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MLP2007-00004
NOTICE OF TYPE II DECISION �, MINOR LAND PARTITI�N (MLP) 2007-00004 - .�� �k. "����1 DDHK VENTURES PARTITION ;� ' �.,;,�_ � : - 120 DAYS = 10/27/2�07 SECTION I. APPLICATION SLJMMARY FILE NAME: DDHK VENTURES PARTITION CASE NO: Minor Land Partition(MLP) MLP2007-00004 PROPOSAL: The a licant is re uesting Minor Land Partition approval to partition one 1 e�sting 60-acre lot intPoPtwo (2)pa cels. 1'roposed parcel 1 is 13,170 s�uare teet and parcel is 11,586 square feet. Parce l 1 has an existing "Fast L a ne Quic k lu be ve h ic le service business. Parce l 2 is vacant. APPLICANT/ DDHK Ventures,L.L.G APPLICANT'S VLMK Consulting Engineers OWNER Attn: MichaelDenton REP.: Attn: eruuferKimura 12604 SW 60`�Cx. 3933 �Kelly Ave. Portland,OR 97219 Portland,OR 97239-4393 COMPREHENSIVE PLAN DESIGNATION: GG: General Commercial ZONE: GG: General Commercial District_The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Cit�wide and even regional trade area.Except where non-conforrrung,residential uses are limited to sin le-familyresidences which are located on the same site as a pernzitted use: A wide range o� uses, uicludulg but not limited to adult entertairunent, automotive eqi.upment repa.ir and storage, mini-warehouses, utilitiest heliports, medical centers,major event entertauiment,and gasoline stations,are pemutted conditionally. LOCATION: 13545 SW Pacific Highway;Washington CountyTax Map 2S102CC,Tax Lot 600. PROPOSED PARCEL 1: 13,170 Square Feet. PROPOSED PARCEL 2: 11,586 Square Feet. APPLICABLE RE VIE W C�ITERIA: CommunityDevelo ment Code Chapters 18.390 (Decision-Making Procedures); 18.420 (I.and Pattitions); 18.520 �Commercial Zoning Districts); 18.705 (Access Egress and Circulation ; 18.745 (Landscaping and Screenin ; 18J65 (Off-Street parking and Loading Requirements�; 18.790 ('I'ree Removal); 18.795 �1�sua1 Clearance Areas); and 18.810 (Street and Uulity Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTIC�OF DEQSION MLP2007-00004/DDHK VENTURES PARTITION PAGE 1 OF 14 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: e app cant s �prepare a cover etter an su rrnt it, a ong wi any suppomng ocuments an or ans that address the folIowing requirements to the PLANNING DIVISION ATTN CHERYL CAINE�503- 639-4171, EXT 2437. The cover letter shall clearly identify where in the su�mittal the required information is found: 1. The applicant shall record a reciprocal access a reement between Parcels 1 and 2. Documentation of the recorded easement must be given to Cityof Tig�Planning Division. 2. Prior to final plat approval,the applicant shall submit a revised site plan for review and approval that reflects the actual lot area of Parcel2 based on the defuut�on in TDC 18.120. 3. Prior to final plat, the applicant shall submit a revised plat for review and approval that shows the visual clearance area for the access to Parcels 1 and 2 accurately,in accordance with TC�C Section 18.795.040. The applicant shall prepare a cover letter and submit it, along with any supporti�ng documents and/o�r plans that address the following requirements to the ENGINEERING DIVISION,ATTN: HIM MQVIILLAN 503- 639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required infoimation is found: 4. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF GONTAGT: Bethany Stewart, Engineer�ing). 5. The applicant shall provide s��gnage at the entrance of each shared flag lot drivew�ay or private street that lists the addresses that are served by the given dnveway or street. 6. The applicant shall execute a Restrictive Covenant whereby they agree to comp lete or participate in the future improvements of SW Highway99 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 forniation 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 thix�d parcy 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 byothers adjacent to the subject site. 7. A joint use and maintenance agreement shall be executed and recorded on City standard forn�s for all common dnveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 8. Final design plans and calculations for the private detention facility shall be submitted to the Engineering Department (Kun McMillan). 9. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Cit�s global positiorung system(GPS�geodetic control network(GC 22) as recorded in Washington County survey records. These monuments shall e on the same line and shall be of the same precision as required for the subdiv�sion plat boundary. Along with the coordinates, the plat shall contaul 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 Cat�s GPS survey. . By random traverse using conventional surveying methods. NOTIC�OF DEQSION MLP2007-00004/DDHK VENTURES PARTITION PAGE 2 OF 14 10. Final Plat Application Submission Requirements: A Submit for City review four (4) pap er copies of the final plat prepared by a land surveyor licensed to practice in�regon and necessarydata or narrative. B. Attach a check in t�e amount of the current final plat review fee (Contact Plann'a/Engineering Pemzit Technicians,at(503 639-4171,e�.2421). G The final plat and ata or narrative shall be drawn to the minunum standards set forth bythe Oregon Revised Statutes (ORS 92.05),Washington Counry,and bythe Cityof Tigard. D. The tract ded.icat�on for the pnvate street shall be made on the fin�al 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 ap plicant's surveyor. F. After the Ci t y and C:oun have reviewed the final�plat, submit two m y l a r co pies of the final lat for Ci t y En guzeer s��gnature�for partitions), or Ci t y E n gineer and Commuru t y Deve lo pment �irector signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERNIITS: e app cant s prepare a cover etter an su rrut it, a ong wi any supporti�ng ocuments an o�rp ans that address the following requirements to the ENGINEERING DIVISION,ATTN:HIM MCMILLAN 503- 639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required infom�ation is found: 11. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded f inal plat. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DEQSION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DEQSION. SECTION III. BACKGROUND INFORMATION Site Inforn�ation and H�sto The site is current y eve oped with Fast Lane Oil Cha�n�ge. Approval of this development was given through a Site Development Review(SDR2003-00005). A Minor Moditication to re-configure the existing parking lot was approved in June of 2007 �MNID2007-00012). At the time of this decision,work had not begun on that new park�ng lot.7'rior to the oil-change facility, the site was developed with a retail building (antique furniture). Two muior modification decisions were found associated with the exis ' building. The first was to add a four hundred eighty(480 square foot addition to the existin building (IVIIVID1999-00 18) and the second was to add an additional ten (10) par�ng stalls to the parking area (NIlV�96-00003). No other land-use cases were found. The site was originally comprised of three paxcels (WC11VI 1S102C�C, tax lots 600 701, and 702). The three parcels were consolidated into one parcel (t�lot 600) prior to construction of Fast Lane. �I'he current parcel is 26,167 square feet (.60 acres). Vicini Information The su �ect site is ocated on the north side of SW Pacific Highwaybetween SW Park and Watkins Streets. Propertyto the nort� is zoned GG.(General Commercia� and is developed with commercial uses. Pmperty to the west is zoned R 3.5 (T.ow Density Residential) and is currendy developed with single-f amily homes. Pro osal Descri tion: e app 'cant is requesting Minor Land Partition approval to partition this .60 acre site into two parcels. Parcel 1 will be 13,170 square feet. Parcel2 will be 11,586 square feet. The Fast Lane Oil Change will be on Parcel 1 and Parcel2 will be vacant. NOTICE OF DEQSION MLP2007-00004/DDHIC VENTCJRES PARTITION PAGE 3 OF 14 SECTION IV. PUBLIC COMMENTS The T'igard CommunityDevelopment Code re uires that propertyowners within 500 feet of the subject site be notified of the proposal, and be given an oppomuuty�or wntten comments and/or oral testimony prior to a decision being made. In addition,staff has posted a notice on the site,visible from both streets. Staff received no comments or letters from adjacent propertyowners. SECTION V. APPLICABLE REVIEW CRITERIAAND FINDINGS Land Partitions (18.420� The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comp l�y with all statutory and ordinance requirements and regulations as demonstrated bythe analys�s contained within tFiis adtnimstrative dec�sion and through the imposition of conditions of development approval. All necessary conditions must be satisfied as part of the development and building process. Therefore,th�s critenon�s met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, Staff finds that ade uate public facilities are avail�ble to serve the proposal since no new development is proposed at this time. Therefore,�cntenon is met. All proposed improvements meet City and applicable agency standards;and The public facilities are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Irriprovement Standards). No improvements are required with this proposal. Staff finds fhat this critenon is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district The minunum lot width required for the GG zoning district is 50 feet. Both parcels are irregular shaped. Parcel 1 has an average parcel width of 70 feet,while Parcel2 has an average width of 133 teet. This information was athered from the scaled site plan because the applicant did not give specific dimensions within the narrative. This stan�ard has been met. 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. There is no minimum lot area requ.irement in the GG zo district. The proposed partition creates two (2) lors that are 13,170 and 11,586 square feet respectively. This criterion been met. Each lot created through the partition process shall front a public right-of way by at least L5 feet or have a legally recorded minimum 15-toot wide access easement Parcel 1 has 122 feet of street frontage along Pacific Highway. Parcel two has no street frontage, but is accessed by a 45-foot easement across tax lot 700. Setbacks shall be as required by the applicable zoning distric� Setbacks for the GG zone are typically zero unless the site is adjacent to or near a residential zoning district. The setbacks for Parcell were approved through the SDR2003-00005. The location of the�proposed�property line will only increase the rear yard setback. Setbacks for future development on Parcel 2 wiIl be veri�ied through the Site Development Review process. NOTTCE OF DEQSION MLI'2007-00004/DDHK VENIURES PARTTTTON PAGE 4 OF 14 When 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 maximize separation from existing sttuctures. Parcel l has frontage along Pacific Highway,but Parcel2 is a flag lot. No structures are proposed at this time,therefore this criterion is not applicable. Front yard deterniination will occur at the time of Site Development Review. A screen shall be provided along the propetty line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot m accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development The two adjacent lots aLso utilize the existing access drive.Screening is not necessary in this case. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. Hycirant location and access have not changed since the Previous approval SDR2003-00005. Tualatin Valley Fire and Rescue endorse the ro�po�sal and no condiuons were made regarding access or firefighting water supplies (see July 26, 2007 comment letter�. This requirement is met. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. An access easement e�sts across tax lot 700 to Parcels 1 and 2. A co yof this easement was provided by the a licant. A reconfiguration of the parl�ng lot on Parcel 1 was approved througPh Minor Modification (NIlVID2007-00012�P Even i f t�u s change does not occur,t he par k i ng for Parce l l �s accesse d via 1'arce l 2. A reciproc a l access easement is necessary between Parcels 1 and 2. The site plan shows a 10-foot access easement on Parcel2,but the narrative does not address the easement. This standard can be met conditionally. Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Ci�ulation. This standard is addressed under Chapter 18.705 (Access,Egress and Circulation) later in this decision. Where landfill and/or develo ment is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration o�the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The partitioned lots are approximately 3,250 feet to the south of the nearest 100-year floodplaun. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustrnents. The applications for the partition and variance(s)/adjustment(s) will be processed concurrendy. No variances or adjusunent requests have been proposed. FINDING: The Land Partition standards have not been fullymet but can be as conditioned below. CONDITION: The applicant shall record a reciprocal access agreement between Parcels 1 and 2. Documentation of the recorded easement must be given to Cityof Tigard Plaruiing Division. NOTIC�OF DEQSION MI.P2007-00004/DDHK VENI'URES PARTITION PAGE S OF 14 Residential Zonin Districts (18.510� Development stan�ards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 DEVELOPNiENT STANDARDS IN RESIDENTIAL ZONES STANDARD GG Parcell Par�e12 Minimum Lot Size -Detached unit None 13,170 sq.ft 11,586 sq.ft.[1] -Duplexes -Auached unit Minimum Lot Width 50 ft 70 ft[2] 133 ft[z] Maaiimum Lot Covera e 85% 77% Can be met Minimwn Setbacks Can be met -Fcont yatd 0 ft 24.5 ft. -Side facing street on comer&through lots -- N/A -Side yaid 0/20 ft[1] 1 ft or more -Rearyacd 0/20[lj 175 ft -Distance between property line and fivnt of gacage -- Maximucn Hei ht 45 ft 40 ft Can be met Minimum Landsca Re uuement 15% 23% Can be met [1]Includes a 10-footaccess easement [2]Numbecs are averages measured from the site plan. No muumum lot size is reguired for the GG zone. The lot area for Parcel2 includes a 10-foot access easement. No explanation was given ul the narrative for the easement. The easement should not be included based on the defirution of lot area in Tigard Development Code (TDG� 18.120. Setbacks for the building on Parcel 1 were approved through SDR2003-00005. The new proposed property line only affects the rear setback and that setback is increased. No structure is proposed for Parcel2; the setbacks, building height and coverage requirements will be checked during any future perrrut reviews. The applicant notes on the site plan a 15-foot setback along the rear �roperty lines of both Parcels. Because the site abuts a residential zoning distnct (R 3.5) the rear setback�s actually 0 feet as shown ui Table 18.520.2 of the Tigard Development Code. The ex�sting buiiding �s over 155 feet from the rear property line. As noted above Parcel2 will be vacant. FINDING: Based on the analysis above, the Commercial Zoning District Standards can be rnet conditionally. CONDITION: Prior to finalplat approval,the applicant shall submit a revised site plan for review and approval that reflects the actual lot area ofParcel2 based on the definition in TDC 18.120. Access,Egress and Circulation(18.705� Continuing obli�ation of p%perty 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�cel of real properiy in the City. Joint Access. Ownets of two or more uses, structures,or parcels of land may agree to utilize joindy the same access and egress when the combined access and egress of both uses, structures, or pa�els of land satisfies the combined requirements as designated in this tide,provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements,leases or contracts are placed on pernianent file with the City. An existing drive provides access to Parcels 1, 2 and adjacent tax lot 700. The applicant has provided a copy of the access easement. An additional access easement is necess a ry between Parcels 1 and Z. No legal documentation for th�s easement was given with the application. A condition o f approval under the Minor Lan d Partition section of this decision addresses the issue. T�vs standard can be met conditionally. Curb cuts. Curb cuts shall be in accordance with Secdon 18.810.030N No curb cuts are proposed with this application. Both parcels will utilize an e�sting access onto Pacific Highw�ay. NOTICE OF DEQSION MLI'2007-00004/DDHK VENTC�ES PARTITION PAGE 6 OF 14 Public street access. All vehicular access and egress as required in Secdons 18.705.030H 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 proposed parcels will have access onto Pacific Highway through an access easement across tax lot 700. This standard is met. 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 stackin needs, sight distance and deceleradon standards as set by ODOT,Washington County,the City and AAS�O. T1ie applicant's engineer has provided sight distance certification for the existing drivevc�ay access onto H'ighvv�ay 99. The posted speed �s 35 mph, requirulg 360 feet of sight distance in both direcuons. The engineer states that sight distance was measured to be greater than 400 f eet to the east and west of the access,thereby meeting this criterion. Section 18.705.030.H.3 and 4 states that the minimum spacin of driveways and streets along a collector shall be 200 feet The minimum spacin��of drivewa�ys and streets a�ong an artenal shall be 600 feet The minimum spacing of local streets along a local street shall be 125 feet The applicant did not address this section of the code other than pointing� out a previous approval that was not attached. Staff had to research the previous land use file for the applicant to detemiine that the previous land use had ODOT approval for the access. Minimum Access Requirements for Commer�cial and Industrial Use: Section 18.705.030.I provides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with fewer than 100 parking spaces is one 30-foot accesses with 24 feet of pavement Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary gmund floor entrances; additional requirements for truck tr�ffic may be placed as conditions of site development review. Each parcel will have access through an existing 45-foot paved access on neighboring t� lot 700. Vehicular access is provided through the oil change facilityon Parcel l. No structure�s proposed on Parcel 2 at th�s time. One-way vehicular access points: Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific dnveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the e�cit drive shall be situatedfarthest from oncoming traffic. The existing access drive is designed fortwo-waytraffic. Therefore,this standard does not apply. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways 6e placed on adjacent streets,upon the finding that the proposed access would: • Cause or increase existing hazardous traffic conditions; or • Provide inadequate access foremergencyvehicles• or • Cause hazardous conditions to e�ust wl�uch woul�constitute a clear and present danger to the public health,safety,and general welfare. To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; To facilitate pedestrian and bic ycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections,as teasible,between neighboring developments or land uses; NO"ITCE OF DEQSION MI.P2007-00004/DDHK VENT[JRES PARTITION PAGE 7 OF 14 The access to the sub�ect property is pre-existing and is not considered hazardous or constitutes a clear and resent danger to the� public �ealth. Standards for access are discussed elsewhere in this decision (Section VIII. PAgency Comments). Therefore,no access restriction is required. Landscaping and Screening(18�745� Street trees: Section 18.745.040.A.: All development projects frontin� on a pu� blic street, private street or a private driveway more than 100 feet in length approved after the adoptron of this tide shall be required to plant street trees in accordance with the standards in Section 18.745.040C. Street trees have been provided along Pacific F-�i�hway for Parcel 1. These were Previously approved through SDR2003-00005. Parcel 2 has no frontage on a pu lic or private street. This cntenonhas been met. Buffering and Screening; Section 18.745.050 states that no buffer is required between abutting uses that are of a different type when the uses are separated by a street Buffering and/or screening are reqi.ured for dissimilar uses. Buffering is required between the site and the residential units to the west. As required by the previously ap proved Site Development review a QVIU wall and 15 feet of landscaping was installed along the western boundary. Buffering on Parcel Z will be reviewed again during any future Site Development Review. Tlvs standard has been met. Off-street Parkin�and Loadin�Requirements (18.765�: This Chapter is applicable or development pro�ects when there is new construction, expansion of existing use, or cFiange of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The site plan shows a change to the Fast Lane Oil c e parl�ng lot. T�vs modification was approved under a separate review,MMD2007-00012,and is not part of the Minor d Parut�on. No additional parking spaces are required since no square footage is being added to either parcel. Tree Removal(18.790� Chapter 18.790.030 requires the submittal of a tree plan that identifies the location size and species of all tr+ees on the site a program to save e�sting trees over 1�-inch diameter at breast height (dbh) or mitigate for their removal, ic�ent�ficat�on of trees to be removed and a protection program defining standards and methods that will be used by the applicant to protect trees c�uring and after construction. No trees are being affected by this proposal. Small landscape trees will be removed to re-configure the parkin area. Tlvs change was approved through a separate land use dec�sion(1VIlVID2007-00012). No arborist report is reqwre�. Visual Clearance Areas (18.7951: This Chapter requires t a c ear vision area shall be maintained on the corners of all properiy adjacent to intersectin� nght-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicIe, hedge, pl�anting fence, wall structure, or temporary or permanent obstruction exceedin�three �3) feet in heigh� The coc�e provides that obstiuctions that may be located in this area shall be visua y clear etween three (3) and eight(�) feet in height Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangttlar area formed by measuring from the corner, 30-teet along the right-of way and along the driveway and connecting these two points with a straight line. The applicant states there are no changes to the access and that the visual clearance area was previously approved. 1"his statement does not consider the additional right-of-way dedication along Pacific Highw�ay, thus changuig the v�sual clearance area. The areas were not indicated on the proposed site plan. FTNDING: Based on the analysis above,the Vision�learance Standards are not met. GONDITION: Prior to final plat, the applicant shall submit a revised plat for review and ap roval that shows the visual clearance area for the access to Parcels 1 and2 accurately,in acco�ance with TmC Section 18.795.040. NOTTCE OF DEQSION MLP2007-OOOOA/DDHK VENI'[JRES PARTITION PAGE 8 OF 14 Im�act Study�18.390) Sect�on 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 setvices. For each public facility system andtyp e of impac the study shall ropose improvements necessary to meet City standard, and to minimize�he impact o� the developmen�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 s pecifically concur with a re uirement for public right-of-wa dedication, or,provide evidence that supports t the real rope dedica 'on is not rou,ghly roportional �o the rojected unpacts �ha p rty p p of the develo ment, Section 18.390.D40 stafes that when a condirion of ap roval reguires fhe transfer to the public of an interest in real properiy,the approval authority shall adopt findin�s whicFi support the conclusion �hat the interest in real property to be transferred is roughly proportiona to the impact the proposed development will have on fhe public. No impact study is requued for this application. Improvements were made alo Pacific Highway during the construction of the Fast Lane Quicklube approved m 2003. Connection to utilities will�e required at the tune Parcel2 is developed. The Washington County Traffic Impact Fee (7TF �s a mitigation measure that is required at the time of development. Based on a transportation unpact stuciy prepared�y Mr. David Larson for the A Boy Expansion/Dolan II/Resolution 95-61, TTFs are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system Suice no development is occuiring with this proposal,the applicant will not be re quired to pay TTFs. An addit�onal 12 feet of right-of-way �s required by Oregon Department of Transportation along� Pac�fic Highway. Because t�vs dedication �s not a Gty requirement, it u not considered in the analysis. No additional unprovements are required by the City;theref ore no analys�s is required. PUBLIC FACILITY CONC;�RNS Street And Utility Irnvrovements Standards (Section 18.810 : Chapter 18.810 provi es construction stand'ards or the implementation of public and private facilities and utilit�es such as streets,sewers,and drainage. The applicable standards are addressed below: Streets: Improvements: Sect�on 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 104 right-of-way width and 72-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways,underground utilities, street lighdng,storm drainage,and street trees. This site lies adjacent to SW Highway 99, which is classified as an Arterial on the City of Tigard Transportation Plan Map. At present, there �s appro�ucnately 40 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 52 feet from centerluie. SW F�ighway 99 is cun-ently partially improved. In order to mitigate the impact from tivs development, the applicant should enter ulto an agreement f or future street unprovements. 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 restnctions e�sting prior to May 1 1995 wIlich preclude street connections. A full street connection may also be exempted due to a regulate� water feature if regulations would not pernut construction. NOrTICE OF DEQSION MI.P2007-00004/DDHK VENI'URES PARTITION PAGE 9 OF 14 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 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 reconfi�ure the street pattern to �rovide required extensions. 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. The applicant did not address this code section. There are no opportunities to provide new street connections to Highway 99 due to ODOT access management restrictions. 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, cix�ulat�on, control and safery of street traffic and recognition of limitations and oppottunities 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 highways,major collectors or railroads. . For non-residential blocks in which internal public circulation provides equivalent access. Due to existing development surrounding the property there are no possible street connections or opportunities to create shorter block lengths that meet the cuirent standard. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or n�ght-of ways shall be provided when full street connection is notpossible. Spacing between connections shalibe no more than 330 feet, exce�t where precluded by envrronmental or topographical constraints, existing development patterns, or strict adherence to other standa�is in the code. Due to the placement of homes surrounding the property,a bicycle/pedestrian connection is not possible at this time, nor is a connection hkelyin the future. 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 par�el is less than 1.5 times the minimum lot size of the applicable zoning district Both lots have irregular shapes. Parcel 1 has an average lot width of 70 and a depth of ap roximately 255 feet �3.64 times). The average lot width on Parcel2 is 133 feet and the maXimum depth is 98 feet (1.3�times). S-ince there�s no miniinum lot size }or the General Comcnercial (GG) zone,this standard does not apply. These numbers are based on measurements taken from the site plan because this standard was not addressed bythe applicant. 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 parcel to either have a minimum l5-foot frontage or a rrununum 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, Parcel 1 has 122 feet of street frontage along Pacific Highway. Parcel two has no street frontage, but is accessed by a 45-foot easement across tax lot 700. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant did not address this code section. There is an e�stin sidewalk along the property frontage on Highway 99. The sidewalk is not in the ultimate locauon with the required p�anter strip between tlie curb and the sidewalk The applicant shall enter into an agreement for future street improvements in order to satisfythis requirement. NOTTCE OF DEQSION MLP2007-00004/DDHK VENfCIRES PARTI'TION PAGE 10 OF 14 Sanitary Sewets: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new develo ment and to connect develo ments to existin mains in accordance with the provisions set fotth in Design and Construction Standards�or Sanitary and Su rface Water Management(as adopted by Clean 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 tlze Comprehensive Plan. The applicant did not adequately address this code section. There is an existing public sewer that is located along the west properry line.. This sewer line may serve the future development of Parcel 2. Parcel 1 is already provided with sarutarysewer service. Storm Draina�e: General Provisions: Section 18.810.100.A states requires develope�s 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 latge enough to accommodate potential nuioff from its entire upstream drainage area,whetlier inside or outside the development The City Engineer shall approve the necessary size of the facility based on the pro� visions of Design and Construction Standards for Sarutary and Surface Water Management�as adopted by �1ean Water Services in 2000 and including any future revisions or amendments). There are no upstream drauiage ways that impact this development. Effect on Downstream Drainage: Secdon 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 exishng drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional iunoff caused by the development in accordance with the Design and Consttuction Standards for Sanitary and Surface Water Management(as adopted by Clean Water Sen�ces in 2000 and including any future revisions or amendments). In 1997, C1ean 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 unp ervious area reduction pro ram resulting in no net increase uz storm peak flows up to the 25-year event. The City w71 require that all new deve�opments result��n� in an increase of impervious surfaces provide onsite detenaon faciliues,unless the develo-pment is located adjacent toFanno Cxeek For those developments ad�acent to Fanno Creek,the storm water nuioff wiIl be permitted to d�scharge without detention. The applicant was asked to submit the calculations f or detention and water qu�ality f or the development of Parcel 2. The applicant submitted a site plan with water quality calculations. The applicant referenced calculations submitted with a 2003 land use. The app�icant's narrative states there is no new development with this proposal and the storm water for the park�ng lot change �s beuig reviewed under a separate submittal. Irregardless,the apphcant's engineer shall submit detenuon calculations for Parcels 1 and 2 f or review and approval prior to final plat approval. Bikeways and Pedestrian Pathwa s: Bikeway Extension: Section 18.8�0.110.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. Highway 99 is a bicy�le facility. There are existing bicy�le lanes,thereby meeting this criterion. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television servYCes and related facilities shall be placed under�ro� und, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground,temporary utility service facilities during constxuction, high eapacity electric lines operating at 50,000 volts or above, and: NOTIC�OF DEQSION MLI'2007-00004/DDHK VENTURES PARTITION PAGE 11 OF 14 . The developer shall make all necessary arrangements with the serving utility to provide the under�round services;, . . The C:ity reserves the nght 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 constructed�p rior 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 pro osed to take place on a street where existing utilities which are not underground will serve the developmen�and the approval authority detemunes that the cost and technical difficulty of under-grounding the u�ilities outweighs the benefit of under-grounding in conjunction with the development The detenrunation shall be on a case-by-case basis. The most common, but not the only such,situa�ion is a short frontage development for which under- rounding would result in the placement o�addit�onal poles, rather than 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. ADDITIONAL CITY AND/OR AGENCY CONC�RNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Storm Water ali . The City s agree to enforce Surface Water Management (SWM) regulations established by C1ean Water Services (CWS) Design and Construction Standards (adopted by Resolution and �r�der No. 00-7) which require the construct�on of on-site water quality facihties. The facilities shall be designed to remove 65 percent of the phosphorvs contained in 100 percent of the stortn water n.inoff�enerated �rom newly created unpetvious 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 applicant submitted the calculations for water quality that were previously submitted with the 2003 land use applicauon. These calculations included the area located v�nthul proposed Parcel2. The applicant's engineer states that tFie calculauons show no additional water quality treatment �s necessary because the system is designed with a storm filter that is large enough to handle runoff from both Parcels 1 and 2. Grading and Erosion Control: CWS Desi n and Construction Standards 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, excavahng, clearin , and any other activity wluch accelerates erosion. Per CWS regulations the apphcant is reqtured to su�mit an erosion control plan for City review and approval prior to issuance of City pernuts. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control pernut be issued for any development that will disturb one or more acre of-land. Since this site is over five acres, the develo.per will be rec�uired to obtain an NPDES pernut from the City prior to construction. This pernut will be issued along with the site and/or building pernut No grading is proposed with this application. Address Assi nments: The C'ity o ig�esponsible 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 pnor to final plat approval. For multi-tenant buildings: one address number is assigned to the building and then all tenant spaces are given suite numbers. The Ciry is responsible for assigning the main address and suite numbers. This infornzanon is needed so that building perniits for tenant improvements can be adequately tracked in the Cit�s permit tracking system Prior to issuance of the srte pern�it, the applicant shall provide a stute layout map so suite numbers can be assigned.. The addressing fee will then be calcuZated based upon the number of suites that must be addressed. In mulu-level structures, ground level suites shall have numbers preceded by a "1", second level suites shall have nurribers preceded by a"2",etc. NOTIC�OF DEQSION MI.P2007-00004/DDHK VENI'URES PARTITION PAGE 12 OF 14 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 pexsonnel to more easilyfind a particular home. Surve Re uirements: e app �cant's inal p t shall contain State Plane Coordinates AD 83 (9� 1)] on two monuments with a tie to the Cit�s global positionuig system(GPS) geodeuc control network(�GC 22). These monuments shall be on the same line and shall be of the same prec�sion 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 Cit�s GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built cirawin�s shall be tied to the GPS network The applicant's eng'meer shall provide the Caty with an electronic file with points or each structure (mar�lioles, catch basins, water valves,-h�ts and other vv�ater system features) in the development, and their respective X and Y State Plane Coordinates, re erenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS The City of Tigard Public Works Depa�tinent, Building Division and Tigard Police were sent a copy of the proposal. No ob�ections were made byanyof the staff. SECTION VII. AGENCY COMMENTS Tualatin Valley Fire and Rescue endorses the proposal and has no conditions insofar as fire apparatus access or firefighting water supphes. Qwest sent notification that the site is outside their coverage area. 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 AUGUST 23,2007 AND BECOMES EFFECTIVE ON SEPTEMBER 8,2007 UNLESS AN APPEAL IS FILED. A eal The Director's Decision is final on the date that it is mailed. All persons entided 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 a peal together with the re�quired fee shall be filed with the Director withul ten(10) business days of the date the Notice o�llecision was ma�led. The ap�eal fee schedule and forms are available from the Plarming Division of Tigard Caty Hall, 13125 SW Hall Boulevard,TTigard,Oregon 97223. NOTICE OF DEQSION MI.P2007-00004/DDHK VEN'TURES PARTITION PAGE 13 OF 14 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted bythe parties durin� the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be subrtutted by any party dunn.g the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to wne by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 7,2007. uesu�ons: If you have any questions,please call the City of'I�igard Plannuzg Division,T"igard City Hall, 13125 SW Hall Boulevard, Tigard,Oregon at(503) 639-4171. C��'� Ca'<"�.�.-� Au t 23 2007 PREPARED BY: Cheryl Caines A� Associate Planner `,.,_- i� August 23,2007 APPROVED Y: Ric ar ewersdo DATE Planning Manager , c\cucpin\cheryl\mlp\m1p2007-00004 DDHK Vennurs\m1p2007•00004 decisioadoc NOTI�OF DEQSION MLI'2007-00004/DDHK VENTURES PARTiTION PAGE 14 OF 14 / � �.. - . / GEOGliAPHIC•INfORMATInN•YSi[M � VICINITY MAP 2 �, � �L =_________ MLP2007-00004 DDHK VENTURES/ PARK ST PARK ST FAST LANE OIL PARTI7TON w MIRA Q - c� � v COOK LN ��t� > QQ' LEGEND: = z sUBJECT ° � — SITE � _ __ _ f-- , ,�,; , � ,,i�1 SF FAIRHAVEN ° �y r' ST a� —; FE �"'-�( - �W l.�_r 3 � .a �� + � ` . 4�. { - � --��kfi�-Qr . -� RA\ � � • � AIRHAVEN �J� — �—�B�ti!� � '� � �� � , , TigarO Area Map � N 0 80 160 240 320 400 Feet GARDEN PARK PL 1'=307 feet / ~ HILL VIEW ST � �, , � 0 Intormalion on Ihis map is for general bcation only ard � � should be verified with Ihe Developmenl Services Division. � 13125 SW Hall Blvd (� Tigard,OR 97223 �+� � (503)639at171 ,� I I httD���ww�+'.ci.tigard.a.us Community Development Plot date:Jul 10,2007;C:ImagiclMAGIC03.APR mxlox~l~ Ila ~av~ VSO 1,.~! u 1. 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DN .6� s SELF STORAGE BUIIDWG � � (YYOOD FRAYE) fND. J' BRASS DI51( MARWNG D.LC. CORNER I N 89'S0'56" E 219.40' N 89'S0'S6 E 65.33' s t,� / , I 15' MADE STORIJ SEWE� � x n EASEIAENT PER DOC. P A R C E L � ,� 85-005074 � a' / " N as•so�5s° E 118.63�__ � \ 14,583 SQ. FT. 10.0' 10' ACCESS EASEMENT � s `� ss�. \ \ ,� �,` � � _r- !�. nY lv�h !��i J 45' WIDE EASEMENT FOR �a� F � /, ���V -�� � � INGRESS AND EGRES� ? / �Q � • n PER DOC. 94-030602 � �� � � � � � '1 4� 3� I PARCEL 2 / � �°,�"'� '� � / ;�- 11 ,586 SQ. FT. � � / � �.a� � �o�'�o° ', ,' � _ o � � a �' I �"'i \ / ` � �� V� FND. 5/8'IRON ROD � � / � � � / MWCH FALLS O.J2'� I h�� � � `� oF P 1 ^� � � � � � ti y / / \ ST, �� �. . I ' / S<��;�� �. is's�w. sE+�x EASEYENi PER (10C.�EJ000975 � � ��'0 �` File Poth: D: DWG06 � File Name: 61103.DWG I � Plot Date: 12-06-2006 - i Plot Time: 10:22 m 40.0' ' I PROPOSED PARTITION PLAT / � % LOCATED IN THE SW 1/4 OF THE SW �o' 1/4 OF SECTION 2, T2S, R1 W, W.M., / i I CITY OF TIGARD, WASHINGTON COUNTY, OREGON. FHD. 5/B' IRON I 00\ �r�a�v a as�ar,carFS . E P LAT ,° = 40.0� ILAND SURVEYOR I 1705 LEE STREET, LAKE OSWEG , OR 97034 PHONE (503) 697-6869, 6 -6980 FAX 40 0 40 80 120 I / NOTICE OF TYPE II DECISION �� MINOR LAND PARTITI4N (MLP) 2007-00004 : DDHK VENTURE S PARTITION , , , 120 DAYS = 10/27/2007 SECTION I. APPLICATION SUMMARY FILE NAME: DDHK VENTURES PARTITION CASE NO: Minor Land Partition(MLP) MLP2007-00004 PROP�SAL: The applicant is requesting Minor Land Partition approval to partition one (1) e�stuig .60-acre lot into two (2) parcels. Proposed parcel 1 is 13,170 sc�uare feet and parcel 2 is 11,586 square feet. Parcel 1 has an existmg "Fast Lane Quicklube vehicle service business. Parcel2 �s vacant. APPLICANT/ DDHK Ventures,L.L.G APPLICANT'S VLMK Consulting Enguieers OWNER Attn: Michael Denton REP.: Attn: Je��r�uvfer Kimura 12604 SW 60`i'Ct. 3933 SW KellyAve. Portland, OR 97219 Portland, OR 97239-4393 COMPREHENSIVE PLAN DESIGNATION: GG: General Cominercial ZONE: GG: General Commercial District._The GG zoning district is designed to acconunodate a full range of retail,office and civic uses with a City-wide and even regional trade area. Except where non-conforining, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide ran e of uses, including but not limited to adult entertainment, automotive equipment repair an� storage mini-warehouses, utilities heliports, medical centers, major event entertairunent, and gaso�ine stations, are pernlittec� conditionally. LOCATION: 13545 SW Pacific H'ighway;Washington CountyTax Map 2S102CC,T�Lot 600. PROPOSED PARCEL 1: 13,170 Square Feet. PROPOSED PARCEL 2: 11,586 Square Feet. APPLICABLE RE VIE W . CRITERIA: CommunityDevelo ment Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Laud Partitions); 18.520 �Commercial Zon�ng Districts); 18.705 (Access Egress and Circulation ; 18J45 (Landscaping and Screenin ; 18.765 (Off-Street parkuig and Loading Requirements3; 18J90 (Tree Removal); 18J95 ��sual Clearance Areas); and 18.810 (Street and Uulity Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of T'igard Community Development Director's designee has APPftOVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHAI.L 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 obta.ined for twent�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 AUGUST 23, 2007 AND BECOMES EFFECTIVE ON SEPTEMBER 8, 2007 UNLESS AN APPEAL IS FILED. A�—�eal-: The D�irector'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 apQeal 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 within ten �10) business daYs of the date the 7�Totice of Dec�sion was ma�led. The appeal fee schedule and forms are ava able from the I�lanni.ng Division of Tigard CiryHall, 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 wntten comments subrrutted by the parties during the comment period. Additional ev�dence 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 time to tune by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 7, 2007. Fo�estions: r infomiation�please contact the Plaruiing Division Staff Planner, Che Caines at (503� 639-4171, Tigard City Hall, 13125 SW HaII Boulevard,Tigard, Oregon 97223 or by email to cherXcCc�tigard-or.gov. vicirii�rs�ninn < n iLP_On7-OOU!i� DDHIiVENTURE.� PA� ST Fi;TL.1NE0IL P_�RTITION � w MIRA > n y 0 K N &��' rU Q Q LEGEND: o N � SUB�ECT SITE x H FA1qHAVEN ° � , )j T .�1--"�j � ;��"`°��- � P '7�-�'{,� �. AVEN J4'2 __-�, "" h� — � ♦ N RDE •• MILL V � ��y� F .._. .....a� mN wo vrMn� d •: . .••M apc•� 3 Af'A ���ws� � �oI t�w�s� � ' M.Y�up A (�� 11MrG LL4 faMl1 _- N!9'!0'SB'C 71Y.�0•_ __ __ M q'Sp'0� [ �'�]1' ie'+ce sTar: /. k I� uxurrT ru ooc�� . � � u-oosov. � PARCEL 1 �sv_roo'x•c iw.u' � � \ 14,583 SO. FT. � 10.0' 10'�CCE55 EASEMENT /J -�————— .�i;. � � � .,� Q,-�, (�i 10'IOE EASEYfl1T itll � N�� h ` �~ �'�~ � �J F,, I P �i°i un�ia'� r'� r� \ �„���¢��� � ai j j ^'ti v �g I 11. . FT. �, � / � '" �� �'.�� � r � � \ � :,�5 � .av�:u�� t•' / ti.G�,�Cy / n �' i / � �\\ ��� . � � / Q �. �r u..ao '� .�• � �����f/ fll�PoM: D: DWG06 � ill�Nom�:61103.DWC I � Pbl py1�: 12-OB-2008 ._ Plol Pmr IO.I2 m rr ; I PROPOSEO PARTITION P /+T / � LOCATED IN THE SW 1/4 OF THE SW ..r I, 1/4 OF SEC710N 2, T2S, R1W, W.M., / i � CITY OF TIGARD, WASHINCTON COUNTY, OREGON. w...ir� I �\rrrx�cws�saac�u� PLAT ,•_.�o• � I LAND SURVEYDR � I t705 L66 3TltEE7; LAIC6 OS , OR D7034 PHONd(503J QD7-aBED, O -8YB0 RAX w 0 �0 80 720 i � NO�TIC�,TOMORTGAC�E,LIENHOLDER,VENDORORSELLER Tf� TTGARD DEVELOPMENT QODE REQUIlZES THAT IF YOU RECEIVE Tf-IIS NOTI�, IT SHALL BE PROMI'TLY FORWARDED TO TI-�PURC�-IASER NOTICE OF PENDING ,, LAND USE APPLICATION : MINOR LAND PARTITION , , � DATE OF NOTICE: July 10,2007 FILE NUMBER MINOR LAND PARTITION (MLP) 2007-00004 FILE NAME: DDHK VENTURES/FAST LANE OIL PARTITION REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing.60-acre lot into two(2)parcels. Proposed parcel 1 is 13,170 square feet and parcel2 is 11,586 square feet. Parcel 1 has an existing vehicle service business. Parcel 2 is vacant. LOCATION: 13545 SW Pacific I-�'ighway,Washington CountyTax Map 2S102OC,Tax Lot 600. ZONE: GG: General Commercial District._The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Cit�wide and even regional trade area. Except where non-confornung, residential uses are limited to single-family residences which are located on the same site as a perniitted use. A wide range of uses, including but not limited to adult entertairunent, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are pernutted conditionally. APPLICABLE RE VIE W CRITERIA Community Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.745, 18,765, 18.780, 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 JULY 24, 2007. All comments should be directed to Cheryl Caines,Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or by e-mail to cherylc(a�tigard-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 DEQSION- MAKING PROCESS Tf-iE QTY OF TIGARD APPREQATES REC�IVING COMIv1ENTS t1ND VALUES YOUR INPUT. GOMI��NTS WILL BE CONSIDERED AND ADDRESSED WIT�IIN TF-� NOTICE OF DEQSION. A DEQSION ON THIS ISSLJE IS TENTATTVELY SCHEDULED FOR AUGUST 22,2007. IF YOU PROVIDE OOIVIMENTS,YOU WILL BE SENT A COPY OF Tf-� FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN COIvIlVIENTS WILL BECOME A PART OF 'THE PERMANEN`I'PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "A.pplicable 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 specificityon that issue. FAILURE OF ANY PARTY TO ADDRESS 'I'I� RELEVANT APPROVAL CRITERIA WITH SUFFIQENT SPEQFIQTY MAY PREQ.UDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR QRCUIT COURT ON 'IT-�AT ISSUE. SPEQFIC FINDINGS DIRECTED AT 'I'I-� RELEVANT APPROVAL QZITERIA ARE WHAT CONSTITLITE RELEVANT EVIDENCE. AF'I�,R TFIE 14-DAY OOMIvIENT PERIOD Q,OSES, '1T� DIREGTOR SHALL ISSLJE A TrI'E II ADMIr1ISTRATTVE DEQSION. THE DIRECTOR'S DEQSION SHALL BE MAILED TO'IT-�APPLICANT AND TO OWNERS OF REGORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJEGT SITE,AND TO ANYONE EISE WHO SUBMITTED WRITTEN COMIv1ENI'S OR WHO IS O'IT�ERWISE ENTTTLED TO NOTIC�. T�-�E DIRECTOR'S DEQSION SHALL ADDRESS ALL OF T'�IIE RELEVANT APPROVAL CRITERIA. BASED UPON'IT�QtITERIA AND TT�FACTS CONTAINED WITHIN'IHE RECORD,THE DIREGTOR SHAI,L APPROVE,APPROVE WITH QONDI7TONS OR DENY TT� REQUESTED PERMIT OR ACITON. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. . The application is reviewed by City Staff and affected agencies. • Caty Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site;all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any govemmental agency which is entitled to notice under an intergovernmental agreement entered into with the Ciry 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 documenu relied upon by the Director to inake this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspea the file,please call and make an appointment with either the projea planner or the plaruiing 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 th�s application should be directed to the Planning Staff indicated on the fust page of this Notice under the section titled "Your Right to Provide Written Comments." ......................... VICINITI-NIAY �ILF'_no-_ui���G� DDFII:�'EN'IliRE�� Pakk 57 P.j.'T L.iN E CIII. PAFI'ITI(?N IRA > CO K y�' � Q� IFGEND: _ � SUBJECT Y SRF. FqIRHAVEN " I`,� .:� '_�L� 3 ��^�� r�`f e AV �47� r � 2.1' 5~ � w ♦ N CJ�ROE HILL � _ ��y� .:: .r �a .m�+�x a.. . . . � RE QUE ST F OR COMME NT S �� . DATE: Julv 10,2007 . � � TO: Rob Mu�hison, Public Works Project Engineer FROM: Ci,�of T'igard Planning Division � � / / STAFF CONTACT: Che , �aines,Associate Planner(x2437� Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylc tigard-or.gov ` MINOR LAND PARTITION (MLP) 2007-00004 - DDHK VENTURES/FAST LANE OIL PARTITION - REQUEST: The applicant is requesting a Mu�or Land Partition to partition one (1) existing .60-acre lot into two (2) parcels. Proposed�arcel 1 is 13,170 square feet and parcel2 is 11,586 square feet. Parcel 1 has an existing vehicle service business. Parcel2 �s vacant. LOC.ATION: 13545 SW Pacific I�hwa y,Was�ngton CountyTax Map 2S1020C, Tax Lot 600. ZONE: GG: General Commercial District._The GG zonuig district is designed to accommodate a full range of retail, office and civic uses with a Cit�wide and even regional trade area. Except where non-confom�ing, residential uses are limited to single-farrvly residences wi�ich are located on the same site as a permitted use. A wide ge of uses, including but not limited to adult entertain.ment, automotive equipment repa.ir and storage, mini-warehouses,�util�'ties, helip orts, medical centers, major event entertainment, and gasoline statiohs, �are pernlitted conditionally. APPLICABLE REVIE W CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.745, 18,765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From information supplied by various departments and ag�encies and from other�orn�ation available to our staff, a report and recommendation will be prepared and a decision w11 be rendered on the pro osal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: �ULY 24 2007. You may use the space provided below or attach a separate etter to return y�ur commenu. I u are una e tGf�ond b the above date, please phone the staff contact noted above with your comments and co uz�n��yo ur comments in writing as soon as possible. If you have any questions, contact the Tigard Plaiuiing Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE C�-IECKTHE 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: Name&Number of Person Corrunenting: , . � , �A RE QUE ST FOR COMME NT S �� - DATE: Jul��10,2007 . � � TO: Mark Vandomelen,Plans Examination Supervisor FROM: Ciry of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Associate Planner(�437) Phone: (503) 639-4171 F�: (503) 624-3681 Email: chetylc[�tigard-or.gov MINOR LAND PARTITION (MLP) 2007-00004 - DDHK VENTURES/FAST LANE OIL PARTITION - REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) e�sting .60-acre lot into two (2) parcels. Proposed �arcel 1 is 13,170 square feet and parcel2 is 11,586 square feet. Parcel 1 has an e�sting vehicle service business. Parcel2 �s vacant. LOCATION: 13545 SW Pacific I-�'i�hwa y,Washington CountyTax Map 2S102CC, Tax Lot 600. ZONE: GG: General Commercial District._The GG zonuig district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming,residential uses are limited to single-family residences which are located on the same site as a perrrutted use. A wide range of uses, including but not limited to adult entertauunent, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertain.ment, and gasoline stations, are perniitted conditionally. APPLIC�BLE REVIEW CRITERIA: Communiry Development Code Chapters 18390, 18.420, 18.520, 18.705, 18.745, 18,765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From inforniation supplied by various departments and ag�encies and from other�ormation available to our staff, a report and recommendation will be prepared and a dec�sion wi11 be rendered on the pro osal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: �ULY 24, 2007. You may use the space provided below or attach a separate letter to return your comments. I u are una ek�to res ond b the above date, please phone the staff contact noted above with your comments and co ir�nyour comments in writin as soon as possible. If you have any questions, contact the Tigard Plaiuung Division, 13125 SW Hall Boulevard, Tigard,�R 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _� We have reviewed the proposal and have no objections to it. Please contact of our of f ice. Please refer to the enclosed letter or email. _ Written comcnents provided below: Name&Number of Person Coinmenting: 7S. � RE QUE ST FOR COMME NT S �� - �A�: J�y lo,zoo� , , , TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Che , Caines,Associate Planner��437� Phone: (503) 639-4171 Fax: (503) 624-3681 Email:cheryl�tigard-or.gov MINOR LAND PARTITION (MLP) 2007-00004 - DDHK VENTURES/FAST LANE OIL PARTITION - REQUEST: The applicant is requesting a Minor Land Partition to partition one 1 existing .60-acre lot into two (2) parcels. Proposed�arcel 1 is 13,170 square feet and parcel 2 is 11,586 square feet. Parcel 1 has an e�usting vehicle service business. Parcel 2 �s vacant. LOCATION: 13545 SW Pacific I�ighway,' Washington County Tax Map 2S102CC, Tax Lot 600. ZONE: GG: General Commercial District._The GG zorung district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-confornling, residential uses are limited to single-f amily residences wluch are located on the same site as a pernutted use. A wide range of uses, including but not limited to adult entertauunent, automotive equipment repa.ir and storage, mini-warehouses, utilities, heliports, med�cal centers, major event entertain.ment, and gasoline stations, are pernutted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.745, 18,765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From information supplied by various departments and ag�encies and from other�orn�ation available to our staff, a report and recommendation will be prepared and a dec�sion an11 be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: TULY 24, 2007. You may use the space provided below or attach a separate etter to return y�ur comments. I u are unab�o res ond b the above date, please phone the staff contact noted above with your comments and co irmyour comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECKTHE 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: Name&Number of Person Coininenting: J• 0� �,t�1 i � RE QUE ST F OR COMME NT S �� - DATE: Jul�r 10,2007 , � � TO: PER ATTACHE D FROM: Ci ,�of Tigard Planning Division STAFF CONTACT: Cher�l Caines,Associate Planner(�4371 Phone: (503) 639-4171 FaX: (503) 624-3681 Email: cherylc�a tigard-or.gov MINOR LAND PARTITION (MLP) 2007-00004 - DDHK VE NTURE S/FAST LANE OIL PARTITION - REQLTEST: The applicant is requesting a Minor Land Partition to partition one (1) e�sting .60-acre lot into two (2) parcels. Proposed �arcel 1 is 13,170 square feet and parcel2 is 11,586 square feet. Parcel 1 has an existing vehicle service business. Parcel 2 �s vacant. LOCATION: 13545 SW Pacific H�hway,' Washin�on County Tax Map 2S102CC, Tax Lot 600. ZONE: GG: General Commercial District._The GG zorung district is designed to accommodate a full range of retail, office and civic uses with a Ciry-wide and even regional trade area. Except where non-conforniing, residential uses are limited to single-family residences which are located on the same site as a perrrutted use. A wide range of uses,including but not limited to adult entertairunent, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are pernutted conditionally. APPLICABLE REVIEW CRITERIA: Community Development C�de Chapters 18.390, 18.420, 18.520, 18.705, 18.745, 18,765, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, �cinity Map and Ap licant's Materials for y�ur review. From inforn�ation supplied by various departments and ag�encies and from other�ormation available to our staff, a report and recommendation will be prepared and a dec�sion w11 be rendered on the pro osal in the near future. If yc�u w�.ch to comment on this application, WE NEED YOUR COMMENTS BACK BY: �ULY 24 2007. You may use the space provided below or attach a separate etter to return your comments. I u are una e tG�o r�ond b the above date, please phone the staff contact noted above with your comments and co irmyour comments in writin as soon as possible. If y�u have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard,�R 97223. PLEASE CHECK THE F4LLOWING 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: Name&Number of Person Commenting: � r'TY OF TIGARD REQUEST FOR "1MMENTS � NOTIFICA. LIST FOR LAND USE & COMMUNITY DE JPMENT APPLICATIONS FILENOS.: �l�t��Gc?�J —G��c ,��� FILENAME: r��s� 1_w�,� I�t� , �, �� ,< <i�l�(-fl�J CITY OfFICES _LONG RANGE PLANNING/Ron Bunch,Planning Mgr. _CURRENT PLANNING/Todd PragerlArborist .�POLICE DEPT./Jim Wolf,Crime Prevention Officer �� =BUILDING DIVISION/Mark(residential)Brian(commercial) � ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer _HEARINGS OFFICER(+2 sets) CITY ADMINISTRATION/Cathy Wheatley,City Recorder � PUBLIC WORKS/Roh Murchison,Project Engineer PLANNING COMMISSION/GRETCHEN(+12 sets) COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. PUBLIC WORKS/Steve Martin,Parks Supervisor _FILEIREFERENCE(+2 sets) _CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) SPECIALDISTRICTS TUAL.HILLS PARK&REC.DIST.+Y� TUALATIN VALLEY FIRE&RESCUE�► _ TUALATIN VALLEY WATER DISTRICT+R �/ CLEAN WATER SERVICES+► �J 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 Hilisboro,OR 97124 Beaverton,OR 97005-1152 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON � CITY OF TUALATIN � OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS Planning Manager Planning Manager Devin 5immons,Habitat Biologist Melinda Wood tw�ur,Fo�„�Req�+��,� _ Steven 5parks,Dev Svcs nna�a9e� 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,DalaResourceCenter(ZCA) US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,GrowMManagemeniCoorAina�or OR.DEPT.OF LAND CONSERV.B DVLP. Kathryn Harris�M.P.scws�.nKo�iy� _ Mel Huie,GreenspacesCoordinator(CPA20A) M8f8 UII08(Canp.PlanAmenOments&Measure37) Routing CENWP-OP-G CI7Y OF KING CITY� _ Jennifer Budhabhatti,Regwnal Planner(Wetlantls) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,GrowthManagementServices Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COIINTY� OR.DEPT.OF ENERGY�POwer�ines in nrea� _OR.DEPT OF AVIATION IMonopo�eTowers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,a�a����9 155 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 Conwaycc�,a�a�naa�.� Lake Oswego,OR 97034 Planning Division�zcn>Ms ia _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis�cvn> CITY OF PORTLAND (NOtRyfor WetlanOSantl Potentiai Envimnmen�ai Inipacts) Development Review Coordinator DOflB M9�B�8(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section�va�a��o�s� _Sr.Cartographer,cPa�cA,MS,. 1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,5uite 400 123 NW Flanders _Jim Nims,s�rvero�,zcA,MS,S Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 OR.PARKS&REC.DEPT. WA.CO.CONSOL.COMM.AGNCY �ODOT,REGION 1-DISTRICT 2A� _ODOT,RAIL DIVI510N STATE HISTORIC DaveAustin�wcccai��e„°,M�TO.,..,, SamHunaidi,nssistantDistnctManager (NOtiryifODO7RIR�Hwy.CrossingisOn�yAccess�oLand� PRESERVATIONOFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,s�c�o55��gsarerysp��a��s� (NOtilyitPropertyHaaHDOveAay) 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 PROVIDERS AND SPECIAL AGENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC RIR(Bur�ington Northem/Santa Fe R/R Predecessory Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS 1�*COMCAST CABLE CORP. �TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra PalmercA��exauo�so��Y� Gerald Backhaus,��P�«A�aac«��a�n (IfPrqeclisWilhin'/.MileolaTransltROUte) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 �PORTLAND GENERAL ELECTRIC �'�NW NATURAL GAS COMPANY �VERIZON (MC030533) ✓QWEST COMMUNICATIONS Ken Gutierrez,Svc.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 Beaverton,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 �M COMCAST CABLE CORP. COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev �s�ti�p�«�ear.�,�a,:�, Brian Every,�EO��a��MO��, 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 {It INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT If WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Noti�y�. h:lpattylmasters\Request For Comments Notification Listdoc (UPDATED: 6-Jun-07) (Also update�.i:\curpinlsetupllabelslannexations\annexation_utilities and franchises.doc,mailing labels&auto tettt when updating lhis documei Cheryl Caines - Responses to request for comment Page 1 From: "Smith, Lynn" <Lynn.Smith@qwest.com> To: <Cherylc@tigard-or.gov> Date: 7/19/2007 8:28:21 AM Subject: Responses to request for comment Cheryl, We have received your notifications on 3 requests that do not fall within Qwest area, MLP 2007-00004 DDHK Ventures/Fast Lane Oil Partition CUP 2007-00001 550 Zone Reservoir 2 & Price Park SLR 2007-00001 Knauss Subdivision I just wanted to let you know that we don't have responsibility for these areas, please feel free to contact me if you need anything else. Thank you, Lynn M. Smith Manager, Right-of-Way Oregon 503-242-6376 Office 800-427-8360 Pager 503-242-7513 Fax This communication is the property of Qwest and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. �,'.�/ � � \�\ CleanWater Services RECEIVED PLANNING Our c�,ininilin��nl i, clr.ir. JUL 2 4 2007 CITY OF TIGARD MEMORANDUM DATE: July 20, 2007 FROM: David Schweitzer, Clean Water Services TO: Cheryl Caines, Associatc Planner City of Tigard Planning Division SUBJECT: Review Comments—DDHK Ventures/Fast Lane Oil Partition, 2007-00004 MLP 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, 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 ■ As proposed, this partition and parking lot modification will not require new Sanitary Sewer service. STORM DRAINAGE AND WATER QUALITY ■ As proposed, the existing storm conveyance and treatment system has been sized for build out, and may be utilized for this partition/parking lot modification. 2550 SW Hillsboro Highway• Hills6oro, Oregon 97123 Phone: (503)681-3600•Fax: (503)681-3603 •www.CleanWaterServices.org ■ Final construction plans shall show all existing and proposed public and private storm conveyance and easements. SENSITIVE AREA ■ CWS has reviewed this proposal for Tax/Lot Map 2S 1 02CC - 00600 and issued a Sensitive Area Pre-Screening Site Assesment, CWS File Number 07-000739, for the proposed development dated March 15, 2007. Sensitive areas do not appear to exist on site or within 200' of the site. This document will serve as the Service Provider Letter. EROSION CONTROL ■ All CWS erosion control requirements in accordance with current CWS Design and Construction Standards shall be met. � Tualatin Valley Fire & Rescue �,���f'j�/� �U� �� �,, ? �� Zpp7 July 26, 2006 Cheryl Caines, Assistant Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: (MLP) 2007-00004 DDHK Ventures/Fast Lane Oil Partition Dear Cheryl, Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire & Rescue endorses this proposal and we have no conditions insofar as fire apparatus access or firefighting water supplies are concerned. If there is anything about this letter you do not understand, disagree with, or wish to discuss further, please call me. Sincerely, John K . Dalby John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 (503) 356-4723 Nor1/r Division Ojfice 14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax: 503-644-2214 www.tvfr.com Cheryl Caines - MLP 2007-00003 Page 1 From: "Smith, �ynn" <Lynn.Smith@qwest.com> To: <Cherylc@tigard-or.gov> Date: 8/6/2007 8:09:57 AM Subject: MLP 2007-00003 K - • � Cheryl, ' , ` '' ;� We have received your notifications on 1 request that does not fall "t"�` within Qwest area, ;07 MLP 2007-00003 Westview Partition ; .. . , I just wanted to let you know that we don't have responsibility for � these areas, please feel free to contact me if you need anything else. Thank you, Lynn M. Smith Manager, Right-of-Way Oregon 503-242-6376 Office 800-427-8360 Pager 503-242-7513 Fax This communication is the property of Qwest and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. MEMORANDUM CITY OF TIGARD, OREGON DATE: 8/21/07 TO: Cheryl Caines, Associate Planner FROM: Kim McMillan, Development Review Enginee RE: MLP2007-00004 DDHK Ventures Access Manaqement (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant's engineer has provided sight distance certification for the existing driveway access onto Highway 99. The posted speed is 35 mph, requiring 360 feet of sight distance in both directions. The engineer states that sight distance was measured to be greater than 400 feet to the east and west of the access, thereby meeting this criterion. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The applicant did not address this section of the code other than pointing out a previous approval that was not attached. Staff had to research the previous land use file for the applicant to determine that the previous land use had ODOT approval for the access. 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: ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 1 Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 104 right-of-way width and 72-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Highway 99, which is classified as an Arterial on the City of Tigard Transportation Plan Map. At present, there is approximately 40 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 52 feet from centerline. SW Highway 99 is currently partially improved. In order to mitigate the impact from this development, the applicant should enter into an agreement for future street improvements. 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 a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 2 The applicant did not address this code section. There are no opportunities to provide new street connections to Highway 99 due to ODOT access management restrictions. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING Lots -Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. PLANNING ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 3 Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant did not address this code section. There is an existing sidewalk along the property frontage on Highway 99. The sidewalk is not in the ultimate location with the required planter strip between the curb and the sidewalk. The applicant shall enter into an agreement for future street improvements in order to satisfy this requirement. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The applicant did not address this code section. There is an existing public sewer that is located along the west property line. This sewer line may serve the future development of Parcel 2. Parcel 1 is already provided with sanitary sewer service. 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). ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 4 There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant was asked to submit the calculations for detention and water quality for the development of Parcel 2. The applicant submitted a site plan with water quality calculations. The applicant referenced calculations submitted with a 2003 land use. The applicant's engineer shall submit detention calculations for Parcels 1 and 2 for review and approval prior to final plat approval. 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. Highway 99 is a bicycle facility. There are existing bicycle lanes, thereby meeting this criterion. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 5 facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the 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. Storm Water Qualitv: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant submitted the calculations for water quality that were previously submitted with the 2003 land use application. These calculations included the area located within proposed Parcel 2. The applicanYs engineer states that the calculations show no additional water quality treatment is necessary because the system is designed with a storm filter that is large enough to handle runoff from both Parcels 1 and 2. ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 6 Address Assiqnments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. For multi-tenant buildings, one address number is assigned to the building and then all tenant spaces are given suite numbers. The City is responsible for assigning the main address and suite numbers. This information is needed so that building permits for tenant improvements can be adequately tracked in the City's permit tracking system. Based upon the information provided by the applicant, this building will be a multi-tenant building. Prior to issuance of the site permit, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee will then be calculated based upon the number of suites that must be addressed. In multi-level structures, ground level suites shall have numbers preceded by a "1", second level suites shall have numbers preceded by a "2", etc. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicanYs final plat shall contain State Plane Coordinates [NAD 83 (91)] on finro monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 7 Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). . The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. . The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Highway 99 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. . A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. . Final design plans and calculations for the private detention facility shall be submitted to the Engineering Department (Kim McMillan). . 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 ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 8 precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie nefinrorked to the City's GPS survey. • By random traverse using conventional surveying methods. . Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 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 Highway 99, providing 52 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 applicanYs surveyor. F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . Prior to issuance of building permits on Parcel 2, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 9 ENGINEERING COMMENTS MLP2007-00004 DDHK Ventures PAGE 10 . . ., AFFIDAVIT OF POSTING NOTICE ' OF A LAND USE PROPOSAL � � . IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the �latter of the Proposed Land L se �lpplicarions for: Land Use File Nos.: MLP2007-00004 Land Use File Name: DDHK VENTURES/FAST LANE OIL PARTITION I, Cher�l Caines, rlssociate Planner for the Cit�� of Tigard, do affirm that I posted norice of the land use proposal affectin� the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currendy registered) �35�5 cS�-J �ue%-�� {-�-+�-�� . and did personally post norice of the proposed land use applicauon(s) b�-means of weatherproof posting in the general vicinity of the affected territory, a eopy of said notice being hereto attaehed and by reference made a part hereof, on the ��� day of �u.�h ,2007. G� a , e� Signatur of Person Who Performed Posting h:Vu},mi\patry�\mastcr.\atfida.�t of posnnK tor appLcant to post pubht heanng.doc DDHK VENTURES � / FAST LANE OIL PARTITION MINOR LAND PARTITON (MLP) 2007-00004 REQUEST: The applicant is requesting a Minor Land Partition to partition onc (1) existing .60-acre lot into two (2) parcels. Proposed parcel 1 is 13,170 square feet and parcel 2 is 11,586 square feet. Parcel 1 has an existing vehicle service business. Parcel 2 is va� �t. LOCATION: 13545 SW Pacific Highway; Washington County Tax Map 2S102CC, "1"ax Lot 600. ZONE: C-G: General Commercial District._The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single- family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utiliries, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Commv�ity Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.745, 18,765, 18.780, 18. � J0, 18.795 and 18.810. Further information may be obtained from the Planning DivisiOn (staff contact: Cher� Caines, Associate Planner (x2437� at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to ehervle(a�ti�ard-or.��ov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. 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MORRISON ST#800 21500 HAGGERTY ROAD SUITE 100 PORTLAND,OR 97205 NORTHVILLE,MI 48167 2S102C8-01602 2S103DD-00437 BAR-AM LLC LOUCKS HARLOW C&COLLEEN BY GODFATHER'S PIZZA 13605 SW WATKINS AVE 1905 NW 169TH PL#201 TIGARD,OR 97223 BEAVERTON,OR 97006 2S103DA-05900 2S103DA-051D0 BISHOP WILBUR A AND MARTHA E MAWHIRTER IRENE TRUST PO BOX 23832 13960 SW 100TH AVE TIGARD, OR 97281 TIGARD,OR 97223 2S 103 D D-00433 2S 103DA-04702 CALDERON TOMAS D MOAR PATRICIA C TRUSTEE 10710 SW FAIRHAVEN WAY 4114 SW FLOWER ST TIGARD,OR 97223 PORTLAND,OR 97221 2S103DD-00200 2 103DA-04701 CEARLEY DARRELL A& M PAT IA C TRUSTEE ANGELA M 4114 FLOWER ST 13530 SW WATKINS AVE P TLA OR 97221 TIGARD,OR 97223 2S 102C C-00600 2S t 03 DA-04900 DDHK VENTURES LLC MURFINSIMMONS MATTHEW T& 12604 SW 60TH CT MICAHLE PORTLAND,OR 97219 13365 SW WATKINS TIGARD,OR 97223 2S103DD-00700 2S103DA-05602 GILBERTSON LLOYD NGUYEN TUYET-MAI THI 8� DARLENE J TRAN VAN BINH 15980 SW COLONY PLACE 13434 SW 107TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-06000 2S103DA-05600 HOLCOMBE GERALD A& O'DEA PATRICIA J BELINDA M 13472 SW 107TH AVE 13485 SW WATKINS ST TIGARD,OR 97223 TIGARD,OR 97223 2S102CC-00700 2S103DD-00401 HORTON DENNIS M&ELISABETH A OWENS JOHN W&DEBORAH A 19220 VIEW DR 13525 SW WATKINS WEST LINN,OR 97068 TIGARD,OR 97223 2S102CC-01200 2S103DA-D6100 INTERNATIONAL CHURCH OF THE FOUR PAPEN CINDY&DAN 1910 W SUNSET BLVD#200 13450 SW WATKINS ST LOS ANGELES,CA 9D026 TIGARD,OR 97223 2S 103 DA-05000 2S 103 DD-00402 PATINO CARLOS SR&BLANCA SPANIOL MICHAEL R 8�CAROLYN S 10605 SW COOK LN 10605 SW FAIRHAVEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-05603 2S103DD-00435 PHILLIPS RICHARD R& STEVENS WILLIAM A&SARAH E CHRISTINE F 10650 SW FAIRHAVEN ST 10676 SW COOK LN TIGARD,OR 97223 TIGARD,OR 97223 2S102CB-01800 2S103DD-00600 PUBLIC STORAGE TIGARD GRANGE NO. 148 INSTITUTIONAL FUND PO BOX 230252 DEPT PT-OR26410 TIGARD,OR 97281 PO BOX 25025 GLENDALE, CA 91201 2S103DA-04600 2S102CC-01100 PUGSLEY CLAYTON A 8 TIGARD LODGE NO.207 FREEMAN-PUGSLEY CAMIE OF AF 8 AM 10570 SW PARK ST ATTN JOHN HAVERY SECY TIGARD, OR 97223 P O BOX 230184 TIGARD,OR 97281 2S103DD-00300 2S1�3DA-04800 RAMIREZ KEVIN P&LEEANNE M URL JOY B 13570 SW WATKINS AVE 13370 SW WATKINS TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-05800 2S,103DA-04700 RESLER MICHAEL D&BARBARA S URL Y 10620 SW COOK LN 13370 WATKINS TIGARD,OR 97223 T RD,0 97223 2S103DD-00403 2S103DD-00100 SCHMIERER MICHAEL J AND VITIRITTI PIETRO&PASQUALINA BARBARAL TRUSTEES 10645 SW FAIRHAVEN ST 14115 SW 157TH , TIGARD,OR 97223 TIGARD,OR 97224 2S 103 D D-00436 2 S 102 C B-01804 SELLERS MONTE L 8�KAREN L WEBER COASTAL BELLS LIMITED 10600 SW FAIRHAVEN ST WEBER EDUARD PORTLAND, OR 97223 840 CONGER ST EUGENE,OR 97402 2S103DA-05700 2S103DD-00500 SHOLES LANCE M&KRISTIN A WILSON'S TIGARD RETAIL CENTER IN 10634 SW COOK LN BY ORIX CAPITAL MARKETS LLC TIGARD, OR 97223 ESCROW ADMIN 1717 MAIN ST 8TH FL DALLAS,TX 752D1 2 S 103 DA-06200 2 103DD-OD400 SNELL LARRY D& WIL ON'S TIG D RETAIL CENTER IN DOYLE-SNELL MAUREEN M BY O C ITAL MARKETS LLC 2218 E EVERGREEN ST ESCRO DMIN MESA,AZ 85213 1717 AIN T 8TH FL LLAS,TX 201 2S103D D-00434 ZANDONATTI ALLEN F 10680 SW FAIRHAVEN WAY TIGARD,OR 97223 Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121 st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114'h Place Tigard, OR 97223 CPO 4B 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 f1C TIGARII _ fGWTRAI IIJTFRGCTFII PARTIGC /�•����r.,i..���+��..�i-,tioi��rrr r,,.,+r�i a��� i ionnTCn• �� nn�„_n� Oo/28��007 08:03 IFAI vlmk�vlmk � �ennifer C�0o1/001 CITY OF TIGAI�;D COMML'NITY DEVELOPMENT I�EP�RTMENT PI�NNING DIVISION � 13125 SW HAT T BpUI,EVARD � TTGARD, OREGON 97223 PHO?vE: 503-G39-4171 F�1X: 503-G24-3G81 (r1ttn: I'atty/Plannin� EM�iIL: �a � _ , , � REQLIEST FOR 5QO-FQOT PR�PERT�' OWNER MAILING LIST Propert� owner informatefln is valid for 3 months from the date of your xequest INDICATE ALL PROJECT i�1P&TAX LOT NUMBERS (i.e. 1;�134AB,Tax Lot 00100) OR THE �DDRE��F�FpR AI,L PROJECI'PARCELS BE OW: I ��5�p � �Svv P�� � c; �v� Z.S i O 2GG•C.YJCvGG P B AWA T NLY 5 I�I. BE PROVIDED AT THIS TIME FOR OL ING YOUR NEIGHBORHOOiI� T After sr bmitting your land use application to the City, and the project planner has reviewed your application for compl�:teness, you will be notiEted by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU�CAVE BE N NOTIFIED BY PLANNING TO OBTAIN Y UR LABELS, PLEASE�TDICATE BELOW T� T YO NEED 2 ETS OF LA.BEL . �Completeness Letter Received Indicating 2 Sets of Envelopes w/Address Labels Required The 2 final sets of labels need to be placed on envelopes (uo 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 City for the purpose of providing norice to property owners of the proposed land use application and the decision. The 2 sets of envelopes ��st be kept separate. The person listed below cvill be called to pick up and pay for the labels when they are ready. :�1.�ME OF CONTACT PERSON: �S J �'�' ���'�'� NAME OP CO�fPANY:�I_�V�/� ' F'�ONE: 7/f/7i_�C�� F,?�ZAIL: VI ( V�VV1�t' ��-. This request may be emailed, mailed, faxed, or hand delivcred to the ��ity of Tigar . Ylease allow a 2-day minimum for processing requests. Upon compledon oE your request, the contact person listed will be called to pick up their request that will be placed in"Will Call" by the company name (or by the contact person's last name if no company} at the Planning/Engineering Counter at the Pcrnut Center. The cosr of processing your reyuest must be paid at t�ie time of pick ur,as exact cost can not he pre-determined. Pl�_NOTE,- FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PRO VIDED BY THE CITY T�S. RE-TYpED MAILING LABE�;S [�ILL BE ACCEPTED. Co�scn�tion• $11 to gencrate the mailing list,plus j2 per sheet far printing the list onto labels (20 addresses per sheet). Then,multiply the cost to print one set of labels by the number of sets reque::tcd. - EXAMPLE- - COST FOR THIS REQUEST - ��heets of labels z 52/sheet=58.00 x,�,.ets- S1G.00 �shcet(sj of label:x S2/sheet= ' x �ets= �sheets of labels x 52/sheet{or interested parties x�sets= 5 4.00 �shcet(s)of label:x 82/shcet for interestcd artie,— � /`��i -- �FNFRA iST - S�1 f10 p �xy"""'= � TO"I'AL = 531.00 TOTAL �� . 2S102CC-00600 DDHK VENTURES LLC 12604 SW 60TH CT PORTLAND,OR 97219 � /D 4� G�vr��� � ��� 1� 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: ;c}.x k.lFprcp`ime E3ox(s)Bebw�i ❑X NOTTCE OF PENDING LAND USE DEQSION FOR DDHK VENTLJRES/FAST LANE OIL PARTTTTON—�',1.�aC�'�C�C'-��'� ❑ AMENDED NOTIC� (F�e NoJl�ame Reference) � Cityof Tigard Planning Duector A copyof the said notice being hereto attached,marked E�chibit"A",and by reference made a part hereof,was mailed to each nained person(s) at the address(s) shown on the attached list(s),marked E�ibit"S",and byreference made a part hereof,on Julv 10.2007, and deposited in the United States Mail on July 10,2007,postage prepaid. �f�L�C� � " � �;�. (I'ers t Pre d Notice) �' STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affinned before me on the � y dayof � ,2007. OFFICIAL SEAL � -.-.,. . KRISTIE J PEERMAN NOTARY PUBUC-0REGON / , n F �'?' COMMISSION NO.419242 itJ MY COMMISSION EXPIREB JULY 2a,2011 / NO Y PUBLIC OREGON My Corrunission Expires: �,2.f3 �// � � EXH f B IT� NOtTIC�TOMORTGAC�E,LIENHOLDER,VENDORORSELLER THE TIGARD DEVELOPMENT OC�DE KEQLJIRES 1�T IF YOU RECEIVE TfIIS NOTIC�, IT SHALI_ BE PROMPTLY FORWARDED TO THE PURC�-IASER NOTICE OF PENDING ,, LAND USE APPLICATION : MINOR LAND PARTITION . , , DATE OF NOTICE: July 10, 2007 FILE NUMBER MINOR LAND PARTITION (MLP) 2007-00004 FILE NAME: DDHK VENTURES/FAST LANE OIL PARTITION REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing.60-acre lot into two (2)parcels. Proposed parcel 1 is 13,170 square feet and parcel 2 is 11,586 square feet. Parcel 1 has an e�sting vehicle service business. Parcel2 is vacant. LOC.ATION: 13545 SW Pacific H'ighway;Washington CountyTax Map 2S102CC,Tax Lot 600. ZONE: GG: General Commercial District._The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforniing, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, muu-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are pernutted conditionally. APPLICABLE RE VIE W CRITERIA Community Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.745, 18,765, 18.780, 18.790, 18.795 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, y�u are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON JULY 24, 2007. All comments should be directed to Chex,yl Caines,Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or by e-mail to c he rylc(cr�tigaid-or.�ov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS THE QTY OF TTGARD APPREQATES RECEIVING COMNIENTS AND VALUES YOUR INPUT. COMI��NTS WILL BE CONSIDERED AND ADDRESSED WI`I�-IIN T'HE NO7TCE OF DEQSION. A DEQSION ON TF--IIS ISSUE IS TENTATTVELY SQ IEDULED FOR AUGUST 22,2007. IF YOU PROVIDE CONA�NTS,YOU WILL BE SENT A COPY OF THE FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN COMIVIENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN T'HE 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 RELEVANT APPROVAL CRITERIA WITH SUFFIQENT SPEQFIQTY MAY PRECLUDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR QRCCJIT COURT ON THAT ISSUE. SPEQFIC FINDINGS DIRECTED AT T'HE RELEVANT APPROVAL CRIT'ERIA ARE WHAT CONSTTTLJT'E RELEVANf EVIDENCE. AFTER Tf-�E 14-DAY COMNIENf PERIOD Q,OSES, 'IFIE DIRECTOR SHALL ISSLJE A TrPE II ADMIIVISTRATIVE DEQSION. T� DIRECTOR'S DEQSION SHALL BE MAILED TO'IHE APPLICANf AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF Tf-� SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMNIENTS OR WHO IS OTT-�ERWISE ENTITLED TO NOTIC�. T�IE DIRECTOR'S DEQSION SHALL ADDRESS ALL OF TI-�E RELEVANT APPROVAL QtITERIA. BASED UPON Tf3E C�tITERIA AND T'HE FACTS CONTAINED WITHIN THE RECORD,THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY TI-IE REQUESTED PERMIT OR ACITON. SLJMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written conunent period. • The application is reviewed byCityStaff and affected agencies. • City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent 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 Cary of Tigard Community Development Department. If you want to inspect the file,please call and make an appointment with either the project plaruzer or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." _ -- -- �—1 . ,;,\ �'i� i N�I � -____-- ' ,ILP=����_����,���y p _. DbH6_l'EN�CI�I._E_: PA� ST � F.icT L.ii IE C�IL r.��nn��� W R/ > n C N / Gy� � /QP Q LEGEND: i �' ���� � � SUBJECT � ���. � � SfI'E = i i FwrtNnvva '� / I i' ❑ i � . i � i 3P {"i., � ' I IRMAVEN � .''t� � --��L 5 \ ... N �nHCE ^ xa� � � n�N � -.. /�j qade•JW10;7067.G1m+a�WAWC03n. � � EXH I B IT..�$ DDHK Ventures,L.L.C. MLP2007-00004 Attn: Michae�Denton DDHK VENTURES/FAST LANE OIL 12604 SW 60 Cx. Portland, OR 97219 PARTITION VLMK Consulting Engineers Attn: Jennifer Kimura 3933 SW Kelly Ave. Portland, OR 97239 2S102C C-00500 2S102CC-01000 13500 PACIFIC CORP KUBIN CARON BY CAPOZZOLI ADVISORY FOR BY NORRIS 8 STEVENS PENSIONS INC 621 SW MORRISON 5T#800 21500 HAGGERTY ROAD SUITE 100 PORTLAND,OR 97205 NORTHVILLE,MI 48167 2S102CB-01802 2S103DD-00437 BAR-AM LLC LOUCKS HARLOW C&COLLEEN BY GODFATHER'S PIZZA 13605 SW WATKINS AVE 1905 NW 169TH PL#201 TIGARD,OR 97223 BEAVERTON,OR 97006 2S103DA-05900 2S103DA-05100 BISHOP WILBUR A AND MARTHA E MAWHIRTER IRENE TRUST PO BOX 23832 13960 SW 100TH AVE TIGARD,OR 97281 TIGARD,OR 97223 2S103DD-00433 2S103DA-D47D2 CALDERON TOMAS D MOAR PATRICIA C TRUSTEE 10710 SW FAIRHAVEN WAY 4114 SW FLOWER ST TIGARD,OR 97223 PORTLAND,OR 97221 2S103DD-00200 2 103DA-04701 CEARLEY DARRELL A& M PAT IA C TRUSTEE ANGELA M 4114 FLOWER ST 13530 SW WATKINS AVE P TLA OR 97221 TIGARD,OR 97223 2S102CC-00600 2S103DA-D4900 DDHK VENTURES LLC MURFINSIMMONS MATT'HEW T& 12604 SW 60TH CT MICAHLE PORTLAND, OR 97219 13365 SW WATKINS TIGARD,OR 97223 2S103DD-00700 2S103DA-05602 GILBERTSON LLOYD NGUYEN TUYET-MAI THI 8� DARLENE J TRAN VAN BINH 15980 SW COLONY PLACE 13434 SW 107TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-06000 2S103DA-05600 HOLCOMBE GERALD A& O'DEA PATRICIA J BELINDA M 13472 SW 107TH AVE 13485 SW WATKINS ST TIGARD,OR 97223 TIGARD,OR 97223 � 2S102CC-00700 2S103DD-00401 HORTON DENNIS M 8�ELISABETH A OWENS JOHN W&DEBORAH A 19220 VIEW DR 13525 SW WATKINS WEST LINN,OR 97068 TIGARD,OR 97223 2S 102CC-01200 2S 103DA-06100 INTERNATIONAL CHURCH OF THE FOUR PAPEN CINDY 8 DAN 191�W SUNSET BLVD#200 13450 SW WATKINS ST LOS ANGELES,CA 90026 TIGARD,OR 97223 2S103DA-O5000 2S103DD-00402 PATINO CARLOS SR&BLANCA SPANIOL MICHAEL R&CAROLYN S 10605 5W COOK LN 10605 SW FAIRHAVEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-05603 2S103DD-00435 PHILLIPS RICHARD R& STEVENS WILLIAM A&SARAH E CHRISTINE F 10650 SW FAIRHAVEN ST 10676 SW COOK LN TIGARD,OR 97223 TIGARD,OR 97223 2S102C6-01800 2S103DD-00600 PUBLIC STORAGE TIGARD GRANGE NO. 148 INSTITUTIONAL FUND PO BOX 230252 DEPT PT-OR26410 TIGARD,OR 97281 PO BOX 25025 GLENDALE,CA 91201 2S103DA-04600 2S102CC-01100 PUGSLEY CLAYTON A& TIGARD LODGE NO.207 FREEMAN-PUGSLEY CAMIE OF AF 8�AM 10570 SW PARK ST ATTN JOHN HAVERY SECY TIGARD,OR 97223 P O BOX 230184 TIGARD,OR 97281 2S103DD-00300 2S103DA-04800 RAMIREZ KEVIN P&LEEANNE M URL JOY B 13570 SW WATKINS AVE 13370 SW WATKINS TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-05800 2S 03DA-04700 RESLER MICHAEL D 8�BARBARA S URL Y 1062Q SW COOK LN 13370 WATKINS TIGARD,OR 97223 T RD,O 97223 2S103DD-00403 2S103DD-D010� SCHMIERER MICHAEL J AND VITIRITTI PIETRO&PASQUALINA BARBARAL TRUSTEES 10645 SW FAIRHAVEN ST 14115 SW 157TH , TIGARD,OR 97223 TIGARD,OR 97224 2S103DD-00436 2S1 D2C8-01804 SELLERS MONTE L&KAREN L WEBER COASTAL BELLS LIMITED 10600 SW FAIRHAVEN ST WEBER EDUARD PORTLAND,OR 97223 840 CONGER ST EUGENE,OR 97402 2S103DA-05700 2S103DD-00500 SHOLES LANCE M&KRISTIN A WILSON'S TIGARD RETAIL CENTER IN 10634 SW COOK LN BY ORIX CAPITAL MARKETS LLC TIGARD,OR 97223 ESCROW ADMIN 1717 MAIN ST 8TH FL DALLAS,TX 75201 2S103DA-06200 2 103DD-00400 SNELL LARRY D 8� WIL ON'S TIG D RETAIL CENTER IN DOYLE-SNELL MAUREEN M BY O C ITAL MARKETS LLC 2218 E EVERGREEN ST ESCRO DMIN MESA,AZ 85213 1717 AIN T 8TH FL LLAS,TX 201 2S103DD-04434 ZANDONATTI ALLEN F 10680 SW FAIRHAVEN WAY TIGARD, OR 97223 Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121 st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 �ITV AC TIGARII _ fGAITRAI IIJTGRGCTLf1 DARTIGC f�•�..��r.,i„��e+,�.,�i�tioi��rir ro.,+��i a.,..� I IDIIATCII• 17_�Ao��_!1F �� AFFIDAVIT OF MAILING - � I, Patricia L. Lunsford bein first duly sworn/affir�n, on oath depose and say that I am a Planning Administrative Assistant for the City of zI'iga�,Washington County,Oregon and that I seroed the following: ;�hrk.�rc}xvre&n{s)&ba�l ❑X NOTTCE OF DEQSION FOR MLP2007-00004/DDHK VENI'LJRES PARTTTION (File Nu./Name Refemncc) � AMENDEDNOTIC� � City of T'igard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and byreference made a part hereof,on August 23,2007, and deposited in the United States Mail on August 23,2007,postage prepaid. �. � � (Pe�on repared Notice) STATE OF ORE GON County of Washington ss. City of Tigard Subscribed and sworn/affumed before me on the � � dayof � � � ,2007. j OFFICIAL SEAL KRISTIE J PEERMAN NOTARY PUBIIC-ORECaON _ , Y�'r CaMMISSION N0.419242 � � { MY COMMISSIOP7 EXPIRES JUIY 28,2D11 NO ARY PUBLIC OF OREGON MyComrnissionExpires: `� 2 �/ � EXHIBIT� NOTICE OF TYPE II DECISION �, MINOR LAND PARTITION (MLP) 2007-00004 : DDHK VENTURES PARTITION 120 DAYS = 10/27/2007 SECTION I. APPLICATION SLJMMARY FILE NAME: DDHK VENTURES PARTITION CASE NO: Minor Land Pattition(MLP) MLP2007-00004 PROPOSAL: The applicant is requesting Minor Land Partition approval to partition one (1) existin�g .60-acre lot mto two (2) parcels. Proposed parcel 1 is 13,170 sc�uare feet and parcel 2 �s 11,586 square feet. Parcel 1 has an e�stulg "Fast Lane Quicklube vehicle service business. Parcel2 �s vacant. APPLICANT/ DDHK Ventures,L.L.C. APPLICANT'S VLMK Consulting Engineers OWNER Attn: Michael Denton REP.: Attn: Jeruzifer Kimura 12604 SW 60`�Cx. 3933 SW Kelly�Ave. Portland, OR 97219 Portland, OR 97239-4393 COMPREHENSIVE PLAN DESIGNATION: GG: General Commercial ZONE: GG: General Commercial District._The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-confornvng, residential uses are lirruted to single-farrvly residences which are located on the same site as a permitted.use. A wide range of uses, includuig but not limited to adult entertainment, automotive equipment repair and storage miru-warehouses, utilities heliports, medical centers, major event entertauunent, and gaso�ne stations, are permittec� conditionally. LOCATION: 13545 SW Pacific H'ighway;Washington CountyTax Map 2S102CC,Tax Lot 600. PROPOSED PARCEL 1: 13,170 Square Feet. PROPOSED PARCEL 2: 11,586 Square Feet. APPLICABLE RE VIE W CRITE RIA: Community Develo ment Code Chapters 18.390 (Decision-Making Procedures); 18.420 (T.and Partitions); 18.520 �Corrunercial Zorung Distncts); 18.705 (Access Egress and Carculation ; 18.745 (I,andscaping and Screenin ; 18.765 (Off-Street parkuig and Loading Requirements3; 18.790 (Tree Removal); 18.795 ��sual Clearance Areas); and 18.810 (Street and L1c�ry Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS rR�IVI"THE �FF�i;TIVE DA�'E UF 'i�II� DEC;ISION. 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 (25C) per page,or the current rate charged for copies at the ume 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 AUGUST 23, 2007 AND BECOMES EFFECTIVE ON SEPTEMBER 8, 2007 LJNLESS AN APPEAL IS FILED. —Ao�eal-: The D�irector's Decision is final on the date that it is mailed. All persons entitled to notice or who are othenvise 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 anthin ten (�10) busuzess days of the date the Notice of Dec�sion was ma�led. The appeal fee schedule and forn�s are available from the I'laruiing 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 wntten comments subrrutted by the parties during the comment period. Additional evidence concerning�ssues properly raised in the Notice of Appeal may be subrtutted by any parry dunng the appeal hearing, subject to any additional rules of procedure that may be adopted from time to tune by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 7, 2007. Fo�estions: r infom�ation�please contact the Planning Division Staff Planner, Che Gaines at (503) 639-4171, T'igard City Hall, 13125 SW HaII Boulevard,Tigard, Oregon 97223 or by email to chery c ti�ard-or.gov. I.— , _-. – _ , i � �-J �', .. . . � ... r — ' vi�:�nriTS���tn►� I / � � \[LP'����-_��������� DDFIF�CENTURE� PAW< y� � F_�.��C L_�NE�:�IL Y F.�R�ITTTC�N / C w \ IRA q � CAOK LN G��' � � QP ^ LEGEND: F z \ SUBjECT � �� � SITE � FNRHAVEN ° / 1�� -�� , , ° �f ; ; � aQ � �. AVEN J�"� � Ij . � 5~ —�^f� N G+1RDE .._ ._ ••� HILL VI �i�l ��T1 � ... .a IfXlMiniN �9men[ IX tl&e Jld 1 r••Ima9���A I q r��'o Ylnale �r� Al e M�f A ��r� -_ N 89'S0'SB'E 71Y.�0•' -- -_ N Ga3o'Se [ 6a..1J' I 1]'wK SIONY Y�R/T �� FASEUCMi PFJt pOC. ' � eo-wso)� �� PARCEL 1 / N 8930'S6'E ne.e�' � \ 14,583 SC�. FT. 10.0' 10'AGCE55 EASEMENT / � � y'� \ \ t'24� (� ri �PEN�DOL.GI-EO]IM02 /\ ,vF //^ �Q�Cf' ���J �� I PARCEL 2 / � ��' ti� �" / r$ 11,586 SQ. FT. �� � \ v �6'0� � � � � , � / :,d.,= �,,�� �r�-,;�,' � �`•' / /� ti�~�� � � / �� / �� 4��. �um w. � I / Ccb� �• •wwn � -��ar� fll�Palh: D: DWGO6 fll�Nama:6110�.DMG I � Pbt Dol�: f2-OB-2006 - Pbl Tim�: 10:72 ; I PROPOSED PARTITION PLAT / Mp � LOCATEO IN 7HE SW 1/4 OF THE SW �" 1/4 OF SECTION 2, T25, RiW, W.M., / i I CITY OF TIGARD, WASHINGTON COUNTY, ORECON. �..�;� � �\rraru�w��s�aa,� PLAT ,-_ .o u� I �,uvn suevaro I 1705 fSE STRC67; LAKd 0.SIIEG, OR 87094 PHONS(503f 6�7-B9BD, 8 -BCBO FAX � 0 s0 80 120 .� ZS,oz��_oo50o zs,oz��_a,000 EXH i B IT 13500 PACIFIC CORP KUBIN CARON BY CAPOZZOLI ADVISORY FOR BY NORRIS&STEVENS PENSIONS INC 621 SW MORRISON ST#800 21500 HAGGERTY ROAD SUITE 100 PORTLAND,OR 97205 NORTHVILLE,MI 48167 2S1a2C8-01802 2S103DD-00437 BAR-AM LLC LOUCKS HARLOW C&COLLEEN BY GODFATHER'S PIZZA 13605 SW WATKINS AVE 1905 NW 169TH PL#201 TIGARD,OR 97223 BEAVERTON,OR 97006 25103�A-05900 2S103DA-05100 BISHOP WILBUR A AND MARTHA E MAWHIRTER IRENE TRUST PO BOX 23832 13960 SW 100TH AVE TIGARD,OR 97281 TIGARD,OR 97223 25103DD-00433 2S103DA-04702 CALDERON TOMAS D MOAR PATRICIA C TRUSTEE 10710 SW FAIRHAVEN WAY 4114 SW FLOWER ST TIGARD,OR 97223 PORTLAND,OR 97221 2S103DD-00200 2 103DA-04701 CEARLEY DARRELL A& M PAT IA C TRUSTEE ANGELA M 4114 FLOWER ST 13530 SW WATKINS AVE P TLA OR 97221 TIGARD,OR 97223 2S102CC-00600 2S103DA-04900 D�HK VENTURES LLC MURFINSIMMONS MATTHEW T& 12604 SW 60TH CT MICAHLE PORTLAND, OR 97219 13365 SW WATKINS TIGARD,OR 97223 2 S 103 DD-00700 2S103DA-05602 GILBERTSON LLOYD NGUYEN TUYET-MAI THI& DARLENE J TRAN VAN BINH 15980 SW COLONY PLACE 13434 SW 107TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-06000 2S103DA-05600 HOLCOMBE GERALD A& O'DEA PATRICIA J BELINDA M 13472 SW 107TH AVE 13485 SW WATKINS ST TIGARD,OR 97223 TIGARD,OR 97223 • 2S102CC-00700 2S1 D3DD-00401 HORTON DENNIS M&ELISABETH A OWENS JOHN W&DEBORAH A 19220 VIEW DR 13525 5W WATKINS WEST LINN,OR 97068 TIGARD,OR 97223 2s�o2cc-o�2o0 2S103�A-06100 INTERNATIONAL CHURCH OF THE FOUR PAPEN CINDY 8 DAN 1910 W SUNSET BLVD#200 13450 SW WATKINS 5T LOS ANGELES,CA 90026 TIGARD,OR 97223 Y � 2S103DA-05000 2S103DD-00402 PATINO CARLOS SR&BLANCA SPANIOL MICHAEL R&CAROLYN S 10605 SW COOK LN 10605 SW FAIRHAVEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S1D3DA-05603 2S103DD-00435 PHILLIPS RICHARD R 8� STEVENS WILLIAM A&SARAH E CHRISTINE F 10650 SW FAIRHAVEN ST 10676 SW COOK LN TIGARD,OR 97223 TIGARD,OR 97223 2S702C8-01800 2S103D0.00600 PUBLIC STORAGE TIGARD GRANGE NO. 148 INSTITUTIONAL FUND PO BOX 230252 DEPT PT-OR26410 TIGARD,OR 97281 PO BOX 25025 GLENDALE,CA 91201 2 S 103 DA-04600 2S t 02CC-011 DO PUGSLEY CLAYTON A 8� TIGARD LODGE NO.207 FREEMAN-PUGSLEY CAMIE OF AF 8 AM 10570 SW PARK ST ATTN JOHN HAVERY SECY TIGARD,OR 97223 P O BOX 230184 TIGARD,OR 97281 2S 103 D D-00300 2S103DA-04800 RAMIREZ KEVIN P&LEEANNE M URL JOY B 13570 SW WATKINS AVE 13370 SW WATKINS TIGARD, OR 97223 TIGARD,OR 97223 2S103DA-O5800 2S 03DA-04700 RESLER MICHAEL D&BARBARA S URL Y 10620 SW COOK LN 13370 WATKINS TIGARD,OR 97223 T RD,0 97223 2S 103 D D-00403 2S103D D-00100 SCHMIERER MICHAEL J AND VITIRITTI PIETRO&PASQUALINA BARBARAL TRUSTEES 10645 SW FAIRHAVEN ST 14115 SW 157TH , TIGARD,OR 97223 TIGARD,OR 97224 2S 103DD-00436 2S102C6-01804 SELLERS MONTE L 8�KAREN L WEBER COASTAL BELLS LIMITED 10600 SW FAIRHAVEN ST WEBER EDUARD PORTLAND, OR 97223 840 CONGER ST EUGENE,OR 97402 2S103DA-05700 2S103DD-00500 SHOLES LANCE M&KRISTIN A WILSON'S TIGARD RETAIL CENTER IN 10634 SW COOK LN BY ORIX CAPITAL MARKETS LLC TIGARD,OR 97223 ESCROW ADMIN 1717 MAIN ST 8TH FL DALLAS,TX 75201 2S 103 DA-06200 2 103 DD-00400 SNELL LARRY D& WIL ON'S TIG D RETAIL CENTER IN DOYLE-SNELL MAUREEN M BY O C ITAL MARKETS LLC 2218 E EVERGREEN ST ESCRO DMIN MESA,AZ 85213 1717 AIN T 8TH FL LLAS,TX 201 2sios��-aaasa ZANDONATTI ALLEN F 10680 SW FAIRHAVEN WAY TIGARD,OR 97223 �r ^ Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139�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� Place Tigard, OR 97223 CPO 4B 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 136th Place Tigard, OR 97224 !'ITV �1C TIGARII _ fGNTRAI IWTGR[tT[� DARTICf /�•�..���..i..��o+��.,�i�tioi���ir ro.,+.�i a....� i ionnr�n• ��_nn",_nF . . �� AFFIDAVIT OF MAILIN G - I, Patricia L. Lunsford being� first duly sworn/affirm, on oath depose and say that I am a Planning Adininistrative Assistant for the City of;I'igarcl,Washington County,Oregon and that I served the following: ;r L..k:y,pnpriare Bos(s)&4�w�} 0 NOTTC� OF DEQSION FOR MLI'2007-00004/DDHK VENTURES PARTTTTON (Filc[Vu./Naiir Refcrence) � AMENDEDNOTIC� � Caty of Tigard Placuiing Director A copy of the said nouce 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 Exhibit"B",and by reference made a part hereof,on August 23,2007, and deposited in the United States Mail on August 23,2007,postage prepaid. ��,` _ �� (Person that ared Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the �y� dayof ���$-'�'�J`-� ,2007. OFFICIAL SEAL KRISTIE J PEERMAN NOTARY PUBLIC-0REQON ^��' "��� COMMiSSION NO.419242 / _ -'LSC�t—�-.-`�� MY COMMISSION EXPIRES JULY 28,2011 NOTARY PUB OF OREGON My Conunission Expires: 7�z-S �!/ EXHIBIT.� NOTICE OF TYPE II DECISION �, MIN�R LAND PARTITION (MLP) 2007-00004 : DDHK VENTURES PARTITI�N 120 DAYS = 10/27/2007 SECTION I. APPLICATION SLJMMARY FILE NAME: DDHKVENTURES PARTITION CASE NO: Minor Land Partition(MLP) MLP2007-00004 PROPOSAL: The a licant is re uestin Minor Land Partition approval to partition one 1 e�sting 60-acre lot intPoptwo (2)par�cels. �roposed parcel 1 is 13,170 sc�uare teet and parcel is 11,586 square feet. Parce l 1 has an e�sting "Fast L a ne Quic k lu be' ve h ic le service busuless. Parce l 2 is vacant. APPLICANT/ DDHK Ventures,L.L.G APPLIC.ANT'S VLMK Consulting Engineers OWNER Attn: Michael Denton REP.: Attn: Jermi.fer Kimura 12604 SW 60`�Cx. 3933 SW Kelly Ave. Portland,OR 97219 Portland,OR 97239-4393 COMPRE HE NSI VE PLAN DESIGNATION: GG: General Commercial ZONE: GG: General Commercial District._The GG zoning district is designed to accommodate a full range of retail,office and civic uses with a Cat�wide and even regional trade area.Except where non-conforn�ing,residential uses are limited to sin le-family residences which are located on the same site as a pernzitted use. A wide range o� uses, ulcluduig but not limited to adult entertainment, automouve equipment repair and storage, mini-warehouses, utilitiesi heliports, medical centers,major event entertauzment,and gasoline stations, are pernutted condrtiona�lly. LOCATION: 13545 SW Pacific I Tighw�ay;Washington CountyTax Map 2S102CC,Tax Lot 600. PROPOSED PARCEL 1: 13,170 Square Feet. PROPOSED PARCEL 2: 11,586 Square Feet. APPLICABLE RE VIE W CRITERIA: CommunityDevelo ment Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.520 �Commercial Zorung Districts); 18.705 (Access Egress and Circulation ; 18J45 (Landscaping and Screenin ; 18.765 (Off-Street parkuig and Loading Requirements3; 18.790 (Tree Removal); 18.795 ��sual Clearance Areas); and 18.810 (Street and LTcil�ry Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Direccor's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTIC�OF DEQSION MLI'2007-00004/DDHK VENTCJRES PARTITION PAGE 1 OF 14 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: e app icant s �prepare a cover etter an su mit rt, a on wi any suppomng ocuments an or ns that address the folIowing requirements to the PLANNIN�DIVISION, ATTN CHERYL CAINE�503- 639-4171, EXT 2437. The cover letter shall cleady identify where in the submittal the required information is found: 1. The applicant shall record a reciprocal access agreement between Parcels 1 and 2. Documentation of the recorded easement must be given to Caty of Tigard Planning Division. 2. Prior to final plat approval,the applicant shall submit a revised site plan for review and approval that reflects the actual lot area of Parcel2 based on the defuution in TDC 18.120. 3. Prior to final plat, the applicant shall submit a revised plat for review and approval that shows the visual clearance area for the access to Parcels 1 and 2 accurately,ui accordance with TC�C Section 18.795.040. The applicant shall prepare a cover letter and submit it, along with any supporti�ng documents and/or plans that address the following requirements to the ENGINEERING DIVISION,ATTN: HIM MQVIILLAN 503- 639-4171, EXT 2642. The cover letter shall cleady identify where in the submittal the required information is found: 4. Prior to final plat approval,the applicant shall paythe addressing fee. (STAFF CONTACT: BethanyStewart, Engineering�. 5. The applicant shall provide si nage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by t�e given dnveway or street. 6. The applicant shall execute a Restrictive Covenant whereby they agree to comp lete or participate in the future improvements of SW I�ighway 99 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 fom�ation of a I.ocal 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 Caty or other public agency, G 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 e�enses by the third party owner(s) of property in addition to the subject properry,or D. when constnzction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 7. A joint use and maultenance agreement shall be executed and recorded on Ciry standard fomlc for all common dnveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved bythe Engineering Department prior to record�ng. 8. Final design plans and calculations for the private detention facility shall be submitted to the Engineering Department (Kim McMillan). 9. The applicant's final plat shall contain State Plane Coorciinates on two monuments with a tie to the Cit�s global posiuorung 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 prec�sion as required for the subdivision plat boundary. Along with the coordinates, the plat shall contaul 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 Cit}�s GPS survey. . By random traverse using conventional surveying methods. NOTIC�OF DEQSION MLI'2007-00004/DDHK VENIURES PARTITTON PAGE 2 OF 14 10. Final Plat Application Submission Requirements: A. Submit for City review four (4) pap er copies of the final plat prepared by a land surveyor licensed to pracuce in�regon and necessarydata or narrative. S. Attach a check u�t�e amount of the current final plat review fee (Contact Plaruiing/Engineering Pernzit Technicians,at (503) 639-4171,ext.2421). C. The final plat and data or narrative shall be drawn to the i�ununum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. D. The tract dedicauon for the pnvate street 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 Engineenng Department uidicating that the City has reviewed the fu1a1 plat and submitted comments to the a�ppIicant's surveyor. F. After the City and Coun have reviewed the final plat, submit two mylar copies of the final lat for City Engineer s' nature�for pa.rcitions), or City Engineer and Commuruty Development �irector signatures (for su�divisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANC� OF BLJILDING PERMITS: e app icant s prepare a cover etter an su mit it, a ong wi any suppom�ng ocuments an orp ans that address the following requirements to the ENGINEERING DIVISION,ATTN: HIM MCMILLAN 503- 639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 11. Prior to issuance of building pernuts, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Infornzation and I�'i.cto The site is curren y deve oped with Fast Lane Oil Chan��ge. Approval of this development was given through a Site Development Review (SD1�2003-00005). A Minor Moditication to re-configure the existuig parking lot was approved in June of 2007 �M1��ID 2007-00012). At the time of this decision,work had not begun on that new parkuzg lot.-I'rior to the oil-change at cility, the.site was developed with a retail building (antique furniture). Two muior modification decisions were found associated with the e�cisting building. The first was to add a four hundred eighty(480� square foot addition to the existin buil� (MIVII�1999-00018) and the second was to add an additional ten (10) parkuig stalls to the parking area (�96-000 3). No other land-use cases were found. The site was or�� inally comprised of three parcels (WGTM 1S102CC, tax lots 600 701, and 702). The three parcels were consolidated into one parcel (t�lot 600) prior to construction of Fast Lane. �I'he current parcel is 26,167 square feet (.60 acres). Vicini Information The su �ect site is located on the north side of SW Pacific I�ighway between SW Park and Watkins Streets. Propeny to the nort� is zoned GG (General Commercial) and is developed with commercial uses. Property to the west is zoned R 3.5 (Low Density Residential) and is currently developed with single-f amily homes. Pro osal Descri tion: e app �cant is requesting Minor Land Partition approval to partition this .60 acre site into two parcels. Parcel 1 will be 13,170 square feet. Parcel2 will be 11,586 square feet. The Fast Lane Oil Change will be on Parcel 1 and Parcel 2 will be vacant. NOTIC�'.OF DEQSION MI.P2007-00004/DDHK VENNRES PARTITION PAGE 3 OF 14 SECTION IV. PUBLIC COMMENTS The Tigard CommunityDevelopment Code re uires that propertyowners within 500 feet of the subject site be notified of the proposal, and be given an oppomuuty�or wntten comments and/or oral testimony pnor to a dec�sion being made. In addition,staff has posted a notice on the site,visible from both streets. Staff received no comments or letters from adjacent propertyowners. SECT'ION V. APPLICABLE REVIEW CRITERIAAND FINDINGS Land Partitions (18.420� The proposed paitition complies with all statutoiy and ordinance requirements and regulations; The proposed partition complies or can be made to comp l�y with all statutory and ordinance requirements and regulauons as demonstrated by the analysis conta.ined within this adrnuvstrative dec�sion and through the imposition of conditions of development approval. All necessary conditions must be satisfied as part of the development and building process. Therefore,tivs critenon�s met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, Staff finds that adequate pubhc facilities are available to serve the proposal since no new development�s proposed at this time. Therefore,this cntenon�s met. All proposed improvements meet City and applicable agency standards;and The public facilities are discussed and condiuoned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). No improvements are required with this proposal. Scaff finds that this critenon is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district The minimum lot width required for the GG zoning district is 50 feet. Both parcels are irregular shaped. Parcell has an average parcel width of 70 feet,while Parcel2 has an average width of 133 teet. This information was gathered from the scaled site plan because the applicant did not give specific dimensions within the narrative. This standard has been met. The lot area shall be as required by the applicable zoning district In the case of a flag lot,the accessway may not be included in the lot area. There is no m�n�r„um lot area requirement in the GG zoning district. The proposed panition creates two (2) lots that are 13,170 and 11,586 square feet respectively. This criterion has been met. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorcied minimum 15-toot wide access easement Parcel 1 has 122 feet of street frontage along Pacific Highway. Parcel two has no street frontage, but is accessed by a 45-foot easement across t�lot 700. Setbacks shall be as required by the applicable zoning distric� Setbacks for the GG zone are typically zero unless the site is adjacent to or near a residential zoning district. The setbacks for Parcel 1 were approved through the SDR2003-00005. The locauon of the�proposed�propertyline will only increase the rear yard setback Setbacks for future development on Parcel 2 will be veritied through the Site Development Review process. NOTIC�OF DEQSION MLI'2007-00004/DDHI{VENNRES PARTITION PAGE 4 OF 14 When the partitioned lot is a flag lot,the developer may deternune the location of the front yard,provided that no side ya�l is less than 10 fee� Structures shall generally be located so as to ma�umize separat�on from existing structures. Parcel 1 has frontage along Pacific Highway,but Parcel2 is a flag lot. No structures are proposed at this time,therefore this criterion is not applicable. Front yard determination will occur at the time of Site Development Review. A screen shall be provided along the property line of a lot of recond where the paved drive in an accessway is located within ten feet of an abutting lot m accorciance with Sections 18J45.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development The two adjacent lots also utilize the e�sting access drive. Screening is not necessary in this case. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. Hydrant location and access have not changed since the previous approval SDR2003-00005. Tualatin Valley Fire and Rescue endorse the ro�po�sal and no condinons were made regarding access or firefighting water supplies (see July 26, 2007 comment letter�. This requirement is met. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights sliall be reco�led with the approved partition map. An access easement exists across tax lot 700 to Parcels 1 and 2. A co yof this easement was provided by the a licant. A reconfiguration of the parking lot on Parcel 1 was approved througph Minor Modification (NIIVID2007-OOOl�P Even i f t h i s c hange does not occur,t he par k i ng for Parce l 1 �s accesse d via l'arce l 2. A reciproc a l access easement�s necessary between Parcels 1 and 2. The site plan shows a 10-foot access easement on Parcel2,but the narrative does not address the easement. Tlvs standard can be met conditionally. Any access way shall comply with the standarcis set forth in Chapter 18.705,Access,Egress and Circulation. T�vs standard is addressed under Chapter 18.705 (Access,Egress and Cu-culation) later in this decision. Where landfill and/or develo ment is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration o�the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The partitioned lots are approximately 3,250 feet to the south of the nearest 100-year floodplain. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. The applications for the partition and variance(s)/adjustrnent(s) will be processed concurrendy. No variances or adjustment requests have been proposed. FINDING: The Land Partition standards have not been fully met but can be as conditioned below. CONDITION: The applicant shall record a reciprocal access agreement between Parce]s 1 and 2. Documentauon of the recorded easement must be given to Caty of Tigard P1a�uling Division. NOTICE OF DEQSION MLI'2007-00004/DDHK VEM'UItES PARTITION PAGE 5 OF 14 Residential Zonin Districts (18.510�: Development stan�ards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD GG Parcell Parcel2 Minimum Lot Size -Uetached unit None 13,170 sq.ft. 11,586 sq.fr.[1] -Duplexes -Attached unit Minimum Lot Width 50 ft 70 ft.[2] 133 ft.[2] Malcimwn Lot Covera e 85% 77% Can be met Minimum Setbacks Can be met -Front yacd 0 ft. 24.5 fr. -Side facing st�eet on comer&through lots -- N/A -Side ya►d 0/20 ft,[1] 1 fr.ormore -Rearya� 0/20[1] 175 ft. -Distance between property line and front of garage -- Maximum Hei ht 45 ft 40 ft. Can be met Minimu�n Landsca e Re uirement 15% 23% Can be met [1]Includes a 10-footaccess eascmcnt. [2]Numbeis are averages measured from the site plan. No ininiinum lot size is reguired for the GG zone. The lot area for Parcel 2 includes a 10-foot access easement. No explanation was given ui the narrative for the easement. The easement should not be included based on the defirution of lot area in Tigard Development Code (TDG� 18.120. Setbacks for the building on Parcel 1 were approved through SDR2003-00005. The new proposed property line only affects the rear setback and that setback �s increased. No structure is proposed for Parcel2; the setbacks, building height and coverage requirements will be checked during any future pernut reviews. The applicant notes on the site plan a 15-foot setback along the rear �roperry lines of both parcels. Because the site abuts a residential zoiun�_district (R 3.5)�the rear setback�s actually 0 feet as shown in Table 18.520.2 of the Tigard Development Code. The e�stuig bu ding is over 155 feet from the rear property line. As noted above Parcel2 will be vacant. FINDING: Based on the analysis above, the Commercial Zoning District Standards can be met conditionally. CONDITION: Prior to finalplat approval,the applicant shall submit a revised site plan for review and approval that reflects the actual lot area ot Parcel2 based on the definition in TDC 18.120. Access,Egress and Ci�ulation(18.705� Continuing obli�ation of pro�erty owner. The provisions and maintenance of access and egress stipulated in this tide are cont�nuing reqiurements for the use of any structure or par�el of real property in the City. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize joindy the same access and egress when the combined access and egress of both uses, structures, orp arcels of land satisfies the combined requirements as designated in this tide,provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the �oint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. An existing drive provides access to Parcels 1, 2 and adjacent t� lot 700. The ap licant has provided a copy of the access easement. An additional access easement�s necessary between Parcels 1 and�. No legal documentation for th�s easement was given with the application. A condition o t approval under the Minor Lan d Partition section of this decision addresses the issue. Tlvs standard can be met conditionally. Curb cuts. Cu�cuts shall be in accordance with Section 18.810.030N No curb cuts are proposed with this application. Both parcels will utilize an e�sting access onto Pacific H'ighway. NOTIC�OF DEQSION MLI'2007-00004/DDHK VENI'URES PARTITION PAGE 6 OF 14 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 approved by the City for public use and shall be maintained at the required standards on a cont�nuous basis. All proposed parcels will have access onto Pacific Highway through an access easement across tax lot 700. This standard is met. 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 stackin needs, sight distance and deceleration standar�ds as set by ODOT,Washington County,the City and AASH�O. The applicant's engineer has provided s' ht distance certification for the existing driveway access onto Highway 99. The posted speed �s 35 mph, reqwnng�60 feet of sight distance in both direcuons. The engineer states that sight distance was measured to be greater than 400 feet to the east and west of the access,thereby meeting this critenon. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet The minimum spacin�of drivewa�ys and streets along an artenal shall be 600 feet The minimum spacing of local streets along a local street shall be 125 feet The applicant did not address this section of the code other than pointin out a previous approval that was not attached. Staff had to research the previous land use file for the applicant to�etemzine that the previous land use had ODOT approval for the access. Minimum Access Requirements for Comme�ial and Industrial Use: Section 18.705.030.I provides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with fewer than 100 parking spaces is one 30-foot accesses with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. Each parcel will have access through an existing 45-foot paved access on neighboring tax lot 700. Vehicular access is provided through the oil-change faciliry on Parcel l. No structure�s proposed on Parcel2 at th�s time. One-way vehicular access points: Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific dnveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the e�ut drive shall be situated farthest from oncoming traffic. The e�sting access drive is designed for two-waytraffic. Therefore,this standard does not apply. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: • Cause or increase e�sting hazardous traffic conditions;or • Provide inadequate access foremergencyvehicles• or • Cause hazardous conditions to exist w�uch woulc� constitute a clear and present danger to the public health, safety,and general welfare. To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasibie. The Director shall require access easements between propeities where necessary to provide for parking area connections; To facilitate pedestrian and bic ycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections,as teasible,between neighboring developments or land uses; NOTIC�OF DEQSION MLI'2007-00004/DDHK VENI'URES PARTITION PAGE 7 OF 14 The access to the subject property is pre-e�cisting and is not considered hazardous or constitutes a clear and present danger to the� public health. Standards for access are discussed elsewhere ui this decision (Section VIII. Agency Comments). Therefore,no access restriction�s required. Landscaping and Screening (18.745� Street trees• Section 18.745.040.A.: All development projects frontin� on a pu� blic street, private street or a private driveway more than 100 feet in length approved after the adopt�on of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. Street trees have been provided along Pacific Hi�hway for Parcel 1. These were previously approved through SDR2003-00005. Parcei 2 has no frontage on a pu lic or pnvate street. This critenonhas been met. Buffering and Screenin�: Section 18.745.050 states that no buffer is required between abutting uses that are of a different type when the uses are separated by a stree� Buffering and/or screening are required for dissimilar uses. Buffering is required between the site and the residential units to the west. As required bythe previously approved Site Development review a QVIU wall and 15 feet of landscaping was installed along the western boundary. Buffering on Parcel Z will be reviewed again during anyfutlue Site Development Review. This standard has been met. Off-street Parking and Loadin�Requirements (18.765� This Chapter is apph'cable�or development pro�ects when there is new construction, expansion of existing use, or cFiange of use in accordance with Sechon 18.765.070 Minimum and Ma�cimum Off-Street Parking Requirements. The site plan shows a change to the Fast Lane Oil change parking lot. This modification was approved under a separate review,NIlVID2007-00012,and is not part of the Minor Land Partition. No additional parking spaces are required since no square footage is being added to either parcel. Tree Removal(18.790� Chapter 18.790.030 requires the submittal of a tree plan that identifies the location size and species of all trees on the site a program to save e�usting trees over 1�-inch diameter at breast height (dbh) or mitigate for their removal, ic�entification of trees to be removed and a protection program defining standards and methods that will be used by the applicant to protect trees c�uring and after construction. No trees are being affected by this proposal. Small landscape trees will be removed to re-configure the parkin area. This change was approved through a separate land use decision (1VIlVID2007-00012). No arborist report is require�. Visual Clearance Areas (18J95� This Chapter requires t a c ear vision area shall be maintained on the corners of all properiy adjacent to intersecting� nght-of-ways or the inteisection of a public street and a private driveway. A clear vrsion area shall contain no vehicle, hed e, pla� nting fence, wall structure, or temporary or permanent obstruction exceedin� three �3) feet in heig�t �I'he coc�e provides that obstructions that may be located in this area shall be visua y clear etween three (3) and eight(�) feet in height Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by measurin from the corner, 30-teet along the right-of way and along the driveway and connecting these two points wi�a straight line. The applicant states there are no changes to the access and that the visual clearance area was previously approved. This statement does not consider the additional right-of-w�ay dedication along Pacific �-�'ighw�ay, thus changing the visual clearance area. The areas were not indicated on the proposed site plan. FINDING: Based on the analysis above,the Vision Clearance Standards are not met. GONDITION: Prior to final plat, the applicant shall submit a revised plat for review and ap roval that shows the visual clearance area for the access to Parcels 1 and2 accurately, in acco�ance wnh TC�C Section 18.795.040. NOTICE OF DEQSION MLI'2007-00004/DDHK VENIURES PARTITION PAGE 8 OF 14 Im�act Study_(18.390� Sect�on 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 andtyp e of impact the study shall �ropose improvements necessary to meet City standard, and to minimize�he impact o� the developmen 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 s pecifically concur vinth a requ- irement for public right-of-wa dedication, or provide evidence that supports �hat the real prope�y dedica�ion is not rou,ghly propoitional �o the projected impacts of the develo ment, Section 18.390.D40 stafes that when a condit�on of ap roval reguires fhe transfer to the public of an interest in real property,the approval authority shall adopt findn�s which suppoit the conclusion �hat the interest in real prope�ty to be transferred is roughly proportiona to the impact the proposed development will have on fhe public. No impact study is requ.ired for t�us application. I rovements were made along Pacific H'ighway during the construction of the Fast Lane Quicklube approved ui 20�. Connection to utiliues will be required at the tune Parcel 2 is developed. The Washington County Traffic Impact Fee ('ITF) �s a mitigation measure that is required at the time of development. Based on a tra.nsportation unpact study prepared by Mr. David Laison for the A Boy E�a.nsion/Dolan II/Resolution 95-61, TTFs are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street sYstem. Since no development �s occumng with this proposal, the applicant will not be re quired to pay TTFs. An additional 12 feet of right-of-way �s required by �regon Department of Transportation alon Pac�fic H'ighway. Because this dedication �s not a Caty requirement, it �s not considered in the analysis. No a�ditional unprovements are required bythe City;therefore no analys�s �s requ.ired. PUBLIC FACILITY CONC,ERNS Street And Utility Im rovements Standards (Section 18.810� Chapter 18.810 provi�es construction stand`a�or the implementation of public and private facilities and utilities such as streets,sewers,and drainage. The applicable standards are addressed below: Streets: Improvements: Sect�on 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of Way and Street Widths: Section 18.810.030.E requires an Arterial street to have a 104 right-of-way width and 72-foot paved section. Other improvements rec�uired may include on-street parking, sidewalks and bikeways, underground utilities,street lighting,storm drainage,and street trees. Tl�vs site lies adjacent to SW I-i'ighway 99, which is classified as an Arterial on the City of T'igard Tr�ansportation Plan Map. At present, there �s approxunately 40 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 52 feet from centerline. SW Highway 99 is currently partially improved. In order to mitigate the impact from this development, the applicant should enter ulto an agreement for tuture street unprovements. 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 bamers such as topography, railroads, freeways, pre- e�cisting developments, lease provisions, easements, covenants or other restricdons e�usting prior to May 1 1995 wFiich preclude street connections. A full street connection may also be exempted due to a regulatec� water feature if regulations would not permit construction. NOTTC�OF DEQSION MLI'2007-00004/DDHK VENI2JItES PARTITION PAGE 9 OF 14 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 circulation when not precluded by environmental or topographical constraints, e�cistin� development patterns or strict adherence to other standa�is 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 extensions. 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. The applicant did not address this code section. There are no oppomu�ities to provide new street connections to Highway 99 due to ODOT access management restrictions. Block Desig ns - 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 convement access, cirrulation, control and safety of street traffic and recognition of limitations and opporiunities 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- existing development or, . For blocks adjacent to arterial streets,limited access highways,major collectors or railroads. . For non-residential blocks in which internal public circulahon provides equivalent access. Due to e�vsting development surrounding the properry there are no possible street connections or opportunities to create shorter block lengths that meet the current standard. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or ri ht-of- ways shall be provided when full street connection is not�possible. Spacing between connections sha�be no more than 330 feet, exce�t where precluded by environmental or topographical constraints, existing development patterns,or stnct adherence to other standards in the code. Due to the placement of homes surrounding the property, a bicycle/pedestrian connection is not possible at this time, nor is a connection likelyin the future. 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 Both lots have irregular shapes. Parcel 1 has an average lot width of 70 and a depth of ap roximately 255 feet �3.64 times). The average lot width on Parcel2 is 133 feet and the maxiinum depth is 98 feet (1.3�times). S-mce there �s no inu7unum lot size tor the General Commercial (GG) zone,this standard does not apply. These numbers are based on measurements taken from the site plan because this standard was not addressed bythe applicant. 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 pancel to either have a minimum 15-foot frontage or a riurumum 15-foot wide reco�ed access easemen� In cases wher� the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet Parcel 1 has 122 feet of street frontage along Pacific I�ighway. Parcel two has no street frontage, but is accessed by a 45-foot easement across tax lot 700. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant did not address this code section. There is an existin sidewalk along the property frontage on H'ighway 99. The sidewalk is not in the ultimate location with the requ.ired p�anter strip between the curb and the sidew�alk. The applicant shall enter into an agreement for future street improvements in order to satisfythis requirement. NOTICE OF DEQSION MLI'2007-00004/DDHK VENI'URES PARTITION PAGE 10 OF 14 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 existing mains in accordance with the provisions set foith in Design and Construction Standar�ds�or Sanitary and Surface Water Management(as adopted by Clean 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 tlie Comprehensive Plan. The applicant did not adequately address this code section. There is an existing public sewer that is located along the west property luie.. This sewer line may serve the future development of Parcel2. Parcel 1 is already provided with sarutary sewer service. Storm Draina�e: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside or outside the development The City Engineer shall approve the necessary size of the facility based on the pro� visions of Design and Constiuction Standards for Sarutary 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 resuldng from the development will ovedoad an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management(as adopted by Clean Water Sernces in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CW5) 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 goverrunents institute a stormwater detention/effective imp ervious area reduction prog ram resul u�n�ui no net increase u1 storm peak flows up to the 25-y�ar event. The Caty will require that all new developments result�'n� in an increase of impervious surfaces provide onsite detenuon facilines,unless the develo�pment is located ad�acent toFanno Creek For those developments adjacent to Fanno Creek,the storm water nu�off wiIl be permitted to d�scharge without detention. The applicant was asked to submit the calculations for detention and water qu�aliry for the development of Parcel2. The ap licant submitted a site plan with water quality calculations. The applicant referenced calculations submitted with a �003 land use. The app�icant's narrative states there is no new development with this proposal and the storm water for the parku�g lot change�s being reviewed under a separate submittal. Irregardless,the apphcant's engineer shall submit detention calculations for Parcels 1 and 2 for review and approval prior to f-inal plat approval. Bikeways and Pedestrian Pathways: Bikeway E�rtension: Section 18.810.110.A states that developments ad'oinin proposed bikeways identified on the City'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. Highway 99 is a bicy�le f acility. There are e�sting bicycle lanes,thereby meeting this criterion. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed under�ro� und, except for surface mounted transformers, surface mounted connection boxes and meter cabinets wiiich may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above,and: NOTI(�OF DEQSION MLI'2007-00004/DDHK VENI'URES PARTI'TION PAGE 11 OF 14 . The developer shall make all necessaiy arrangements with the serving utility to provide the under�round seivices;. . The (:ity reserves the nght to approve location of all surface mounted facilities; . All underground utiliees, incIuding sanitary sewers and storm drains installed in streets by the developer, shall be constructed�priorto the surfacing of the streets;and . Stubs for service connections shall be long enough to avoid distu�ing the street improvements when service connections are made. Exception to Under-Grounding Requiremen� Section 18.810.120.0 states that a developer shall pay a fee in- lieu of under-grounding costs when the development is pro osed to take place on a street where existing utilities which are not undetground will serve the developmen�and the approval authori�y deternunes that the cost and technical difficulty of under-grounding the u�ilities outweighs the benefit of under-grounding in conjunction with the develo pment The detemunation shall be on a case-by-case basis. The most common, but not the only such.situa�ion is a short frontage development for which under- rounding would result in the placement o�addit�onal poles, rather than 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. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Storm Water ali . T e City has agree to enfonce 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 facihhes. The facilities shall be desi ned to remove 65 pe�ent of the phosphoius contained in 100 perrent of the storm water nuioff�enerated�rom 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 applicant submitted the calculations for water quality that were previously submitted with the 2003 land use applicauon. These calculations included the area located within proposed Parcel2. The applicant's engineer states that the calculations show no additional water quality treatment �s necessary because the system �s designed with a storm filter that is large enough to handle runoff from both Parcels 1 and 2. Grading and Erosion Control: CWS Desi n and Construction Standards 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, excavatin�, clearin , and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to su�mit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the develo.per v�nll be required to obtain an NPDES pernut from the City prior to construction. This perniit will be issued along with the site and/or building pernu� No grading is proposed with this application. Address Assi nments• e City o ig is responsible for assigning addresses for parceLs within the City of Tigard and within the Urban Service Boundary(USB). An addressulg fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the Citypnor to final plat approval. For multi-tenant buildings: one address number is assigned to the building and then all tenant spaces are given suite numbers. The City is responsible for assigrung the rnain address and suite numbers. T�vs inforn�auon�s needed so that building permits for tenant improvements can be adequately tracked in the Cit�s pernzit tracking system Prior to issuance of the srte pexmit, the applicant shall provide a sLUte layout map so suite numbers can be assigned. The addressing fee will then be calcu7ated based upon the number of suites that must be addressed. In mulu-level stnictures, ground level suites shall have numbeis preceded by a "1", second level suites shall have numbers preceded by a"2",etc. NOTICE OF DEQSION MLI'2007-00004/DDHK VENTURES PARTITION PAGE 12 OF 14 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 easilyfind a particular home. Surve Re uirements• The applicant's inal plat shall contain State Plane Coordinates AD 83�(9_ 1)] on two monuments with a tie to the Cit�s global positiorung system(GPS) geodetic control network(�GTC 22). These monuments shall be on the same line and shall be of the same prec�sion 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 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 survey�ng methods. In addition, the applicant's as-built drawin�s shall be tied to the GPS network. The applicant's en�ineer shall provide the City with an electronic file with points or each structure (manholes, catch basins, water valves, �rants and other water system features) in the development, and their respective X and Y State Plane Coordinates, re erenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS The City of Tigard Public Works Department, Building Division and Tigard Police were sent a copy of the proposal. No ob�ections were made byanyof the staff. SECTION VII. AGENCY COMMENTS Tualatin Valley Fire and Rescue endorses the proposal and has no conditions insofar as fire apparatus access or firefighting w�ater supplies. Qwest sent notification that the site is outside their coverage area. SECT'ION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was ma.iled to: X The applicant and owners X Owner of record within the requixed distance X Af f ected govenunent agencies Final Decision: THIS DECISION IS FINAL ON AUGUST 23,2007 AND BECOMES EFFECTIVE ON SEPTEMBER 8,2007 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 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Commuruty Development Code which provides that a written ap eal together with the re�quired fee shall be filed with the Director withul ten(10) business days of the date the Notice o}�ecision was mailed. The appeal fee schedule and forn�s are available from the Plannulg Div�sion of Tigard City Hall, 13125 SW Hall Boulevard,TI'igard,Oregon 97223. NOTIC�OF DEQSION NII1'2007-00004/DDHK VENT'[JRES PARTITTON PAGE 13 OF 14 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues,properly raised in the Notice of Appeal may be subcYUtted by any parry during the appeal hearing, subject to any additional rules of procedure that maybe adopted from time to tune by the appelIate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 7,2007. I�estions: e any questions,please call the City of Tigard Plaruvng Division,Tigard Ciry Hall, 13125 SW Hall Boulevard, T"igard,Oregon at (503) 639-4171. C�� Au t 23 2007 PREPARED BY: e Caines ATE Associate Planner . � �_ � - �'�-t 9`Z- August 23,2007 APPRC�VED Y: Ric ar ewers o DATE Plaruung Manager � i:\cwpin\cheryl\mlp\m1p2007•00004 DDHK Ventures\m1p2007•00004 decision.doc NOTIC�OF DEQSION MLI'2007-00004/DDHK VENI'URES PARTITION PAGE 14 OF 14 v�i�i�i -- __ "' OJ' / � w �/J� �_r , . ii...•iNCORh�AT�,CN,vSTEM (>> ' \ � � { VICINITY MAP ��� ��� �� � � , , , , -a, I� m � MLP2007-00004 DDHK VENI'URES/ _ PARK ST PARK gT FAST LANE OIL ' � � PARTTTION i \ i MIRA Q ' / n � � � . � COOK LN ���t�� Q r I QP LEGEND: � � �I Y —' j sUBJECT ° � � � �- � � SITE � Q � � � _ �_ 0 \! ... ...6 F kR FAIRHAVEN � ST � ,I � -- (n FEaµ� -., �.. ±je - � � � y; �� � m :�`' �� . � ._r = - � � � -� 4: � �. _ � � '�F:CIATR�p`�� 1�1 I�4 � :r BEND RD�/ • �� v�l. - FAI RHAVEN - �J� ' �°�H^�-r--"°,�; TII �'� �„ � II I Tigard Area Map __ . , . . . .. _I � N U 80 160 240 320 400 Feel GARDEN PARK PL — ' , , , 1"=307 feel � � HILL VIEW ST � � � � � � � , -\ w � ��_� - Z Information on this map is for general localion only and � ��1 . � should be verifiad with the Development Services Division. �V Q . � 13725 SW Hall Blvd . , (� � _ � Tigard,OR 97223 J F— D (503)639-4171 . � . 'ct � http://www.ci.tigard.ocus Community Development Plot date:Jul 10,2007;C:lmagiclMAGIC03.APR vrro. s/a' �oH Rao, oN .e' glF STORAGE BUILDMIC �, FTiO. 3' BRASS DISK (WOOD FRAA�) YARqNG DA.C. CORNER N 89'S0'S6" E 219.40' N 89'S0'56 E 65.33' s T,� / �9 15' MADE STORM SEVYE � x � EASEI�ENT PER DOC. � PARCEL 1 ,� 85-005074 � p� " N e9_so'ss" E „8.s3'__ � \ 14,583 SQ. FT. / 10.0' 10' ACCESS EASEMENT � s � t� ' ' �' �*t� � � �� ����� � � 45' YNDE EASEMENT FOR �p. F �� / h�v�V � � � INGRESS ANO EGRES��� � n PER DOC. 94-030602 � \ �� � / ��Q� � NI pQ�p•�1', V ; I PARCEL 2 / �� '� '�, �+► / 11 ,586 SQ. FT. \ �.o. ; o�oo� � ,' ,� '=� �� � / �� � m o I ,�, � � o '� ry� / �Q� ��J �r� / FND. 5/8� IRON ROD � I 3' � / A �J 1AWCH FN15 O.S2' E ^ //�� L� � Of P�L ; ^� / \ L��r ` / / � \ �� �_ ,��, I ; � � \ � sr �� / / q���J� � � u' s�w. ��x ?t•��� "V EASEYENT PER DOC. E3000975 � � � '�O � File Path: D: DWG06 File Name: 61103.DWG I � Plot Date: 12-06-2006 i Plot Time: 10:22 m �o.o' ' I PROPOSED PARTITION PLAT / � � LOCATED IN THE SW 1/4 OF THE SW � +a.o• 1/4 OF SECTION 2, T2S, R1 W, W.M., / � I CITY OF TIGARD, WASHINGTON COUNTY, OREGON. FNO. S/8' IRON I °°� I-I�CKMAN 6 AS'�OC/A TES� . E P L A T . I 1" = 40.0' LAND SURVEYOR I 1705 LEE STREET, LAKE OSWEG , OR 97034 PHONE (503) 697-6869, 6 -6980 FAX 40 0 40 80 12Q I � EXH1B11� DDHK Ventures,L.L.C. MLP2007-00004 Attn: Michaeh Denton DDHK VENTURES/FAST LANE OIL 12604 SW 60 Cx. Portland, OR 97219 PARTITION VLMK Consulting Engineers Attn: Jennifer Kimura 3933 SW KellyAve. Portland, OR 97239 � � � � a. � o � O1/lA/2007 11:56 IFAX ol■k�vl�lc � �ennifer I¢J001/002 . PxH-APP.�iBtD H� CITY OF TIGARD PLANI�ING D�VISION " � LAND USE PERMIT APPLICAT�ON : C�ty cf?`�rd Per»it C.e�ier 13125 S WHall Blzd, ?'� QR 97223 � Phor� 503.l�39.4171 Frt�c.•SG�598.i960 � , - r � F�7e� I��L(':�'"v l'0��'0� O�her Case�Y . I nALC �i" $ ��'-��E� .rt����1�JL' � � �'t.�.� �r� i y Re�tapt N Fee�D�ne Comptete � I TYFE F PERNII'T YOUARE APPLYIN y�C�R �'�l���V�+��(��� �]�inor Lwd Parution(II� ❑Zone Q�aage(LII� ❑c��as�e P1aa Amendmenc(rv) P1�naed DeveloP�(� ❑7One C�ange Annexxuon pV) ❑Coadiaoml LIse{1II) ❑Sens�ve Laack RcvieaP(S,II or II� ❑Zone Oidinance Arnmd�Cxnt(IV) ❑I�smrK Overhy(II or IIn ❑Sue Developmeai Revicvv(II� �H0��n t� ❑snbdiviS;on(II or m} � S �°[C�,` � �vV 2� 1 (�Z� oo �v �—� � �., - � �- v�,�,�—� c�.�. �e C.�.C�- �-- - �� P�.�� �f . �� � ��� � 3 .�-��. �U�Q� Z ����� ��� ; � � � v�-4-�.��` u� - ����t ��-C� . ��--� ro�z- ����� �� -��� � a5�t � �, 3 ,�;-�-� _��� � 'a'hca the oa�a snd applic�c ue ' ese�peopk, uvuc be p�rc6aser o or a lessa in possessioa witb wmttn wthorizat�n from t6e owner or an age�of the o�aner. Tbe aw�aers must sign zhis appLcation en rbe space provided on thc bnck af t6is fecsn or snbmic a�imea aurhoriraaioa arith chis ]ica�o,n, ��� �/l-t �i� �-�- 1���i�'I'�t av� --- — - - - - � � APPLIGTIO�iS WILL �TQ� BE AOCEP'IED WI'IHO�LTI' ALL OP THE REQfUIRED SUHMTTTAL ELPMENTS AS DESCRTBEDINTHE°BASIC�.SSTIRMTTrAT A�'l1TiTl�L'Lft1lTT'QnTAT�f1D\I�?ti.�wTnr�rr�r Ulii�/'LUU7 11:5� lr'AX e1mK@ov1mK � �ennirer t�UU'L/UU'L . THE AP�'�.j�'.AN�SHALL CERTIkY T'HAT: � If the apptication is granted,the applicant shall exercise the rights gzanted in accordance��ith she terxns and subject ta all the conditions and linutateozu of the apprav�L ♦ All t�.e above scatements and tfu sratements in the plot plan,zttachmenrs,and ex6�bit�u�mated herea�ich,are true;and the app}ic-ants so acknowledge thaz any pemut issued,bxsec on th�s applicatior�,map be revoked if it is found that anpsuch statements are false. � The applicaut has read the enr.ire conterns of the applicauon,inrluding th�pvliaes and criteria,and understands the requirements for appmving or denying the application(s). SIGNA'�'URES QF EAC�i OWNER 4F THE SUBJE�T PR�PERTYARE REQUIRED. � � ��I � s$ignslure g��r �.vv,-.�� (-��1- �� o�rs s��n� �� � � . s�� _� -{�i�c��r=�'�-' ' �- �'�. �S • � , . ��� � �" � � � � 4wi+ri's� � D�tt ( Owne�s Sigaattm - - � �,� ApplicaadAgent/Repitseata�ve's Signaduie Date � A�'Pl'uant/Agent/Rtptesentative's Siguawre — Dzte � - - C[TY �F TI�ARD LAND USE APPLICATtONS BASIC SUBMITTAL RE UtREMENTS This checklist identifies the basic submittal requirements for a land use application. BAS1C INFORMATION: Compieted t�,1aster"Lsnd Use Permit"Applicztion with prop�rty owner`s signature or name of age�t and lettzr of auth�rization � 7itfe transfer instrument or grant deed � Writfen summary of praposai `� Narrative demonstra�ing compliance with all applicable Cevelopment standards and approval criteria (as specified in ti�e Pre-A�plication Conference notes) ❑ Ttivo (2) sets o` stamped, addressed #10 envelopes #or al! owners of property within 500 feet of the sub;ect ,� ( /� property. Mailing envelopes shali be standard legal-size (#10), addressed �vith 1" x �" labe's (see en�efope 1V� submit#ai requirements), Property owner mailing lists must be pre�ared by th C'y for a minimal fee (see request for 500' p�aperty owner mailing list form}. -- ��'' � � �'���,� C7 Documentary evidenc� of Ne;ghborhoad P�(ceting for the following: Site�lo menE Review, Sub�vision, Conditionai Use, Sens tive Lands Review, Zone Change, Comprehensive Pisn Arnendments. ��Cb . NeighSorhood Meeting Aff�davits af Posting & P,�ailing Notice, Minutes,Sign-in Sheets p,,�. Service Provider Letter �� {� lm�act Sfudy per Se�f�an 18.390.440.B.2.(e},�Y'/(� ��/1iI�( � �O� �o�p�( VL� l,/u V) Capy of the Pre-App(ication Conference notes r J�� �`�G� 1 �� Filing F�e{see fee schedule) �,�,� PLANS REQUI�ED• In additicn to tlie above basic information, each type of land use appficatian wiil require one or more of the following maps or.plans. PLEASE SUBMIT EACH QF THE PLANS CNECKED BEt,OW WITN YOUR APPLICATION (See sep�.rate attachment for detaifs on whct information to include on each plan}: ❑ Vicin:ty�;9ap ❑ Pteliminary GradinC,'Erosion Control Plan LJ Existing Conditions Maa O Prelirninary Ufifities Plan ❑ Subdivision Pre�iminary•Pfat Map ❑ Prefirninary Storm Drainage Pian C� Preliminary PartitionJLot Line Adjustment Plan C.1 Tree Presen�ationlMitig�tion Pian ❑ Site �evelflpment Plan ❑ Archifectur�l Drawings (elevations &floar pfans} ❑ Landscape Pian ❑ Sign Drawirgs ❑ Pubiic Improvements/Streets Plan � � NUMBER O�' COPIES REQUIRED• 7he City requires multiple copies of submi:tal matena!s. The number of copies requ:red depends on the t��pe of review process. FOR PURP�SES OF REVIEWING YOUR APPLICATiON FOR COPr1PLETENESS, ONLY 3 COPIES ARE NEEDED. TNE BALA.NCE OF THE COPIES 4NILL BE REQUESTED FROM YOU, ONCE DEEM�D CO�YIPLETE, TO MAKE YOUR APPLICATIdN SUBMITTAL CGMPLETE. h:ipattylrnas?erslappii�:aEion submit:ai requirements.�oc UPDA7EU: 26-Jun-02 � n ' LAND USE PR�P�SAL DESCRIPTION . . � . 120 DAYS =10/27/2007 FILE NO.: MINOR LAND PARTITION (MLP) 2007-00004 FILE TITLE: DDHK VENTURES/FAST LANE OIL PARTITION APPLICANT & DDHI��'entures,LLC APPLICANT'S `'L�1K Consulting Engineers OWNER: :�tm: �lichael Denton REPRESENTATIVE: .�trn: Jennifer ILimura 12G04 SW 60`'' C�urt 3933 SW Kell�-i1��enue Pordand, OR 97219 Portland, OR+97239-4393 REQUEST: The applicant is requesting a �Zinor Land Partidon to parririon one (1) eYisting .60-acre lot into two (2) parcels. Propc�seci parcel 1 is 13,170 square feet and parcel 2 is 11,586 square feet. Parcel 1 has an etisting vehicle ser�-ice business. Parcel2 is t-acant. LOCATION: 13545 SW Pacific Highway;Washington County Tax�1ap 2S102CC,Ta�Lot 600. ZONE: GG: General Commercial District._The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Cin�-wide and eeen regional trade area. Escept where non-conforming, residential uses are limited to single-famil�- residences which are located on the same site as a permitted use. A wide range of uses,including but not limited to adult entertainment, automoti�re equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline starions, are permitted condiuonall�-. APPLICABLE REVIEW CRITERIA: Communiry Development Code Chapters 18.390, 18.420, 18.520, 18.705, 18.745, 18,765, 18.780, 18.790, 18.795 and 18.810. DECISION MAI�NG BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV COMMENTS WERE SENT: JULY 10, 2007 COMMENTS ARE DUE:,TULY 24, 2007 ❑HE,�RINGS OFFICER (MON.) DI�TL Ol� HE_'�RING: 'I'I�iE: 7:00 PM ❑PL�NNING COM�IISSION (MON.) DATE OF HE�RING: TI�ZE: 7:00 PM ❑ CITY COliNCIL (TUES.) D�1TE OF HEARING: TI�1E: 7:30 PM � STAFF DFCISION (TENTATIVE) n�TE OF DECISION: AUGUST 22, 2007 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION � VICINITY ��1P � DR�1IN:1G� PL�1N � SI"I'�, DIST,-�NCE CERTIF. � SITE PL.�-�N � STOR�'�1 W11TER�N_-�I.YSIS ❑ TR�FFIC STL DY � N�RI�-�TIV�: ❑ �RI30RIST REPORT � OTHER: �1ISC:��.I�I..-�NEOL S STAFF CONTACT: Cheryl Caines,Associate Planner (503 63) 9-4171, Ext. 2437 C N 5 U L T I N G ' S03.222.4453 503.248.9263 E N G I N E E R S vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 WWW��mk.com LETTER OF TRANSMITTAL TO v� U�-- DATE:��J�J I C�� I � PROJECT: �I�� ����v' 1 13 I Z5 �I,�v ( I �- CtY��--i �a-� `�, „ �Q/�p ( � ATTN: �1' I �� / C[/ , JOB NO: �C J�D lli�� WE ARE SENDING YOU ❑ Attached ❑ Under seperate cove�'"vi���� � w the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ COPIES DATE NO 1 ` � ♦ � e �v� � � � � 'rt S � Z � � 3do3� � THESE ARE TRANSMITTED as checked below: ❑ For Approval ❑ Approval as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approval as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED `�'d' �"� r r ���� If enclosures are not as noted, kindly notify us at once 1 M C P,�o o�7_o000�- LA�ifl US� AP�LICA� 1�� Dateect: p l,�B -D�Par-�,�-�►on C��lPLETENESS R�VIE1�lI ❑ COMPLETE ❑ INCOMPLETE STANDARD INFORMATION: � Deed/Title/Proof Of Ownership �Neighborhood Mtg.Affidavits, Minutes, List Of Attendees❑ Impact Study(18.390) ❑ USA Service Provider Letter �� Construction Cost Estimate ❑ #Sets Of Application Materials/Plans Q� Pre-Application Conference Notes ❑ Envelopes With Postage(Verify Count) PROJECT STATISTICS: � ' � � ❑ °k Of Landscaping On Site ❑ % Of Building Impervious Surface On Site ❑ Lot Square Footage PLANS DIMENSIONED: ��9-�-���t . . . � )� iniel��eadiUg_Spac�-1AA�ece A�plie�ble Q—Buildic�kieight ❑ Access Approach And Aisle ❑ Visual Clearance Triangle Shown ADDRIONAL PLANS: ❑ Vianity Map t-Ptafl ❑ Tree Inventory ❑ E�asting Conditions Plan [�--�aadscape.�a,an ❑ Site Plan [}--tightiAg-P4an TREE PLAN f MITIGATION PLAN: – �� ��rr�s���Y ❑ �^ ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports} ❑ ❑ ❑ ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330�co�droo�i u�� ❑ 1 S.6ZO(Tgatd Triangle Design Slardartls) ❑ 18.765 offs�t Pa�+� ❑ 1 a.34� D�rectc�s In ( rx�,lloading ReQurements) ( te�pretaoon) 18.630(wasn�r,qaon sq�,are Reqanai Centerl ❑ 18.775(Sensrove�ands Rev�ew) ❑ 18.350(P�anned Devebpment) � 18.7 (AccessiEgresslCir�utapon - ❑ 18.780(Sgns) ����_�_�"' (Site DevebFxnent Rev`����iVi(� . (Accessory ResidenOa nRS) , ❑ 18.785(Temporary Use Pemuts) U ro�rET�artar�dj��ts) ❑ 18.715(Deruiry Compumtions) � 18.7 (Tree R�; ❑ 18.380¢onvg MaplText AmendmenCS) ❑ 18.720(Design Compaobility Slandards) � 18.795(Visual Clearance Areas) , —_---- - _. 18.385(htiscellaneous Pertni�) ❑ 18.725(Envvonmental Perfamance Standards) ❑ 1 . (Water Resouroes(4VR)Overtay D�soicij ❑ 18.3JO(Deasion Making Procedures�mpacf Study) ❑ 18.730(Exceptions To Developrtient Slandards) _, 1 .79$ ireless Communica0on Faalioes� -- ❑ 18.410(Lot Laie Adjustrnen�) ❑ 18.740 iH����y) �y 18.810(Street 8 uWiry�mprovement Standards) ❑ 18.420(L.and Far�tioru) ❑ 18.742(Home Occupa6on Permi6) --_._ _.____ ❑ 18.430(Subdivisions) ❑ 18.745(l.andscaping�Screening Standards) __ - Q 18.514.�R.�identia�Zoning Disto�tsl` ❑ 18.750(Manufacwredrt�ob�Home Regulatiau) � 18.520(Commerdal Zon Olstricts) ; ❑ 18.755(Maed Sord waste/Recyding Storage) 1 . (Industrial Zoning Datricts) ❑ 18.760(Nonconforming Situabons) ADDITIONAL 1TEMS: I:\curpin\masters\revisedlland use application completeness review.dot REVISED: 17-Ja�-oi � City Of Tigard, �regon - 13125 SW Hall Blvd. • Tigara, OR 97223 ;�larch 7, ?UU� �� � �lichael Dent��n � DDHI��'enture�, ].I,C 12G04 S�' 60`� Ct. . � � Pordand, OR 9721) RE: Completeness Re�-ie�c�-DDHI� :�Iinor l.and Partition, Case f�ile i�o. :�ILP2007-0000� Dear�1r. Denton: T�e Citc- has recei�-ed �-our applicacion for a �Iinor Land Parrition (:�iLP2007-00004) to di�-ide a .60 acre site into two parcels. Staff has completed a preliminan- re�-ie«� of the submittal materials and has deternuned that the follo�aing addirional information is necessar�- before the applicauon can be deemed complete: 1. Narrau�-e. Please rerise and re-submit the follo�ti-ing narrau�-e code sections. Responses should include facts, fmdings and conclusions. ♦ 18.3G0.050.B — �fajor �Iodificauons to .�ppro�-ed Plans or Esisting De�-elopments. "I'he changes to the parking area on Lot 1 require a minor modificarion. Please describe the proposed changes. ��ddress the criteria of this section w-ith facts to sho��- �vhc each of these criterion is not being triggered b�- the changes. Sho�v ho�v parl:ir►g requirements are still met for the Quiklube. ♦ 18.5?0 — Commercial 7.oning Districts - please address ho��- each parcel meets the de�-elopment standards found in Table 18.520.2. I�ote that landscaping area cannot include the area to be dedicated for right-of-«-a�-. ♦ 18.70�.030 - .-lccess, Egress & Circulauon - section 030,items :-1-I. ♦ 18.790.030 - Tree Remo�-al—if no trees are being remo�-ed, please state that. ♦ 18.795.030 -�'isual Clearance �reas for the shared access. ♦ 18.810 - S[reet& L�tilin- Impro�-ement Standards 2. Clean V�'ater Ser�-ices Letter. Please pro�-ide a current sen-ice pro�-ider letter. 3. Public Facilit�- Irems. Please pro�-ide the informarion required b�- our de�-elopment re�-iew engineer, as sho�vn on the attached sheet. Should ��ou ha�-e an�- quesuons �vith regard to these items, please contact me at 503-G39- �171 12�37. Sincerel�-, C.�,/� C cc.c..-�.L�J 0 Cher��l Caines .-�ssistant Planner c: Jennifer I�imura,`'L:�II�Consulting Engineers :�ILP2007-0000� I.and t'se ��ile Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 � v PUBLIC FACILITYPLAN Project: � ,�K MLP COMPLETENESS CHECKUST Dafe: 3/7/07 GRADING ❑ Existing and proposed contours shown. Provide grading p/an to show how new arkin area will drain. ❑ Are there radin im acts on ad�acent arcels? ❑ Ad�acent arcel rades shown. ❑ Geotech stud submitted? STREETISSUES � Ri ht-of-wa clearl shown. � Centerline of street s clearl shown. � Street name s shown. ❑ Existin / ro osed curb or ed e of avement shown. ❑ Street rofiles shown. ❑ Future Street Plan: Must show street profiles, topo on ad�acent arcel s , etc. ❑ Traffic Impact and/or Access Report Address 18.705.030.H- Can provide information from revious land use ❑ Street rades com liant? ❑ Street/ROW widths dimensioned and appropriate? Must dedicate ROW to ODOT on Highway 99 rovidin 52 feet from centerline ❑ Private Streets? Less than 6 lots and width a ro riate? ❑ Other: SANITARY SEWER ISSUES ❑ Existin / ro osed lines shown. Show exisfin line and address 18.810.090 ❑ Stubs to ad�acent arcels re uired/shown? WATER ISSUES ❑ Existin / ro osed lines w/ sizes noted? Show exisfin line that will serve new lof ❑ Existin / ro osed fire h drants shown? ❑ Pro osed meter location and size shown? ❑ Pro osed fire rotection s stem shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existin / ro osed lines shown? Show exisfin line and address 18.810.100 ❑ Preliminary sizing calcs for water quality/detention Provide copy of water quality calcs and show provided? how existing facility has capacity for additional arkin area. ❑ Water ualit /detention facilit shown on lans? ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? Storm stubs to ad�acent arcels re uired/shown? The submittal is hereby deemed ❑ COMPLETE � INCOMPLETE REVISED: 03/07/07 ����� 3�/4'] �r I � �. � Jennifer Kimura From: Cheryl Caines [CHERYLCC�tigard-or.gov] Sent: Friday, May 18, 2007 12:35 PM To: Jennifer Kimura Subject: Re: Tigard Lot Partition - MLP2007-00004 ]ennifer, I got the materials. The narrative does not provide facts to show how the criteria are met for the sections addressed in the incomplete letter. If the narrative does not include facts, findings and conclusions, then I cannot write a decision to show how the criteria are met. Also three copies of all materials are needed because they get routed around. I did receive three copies of the plans, so that is fine. Just thought you may want to re-submit rather than waiting for another letter. Cheryl »> "Jennifer Kimura" <ienniferk@vlmk.com> 05/18 9:04 AM »> Good morning Cheryl....Rose City Courier will be delivering our response to your initial incompleteness letter by noon today. Please confirm when you have received. Thanks, have a good weekend. Jennifer 1 _ ; t_ .J N 5 U L T I N G ' S03.222.4453 E N G i N E E R S 503.248.9263 vlmk@vlmk.com www.vimk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 Checksheet Response Project: Tigard Lot Partition �-��j'-,T� �` '.��- Date: 5/21/07 Customer name and phone number: VLMK Engineers (503) 222-4453 Reviewer's Name: Cheryl Caines Date of checksheet: 3/7/07 # General descri tion of condition Com liance 1. Revise Narrative to comply with the listed See attached revised Narrative that addresses each sections. section. 2. Provide current Clean Water Services letter See attached letter. 3. Respond to the attached Public Facility Items See items noted below: from Kim McMillan Item General Description Compliance 1. Provide grading plan for new The site is relatively flat and the proposed parking lot parking lot. would drain to the single catch basin (existing). We will provide these plans if/when the parking lot work is to be done. 2. Address 18.705.030(Access) See attached Narrative for responses to 18.705.030 (A through n. 3. ROW dedication See revised site plan(G1.0) for 12.0' dedication along Pacific Highway. 4. Show existing Sanitary lines The sanitary lines are existing and there are no and address 18.810.090 buildings proposed as part of the lot partition. See attached Narrative for response to section 18.810.09. 5. Show existing water line that See existing water lines indicated on revised site plan will serve new lot (G1.0)that serve both lots. 6. Show existing storm lines and See revised site plan(G1.0) for existing storm lines address 18.810.100. and see attached Narrative for responses to section 18.810.100. 7. Include water quality See attached calculations that comply. calculations that show how existing facility has capacity for new parking area. G:1Acad20612066351CORRESPONDENCE1Checksheet-1.Doc Structural Engineer�ng.C�v,i Engineering. Industrial Engineerirg.Pianning.Studies;Evaluations•Entitlement City of Tigard, Oregon • 13125 StY�Hall Blzd. • Tiga,d, OR 9�2?3 �I:.rch ,, ?�iti- �fichael Dcr.ron � [3UH1� �'entur�;, LL(: � � 1?Gil-� �1t' G�l�"(-�- 1'ortland, OR 9�?l�� . � i R�.: Complerenes; Re��iru�-I�UHf� �Iinur I.artd Parririr>n, (:a;e Ftle \o. \[LP?UU--UUUI.I-� lleaz \Ir. Dena�n: �I�he Cin� ha� recei�-ed ��our appGcacie�n t�r a tilinor l.and Partiaon r�jj_p?��i�,-�i(}d�,�� tu di�•ide a .GU acre ;irr u�ro rn•o parcels. Scaff has completed a preliminar�• re�-ieu� of rhe submirca! marenals artd has decermined thac the follo��-ing addiaonal inFi�rmaaon is necessar�� before thr applicaaon can be deemrd complete: . 1• larrati�-e Ptease re�•ise and re-submit the follow7ng nanacie-e code secuons. Responses should include facts, fmdings and conclusions. • 18.3GO.O�O.B — �Iajor :tiiodificadons ro � De�•elopmen�s. 7he changes ta rhe parJ;ing a earoncLotPl� requi.re a minor mociitication. Please describe the proposed changes. :�ddress the cnreria of rhis secuon with Facts to show urh�� each of these cnterion is not being tri�ered t�i- the chan�es. Show•ho�4 parking requirements are still met for rhe Qui1;]ube. • 18.�2U — Commercial Loning pisrriets - please addxess ho�ti• each parcel meets rhe de�-elopment standards found in Table 18.520.?, \;ore rhat landscaping area cannot include the area to be dedicated for ngh[-of-��•a�-. • 1$.,'U�.030 -:-lccess, Egress& Circulation -section 030, icerns_�-1, • 18.790.030- "I�ree Remo�-al—if no trees arr bring remo�-ed,please srate that. • �R-�������1 -�'isual Ciearance_�reas for �he shared access. • 1i3.$lU -S�reer& L�dlin- Improrement Standards '. Ciean �Y'arer SeR-ices 1,_ettec Please proride a current sen•ice pro�-ider lecter. 3. Public Facih�• Irem, Please pro�-ide che informaaon requirecf b�� our dr�-elapmenr recic�4•en�ineer, as �ho�L•n an rhe attachrd sheer. ' �hould ti r,u ha�-e an�� yuesu�ms u-irh re�ard cc> tl�e;e �cems, plca.e cc�nracc me a� �Ii3-G3�- -�1"1 �?-i3,. � ��ncrrclr, ��.�� �c�..,.c✓ �.,'^,�r�; �.a:n�, :� � � � � _� � � l;si;ra�i� Plar,ncr .-.. --�. �=� J�•n;�iirr [�:ir.�ara. � i.�Ii� (:: � . � ; �, y�1_ul�tn.� l:ntitnccr. .�r,:.,��:Jy�+�,nyt+l�lu.`JI� .,� .1 _f;li _��I{f;(�•} I.3t:t1 �. ;c } Ilr Phone: 5�3.�39.�171 . Fax: 5�3.68�1.7297 . z;,�;;;u.tig�zrd-or.goz� . 77'YRelay: Sv^3.6,44.277� PUBL/C FAC/L/TYPLAN COMPLETENESS CHECKLIST Project: DDHK MLP Date: 3/7/07 GRADING ! ❑ j Existing and proposed contours shown. i Provide grading plan to show how new ; a r k i n a r e a w i l!d r a i n. f ` ❑ ' A re t here ra din im acts on ad�acent arcels? ' Ad'acent arcel rades shown. � Geotech stud submitted? � STREETISSUES i Ri ht-of-wa clearl shown. Centerline of street s cleari shown. ' � Street name s shown. i Existin / ro osed curb or ed e of avement shown. Street rofiles shown. Future Street Plan: Must show street profiles, topo on ad'acent arcel s etc. Tra�c Impact and/or Access Report Address 18,705.030.H- Can provide Street rades com liant? information from revious/and use StreeUROW widths dimensioned and appropriate? Must dedicate ROW to ODOT on Highway 99 Private Streets? Less than 6 lots and width rovidin 52 feet from centerline a ro rrate? Other: SANITARY SEWER ISSUES Existin / ro osed lines shown. Show exisBn line and address 18.890.090 ' Stubs to ad�acent arcels r uired/shown? WATER ISSUES Existin / ro sed lines w/sizes noted? Show existin line thaf wi//serve new!ot Existin / ro osed fire h drants shown? ' Pro osed meter location and size shown? � � Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY 1SSUES i� I Existing/proposed Gnes shown� ' Show existin line artd address 18.810.100 ,' u � Prel�mmary s¢ing calcs for water quality/detention Provide copy of water quality calcs and show � � i provided? how existing faciliry has capacity for � � I Water quality/detention faci�ity shown on pfars'— additional parking area � Area for facility match requirements from calcs� ~ =J Facil�ty shown outside any wetland buffer? ,=� : Storm stubs to adjacent parcels required/shown� � -----�., The subm�ttal is hereby deemed ❑ COMPLETE I� INCOMPLETE RE`✓fSED 73�0'�C7 �Qti/� ��/�� c� lr � City of 7'igard, Oregon • 13125 SWHaII Blvd. • Tigard, OR 9�223 �� June 26, 2007 i l�iichael Denton DDHK Ventures,LLC ' � � 12604 SW 60�' Ct. Portland, OR 97219 RE: Completeness Review-DDHK Minar Land Parririon, Case File No. MLP2007-00004 Deax Mr. Denton: The City has received your application for a Minor Land Partition (MLP2007-00004) to divide a .60 acre site into two parcels. Staff has completed a preliminary review of the submittal materials and has determ.ixied that the following addiuonal information is necessary before the application can be deemed complete: ♦ Submit 5 copies of complete application packets. This includes plans and all application materials that have been submitted to the City. If items have been revised, please only include the xevised version. ♦ Preliminary Site Distance Certificate. Please include copies within the 6 application packets referenced above and 3 additional copies for the application packets already on- file with the City. ♦ Submit 5 additional copies of plan sets. These may be reduced copies provided they are legible. ♦ 1 compact disc with all materials in a searchable format. ♦ Submit two sets of pre-stamped, pre-addressed envelopes. Property owner list must be produced by Patty Lunsford in the Planning Department, 503-639-4171, ext. 2438. Should you have any quesrions with regard to these items, please contact me at 503-639- 4171 x2437. Sincerely, _ C°-- b ���J Cheryl Caines Assistant Planner c: Jennifer I{imura,VLMK Consulting Engineers MLP2007-00004 Land Use File , Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov • TTY Relay: 503.684.2772 � C N S U L T I N G t ' � � � '� ' • 503.222.4453 E N G I N E E R S 503.248.9263 vlmkC�vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4314 www.vlmk.com LETTER OF TRANSMITTAL ro: City of Tigard DATE: June 29, 2007 _ __ _ _ ___ _ _ _ 13125 SW Hall Blvd PRO�ECr: Tigard Lot Partition _ _... _ _. Tigard, Oregon 97223 MLP2007-00004 _ _ _ _ _ _ _ __. nrTN: Cheryl Caines - 503.639.4171 �og rvo: 206635 _ __ __ _ _ _ _ __ WE ARE SENDING YOU � Attached ❑ Under separate cover via: Delivery the following items: ❑ Drawings ❑ Copy of letter ❑ Application for Payment Change order ❑ Specifications ❑ Shop drawings ❑ Samples ❑ Copies Date No. Description (5) Complete Application Packets include Site Distance Cert (3) Additional Site Distance Certifications (S) Sets of Plans (1/2 Scales) (1) Compact Disc to include all materials (2) Sets of pre-stamped, pre-addressed envelopes r 1 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Reviewed ❑ Submit additional copies for distribution ❑ For your use ❑ Rejected ❑ Resubmit copies for review ❑ As requested ❑ Revise and Resubmit ❑ Return corrected prints ❑ For review and comment ❑ Make Corrections As Noted ❑ Prints returned after loan to us ❑ For Bids Due ❑ (Other) REMARKS �oSE �'/� � �. �--��,�.6,��� copy ro: File s�9�ed: Jennifer Kimura City of Tigard, Oregon • 13125 STX�HaII Blvd. • Tigard, OR 97223 �� . . � ' i June 30, 2007 Michael Denton DDHK Ventures,LLC 12604 SW 60`� Ct. Pordand, OR 97219 RE: Completeness Review-DDHK Minor Land Parririon, Case File No. MLP2007-00004 Dear Mr. Denton: The City of Tigard received your original application submittal for a Minor Land Partirion on February 6, 2007. The development site is located at 13545 SW Pacific Highway. Staff has completed a preliminary review of the submittal materials and has determined that your application was complete as of June 29th for the purpose of beginning the 120-day review period for a final decision. The formal comment and review process typically takes 6 to 8 weeks. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. Should you have any questions with regard to these items, please contact me at 503-639- 4171 x2437. Sincerely, . U�� ��� Cheryl Caines Assistant Planner c: Jenrufer I�imura,VLMK Consulting Engineers MLP2007-00004 Land Use File Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 i � � o � I� lU _ 6 � . ' [ • RE�ORDINC REQUESTED BY Wasnington County,Oregon 2003-006237 � � FIDE�ITY NATIONAL TITLE COMPANY OF OREGON 01/14/2003 04:D5:56 PM �� D-DW Crr=1 Btn=� A DUYCK � GRANTOR'S NAME s10.00 56.00 571•00 SZZ5.00•Total=s�sz.00 Dennis M. Horton and Elisabeth A. Horton DDHK Ven u esNLLC �,��RyNan�ono01,�.4 o�o4A00+30006`0�700:0020 �s```` and Ex-ORIUO Lounty CI�rM fo O � SEND TAX STATEMENTS TO: or�pon,do h�r�by c�rtlry th�t th�w�tnin In�vum�nt or . �;, wrltlnp wu ncdwd and ncord�d In lh.Dook of �,;, ���. ncord�o(uld tountY. ��- S.py, '1:� DDHK, LLC ��-�'°^ t���j'' 12604 SW 60 th C011I't J�rry R H�nw E��'n�°o County CI�rSin"�d T�x�Uo�� Portland, OR 97219 AFTER RECORDiNG RETURN T0: DDHK, LLC 12604 SW 60th Court Portland, OR 97219 �- STATUTORY WARRANTY DEED iv '� Dennis M. Horton and Elisabeth A. Horton, Husband and Wife, Grantor, conveys and warrants to � DDHK Ventures, LLC, a Oregon Limited Liability Company, Grantee, the following described real propert , free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon, 1 � SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF � � �(f!%i.11r� , __ p'-'=-4�����.� WASHINGTON COUNTY T � REAL PROPERTY TRANSFEH TAX F� �r`�t��,-�i�_ $���•oo _�_t4'p�_ �', ,. �a �.,.:.:� ,�� ��• Subject to and excepting: �t,,..;:,Y:;;s FEE PAID UATE � "" '�`—''__ � Those of record; covenants, conditions, restrictions and easements of record. � � THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF �--� APPLICABLE LAiVD USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY ���� PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS 5225,000.00 (See ORS 93.030) DATED: January 9, 2003 ' �_.¢�__ � Q..,.�.-�:. �.�. 1�v�/Lc,-.,L Dennis M. Horton � �/L./����_l� � ����zL rlr1L� Elisabeth A. Horton STATE OF OREGON COUNTY OF Washinqton ._.� _._ __ -_ __._ 'o?- OFFICIAL 5[Al KIM H SMI7N This instrument was acknowledged before me on NOTARY PUE3LIC_oHE�c�N COMMISSION N(� 33o9tio Januarv 9, 2�03 MY COMMISSION EXPIRES SEI'T 19, 2i)oa by Dennis .,,Horton an isabeth A. Horton � NOTA PUBLIC FOR OREGON MY COMMISSION EXPIRES: FORD-313 (Rev 2/96) STATUTORY WARRANTY DEED ,Escrow No. 09-9000501-KHS-28 � . Title fJrder Nc.09000501 2003-6237 EXHIBIT ONE A tract of land located in the Southwest one-quarter of the Southwest one-quarter of Section 2, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, Oregon, described as follows: Beginning at a 3/4 inch iron pipe on the line between Sections 2 and 3, being 1305.0 feet South of the quarter section corner common to said Sections 2 and 3; thence South 89°47' East 218.54 feet to the Northwest corner of Tract II as described in Contract recorded February 22, 1978, Recorder's Fee No. 78-8552; thence Southwesterly 86.16 feet, parallel with ihe Northwesterly right of way line of that tract conveyed by Wilbur Bishop, Jr. to Harry O. and Geraldine M. Wahl and Leonard E. and Genevieve Wahl, by Deed dated September 13, 1978, recorded September 18, 1978, Recorder's Fee No. 78-41338, Washington County Deed Records; thence Northwesterly, along the said Northeasterly tract line, 66 feet to the most Northerly corner of said Wahl Tract; thence South 33°15' 17" West 234.0 feet, more or less, along the Northwesterly line of the said Wahl Tract, to a point which is also the most Norihwesterly corner of the said Wahl Tract; thence North 3°00' East 235.5 feet, more or less, to the point of beginning. Excepting therefrom that portion thereof described in Memorandum of Contract recorded March 30, 1994, as Recorder's Fee No. 94030603 and described as follows: A tract of land in ihe Southwest one-quarter of the Southwest one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, described as follows: Beginning at the Northeast corner of Lot 3, MELROSE SUBDIVISION;thence, leaving said subdivision, North 89°49'36" East, and along the South line of that tract of land as described in Recorder's Fee No. 85-50752, Washington County Deed Records, 139.47 feet to a 5/8 inch iron rod and the true point of beginning of the herein described parcel; thence, continuing along said line, North 89°49'36" East 79.08 feet to a 5/8 inch iron rod; thence, leaving said line, South 33°15'17" West, parallel to the Westerly right of way of the Pacific Highway, 86.36 feet to a point on the Northerly line of that tract of land as described in Recorder's Fee No. 7841228, Washington County Deed Records; thence North 56°44'43" West, along said Northerly line of said Recorder's Fee No. 7841366, 66.00 feet to a 5/8 inch iron rod; thence, leaving said Northerly line, North 33°15'17" East, parallel to the Westerly right of way line of the Pacific Highway, 42.79 feet to the true point of beginning. Together with an easement for ingress, egress and driveway purposes as set forth in instrument recorded March 29, 1994, Fee No. 94030602. �� . . .; We:hlnytoi ti,Oregon 2003-006238 � � RE•�ORDING REQUESTED BY 01114/2003�,.�5:56 PM I� Fidelity National Title Company of Oregon °'DB8 ��•� 8tns4 A DUYCI( 510,00 56.00 511.00-Total s 52J.00 GRANTOR'S NAME 00242770200300062380020020 GRANTEE'S NAME �.��RYH�n�on,DlnctorofAq���mmt�ndT�z�tlon �nd Ex•ORlclo Caunty Cl�rk for W��hlnQton Counly, ��(^, DDH K, LLC o..con,do��nby t�rtly th�t Ih�wlthln In�trum�nt of � wrldnp wu ncdr�d and ncord�d In t,h,booM o! . ;�� ncord�o!nid county. t I (�`��#•�M`+ar �4? SEND TAX STATEMENTS TO: J�rry R.H�nwn,Dlr�etor�l-Itt���immt�nd T�xatlon, ''' d,} ,��Cn"/ DDHK, LLC E■-0m�ioco��cyci.� 12604 SW 60th Court Portland, OR 97219 AFTER RECORDING RETURN T0: same as above STATUTORY BARGAIN and SALE DEED '� Kelly Koch and Jennifer R. Davidson, as tenants in common, Grantor, conveys to r- � DDHK, LLC, an Oregon Limited Liability Company, Grantee, the following described real property, situated in the � County of Washington, State of Oregon, '`J\ V r SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF i � V i i� r— J THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF ;= APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE '..;> PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY �� PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST �' FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. � I - ��� THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYAN I 50.0 ee ORS 93.030) { , , � K y Koc , . � � u-� � , � L,�i Lr=,.2A�C./ nnifer R. avidson DATED: January 10, 2003 OFFICIAL SEAL KIM H SMITH NOTARY PUBLIGOREGON STATE OF OREGON COMMISSION NO. 336966 MY COMMISSION EXPIRES SEPT 19,2004 COUNTY OF __Washinqton This instrument was acknowledged before me on January/3, 2003 by Kell Ko h and ennifer R. Davidson � �� NOTA PUBLI FOR OREGON MY COMMISSION EXPIRES: FORD-309 (Rev 2l96) STATUTORY BARGAIN AND SALE DEED . . Escrow No. 09-9000G45-KHS-28 Title�rder No. 090006�5 2003-6238 EXHIBIT ONE PARCEL I: A tract in tf�e Soutfiwest one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in tf�e City of Tigard, Washington County, Oregon, described as follows: Beginning at ttie one-quarter corner between Sections 2 and 3, Township 2 South, Range 1 West of the Willamette Meridian; thence South 1305.0 feet to a 3/4" iron pipe; thence North 89°48' East 218.54 feet to a 1/4 inch iron pipe at the true point of beginning of the tract herein described; thence continuing North 89°48' East 64.81 feet to a Ford Axle in the Northwesterly right of way line of the relocated West Side Pacific Highway; thence Southwesterly 122.0 feet, along said right of way line, to a 1/4 inch pipe; thence Westerly, at right angles, 54.0 feet to a 1/4 inch iron pipe; tf�ence Northeasterly 86.16 feet, parallel with said right of way, to the true point of beginning. PARCEL II: A tract of land in the Southwest one-quarter of the Southwest one-quarter of Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the City ot Tigard, Washington County, Oregon, described as follows: Beginning at the Northeast corner of Lot 3, MELROSE SUBDIVISION, in the City of Tigard, Washington County, Oregon; thence, leaving said subdivision, North 89°49'36" East, and along the South line of that tract of land as described in Fee No. 85050752, Washington County Deed Records, 139.47 feet to a 5/8 inch iron rod and the true point of beginning of the herein described parcel; thence, continuing along said line, North 89°49'36" East 79.08 feet tq a 5/8 inch iron rod; thence, leaving said line, South 33°15'17" West, parallel to the Westerly right of way line of the Pacific Highway, 86.36 feet to a point on the Northerly line of that tract of land as described in Fee No. 7841338, Washington County Deed Records; thence North 56°44'43" West, along said Northerly line of said Fee No. 7841338, 66.00 feet to a 5/8 inch iron rod; thence, leaving said Northerly line, North 33°15'17" East, parallel to the Westerly right of way line of the Pacific Highway, 42.79 feet to the point of beginning. � � _�-__--� �.. ---.�.�,.��.�„�,�- _ --� - ---- - - -- /�'J��/►') �..�..'Zi�ia,LS°^!�T^r�a�.:1� �'�:M . . •: . . �.-,�-.-,.4� .•...�_.�s�a.-�'q�+`Y�'.�s�4�y.�.1'-'��"... L-- — G�3�/t.i LL�G.� _'_ �""�V8".�4'L�v s. --r- ��-�..-� �..�,�Tt r..3' . .�l.,`tiYiuM�.lA:! !dN.,.Y.�,•:° - . - �--»i.K-r-a;.r+.'-;� �� t � ���i �.�l�i��� �J''�uw�UL.����i�AC+.:= - _----��ss.a=_'— , �ti .4��[�KMt��Tf;SX.t:�C`l�L:.'v.::= __'�.__�_ _� �/�� T ;.;;,���. 'Aftar recordfas. Pleue raturn to: � , . -j sc.n s. Yocecberg _.� '�� Creale�� Qotrobera, st a1 °'�7 'w lZI1 S1F Fifth Avenn�. 30ch Floor .. . �'=.°. f� Portlaad. OY 97Z04 ---. =� � __ :.,� .s T�i� bdr+ ment ir enLerQd into and �!laotiv� - �� , 1994, by and batwean Tsd end 9nlen 8. Gena � ("Grantor") and aulins 8. Luty (°GreAte�"), _ � � RS C I TALS: � ' -- �� t -- - � � J1. Grantor, Sa th� ownar oP property deecribed ot� ths -�� _ o attachad Exhibit ��J�N and herafnatter relerred to ae Pnrcel ��I,° -- -, .., �*. :� ; � m H. Grantae ia the owner o! prcparty aaacribad in tl�a �W attached Exh=bit "H," whioh ia immediataly north and adjaoent to j� z Parcei "i" and is hereinalter describad as Parc e i ��I I,� �' :5:�� 2 iy .. }D a t ta a had Exhibit nCSnawhich is adjac nt rand i�di t s i y w°ft t o= '� �.�� �r= '- �� Parcele I and II, and is hereinaPter reterred to ae Parcel "III." �;�' Y�' �w D. Grantea and Grantor daeira to obtain aa Eaaaaant tr� + '��`:• W a crantor tor tha purposas o! in 5�` `' �� "ZSw and 'iIS," respeatively,�ess ar�d egresa to and lrom Paraeis ;�_ a ;''�` �° Parcal MI" for tha baneri� o! Pa�rceis=I':da"=s=M em=,rna�rs�°t�eir � �? tenants and quasrta. I��'� '''/ f. „V li�i- •'•'` ��`� N�W. THEREFORE, i� conrideration oP the mutual covenante and J, . c:c: ,;• '��' condlt one containad herein, and a Contract ot sale dnted . ,-; ;:� • 1994r =T =g AGRfiEDt `� !: .: 1. Grant nP Eesement, �{' Grantor, hereby qrnnts en irzevocable, non-exclusive Lasement to Grantes and �rantor only for ` _ tha purposac and in tha areas described ae lollowe: ''� (a) For the purpose of ingress and eqrese to and from � Parcele ��SI^ and nii2,�+ por vehicular traval over and acroea the '���'' drivevay (described bolow) ot Parcel ^I.�� y'r". Z� ��Y• The Eaaement sball be located within a �� drivevay whiah commencas with a curb-cut locatad along the most . - northorly portion o! Parcel "I'� adjacent to S.N. Pacitfa Highway as y� is approximate2y pictorially delineated on the attachad Exhibit "D" � ("Drivevay"). �,� ���� fa) Th� Driveway continnea in a westerly diraction from ��� ��; S�W. PaciPic Highway, zunning parallel to tha most nort2ierly �:�.' p operty lina oP Parcel I and havinq a wfdth equal to tho distanes between the north prepertJ, line ot Pazcel "I" and a poir►t vbich is approxiaiatnly parallal to the curb-cut on t2u south afde •;� = of tha Driveway a2ong B.W. PaciPfa Niqhway. =,r :��- Paqe 1 - Easement ,a ►�071u�a•at 2'� t �-r . ,�,�r,-�+ . ��: a ��"' .''. SJ�Kf.� J . 'h 1 n�,� .`. C�r.TJ J .. ;. . . / � ' ." , ' �•��� ��j,� l ��*S�"�',r�.l.�� ,f.. �-s -` .. / � ... - f ' ' ' / , ����'~` r _.W ���� ����y� 3 � �... �.- ' . i ' ��4 fr ..�:^ „� ' ���1'K���'�' � `-' . �� _ �� ���,� F �'! .,�:s 7� �§.✓ ,;� �.... 'S, _ . � .. . . !:�. � . �1(1�`# ^ f� .�:.�.� �ti.r � s �ur,� y �.. i r .� T i o`l a��:ti, ��C.�r i�iy„�'„M+ i r , .��' , . . .� -.L�3� +>..���f� �.y .} _ � � .4 ��w• —ny r,k'..`.t'�t� �.J��C•r�a2 ��.; .. - . . . / . t' ya��io _ ��rt�w.y ���+�,� -t�'.� �A � '.i � i� tf4�Iw��r''�`-�, � .�.i'�1411�.�YCI,AR't r/ ��-�1 '°' ..`"£a'''tr 1�ll!i/ T��J' t..!• 1t . ' � . . '�•',,.���ra.' . �� ; ..q� r' . - -r �e. '�;�: �, �„N ��_ _ `�F14'���r''�°��,�71�,�C+'�'� � i i � �L � �t �f�i. - ,�) �itj .a! �,,� - M�; ..,.:,. . . „! --- _ -- --� _ _.. . _ .. — ',"� _- .. -.•:�..,�. ... '. . `-. . � i �3 .,_'..^'^' _ .. . .__...__ ..... . .. . _'_' ' '• '• ...i�.�....... .. . _.�?�:!ns...±!rr..ssy�!�l;—•�.�+,e'S*tFi}-�r��.saa-r. '�' ��— --.�.�v„'-- - --� �-".:_tv�Crt1�� �L'�-+^"'� r .t�� ��-+��� � -�. "qs�'iCs` "�^L'F`:..{.�a,�, l�. ' -��_-i-�-'Y�'�` _7�� i{t,y,�i''���� i* '.� �?,�`,� .:�'Y�y.,`il.���- y�n ..."�`� =..s'Y ^ ...� -�_ __ '-2 � ��Ll t`C �h�=�k�.�, .�'f�f�.:.,�.c�'N�� .s==�. .. .._ _" ._"'"' ._. _.�.' - .r���. ..�.T.z�fuJ:£ata��G'���-�-v.e�aaa . .. �� ' � . • �i� �.s • _� 3. Maintananae ef Drivevev Grnntor and Grat►te� eqre• to _� share equally tha aost o! th4 onqoing maintanance, upkeap and z�P���' o! th• Drivavay within th� Easam`nt. (a) Ia ths evont 3rnntor or Grenta� maka� any r�asonabiy necnssary rapaira aithin tha Easemant, tha othar party shall reimburoa th� party who mado such rapnirs !or on�-hai! (1/Z) ot any � �� costs raluted to suoh rapal.r� vithin thirty (30) daya ot �ncoipt o! - '_ an ir�voico apaailyinq th� netura of euah repnirs. Any �uoh aoet4 = - not raimbursod within tha thirt 30 da -' ' intareat st the rata ot twaiva erceat lZ; pariod shali sacrua __ _ dat� such costs wars inaurred until { � �r �� i� �O _ paid. �- :, ; 4. �oa�a�tion. 6rantor and Grantae agrea to cooperata vith - �;Y each othar by raquirinq Grantor and crantaa, and thair t�narts - �-� employees, austomers, invi�aes, queste, agente, ata., to r�frain �`t'� fros (a) parking vehiales in the Driveway which would hinder the - .:� rre� llow o! tratlic ta and tron Parcols ��II" and "III" and (b1 tha ':;;+ impropor parking o! vehialae in desiqnatad parking spec�s on aaah �� � . oP tha Parcels. ;� ;�' �;�. .;>:; 5. Mlaaalianeous. In tha evant Grantes constructe �''' ;.• improvenetfts on Parcal II �.: r:�: aurfac� ° " !°tb°r than th°s� nacsssary !or th� �,.... parking of vehicle� thereon) or Grantea uses Paresl II for '" ;� storage o! aity kind (excluding the receipt o! normal shipmants), �' �r, this Easement shall automatically terminate and Grantee sha12 have �,. no further rights hereundsr. ;��; : '�:A ?'' ':=a (a) Grantea acknowledges that any such improvemsnts ; wauld causa an werburdeninq ot tha Easement. - =..� (b) Within sixty (60) days of the raoording oP this ::� Easement, Gramee ahall place a aiqa on Granteefei�prcpQrL•y, ��• ;:;;, reasonably approved by Grantar, identifyinq the park area on '` ��' Parcel "iI" !or tennnts, contractors, invitess, aganta, etc. The .�� , sign shall alsa warn against parking vehicles on tha Drivsway aad ;�;- t.hat violators trill be towed at the owner�e expense. such siqn shall ba maimained b�. Grantne in reasonably qood condition and '`� rapai�t for as long as this Easement remains in etlec�k. � ��: s. ettnrnev Fees. In the event suit or actfon ia instituted �,; by eitber party hereto in order to interpret or entorca the tarms �; � hereoP, the losinq party shall pay tha p�tevailinq party i� ':'� � attornay lees and costs as awarded by the court at trial or upon � any appeal or reviav thereol. � 7. S±ndina Efga�t, �is Easemant shall ba binding upoa and inure to the benetit of the partiea, their heire, snccesaore and '� assiqna, shall run with ths land and shall bQnafit Parcala pII» and `� "IIIn ar� burdon Parcal nI." ' pa9e 2 - Eaeement .� `� ; 1�071����NOt i r..:. .� ��� ! ���.�y����� �' ��" 1. .., � . ./ .� ' . �� _ ' . . . ���� , �� �� �tVt�� � � , ' .. .. / . • / � • . . . �.Y�. 3:.�r{�-`:� f4-�'' . j'•I , � � ' � .�, �l e ���L'�i� ,i . , � � � , / z i 'jr rs�n �� . • , ; .... �� !�s'� �._i h ' �� �.:. - � � �. =:.�.c Tz` '�K�� i , , . . • ��+�f , �(�i � �i!"SY �`L t 7�1 r;: �l.. . � � . . . - Y t l�{R��-.Y���' n .. . . � � �' . - �f���' ' ■ a� 'S•'1i n�:-e 1� •. .� G . �' . . � . � :N,...!!!yyy...$ -� ''- .a. v �� � i.. . . . . � . .�{. ��,, i : .: '�����,,ye,....�� y- r/ . . . � `�5, �� - ; `� 1 1�`('�.'�{L��nl�: .. . � �. ..tti � -,�� I + � / t d�� i .�,� fr. r "� � .�sa,-�i��''��'�f i� ` .� , ' '��i `• � s .���4 �.F +Y �. r . �.5� �.S. ���� �.. �.--�3'v��.�,_Z�1 Y � V�?. } l.` ..��`. y 1 �i _•s. :��'..�3��Ct�� ' �� ..t'x . ...� +�en+`,s`F-•,t�4"�rc�j�J}Lr»'11�s4. �x � � �.1 . �_. .. . �,_r� ���,-.. � ti#ti . ��oc��%�`-�7,�.,�j. _ '- °..' �'�'`..� ��-?. � .. . ,1• _'_ """_ _"'_"" - . '__'"'" . ' .. .'N(��,;,.1Q�+�'..N�e.. .,. ,. __ . , . —.1:�.- -.__. _.._.._- � __ - -.- . . 7�•. . .. , - _�_"_.—_ ..... ._. ... . , . .. � . ._... . . . . ._.. . . ..� _ . r _- . _. ._,�iwr.k.....�.... ..., _.-- - --,e---=� ---_- - -- "_ -- ' ,. ��::.�.�- . -.�+�...+.�;��t.r'-�........�—s—•..r.-!r'a_ --. � +t . _, ..,,,�:.�.:�;_. ��9P�.. .���ie i: ����w.�.'ti.....__� _ - �.l1r� � tiV... ..11 �J'�.'.d�� l.JJ_.i , -�q 'r'_ � =_-- -° - - -- - . -�._ _ . ---�=� . • -- �� • • •`-�f r • ='.7 . N 'fii ass ly _�.Jy . ..:�.�l�fJ _. AID�II�B,�. Thi� Ea�amant sAall b� amandoQ only by and �" iristram�nt in r+riti»� siqn�d by Graator arfd Graate�. �� � .^� Zt1 NIITNE88 WiiEREOF, th• partiu hav� ax�cutsd th{� ���a-st =• 't�ectivo �0 6ato and yaar lirat m�ntionad abovo. _�� GRANTORs = GR71lITSE i ,/,..�' ��. . �-� F. � T�d' sno Peu ns B. Luty ° ° �i�r/! E _ - H�1oa s. car�o - ���ro� �. ST71T8 OF�CfiBGg!}- ) ,r :��� County o! /rKl� �ss. � I ;,+•: � Oi'� thio � day o! U t h 1994 y�"a'n:" � �� � � Paraona2lY apPf� "'�. ;,, Ted ciano, who, being du y svorn, acknovladgad th• for � ;►x�••. ''_ fnstrnm�nt to be his voluntary act atd deod. �w:•.,�' � � f •�`:. .i.'��. � NotarY 2 0 0! Ox�gon••.- . ., p c u. 'r, �;� f3�121V�} MY Coma�isaion Ex� te s`' �r.h���';:` �`'•� 3TATE OF �9$H9pp j 1����yR� . county cr ��,���a�• .. On thia �� day of aIC-I'� , 1994, pQreonally a �arQ��.,�::... Helen E. Gar�o, �o, b�ing duly sworn, aola�owledq�d ths fo o'�'Q� ' instntment to he har voluntnry act and deed. •,;e��.• _ �i C . '� �`..^ ':'a�'. � � Nctary Pnbl a o! Dragon ...'�'� :-^ • i.'� My Co�maission Sxplraa:�MT i�ut sTAg'eE: ;�,: !Il`lENIlfflOF I�}J0.t •71lf ST�TE OF OI2EG0� ) O4Dt'D 1lldCt�tR1C I7fS.:•��n " County of`����es. . . •'•" On �is ��ay o! , 1994, p�rsonall a Paulina E. i.uty, who, bein Y ppeared f.natrumant to ba her volun ry act and� acknowledged the loregoing -� o�icu�srx •' o.�w�n+e wiaR�s N07ARYPUgUC-DREflOH Notary a ot or on My C csion ExpirQa: ,/'-,/,� �:r YY OOf+un�a O�N E�icP�� _1;.LL�z7 i � - Page 3 - Easeaent 21 tban.a..«M -1 ::;;'9Jle��s+�:'�,f�, ,`4,:_�j T �iM J���'�' .:.i�'�%.4.�.t:,..�s��,�a- � �i L. �Iy . '' . � { ./ � 1 . . .. _'' . . [ �� . •�� �� "C►ri^ T �� . � ' � , �.. � / . � ' � . .�N ��� - r � jr r 'i. �..j}P.�]r �} L ... .. � . . . '� . . . � . � ' . . ( •/ 1 f . � 'J ,a�r�-',r�,1';'' _ _ ;�;:. � �. .�: ' . � ' . . '��. ,�1�J�r�r .. . ' � v . . , • .. �y � � ey� 5 � .=i1�`1 V7'• 4 �ti � 1 � ' - ' � . • . . / . . � �. . .�� �rk�� �L � l � . . r • , j�� :.s'Il .�� � .! . � • � .. ' �. . �!:�rj C. i ,�,�.. _ , . . � ... :a ' �F�-'��3'�;`y ' - . • , • / f i:!u'i.�� ,; �- Y,:GG- c C S. . . .. � . . :rrY::,i,�!� ��.� r�i»r ��� � � .. • � ' . . . . i tic.:i�. '�"1��.3fGZ`�'�=f' � ( /. � � ' ' . . �,.�±��1. 7 f!� - 3�ny��i„'�,,�� „� `y • . • r'i'L&�;i'. ��M ���Ly.k r . ' . �.. � . ��i�` �L . � 'r. ���roRCy'T' J � .��t . . - ' . ' . ,' . .. . . . �1{.r , ��ltiw �ft�` - �1rtiMCf�l tf t L,.� 1:• . . � . _ . . . .��-���_.1• -....�. �1.... .. � � _____ _ ._._._. - . afL:.���'�'�.����.� . .�._...� .�. . •y(W�'/.3'' _+.4 .�____ ....�.___'___ '_ '__'.__. .. __.. .. , . . _,.. . � . ._ �� wY�..�.... .. . -y�r;�:.a,�. K� r r.'^r� , -c.r.`.a ;T.�F yr ���V ��c-�ti,. x ..�i+,�.-- '- -� _"n� � .aCIR ' '�-'^ 7 �'^_*+r� .�l�aiv���ic� ..i.ys„s.,•.__.:. __� . .. �-.. kL� � {,��f��y��yy'� _ " - � 1-.at��rti..�r'����l7}''�``�je, t��� _�u�i�r � ���i;^'l4SF`��'d.i�T.w.r:�x.� . - •�.s' �w., f�,? '1 r { �y; �:a• y _-• �!16nft2�'�_�� �. -'_._ ..7T,i�,w��' ..s,�j� I' �`r'r � j�°' .� �'.�.r �"�.••_.�''A'a, °?ir^��vtil�k'RY.r`�"se+�a-'ae.-----�-- -. ___ i.� �� , I _.� � .--�� ��� ` 1lsbibit x11�� � � � •=; A traat ot land in s�ctioa 2, Tovn�hip 2 eouth, Rspq� 1 " , weat, willametta Keriaian, in tho caarity or xaohinqton � _ and Stata o! orsgon. Seid traat e! lead b�irfq mot� particulariy da�cribed ae follows: � �;r� � Commanaing at a point that baers South 170a.0 l��t and '��f south 03'03�42 N Wsat 389.78 ta�t lrpm th� p�O��prt��. .;;�� corn�r ot said 9�atiott Z, aaid point o! b�q s also __ � tha Southvest corner ot that trnot o! land oonyay�d to Wayna C. R�mbold and J.B. Biehop doinq btuin�� �� -� ��:�j Rasbold-BiatroP ptopartiaa, d�acrib�d ia F�• No. 78-85Z�, "'-• WashiriQtoa County D�ad Reaordst thsnce tioa� said point o! b�Jft�lMJ Bouth 78'40�28" East alotiq ths 8opth lin� o! � '�; said Ranbold-SiBhop Traot a distanca o! 43.4a la�t to th• ,;,cc b°�J tt►� int�roaotion o! th! North lin� ot 9.w. Hatkin� 1►vanue a�d th� Weat line o! Pacilia liiqhwey q�rtj th�t�a� �i��; North 33'15�17" East aiong tbs Sast 1 in� ot tha said '��; Rembold-Hishop Tract a d3atanaa ot 354.77 faat to tb� •;. ^s Srnrthaaat corner af that tra►at o! las�4 conveysd tp ,T.A. .. `"-,! Dwor, and Dorothy Devars, hueband and vita, d��orib�d 1A � ,�`�4 Sook 733� Pe4n 31, iPaehinqton Catnty ReCOrds! thenc� ;;:. ��.�'` North 3a'44�43• WQSt along tho 9outh lin• ot t2u faid 4:;:. Devsrs Tract and tlie�icrtcriy Q�sioa o! tha South lisa ,"�'s�� a 8istanc� of 120.0 teet to a :'�, 33'15�17„ Weet p�ral2el to tho g.ast lino�o! s d Rembo�id � Siahop Tract a dista�ce ct 236.0 fnnt, mora or leao, to ;�,;:. th� wast lia� o! tbs said Rembold-Sishop Traatf th�nce �: ,:� � South 03'03�42* West elor�g the West lfne o! the said •? �'�i Reabaid-Bishop Tract a distance of 135.0o Psat, more or ,.-,. ':� ines, to tha point of boginninq. ':'s :j` z -Y�y. ` f .�i � :� � Y . iu.. .,: 7i'i �ti: aZ- :i: }�' � �� -�ii +� - � ^�.�.y " _ � ;�ti �;1�. ' ,; �c - , � � � � ^. "�t'rJ��7__i.J� fi� � �� 4 _ _ �� �� . � �, �� i�. .LO. y�, �����Y C�� - . . .. �. /- ,��` . .i T / � ��A f4t�1 '• �7' ..•. /�L '1� / J" � - r.�l'�a �� i J...'c" �_ �c�J�Ft:.t K . ��'�at � ' . 4 �� _ - � �`��� �;�'s `l.r �7S l�Sr;'ti � � .� �'�'" � T'r !. i - �w�y�. „yiy,,,, . ,t���, � ��:, �R+ af _ � �..� . �.r c'i �_ : .�� �-w • .4 � - i .�.k �j� _ ✓r aa;u.i � `��M��.a�� h�'-b .1�F5 k ( - i —�,`�,��{�? �.+`k�-'�--- l`K�� � . y r�� �. .�` .e�� ' �v 's 1isF;.'Y,. �tti.(� ���S�F,y�.t..`"�i�V �1ti�fh� ' l. •� A /� � J�.:<< ...vk "M1/ L St 3� �� �Nit - �. . : r .i- w. __ --� � ��f~'� ' � ,� � � � .'f�� � ''S:i" i ! � � U .�ti i��t ,�� �t' ' I�, � �.�I i •� t --_- =�--�a-�'�.��' ' t ° ` . . �' ' �;=?� " 'r t a� �I s i /-' � . „0.-ti r � � _ 1 T�� � -- _"'�„if�i` i'�; ,�..,�7 � . i,� IT r �tr n•q.� =-� -s �.+%+vs..¢,o�'�;y���.y���ri ti -r -�''}'t.' s ...a" t y; h : , �{� ' E - . •t.��: '_"'-�"A-. .-_ _ _ �. - __ � _ . . . . ..: __ .^ _ _., _ _' . ., ' .. . ....Y. . . .�:,....,....._: . . . -- . .-__=---_=—= -_- - . , - --=x�sri�•ttte,►1;^. �.,.---"_ __�==='—__.-----__-- -- _ - 1__. -- — •�'►,'';t-�:; :,,.::.7�.,.�.,� -�----=_-_ .—��_ - _�..:n�=- _�.a i�- -: ,,t�.;.,r....-.•,. • _� ' �� � --'-�'�r�.:..r:«i}q,y�:.11Y'm:,�{"'`,�.aeliii.ie�`�;^��II. �_.�. ' _: Ord�s No. 93074185-iP � :! Es6ibiG pa• _ �': PARCPb IZ , ----i _ A traot o! land ia th� Southve,�t Ons pnaster c! ttie sout�aest ;_ on� Qu�rt•:: o� YV�r�o» 3, .Tor.�ehtn 2 South, Ranqe 1 I9est ot the ' -=:: 9�illam�tta Asriaian, Cltp oF Tigard, Waebington Coaatp, Oreyon I desaribed as lollosni '� Heqisus3nq at the Nosth��st oorasr ot Lot 3, o! 14ELROBS 808DIVZ8ION� tliena� i�aoiaq eaid subfliviaioar North 89"49'35" o �ast, snd alonq the Boutli lina o! that tzact o! la�ad as - d�aorib�d !a 8�a I�umhes 8S-S075Z, Waehin9toa Connty aeed - Rsaord�, 139.47 !��! te a 5/8 iaoh Iron Aod nad tku Tru� Poiat = o! b�Qianinq o! tb� hareia desazibed psrcelj theaoe coatiauing - alonq �ai4 line �torth 89'49'36' Eaet, 79.08 teet to a 5/8 iach �� iron Rod� tbeno• leaviaq eaid lina 8onth 33�15'17" Weat, parailei .'��� to bhe aesterip Aiqhb o! Wap iine o! tha Pnci�ic 8ighvay, 86.�6 ;x�,�,r4 leat to apo inb oa bha gorthazip Liao oS that ?sact o! Land ae ;.r�s'� de�oribed ia Pag liambes 7841338, Washinqtoa Couatp b�ed 8ecordss rr��, th�na� Nort2r S6 44'43� Nest, aloaq aaid aortturlp line o! eaid -�•��' F�e Numb�r 7841334, 66.00 lssti to a 5/S iach =raa aod� theacs r�''�' leavis�q �sid porth�rly lin�, North 33'18 19 8art, ''"*�r`` ' " pasaltei to ;;-�„�:; th� aeateriy Riqlst o! �9a! line ot !�e Paeitio Highaay, 4Z.79 :,��t ,r"r l��t to t!u Tro• ppint o! Beqianing. 4y� . r. Y,. �� i�"� ` �i :� �, 4`� � i •�r. f,�j 1. 1"'1'� a•,'!�� • �;;�i i�.f� - y T.'; �■'B:l�j j 0.�� b� I �r �� �'� ,-. ��, . �'y�� � �;.,.,� ���� �.:L'ti ���rPi'�����r � � ' . � � .! . � . .� f • .! .i ' `�� _ �.+J � , .� ./ 7 '�j � n -,� �_�. ���i'"f(�'r''r^/t� v'i' `� / ' .. .'�� :" � : '% � �. � � _ � �f r�l i J r . . .` .`,' / .� ' . : , ,.,SA �..�-��. �j J � �' �rs-r��1+s}�h�eP.{<<n..� " - `� i_ . . � �.� �/ • „ �1," .-' �'}�^��T- �`:._� c.i� ~ �� • ' - „'. ' ,��.0 � . ���'. / �..; '; ��.�.� .:�C K 4�rw"..��y,�t,r'li��1} � r �� �yw/.�ecr' �..i: 1 1 - ' � . `� . . j'+'� S+ S �K x ,F� � / . .. � �'�... --G�'„ M`�„�-��5?,:j�c k '� , '��� � . `? - ,`�'' +{��.''�,.c f3: r-�.�t't��?�j,�,l )' � � . � . �`�J1Y. iE��'� r '.1 �. . . / •. � . Z.Y ��ylr i.. '.�Y.vw� }S''�Yu��.)� � lE r , � � �, . II�G t[` ��s�. _'_. . . �''���.f..��CY�Y,� �f ;� �' . . `� �.J ` ,2'� . '7'�.�51 = � t' — ''_ .cy�y���"MI."ai`.��ii�j11 ��� - ' �-,!�� ' . .��' �.�._ _ _ �Y� �1L'; 1� YC� ' . .� ,r .H�Y � �v_ _- � �id`�k_y� a� '� � , . � ,�-r ���i- �r�•,n��9sF!'C1,;�'�r. !�' T .�� .` ' .n t� 9 f'^� `�R 'a._ +�!"i"'T�4��}1� � - . . ;t y s.� +�• c�rv,n � 1�},tr f ry'h � � ., �t , -y;.,�. � ;; . - _ _ .' ., - '4.� � ' t. ' �,�,, ��:_::..�•-- "~ ---�_ - � < � ��� ¢ L�"+���`_ . . . .. � .� ...����n....� ��. ...__ . ' -__- --'- -'. ., _ �_._ ,. .s :,- _�•—�_--�_•"_'_' - _ ' "' ' ""'" ' �.9 � . __—___= � ' -_ �.t„ �-w..., , _ � —--- - ^���i� �t.' r�� �,r .��ynf~ . . . . '— ���.�,��a�.'�'�':�`�.,,i n..r.-�.,�,��y � .T� C � '��= �. � y{� � t �,� �a' `� 1� - . � .v, ,�;�����, .h.__- � `�Y F . . . t' ��y� �( .�t �+� . �,.� • ��� • . •'1\ � . \. � U; ,� `Y.h1}�, 'y.}�^- �}� . `. •y r�n l \ �'l., ' � • . .• � 1 '``' , �� �+ �Y`„tD�,�..'rFa�.w� :1 ' !►�!Wa1.Y►�t�•'►!�1'V"aC�"'i°"4H+r�uYl.Y'�c��Y-yyr•(� .3 . H/��'�-: 7• � .� � • • � • ' =" �+ �shiblb nCp �^_ ''�� P,aB�fiI�7SI '�{- n- � A tract oi land locatad in th� 6outhv�ac ona-quaYtar of :`, ths southsreat or�u-quartar ot saction 2, Pownship Z Sout.b, �t�a Rnnqe 1 Weet, pillametts Reridian, Washington Cour►ty, 3tatn ot Otyqon, dascribaa as lollows: �`.� B�qinning at a 3/a inch iron pfpa on th� lin� bariaen '�''; �� 3�ctions Z snd 3, b�qiti 1305.0 ts�t South o! tha quaztar -='�' s�ction cornar coanoa to said SecLiono 2 a�d 3t thanc� ���` South 89 deqreaa 47� Eaat 218.54 foat to tha Northvaat �=' eornar o! Tract =I aa d�scrib�d in Corftract recordad �'� Febsvary l2, 1978, Reaordar's F�• No. 78 8552 i t2�ence `=i 8outhwasteriy 86.16 leat parallei xith the Northa�atu�ly �°£' �w4: right o! vay lfna ot tbo rAlocatad Soutlnrest Paaftio ""!� Hi hwa to a „,�� q y point on th• xortheastsriy lin� o! that �w: tract com►eyad by wilbur Bishop, Jr, to 8arry p. and �, c3eraidine 8. Wahi and Leonard E. and Genevieve Wab]., by ���'�' D�ad datad Se ���'� ptamb�z' 17, 1978, recordad Septembar 18, .�;; 1978, xocorder�s Faa no. ?8 41338, Washinqton County Daad " R�oordst tbu�c� Portharastarly along th� said ��`' Northaaaterly tract lina, 66 leet to tha moat Northnrly `I"+ corner o! said Wahl tract; th�nca South 33 Qeqrow 16�17� ��': Wast 234.o faat, sora or 1�es, alo� tt�a Horthwestarly '�'`';� lino Ot tbs said Wahl TraptJ thetscs North 3 dsgraes D0� East 235.5 teat, more or leas to the point o! beqinninqj TOGETHBR WI2�fi a 45.0 toot wid� strfp o! land for ingrao■ and ngreas purposes situated in sac�ion ], Totfiahip 2 south, Rangs i west, wiiiamatto M•ri8ian, city ot Tiqard, , Washington Coanty, Oreqon, beinq more particularly describad a• tollrnrs: • Tho Northoaatarly 45.0 of that tract o! land conveyed tio 8arry i Geraldis�4 Wahl and Lsonard and Gensvieva Wah�r racorded in Fea No. 78-041338, Wasliington Coun�y DaaQ Rtcorda, th� Southwaster2y line o! safd stxlp baing .��' parall�l vith th� Northaast�rly line o! said wahl tract; - LZCL4DIi6 2HE1E��O1I: A traet ot laad ia the Southwsat one Quarter ot th� 8outhwest ons Quarter ot Seation Z, Toronehip 2 Bouth, � � aanqe 1 ➢ieet ot ths i4iliamette !l�ridiaa, Citp o� Tigard. 4�ashiagtoa Conatp� Oregoa described as Po1loWSs ; Heginning at the Northeast corner o! Lot 3, of �OSS SIIBDIV'i8I0&t tbeaae leavinq said aubdivisioa, North 89�18'36" � East, aad aloa� the eouth line of that traat o! laad as � deaoribed !A Fes Iitimbe= gg-507S2� Waehiagton Caunty DeeQ � Reoords, 139.47 feet to a 5/8 inch iroa Bed cad bha Trna Poiat oF beqinninq of tbe 6er�in desaribed parcel� tbenoe coatiinuiaq alonq said liae Dlorth 89'49'36• 8aet, 79.09 geet to a S/8 inch " � tron 8od) bhaao� leaviag said lina Bouth 33'15'17" 91a�t, parailel to the aeaterly Riqht ot Wap iine o! tb� Paaifio 8ighrai� 86.�6 .feet to a poiat on the portherly Line o! that Tsact of Leud as descrfbed in Fes Namber 7841338, Waehingtoa County Deed Records; • thenc� North 56�44'd3" GPast, along said noztherlp line o! aaid Fee Numbsr 7841338, 66.00 feet to a 5/8 iaah iron 8od= thence leavinq said Northerly line, North 33�15'17" Eaat, paznllel to � the weateriy Right of Wap iine ot the Paoifia High�vay, 42.79 feet to the Trua Poiat o� eeqiassinq. � =��:.:i�:r::::��:,::;:��c:;�:;:�::.::,:�s::.:,,-...... . :::� - � -�- -,...- _ I �. � . _.::;;:tr�7:::a�%�i�c�:a;� - -... - • . , ./ • • � . • . . - • • � . , :.ti`. _ ' . - ,�1 r� , . , ,i r�..'�''� . 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" . , `_ :_ f,��-��.. 7I;7.:��� =��5'J . _ _ '--'• - - . -. -- �— .. .� . . ��_ .nv.s�YU-�'�F — � -��-•— — � . . � . . �_ ,i..__..._...wb�....i ...�.a...w c�r.+w..r�w... 1 / � • O N S U L T 1 N G ' 503.222.4453 E N G I N E E R S 503.248.9263 vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com Tigard Lot Partition Narrative Tigard Minor Lot Line Adjustment Narrative (Revised aFain on S/17/07) The applicant is proposing a minor partition to create (2) separate tax lots for the parcel located at 13545 SW Pacific Hwy. The applicant consolidated all three talc lots back in 2004 when they constructed the Oil Change Facility. The applicant is proposing to re-create(2) lots. This project has also been submitted for a Minor Modification for changes to the parking lot. Please see separate submittal for Narrative and plans. Chapter 18.360.050 Approval Criteria B. Evaluation criteria: 1. An increase in dwelling unit density, or lot coverage for residential development—Not residentia� 2. A change in the ratio or number of different types of dwelling units—Not residentiaL 3. A change that requires additional on-site pazking in accordance with Chapter 18.765 — No building proposed therefore no change in parking counz 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code—No building proposed 5. An increase in the height of the building(s) by more than 20% -No building proposed. 6. A change in the type and location of accessways and parking azeas where off-site traffic would be affected - The parking change is in the back of the site and does not affect off-site traffic. 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day-No change to traffic to and from the site. 8. An increase in the floor area proposed for a non-residential use by more than 10 percent excluding expansions under 5,000 square feet -No change to structures. 9. A reduction in the area reserved for common open space andlor usable open space that reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 percent - We do not have common open space. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscape provisions) below the minimum established by this code or by more than 10 percent where specified on the site plan - The site still meets the minimum code requirements for landscaping, etc. 11. A modification to the conditions imposed at the time of site development review approval that are not the subject of Criteria 1 through 10 above-No changes to the conditions. 1Structural Engineering.Civil Engineering.lndustrial Engineering.Planning.StudieslEvaluations•Entitlement Fiie: G:Acad206!206635�CORRESPONDENCENarrative-2.docx Page 1 of 7 Printed: May 21,2007 .gard Lot Partition Narrative Chapter 18.420.050 Approval Criteria 1. The proposed partition complies with all statutory and ordinance requirements and regulations — This proposal complies with the items noted in this Narrative. See each item for compliance. 2. There are adequate public facilities available to serve the proposal— The proposed two lots are served with water from the street(Pacific Highway), sanitary from the public line along the north property and storm from the 60"line on the adjacent property to the easz Please see the site plan (GI.0)for existing utilities. 3. All proposed improvements meet City and applicable agency standazds— We are not proposing any improvements to the site with this proposa�. 4. All proposed lots conform to specific requirements below: a. The minimum width of the building envelope azea shall meet the lot requirement of the applicable zoning district—No building proposed. b. The lot area shall be as required by the applicable zoning district— The minimum !ot area, per table in 18.520.2, designates none for the C-G zone. As noted on sheet GI.O, the proposed lats are as follows—Lot 1, 13,170 sf. and Lot 2, 11,586 sf. c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement— The proposed Lot 1 (front lot) abuts the street(Pacific Highway) with 122.3'of frontage and the proposed Lot 2 (Rear lot) is access via an existing 45.0'wide access easemen� See attached copy of recorded easemenz d. Setbacks shall be as required by the applicable zoning district—No building proposed, but see table 18.520 below for additional notes e. When the partitioned lot is a flag, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize sepazation from existing structures—No flag lot or building proposed. f. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within 10 feet of an abutting lot in accordance with Section 18.745.050. Screening may also be required to maintain privacy from abutting lots and to provide usable outdoor recreation azeas for proposed development. The proposed lots are screened Jrom the residential parcel to the north with a CMUfence and landscaping. They share a paved drive(access easement as noted in item c above) with the parcel to the wes� Except for the residential to the north, the adjacent lots are in the same zone. g. The fire district may require the installation of a fire hydrant where the length of an accessway will have a detrimental effect on fire-fighting capabilities—All existing utilities were approved at original building permi� The existing prnperty has the approved fire hydrants and access per the previous building permit review. There are no new buildings proposed with this submitta� h. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The existing 45.0'access easement is recarded per document 94-030602. See atlached copy. S. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation—See this section description noted below for compliance. File: G.'Acad206�06635`CORRESPONDENCE,.Narrative-2.dcex vage 2 ot 7 Printed: May 21,2007 _ .gard Lot Partition Narrative 6. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle plan— This property is not in the Floodplain. 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 partition and variance(s)/adjustment(s) will be processed concurrently—No Variance requested with this application. Chapter 18.520 Approval Criteria(Table 18.520.2} STANDARD C-G Com liance Minimum lot size None N/A Minimum lot width 50 ft. The site is triangular shaped and has a street fronta e of 122.3' Minimum setbacks - This proposal does not include any new buildings,but the existing building complies as noted below. - Front ard 0 ft. N/A - Side facing street - N/A on corner& throu h lots - Side yard 0 ft./20 ft. (Residential) Exceeds 100.0' to north property line Residential - Side or rear yard - N/A abutting more restrictive zone district - Rear yard 0 ft./20 ft. (Residential) The north property line(rear) is abutting residential and is screened by an existing CMU fence and 15.0' of landscaping - Distance between - N/A front of garage &property line abutting a public or rivate street Minimum Buildin hei ht N/A N/A Maximum building height 45 ft. No new structures are proposed, but the existing building is 30.0' at the eak of the roof. Maximum site coverage 85% No new structures are proposed and the existing building covers 14 ercent. Fi�e:G:'Acad206'206635'�CORRESPONDENCE`Narrative-2.docx aage 3 of 7 Printed: May 21,2007 .gard Lot Partition Narrative Minimum landscape requirement 15% Each proposed lot complies with the following—Lot 1 (23%), Lot 2 90% . Minimum FAR N/A N/A Minimum residential densi N/A N/A Maximum residential densit N/A N/A Chapter 18.705.030 Approval Criteria A. Continuin�obli�ation of Propertv Owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the city— The existing access easement(see anached copy) has been and will be maintained by the Owner. B. Access nlan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. — This proposal includes a site p[an (G1.0) and a copy of the recorded easemen� C. Joint Access. Owners of two or more uses, structures,or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, Structures, or parcels of land satisfies the combined requirements as designated in this title, provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use: and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the city.—A copy of the recorded access✓egress easement is included with this submitta� D. Public Street access. All vehicular access and egress as required in Sections 18.705.030H and 18.7050303I shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standazds on a continuous basis. — This proposal does not include any new driveways and the existing driveway along with the access easement have been approved by ODOT and the city as part of the bui[ding permit process in 2004. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. — There are no proposed curb cuts with this submittal. F. Required walkwav location. On-site pedestrian walkways shall comply with the following standards. 1. Each of these items (1-4)pertains to �:ew walkways and this proposal does not include any new walkways with this submitta� Therefore, there is no need to write a response to each item. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the commission for review when, in the opinion of the Director, the access proposed: a.Would cause or increase existing hazardous conditions; or—No new access is proposed with this submitta� b. Would provide inadequate access for emergency vehicles; or—No new access is proposed with this submitta� The existing access is 45.0'wide. Fiie: G:'Acad206`206635CORRESPONDENCEIVarrative-2.docx Page a of� Printed: May 21,2007 .gard Lot Partition Narrative c.Would in any way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. —No new access is proposed with this submitta!and the existing access has been approved. 2. Direct individual access to arterial or collector streets from single family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the city, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. — This proposal does not include residential or any new access issues. 3. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle in a street, other than an alley. Single family and duplex dwellings are exempt from this requirement. — This proposal does not include any new access and the existing access/driveway has been approved H. Access Management 1. 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 standazds as set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility.). — This proposa[does not include any new developments and the existing driveway/access is approved 2. 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 an approach to an intersection. The minimum driveway setback from a collector or arterial street shall be 150 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 by the 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 and 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. — This proposal does not include any new access and the existing access easement is approved 3. 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. —this proposal does not include any new driveways and the existing driveway is approve� 4. The minimum spacing of local streets along a local street shall be 125 feet. —N/A. I. Minimum access requirements for residential use 1. This proposa!is not residential and therefore there is no need to write a response to this section. Chapter 18.790.030 Approval Criteria 1. No trees are being removed as part of the lot partition. Fue:G:1.4cad206�20663SCORRESPONDE7VCENazrative-2.docx aage 5 of� Printed: May 21,2007 ' �gard Lot Partition Narrative Chapter 18.795.030 Approval Criteria 1. This proposal does not include any new driveways and/or accesses. The existing access to the site has been approved. There are no existing obstructions that would hinder the clear vision path. Chapter 18.810.090 Sanitary Sewers A. Sewers required. — Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. — This proposal does not include any new development, including sanitary sewer and the existing sanitary sewer has been approved. B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. - This proposal does not include any new development, including sanitary sewer and the existing sanitary sewer has been approver� C. Over-sizin�. Proposed sewer systems shall include consideration of additional development within the azea as projected by the comprehensive plan. - This proposal does not include any new development, including sanitary sewer and the existing sanitary sewer has been approved D. Permits denied. Development permits may be restricted by the Commission or Hearings Officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewer treatment system. - This proposal does not include any new development, including sanitary sewer and the existing sanitary sewer has been approved. Chapter 18.810.100 Storm Drainage A. General nrovisions. —The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water runoff have been made, and: 1. The storn� water drainage system shall be separate and independent of any sanitary sewer system. — This proposal does not include any new development(the parking lot change is being reviewed under the Minor Modification with a separate submittal), including storm sewer and the existing storm sewer has been approved. 2. Where possible, inlets shall be provided so surface water is not carried across any intersections or allowed to flood any street; and— (see note I above). 3. Surface water drainage patterns shall be shown on every development proposal plan. — (see note 1 above). B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforniing substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. - This proposal does not include any new development, Fiie: G:Acad206 206635 CORRESPONDENCB�Narrative-2.docx Vage 6 0(7 Printed: May 21,2007 � .ga rd Lot Pa rtition Narrative including changes to the existing storm drainage system and the existing storm drainage system has been approved. C. Accommodation of upstream draina�—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, and: 1. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). — This proposal does not include any new developments, including storm drainage and the existing storm drainage system is approved D. Effect on downstream draina�Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provision 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). - This proposal does not include any new developments, including storm drainage and the existing storm drainage system is approved. Fiie:G.'Acad206'106635,CORRESPONDENCE.Nartative-2.dcex vage�of 7 Printed: May 21,2007 ��h ; SCHOTT & ASSOCIATES Ecologists & Wetland Specialists 11977 S. Toliver Rd. • Molalla,OR 97038• (503)829-6318 • FAX(503)829-3874 SENSITIVE LANDS REPORT For the Tigard Quicklube Introduction: The Tigard Quicklube site is located at 13515 to 13555 SW Pacific Highway, Tigard, Oregon (2S102CC00701, 702, 600). There are existing buildings on all three tax lots. The property to the north is entirely developed. There is a house and yard on the tax lot • to the west, and the lot to the south is mostly vacant. The vacant lot is dominated by Himalayan blackberry and tall fescue. There is about 10 feet along the western property line that is undeveloped, which is dominated by Himalayan blackberry and tall fescue. There are no wetlands or drainages adjacent, or on the property. Most of the surrounding land is either blacktopped or has buildings. The property to the east is a residence or apartment, but there are no wetlands or drainages in this lots yard. The vacant lot is dominated by upland species, and does not have a drainage. ... 5 r �,� �1 ��f.. ��,�*. �. � . r> 1 F. i;:�� �' r�P'!f�" ,�.,'�;! ''+ � . �ri �. �a��. ..�.i.:T^..�' ,�•�,M' �{ `;� t�, ,.+��,T� ��`''�.. . �,,� � ��' r�l��.•����,i�/., � � ����r �. '�•��� � , �+i � {� ,� ,�w,�� ,� � _.�0��,.��.� �� �� f,.���, t, �rr°•�����+4.��1 " � , /� '±�,y� � '° -'��!:'`� .. ;r� � t :'��, '?��- �� �.e�, � ,. ��;��..:.i'' ;��..a:�l'';�,t :�� ..;.. �-•' . � �.�. �,��..� . � y,a ��1- . _ � r,�v � � �`�ir�•� � 'r �:�. �dE'�'�•' -S'� .,:'�_ � i� � �f �'C �`��y� • ��:.�' , ��.a � �� � ,t � � '� � .�r�.., I �t�� � .r ;.�° �.�Ft�1 .�� .�� - � �� �� � . � . `s r���!`.,/+dfr".'�a.�- ',�'��f'^ r�M "yt y.�,. , +a.r�_��r+ �'ti... ��' K�'.�' ' w. +� � i���� .� _.• .iG.r� � - I� aF ;� �� '+��, 4''� ,���� ♦ . �° C_r„ � . 1 { Y f _. . .X rMK! 'F��,� �Q ��`� .i`I���^;y�j� ,�Y��� 1��,�•���,Y ���`� ��� � •,.,�tt , �i��'�'Y'. �� ei3..-:.L� .t,.',"'1 �. +� s- Photo taken at Southwest corner looking north Schott b Associotes Quicklube Project 11977 5 Toliver Rd. Molalln,Oregon 97038 503-829-6318 CONSULTING • 503.222.4453 E N G I N E E R S 5o3.2a8.9263 vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239•4393 www.vlmk.com April 13, 2007 MEMORANDUM TO: City of Tigard FROM: Robert Leger, P.E. � RE: Tigard Lot Partition — Water Quality The proposed parking lot reconfiguration for the existing site will have no impact on the existing StormFilter water quality unit. Per the final Stormwater Calculations for Quick Lube (13565 SW Pacific Highway, Tigard, OR, Revised August 18, 2003), the StormFilter unit was sized to treat the full build-out paved contributing area of 14,500 s.f. Please see attached exhibits from the final stormwater calculations. No modifications to the stormwater quality system are necessary for the proposed parking lot reconfiguration. Structural Engineering.C�v�l Eng;neering. ,rdustr;al Eng�reering.Plann�r,g.Studies/Evaluations.Entitlement .J. h1...���..i f'..�:C..S�'�.ri1�:����J�:J���iC� I ^� � -_ . •'d"_� .�. ..._ . .....,...C.r .a,�, Qv�c.��' ¢F �<� � Zo3ao-7 � n���,Q,� o. �a .� p� Yv� or,� J7��,P,� �w d��.��� �� I � � � ��, �zy s� o.�,� ' ��•� �o��� , n1 '`� � -35 ��, !i�,'I o -�i C � ° ��� � , ,�ij� ;j�,�! �I � �u �O �.Q. 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'._.,_._- _,.. . ,_ ._. - ----------°--.._. �� . _ . ._. . .__ . . � t :.. . �i�rC�� � ' � NSULTING ' S03.222.4453 ' S03.248.9263 E N G I N E E R S vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com June 28, 2007 �.�,�'; ���j, �, City of Tigard CD - Development Engineering , . 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 Fax:503-624-0752 http://www.tigard-or.gov Attn: Kim McMillan RE: Tigard Lot Partition — Sight Distance Certification Case File No. MLP2007-00004 The access for this proposal is located 122.3 feet west of the site's east property line, onto Hwy 99 W. The speed limit along Hwy 99 W is 35 M.P.H., based upon the posted speed limit, requiring 360 feet of sight distance in both directions, in accord with Tigard Development Code Section 18.705.030.H.1. As required by Code Sections 18.705.030.H.1, sight distance from the access to Hwy 99 W was measured to be >400 feet to the east and west of the access. The Code Section requires that measurements be based on an eye height of 3.5 feet and an object height of 4.25 feet above the road; and be assumed to be 10 feet from the near edge of pavement to the front of a stopped vehicle, (actual measurement is taken 15 feet from pavement edge). In conclusion, based on Kittleson and Associates Transportation Impact Analysis (Project #5799), dated February 12, 2003, I hereby certify that the intersection sight distance at the proposed access for the Tigard Lot Partition conforms to the requirements for sight distance as set forth in the Tigard Development Code. Sincerely, � �S��aGIN OFSSiO � � c_ -� '/ , ) � sP 9 , a ,, ,�'- ,� ; ,_ :�-� . �_ � �. Brian M. Dubal P.E. p vG<Y9 20�� �, VLMK Consulting Engineers 9�'�N M. Ov� 1���/�j� EXPIRES: 12/31/20� ' Structural Eng�neering • Civil En ineerin • Industrial Engineering • Planning • Studies / Evaluations • Entitlement G:1Acad206�206635\PermitsWune 26�ite Dis�ance Cert.Docx Nro�ect�:J/yY 'Quicklube 7�i8ard Development-Tigard, Uregon Page. 18 '' f•eb�ry 12. 20D3 � a 'i� Sight Distance Evaluation Intersection sight distance at each of the proposed site-access driveways was reviewed to ensure adequate sight distance would be available under ful] build-out conditions. According to the 1994 ti edition of A Policy on Geometric Design of Highways and Streets (Reference 3), required � intersection sight distance is computed based upon the performance characteristics of the design � vehicle and the travel speed along the subject roadway. For the purposes of this analysis, the design ; vehicle was assumed to be a passenger car (P). The posted speed along Highway 99W (Pacific Highway) in the site vicinity is 35 mph. ODOT has a sight distance methodology (May 1, 2000) j based on the American Association of State Highway and Transportation Officials' (AASHTO) 7- � second gap standard methodology(see Appendix "F"'). The resulting intersection sight distances, based on the 35 mph posted speed limit, are shown in Table S for Highway 99W (Pacific Highway) � near the site. Table 5 + Intersection Sight Distance Malysis Results r 1 Sight Dictanae Required Sight Distanoe Available (fset) �f�t� pdequete Sight 1 � Site-Accer� Driveway To LeR To Right To Left To Right Di�tence? Proposed Easement 360 360 >400 >400 Yes Access to Highway 99W In order to maintain adequate sight distance in either direction, the landscaping improvements •-� associated with this development, such as shrubs and low growing ground cover along the Highway 99W site frontage, should be regularly tnmmed and maintained. � ueuin /Stacking Disfance Evaluation Q g � A queuing analysis was conducted at the ingress from Highway 99W existing easement to ensure •� that adequate on-site storage will be available for vehicles without spilling back into through traffic on Highway 99W. Using the forecast total traffic volumes shown in Figure 10, the 95`h percentile queues for each of the site access driveways under both scenarios were estimated. One vehicle was assumed to occupy 25 feet. Table 6 summarizes the results of the queuing analysis. Table 6 Queuing/Stacking Distance Analysis Results i 95'"-Percentile Oueue Oueue Storage Available Adequate Storage Required (feet) (feet) Stacking Location EB Lett I EB Lett Distance? � Highway 99W/Existing 25 60 Yes , Easement 7 � � i � Kittelson & Associates, /nc. Portland, Oregon �` MCKMAN 6 AS►S�O�CL4TES� I'1+�C. LAND SURVEYORS 1705 LEE STREET, LAKE OSWEGO, OR 97034 PHONE (503) 697-6869, 697-6960 FAX DDHK Ventures LLC 13555 SW Pacific I3ighway, Tigard, OR PARCEL 2 A parcel of land containing 11,586 square feet, more or less, located in the southwest quarter of the southwest quarter of Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon, being more particularly described as follows: Beginning at a 3" brass cap marking the Easterly Southwest corner of the John L. Hicklin D.L.C. No. 37; thence following the east boundary of the "MELROSE" plat, South 02°50'16" West 35.77 feet to the True Point of Beginning, thence North 89°50'S6" East 118.63 feet; thence South 33°15'17" West 233.99 feet to a point on the east boundary of said "MELROSE" plat; thence following the said east boundary of said plat North 02°50'16" East 195.60 feet to the True Point of Beginning. SUBJECT TO: All easements of records. Doc. 61203�az2.doc Wednesday, December 06, 2006 . FND. 5/8' /tON / ROD. ON .6' SELF SiORACE BUILDMIG / • FND. 3'BRASS OISK ��� ��� MARKING D.LC. CORHER N 89'S0'S6" E 219.40' N 89'S0'S6 E 65.33' s T,� / �?9x 15' NADE STORM SEWE � n EASEMENT PER DOC. � P A R C E L 1 ,� 85-005074 � p� � N 89_50'56" E 118.63'__ � \ � 4,583 SQ. FT. � 10.0' 10' ACCESS EASEMENT � s � �-- . • � � ��,_� � � �� �_��� `�� 45' NADE EASEiJENT FOR as.o' f �2 / r7��� ^�_ O,� INGRESS AND EGRES��� � n PER DOC. 94-030602 � \ �� � / �PQ� � .� � � ;� I PARCEL 2 / � �°�"'ry '�, � / ;�0 11 ,586 SQ. FT. � \ � s.o� � �0`�00° � ,' � � / o � ,� � � � � I ti: � / �Q�� � � � ^ 3 , / ,�,� �,� � FND. 5/8'IRON ROD M411CN FALLS O.J2' E. � I �y^ /� � � OF PiL 1 / \_� w, / / � �, � , � � sl �� �. I ' / CC,,J ?J.�x�� �. 15' SAN. SEMER � EASEMENT PER DOC. 8J000975 � � —� is.o• � File Path: D: DWG06 File Name: 61103.DWG I � Plot Date: 12-06-2006 ♦ Plot Time: 10:22 m �o.o' ; I PROPOSED PARTITION PLAT / % LOCATED IN THE SW 1/4 OF THE SW ��' 1/4 OF SECTION 2, T2S, R1 W, W.M., / i I CITY OF TIGARD, WASHINGTON COUNTY, OREGON. FND. 5/8'ROH I ��� �aar�wsAS:�acwrES . E PLAT ,�� = 4o.a� ILAND SURVEYOR I 1705 LEE STREET, LAKE OSWEG , OR 97034 PHONE (503) 697-6869, 6 -6960 FAX 40 0 40 80 120 I / �\ MC�CMAN s A�q 7F� /MC. LAND SURVEYORS 1705 LEE STREET, LAX.E' OSWEGO, OR 97034 PNONE (503) 697-6869, 697-6960 FAX DDHK Ventures LLC 13555 SW Pacific Highway, Tigard, OR PARCELI A parcel of land containing 14,583 square feet, more or less, located in the southwest quarter of the southwest quarter of Section 2, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon, being more particularly described as follows: Beginning at a 3"brass cap marking the Easterly Southwest comer of the John L. Hicklin D.L.C. No. 37; thence North 89°SO'S6" East 219.40 feet to a 5/8" iron rod; thence North 89°50'S6" East 65.35 feet to a 5/8" iron rod being a point on the northwesterly right-of- way line of S.W. Pacific Highway (Highway 99V�; thence following said northwesterly right-of-way line, South 33°11'S6" East 122.30 feet; thence leaving said right-of-way line North 56°44'43" West 120.67 feet; thence South 89°50'S6" West 118.63 feet to a point on the east boundary of the "MELROSE" plat; thence following the said east boundary of said plat North 02°50'16"East 35.77 feet to the Point of Beginning. SUBJECT TO: All easements of records. Doc. 61203�az1.doc Wednesday, December 06, 2006 Fl+u. s/e• waH / Roo,a+ .e' SELF STORACE 8U0.DNG / , FNO. 3'BRASS pSU ������ YARKNIG D.LC. CORNER IN 89'50'S6' E 219.40'_ -_ _- N 89'S0'56' E 65.33' S T,� ! I x 15' NADE STORY SEWE // � EASEIJENT PER DOC. � P A R C E L 1 ,� 85-005074 � p� " N as•5o'ss" E „8.s3'__ � \ 14,583 SQ. FT. / 10.0' 10' ACCESS EASEMENT � s � ,� � ��t`,�' \ \ ^y� �`��v'� 1� 45' NADE EASENENT FOR �o. F �� / yl�`�� � (�� INGRESS AND EGRESS��� � J n PER OOC. 94-030602 �\ �� � / ��Q� � • 1 l�ry � ;� I PARCEL 2 / �°�'�°� '�, � 11 ,586 SQ. FT. \ ' � �� �' ,� � �o � / �.o� . � � \ � �o�o o � I �� ` Q� `� � �v °i n'/ / / h �v / FND. 5/B' IRON ROD 3' � / �-`- �� / MR�p/FALLS 0.32' E, � • �� aF' P�1 �� � � 1 ,yy / \ V � � ; � � \ �'' Sr � �. ,s� �. �,� I � / ���;� �• EASEYENi PER � DOC. OJ000475 � ��'0 � File Poth: D: DWG06 File Name: 61103.DWG I � Plot Date: 12-06-2006 i Plot Time: 10:22 m so.o• ' I PROPOSED PARTITION PLAT / � � LOCATED IN THE SW 1/4 OF THE SW � �a.o• 1/4 OF SECTION 2, T2S, R1 W, W.M., / i I CITY OF TIGARD, WASHINGTON COUNTY, OREGON. FNO. S/8' ROH I 00\ /-I�G'JCM�1N dr �4.S�OCJi4 7FS� . E PLAT ,�� = 4o.a� ILAND SURVEYOR I 1705 LEE STREE7; LAKE OSWEG , OR 97034 PHONE (503) 697-6869, 6 -6960 FAX 40 0 40 80 120 I � a er , � � � c �. s 03/16/2007 08:01 IFAZ vlmk�vlmk -► �ennlfer l�001/001 Nar . iS. 2001 i2 �27PU ^' EAM WATER SERVlCES F03 6814439 No.1556 P. 1 C, t� L`��.].t��-- D j ti MAR 0 8 2001 � 0 0 ` y `__ ---------- cws Fi�N�,R,t�e► p�-000�3 � ��G�ea�iWater Services � Qnr comruitmea!is el�s�. S0►��tjVe aroi Pn$CI'�u1ln�$�AS8lSiRNi1t ��+��� � Dat� tax Map d T�x Lot �_ Owrwr �� — /lpplkan! SiN AOdr�ss '�'��� Company � Addross Propos�d Iletiv{tY Cit�r ShR�Lp I '�� .�_ P��e _ __ F� . - Z By subn�fttirq lhls form th�OwnN,or Orrner's�eRh�lt�d a�nt or r�prat�ent�tive�scknowlad�es and apnfs that cmploy�ea d Clean Wster S�rvlcoi hsv�sulhorlly to�nfier th�p�oJsct sf�e at a!1 r+ea�wlabl�tfm�s for the purpose o/In�pectlh9 proJ�d stt�aonditUDns and gsthartnQ IR/ormatior� relstad t0 tl»pro�ect iils. _ oslelti ut� Mla.tld.w � � � N � w�a■�Y iMw��Fo� � uw anb tli4 Y N NA � Sensitivs Ana o poslb NaP 5tormw�ter I trur,tuc+�n�pe � �1 ❑ ❑ ��+ — (� �Cl o$s � D Cl C7 g���►��.�u�,�� Other ���. �� �-�_,�,o�-� ��► ❑ � U �.��a A.�..�. �c��v� � � Basad vn a nv1�w of th�abova Informstlo�and th�riquinm�nts oi Cl�an W�t•r Sarvices Desi�n�nd Constructlon Standards Re�olutlan and Order No.04-s: ❑ Sensitlw�nss pot�ntially�clst on sitv or withln 200'pf th�Nh. THE APPUCANT MUST ., PERFORM A SITE CERTIFICATIOtr PRIOt�TO LsSUANCE OF A SERVICE PRp1ApER, M ° S�nsilf�n.Anea�udst on th�stle or wlth�n 200 ibat cn a��cent propertl+�� a N+durei °D Roiouraas a�sess+n�nt Report may tlso b•hquired_ m N S�nsitivo ars�s do nol o appoAr to ntbt on sIM or wllt�let 204� of tho sita. Thla pre-screatfinq �, slt�issoasment doq KOT�liminab ths rwod to w�luat�and proNct wab4r qyality ��naitiw arcas if ttley�ril wbsoquently cM�covetrd, Thy docurrNnt wUl servp aa your � Servic�P►ov�d�r Mbr�s requlrsd by R�soiutbn and 0►Qer 04-9,S�ctbn 3.02.1. All �. r�qulr�d permits and approvals must bs obtdned and complsf�d undar ipplicable local, � stab,and f�derat law. '" ❑ The prapos�d acNvky does not n,oQt th�d�initbn o1 dowbpm�t, p�p�qgSEgBMtNT o OR SERVICE PROVIDER LETTER IS R�QUIRED. 0 N ` Rcvl�wQr Commenta: w ° �a�r, ,�_/��.lLfl� � _�Dlo •— Qad�'c.S� . o —t-- � ti a� w � 2 Rwlewod ey: _ Date: �-tt-D�� _ U�cial use only R�Curncd!o Appilcunt � 1Na1/ Fax�( C�unfcr � z�o sw Mu�se�a r�,a,w.,,.H,n.�o.�„�r, S�,z: na�e .�t�"� .ny� ; P�ron.: �bo3�ee�s��m•ra�� �r��ae�-i�:sa.,,..,. - � � „ �.l�..�•,L � ��=�����D PRE-APPLICATION ��os CON FEREI�CE REQU EST =�r �_ CITY OF TIGARD 93125 SW Ha!!Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 ��'�Pr GENERAL INFORMATION Applicant bD N � ���h��«S 1--�..�- FOR STAFF USE ONLY Address: S 3�� �1 W �S p��= PL. Phone:Sv3=�1°�S�i`�6Z Case No.: �� ��- ��3c� City: p��{t a,�� Q('� Zip: �12Z� Receipt No.: ��' a�� ContactPerson: S��p�S� Phone:S�3-3ID-����, Application Accepted By: � -T��I Date: ��d�0(� Property OwnerlDeed Holder(s): ppNl� ���r��'��I�S LL�. � �� DATE OF PRE-APP.: TIME OF PRE-APP.: _���� � Address: Sq r�rV� Phone: PRE-APP. HELD WITH: Clty: Z�p: Rev.7/1/05 i:\curpin\masters\revisedlPre-AppRequest.doc Property Address/Location(s): I 3S�{S S�W �Q���-{�-� l-� v REQUIRED SUBMITTAL ELEMENTS ��G��� (�� �12-Z3 (Note; applications will not be accepted without the required submittal elements) Tax Map &Tax Lot#(s):'� (O2 C-` db�U� - Zoning: � � Pre-Application Conf. Request Form Site Size: � � � (3� 4 COPIES EACH OF THE FOLLOWING: Brief Description of the Proposal and PRE-APPLICATION CONFERENCE INFORMATION any site-specific questions/issues that you would like to have staff research All of the information identified on this form are required to be prior to the meeting. submitted by the applicant and received by the Planning Division a Site Plan. The site plan must show the minimum of one (1) week prior to officiallv schedulinq a proposed lots and/or building layouts pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location prepare for the meeting. of the subject property in relation to the nearest streets; and the locations of A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and weeks of the Planning Division's receipt of the request for either across the street. Tuesday or Thursdav morninqs Pre-application conferences are The Proposed Uses. one (1) hour lonq and are typically held between the hours of 9:00-11:00 AM. ❑ Topographic Information. Include Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre-Appl�cation Conference is for PERSON AT THE COMMUNiTY DEVELOPMENT COUNTER FROM a MON PO � project, the applicant 8:00-4:OO/MONDAY-FRIDAY. must att h copy of the letter and proof in th form of an affidavit of IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, th t e collocation protocol PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Was compl ted ( ee 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 351.0 Pre Application Meeting Narrative Location: 13545 SW Pacific Hwy Tigard Or 97223 Owner: DDHK Ventures LLC Tim Horst 5374 NW 150�' Place Portland Or 97229 We are proposing a 4,490 SF office building with 12 parking spaces. We have 9 parking spaces onsite, with an additional 3 that aze leased from the neighboring property owner. The neighboring property owner currently has 32 spaces with 22 required. Our building will be a single story office building. We intend to lease the building to a medical use professional. Our rear yard setback was reduced from 15 feet, to 10 feet because we built a masonry block wall instead of a wood fence. We are also proposing a minor partition to create a separate tax lot for this building. In 2004, we consolidated three tax lots when we built the Oil Change Facility. We would like to recreate this tax lot that we had. We have a full access easement agreement currently in place with the neighboring property owner. We stubbed off all utilities to this location when we built the oil change facility in 2004. Question. What are our options regarding signage. How much is allowed if we recreate this ta�c lot? If the neighboring property owner agrees,can we use our signage allowance and add to his existing sign with a sign easement? Could we have our own sign on the neighboring property with a sign easement? Tim Horst � DDHK Ventures LLC �`�� � Gt c�c� s ` �'f '�► �`��s-���1�� S��'� 503-310-4776 // �e` � �� �s ��- � SITE PLAN ,•_,o.,� �' ' ,� ��� r� . ' c ,� .� ruw naeni zo o so eo S` �p�`S�+`L� ' c �.' � ��, C' .� O ,\, �i�� Nt,�� � i � ' �*�, \ 20' � E�p311NC BIALDR7GD OTYPICAL � ,.' \ C—G ZONE � � �. • "�y'' �S L,I9D SOFL e O •4 , �. \�� 72 SP{27� �� � ` �� • ��f ,� OANSACE N d ' . � :.`,' �, ���Y ', �' �y� � ��� �� �� � � � � � � '� 700 ---- -- — C—G ZONE � ,�' � C—G ZONE ' " .� -� m , _ 0 � � °� .�y `�_�'. LE�SE ;�, o� -�_-:^ � �` �� � 2 a o . �� � �) C . 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P. �90 gH,s � �. : M1 s 1p6�, �0 I � - �� S1 s�,'��' j �°.�� N���,,v._ � I 0.� .� � � s.� � P j i o �' i � � � � i i i r ' �• '' Parcel : R0466542 �f Parcel #: 2S102CC 00600MktT 1 : $794,870 Owner : Ddhk Ventures Llc MktLaL�d : $392,o50 CoOwner . MktStruct: $402,820 Site : 13555 SW Pacific Hwy Tigard 97223 MktOther : Mail : 12604 SW 60th Ct Portland Or 97219 �Imprvd : 51 Xfered : OS/28/2003 Doc # : 84767 Exempt . Price . Deed . Type . Pr Xfer : 11/18/1997 Pr poc# : 108655 Levy Cd : 02374 PrPrice : $20,000 SchDist : Tigard NbrhdCd : Zphy 05-06 Tax: $6, 644 .19 C1assCode:S1 Mi11Rte : 16.3448 Use : 2012Com,Improved MapGrid : 655 D5 SubPlat . R : O1W T : 02S S : 02 Q : SW QQ : SW Legal : ACRES .60 Phone . Owner . . Tenant . Census : Tract : 319.04 Block : 2 Measure 50 Assd Total : $406,500 Bedrooms . Lot Acres . .60 Year Built . Bathrooms . Lot SqFt : 26, 136 EffYearBlt . Heat Method : BsmFin SF . Floor Cover : Pool . BsmUnfinSF . Foundation . Appliances . Bldg SqFt : 3,819 Roof Shape . Dishwasher . 1stF1rSF : 2,469 Roof Matl . Hood Fan . UpperFlSF . InteriorMat : Deck . Porch SqFt . Paving Matl : Garage Type : Attic SqFt . Ext Finish . Garage SF . Deck SqFt . Const Type . /nformarron compi/ed jrom various sources. Rea!Eslate Solutions makes no representatrons or warranties as to the accuracy or completeness oJinformarron contained rn this reporl. Jf ::� ; , < �� �< S� �,: i �V �,>� �/ �`� / ��� . . �< �> �_�' �<' � � � � - �,� , ��; � Y� �>;" �� '� ���' � ,��,a����� � . 15 � � - � ,�•'� ' •^ .�, �,, ��� � JP�� ��. � �;�� �� ' � I �fASTEALY SW CORNER � > > O � ' � � JO}IN L H��KLINbLC 3�_ � ' y � .Sy�O� �\\\ �}3 �-�-� � ,.. 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J '?3 i � i PRE-APPLICATION CONFERENCE HOTES �-.�, � . �/ N� ���� ➢ ENGINEERING SECTION \ CityofTigard,Oregon � � Conamunity�DeveCoprnent SFia i A BetterCommuni PUBLIC FACILITIES Tax Maptsl: 25�o2cc Tax Lot[s): 600 Use iylpe: SDR 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 Hiqhway 99 to 52 feet from centerline ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: � Half street improvements will be necessary along SW Hic�hway 99, to include: � 36 feet of pavement minimum from centerline � concrete curb � storm sewers and other underground utilities � 10-foot concrete sidewalk with 5 foot planter strip � street trees sized and spaced per TDC � street signs, traffic control devices, streetlights and a finro-year streetlight fee. ❑ Other: CITY OF TI6ARD Pre-Applicatlon Conference Notes Page 1 of 6 Englnaerin9 Department SecUon ❑ 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. ❑ �ther: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a finro-year streetlight fee. CITY OF i16ARD Pre-Applicatlon Comerence Notes Page 2 of 6 Engln�erin9 Deparunent Eectlon ' ' ❑ 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.) �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 alonq the west property line. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to connect to a public sewer. Water Supply: The City of Ti�rd (Phone:(503) 639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm CIT110F TI6ARD Pre-Appllcatlon Co�erence Notes Page 3 of 6 Englneering oeaartme�a S�ctl�n drainage plan for the site, anc �y be required to prepare a sub-� � drainage analysis to ensure that the proposed system will accommodate runoff from upstream pr�r�rties when fully developed. On-site detention is required. 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. Water quality freatment is required for aN impervious surface area. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. 1) Contact ODOT for any requirements for ROW dedication, frontage improvements and access report. 2) Water meter to be placed at ROW. 3) Provide sight distance certi�cation for proposed access onto Highway 99 with land use application. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of buildinq permit issuance. In limited circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater than $5,000.00. Pay the TIF CIi110F TI6ARD Pre-Applicatlon CoMerence Notes Page 4 of 6 Fngln��ring D�partm�M S�ctl�n PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Diuision. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. CITY OF TI6AR0 Pre-Applicatlon Conference Motes Page 5 of 6 Englnsering Uepartmeat E�cLon , . . . ' ' Other Permits. There other special permits, such as m� �nical, electrical and plumbing that may also be requirea. Contact the Development Services �ounter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10°/o and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: t • a�u ENGINEERING DEPARTMENT STAFF DATE Phone: [5031639-4171 Fax: [5031624-0752 document2 Revised: September 2,2003 CIT1f OF TIGARD Pre-Application Comerence Notes Page 6 of 6 Englm�dng o�aartmeM Sscuen r. . ` i . • CITY OF TIGARD P R E-A P P L I CAT I 0 N C 0 N f E R E N C E N OT E S �o munity�-�Devefopment ShapingA BetterCommunity (Pre-Application Meeting Notes are Valid for Six (6) Months) n�rn�ow� �r 'a�9- 0� ��a�-a�: (�-- /� - - ------_----- -_-----_-__—_�- NON—RESI DE NTIAL APPLICANT: t�pl-�Il ���n-�ures , Ll.,� AGENT: J�-Y� ��� �" Phone: (���L�l u-�t�� -�t�1�.�t Phone: (����) _��v �- �t�7� PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: ),�.7�1.� S<<% r�ct c� /�c_ ffu�h���c.7 TAX MAP(S)/LOT #(S): �S f u�Cc -o��� o� NECESSARYAPPLICATIONS: :� , -k �uelo�.�n�-�-I' ��,;,� :..� �s1>JZ) - N1a,,.� ,ti,���l�-�c��-1,�u� -}�; t�� �vn�(d D/�r.�. Minvi Lc+nc�, Pa��-,fi� - ll`�iLP ) PROPOSAL DESCRIPTION: ('c�st-�-kc,+ a-- �,��� s� u��..c �,,;+- r„rd . �-�f;'c� 6�- , r,l,,,�, v � �:. 5;-lc., -t'hr,-� ��t,{r,r„�l+� ha� a� COMPREHENSIVE PLAN MAP DESIGNATION: Ci ��,e� �� I C c ��:��e f �_ �, <._ 1 ZONING MAP DESIGNATION: C - � �_CJ t •�z ��� I C.�n 1 r7��.� ; �.I � iONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.5��i> ) MINIMUM LOT SIZE: �— sq. ft. Average Min. lot width: ��� ft. Max. building height: �/� ft. Setbacks: Front�ft. Side o��v ft. Rear��� �� ft. Corner - ft. from street. MAXIMUM SITE COVERAGE: '� % Minimum lan sd caped or natural vegetation area: i 5' %. ,� NEIGHBORNOOD MEETING [Refer to the Neighborhood Meeting Handoutl THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNtNG 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 submittiny vour application or the application will not be accepted * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 8 NON-Residential ApplicatioNPlanning Division Section ,. � �' NARkATIYE [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 IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. �j ACCESS [Refer to Chapters 18.705 and 18.765) — ���s��� �� � `�� ' �[," ; { ``� , Minimum number of accesses: Minimum access width: Minimum pavement width: All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: .�] WALKINAY REQUIREMENTS [Refer to Code Section 18.T05.0301 WALKWAYS SHALL EXTEND FROM THE GROUND FLOOR ENTRANCES OR FROM THE GROUND FLOOR LANDING OF STAIRS, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shal! provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways should be constructed between a new development and neighboring developments. �] SPECIAL SETBACKS [Refer to Code Chapter 18.1301 ➢ STREETS: feet from the centerline of � � INTENSITY ZONES: a�c% feet, along the site's ti�.�rS��n boundary. ➢ FLAG LOT: 10-FOOT SIDE YARD SETBACK. ❑ SPECIAL BUILDING HEIGHT PROYISIONS [Refer to Cade Section 18.730.010.B.1 BUILDING HEIGHT EXCEPTIONS - Buildings located in a non-residential zone may be built to a height of 75 feet provided that: ➢ A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; ➢ All actual building setbacks will be at least half('/z) of the building's height; and ➢ The structure will not abut a residential zoned district. � BUf�ERING AND SCREENING [Refer to Code Chapter 18.7451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may o� be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 8 NON•Residential ApplicatioNPlanning Division Section .� , ' � , The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are� a.:-/��� 1� _` �'.�� feet along north boundary. feet along east boundary. feet along south boundary. � � �,u feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: j�]' LANDSCAPING [Refer to Code Chapters 18.745,18.765 and 18.7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. �' RECYCLING [Refer to Code Chapter 18.7551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. �' PARKIN6 (Refer to Code Section 18.765.0401 � ,� �j�, sppc cs� ( �) REQUIRED parking for this type of use: 3 1/ ! u�-X) ,��� -�-� y• �l9 X�. 1 Parking SHOWN on preliminary plan(s): �,� SECONDARY USE REQUIRED parking: Parking SHOWN on preliminary plan(s): NO MORE THAN 50°/a 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. Note: Parking space width includes the width of a stripe that separates the parking space from an adjoining space. Note: A maximum of three (3)feet of the vehicle overhang area in front of a wheel stop or curb can be included as part of required parking space depth. This area cannot be included as landscaping for meeting the minimum percentage requirements. 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 stail dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. ➢ BICYCLE RACKS ARE REQUIRED FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ LOADING AREA REQUIREMENTS [Refer to Code Section 18.765.0801 Every COMMERCIAL OR INDUSTRIAL BUILDING IN EXCESS OF 10,000 SQUARE FEET shall be provided with a loading space. The space size and location shall be as approved by the City Engineer. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 8 NON-ResidenGal Application/Planning Division Section � BICY+�LE RACKS [Refer to Code aCcdon 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 responsibility to precisely identifv sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meetinp the definitions of sensitive lands must be clearlv indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. ❑ STEEP SLOPES [Refer to Code Section 18.175.080.C1 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. � CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R a 0 96-44/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. Desiqn Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUALIRESOLUTION 8�ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT 4 WIDTH OF VEGETATED TO SENSITtVE 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 ravine6 Starting point for measurement = edge of the defined channel (bankful flow) for sUeams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. SVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. sThe 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. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 8 NON•Residential ApplicationlPlanning Division Section Restrictions in the Vegetate Vorridor: 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, excepf as provided for in the CWS Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a 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. �CJ SIGNS [Refer to Code Chapter 18.7801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATI�N OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. � TREE REMOYAL PLAN REQOIREMENTS [Refer to Cotle Section 18.190.030.C.1 A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ 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 PRfOR T� 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. Q� MITIGATION [Refer to Code Section 18.190.060.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 damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 8 NON-Residential ApplicationlPlanning Division Section ➢ If a replacement tree of the size cut is not reasonably availa.,�e 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 shail be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. � CLEAR VISION AREA [Refer to Code Chapter 18.7951 The Cit requires that CLEAR VISION AREAS BE MAfNTAINED BETWEEN THREE �3) AND EIGHT �8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. he size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. ❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot-wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 1'/2 times the minimum lot size of the applicable zoning district. COOECNAPTERS _. 18.330(Conditiona�Use) �H.62O(Tgard Triangle Design Standards) X 'I$.765(pff-Street ParkinglLoading Requirements) — �H,34O(Directors Interpretation) 18.630(Washington Square Regiona�Center) _ 18.775(Sensitive lands Review) _ 18.350(P�anned Deve�opment) � 18.705(AccesslEgresslCircu�ation) _L 18.780(si�ns) � 18.360(Site Deve�opment Review) �H.7�O(Accessory Residential Uni1s) — �H.785(Temporary Use Permils) — �H.37O(VarianceslAdjustments) 1 S.7�5(Density Computations) X 18.790(Tree Removal) _ 'I 8.3HO(Zoning Map/i'extAmendments) �H.�2O(Design Compatibility Standards) � �H.795(visual C�earance Areas) _ 18.385(Misce��aneous Permits) _X. �H.725(Environmental Performance Standarcls) _ �H.79$(Wireless Communicatlon Facilities) � �H.3gO(Decision Making Proceduresllmpact Study) �S.T3O(Exceptions To Development Shandards) � �B.S�O(SUeet&Utility Improvement Standards) _ �H.4�O(Lot Line Adjustments) 18.740(Historic Overlay) — �H.42O(Land Partitions} �5.�42(Home Occupation Permits) _ 18.430(Subdivisions) x �5.�45{Landscaping&Screening Standards) — �H.5�O(Residential Zoning Districts) 'I 8.750(ManufacturedlMobil Home Regulations) � �S.SZO(Commercial Zoning Districts) _.,L �H.755(Mixed 5olid Waste/Recycling Storage) — 18,530(�ndustrial Zoning Districts) �H.76O(Nonconforming Situa6ons) CITY OF TIGARD Pre-Application Conference Notes Page 6 of 8 NON-Residen6al ApplicaGon/Planning Division SecGon .. . i ' , AD�ITIONqI CONCERNS OR COMMENTS: �� ' �u r �'c-,r<; �U l �i-� ti' s i-�-� ��-�� ct.l.s�� i �� }l �r� C t('('e S � ('CL.S i ��c�P ��FJ �' c?�'1 � --�'1�ta-E-- �r ��c�. I�1�lE' S CrcZ , k�r7��- p� c.K D. ku�, ,�,r,,t ���s ;h1ti r1�° �� ed �-t�� M l.P. ' �� -t��� _�i`��rc � ic' � �Lr.�PGI �t.�d-\ G, �: i°S-{l� ,i ho'.,e �, e+ �•_l,� hiC'Ll�tSe'. c�_cl„a ('rilf Z-c; nt' 1S rt,�; dp� -�-,�/. ' �i�,✓��-� `,�i,;� i <}vi Wl Ct� �C r'�6i 5c�c�rr i .,t c, �� ldUltr�Gt{-i�t �Li • �U'J-� �.� . ��� c,,� G� C cLb�f fi.I t���?n ��-, 1"�� <: �� C.t��'�.t_S�fr-�('�!t ��U ��7'�1�. .!i �'x i � C' J c�� 0; i P c� c.I�J T a l/c:� y / Gr +'1�'P . �rl� TKL-J=�c�,��i r� �; S;��X�n . /��, c�e'.l C� �,� �(1 c� d�<:� 4�'7P . �et,rirnez/GCCI��-��,q�-?� ��,�i � n��c� � bt a.�li�al -�v� .S"c�•�c,-kl�• � • ��1�6t v f d �[�rIC.C.-1� �� t rv�t n� To� �l�-�Lc1.i�� I-t'�%�/ �'y . ' I`'1�;4� S��.-�, n,., a-F��,� -}h.� �D rt - -t'K rs-4-�ti.5 v r u p�-�-�-� l��� � �� S f%�l —� e� �-s l'Q�l e r�7,�.,-��-t-� -�Y 1 o-Es ��--� C-G 'Z.wt � . �rn�n��n H ,►-r �c � w� L��� c��hc� �1Cs� . m;r�i ,-�-��,,., ��rt!'1JPC�—Pi/!9 +nax.,.��.,.. s','� r�vt�-�5�. -r'-�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 SUBMIITAI PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVlSION STAFF MEMBER of the Community Development Department at Tigard City Hal� offices. PLEASE NOTE: Applications submitted bv mail or dropped off at the counter without Planninq Division acce�tance mav be returned. The Plannina 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'/2" x 11" map o a proposed proiect shall be submitted or attachment to the sta report or administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 8 NON-Residential Application/Planning Division Section .. • � r The administrative decision or public hearing will typically occur app�oximately 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 ,�eriod follows all land use decisions. An appeal on this matter would be heard by the Tigard _ [-i-�cz�i;�h � S ���I�c�r�- . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED 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. 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 apelv those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). e con erence an notes cannot cover a o e requirements an aspects re ate , to site planning that should ap ply to the develo p,ment of your site plan. Failure of the staff to provide information required by the Code shall not const�tute 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 City staff relative to Code re uirements rior to submittin an application. AN ADDITlONAL 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: ���L1�_��- Cu-�-vur---� CITY Of TIGARD PLANNING DIVISION - STAff PERSON HOIDING PRE-APP. MEETING PHONE: 503-639-4171 FAX: 503-684-7297 EMAIL LtaH's first name) G�ci.tigard.or.us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNETAODRESS: 1NWW.C1.tigard.01'.pS H:lpattylmasterslPre-App Notes Commercial.doc Updated: 15-Dec-04 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 8 NON-Residen�al ApplicationlPlanning Division Seclion C O S U L T I N G ' S03.222.4453 E N� I N E E R S 503.248.9263 vlmk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 www.vlmk.com LETTER OF TRANSMITTAL TO �1,�' C ��V « �' � S O G �t�V C' S DATE: �[ �'�9 a� l ( O � �C � S r���� PROJECT: TL V`�� � I 1����E Dsw�C�� � c�� . 9703 � ��2-� �0�� ATTN: � � 1'—� �`C'�G �'"l ' i � � JOB NO: �'� �O �� � WE ARE SENDING YOU�Attached ❑ Under separate cover via v"��� � the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ CO%ES DATE NO � �o W� G�'L�S �� Q V l.G(,G L-V�E THESE ARE TRANSMITTED as checked below: ❑ For Approval ❑ Approval as submitted ❑ Resubmit copies for approval �For your use ❑ Approval as noted ❑ Submit copies for distribution ❑As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS L�� E S U� wLIT GG� /� �7 c,�c��-f- ��-vr2 � ��� P ��, �� l�� ��s � Z`� � �. �� � � �r� a ��c � t�s o 1- � 1°�z.�c�� - C�y- r� r�v c rz¢- �� 4 �����s - � �� COPY TO SIGNED ��w � - �6���C'�� If enclosures are not as noted, kindly notify us at once i FINAL PLAT REVIEW CHECKLIST To: Maris Buxton Planner: Cheryl Caines Plat Name: DDHK Ventures Partition Case Number(s): MLP2007-00004 Date Received: 9/6/07 Date Forwarded to Current Planning: 9/6/07 Due back to Bethany 9/17/07-ish Planning Division Check if Check if Considered Okay 1. Phase boundaries [� � 2. Lot and/or tract size and configuration 0 � 3. Lot numbers 0 � 4. Access restrictions, reserve strips 0 ❑ N/A 5. Condition of Approval Satisfied � ❑—S e.e be 1�� 6. Public & Private streets (location, width, etc....,) � � 7. Preliminary Plat approval date — 1-1/2 yr period � � (18 months)OK 8. Special Deed Restrictions (CC&R's) � ❑ ►�/R 9. Open Space (Deed or Dedication) � ❑ u/f''� 10.SPECIAL SETBACKS ARE Other Comments: /� �-�s - -1 + .-,,r-� , S z.� r�v�f S o� P aCl Q,S I '* � Or � Co n d� � ! .� „� �(ci-�-'. gy� �.�nP,c-4�L'` �f-���t.�:-� �-I`�-D'7 Planner's Signature Date FORWARDED TO ENGINEERING TECH I: `i - �J �,I Date I:�ENG18e1hany�Erg Tecli I�Forms��nal Plat Review C�echlist doc Revision dale:3/1/OB �,��.t��t� `� � �'�" � ' DDHK Ventures Partition MLP2007-00004 13545 SW Pacific Hwy WCTM 2S102CC-00600 ENGINEERING DEPARTMENT (Engineering Tech) Check if Okay Street Names Acceptable �.. � jF-� [�' Assign Address(es) � � ��" { f,C�t`_�f�r 1l` �t ll�C� �t��•l�_ Address Fee : �_lots/tracts �$50.00/ea = $ � �/ � Update City-wide maps ❑ Easements, ROW, Vision Clearance, Own/Maintenance of [�� tracts/driveways match land use. ❑ Comments: Cheryl Caines Mike White Gary Hickman 503-697-6869 (surveyor), Bill Lambert 503-222-4453 I�V ��� � _ By: Engineering Tech Signature Date FORWARDED TO DEVELOPMENT REVIEW ENGINEER Date DESCRIPTION BY DATE Complete Redline #1 & make copy for us &WACO Email County Surveyor "ok to review", ok street names, note in Tidemark Give surveyor/developer Redline, copy of conditions, fees, email to D� WACO (plat process notes). Mail redline co to WACO 0 If needed, Redline #2 to surveyor/developer/WACO If needed, Redline #3 to surveyor/developer/V11AC0 Corrections reviewed & approved Call surveyor/developer "ok for mylars" Mylar Plat reviewed by Eng Tech for correctness Plat conditions complete Fees paid Mylar plat signed by City & initialed by Eng Tech in lower right corner . 2 copies made (1 for file, 1 for P/E Techs) Signed plat & any other paperwork for recording to surveyor/developer Recorded mylar plat copy received Addresses released (see address release checklist) 'I � D Plat hung in cabinet Plat checklist etc. filed in Engineering file. 1:1ENG�Be��anylEng Tech I�Fortns�Final Rat Review Checkli�.tloc Revisiondate�3/1lO6 1 ' C�" � FINAL PLAT REVIEW CHECKLIST \M I�� r� � �� � � TO: John Hadley ��- Plat Name: DDHK Ventures Partition Case Number(s): MLP2007-00004 Address/Location: 13545 SW Pacific Hwy WCTM 2S102CC - 00600 Contact name/phone: Gary Hickman, Hickman 8 Assc (OR City) 503-697-6869 Date Received: 9/6/07 Date Forwarded to City Surveyor: 9/06/07 W/ Land Use SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity [� N�-� ❑ 2. Curve, corner, cul-de-sac radii [✓] ^�� ❑ 3. Dedication, vacation, easement conveyance � [� s�,�r�yd� L✓J � 4. F�este�e�al S�vey Certificate match the map 5. Two Monument Ties to City GPS [� [� Comments: y _��_c� , ��a ,� t ��ose �r Sa�ve� %� , n ►, �- �� ���ce/ 1 �;nlr �C�esS �'asemenl f' No� � flo�� aW n l� q _ j��n� r�� gy: cJ�'�'�� , �- 7-D � Surveyor's Signat re Date Page 1 of 1 I�.�ENG�Bel�any�Eng TeU I�FOrtns�Final Rat Review Cher,klisl tloc Revisbn date�.3/1/OB FINAL PI�AT REVIEW Inspector: Mike White Plat Name: DDHK Ventures Partition Case Number(s): MLP2007-00004 Address/Location: 13545 SW Pacific Hwy WCTM 2S102CC-00600 Contact name and phone: Gary Hickman, surveyor 503-697-6869, Bi!!Lamhert, Engineer 503-555-4453 Date Received: 9/6/07 Date Forwarded to Inspector: 9/6/07 Planner: Cheryl Caines Please comment & return to Bethany by 9/17/07 Note: This is for the Quicklube — no PFI, have to go back through land use after partition is complete.... I�ENG�BCIhany�Erg Te h I�FormslFlnal PITt Review Checklist tloc Revision tlate 3/1/06 Patty Lunsford - DDHK Ventures Minor Land Partition Notice of Decision Page 1 From: Patty Lunsford To: billl@vimk.com; michdent@comcast.net Date: Friday, August 24, 2007 10:30:24 AM Subject: DDHK Ventures Minor Land Partition Notice of Decision Hi Michael and Bill, I have attached a copy of the notice of decision sent to you yesterday via US Mail for your records. Please call the project planner, Cheryl Caines at 503.718.2437 if you have questions specific to the approval. Best regards, Patricia Lunsford Planning Administrative Assistant City of Tigard, Oregon 503.718.2438 patty@tigard-or.gov �� = MEMORANDUM � � � TO: Jasmine Agualo FROM: Cheryl Caines,�ssociate Planner �'� RE: Condirions # 1 & 2 MLP2007-00004 DDHK Partirion DATE: 4/11/08 Conditions 1 & 2 of the above referenced files must be met prior to final plat. 1. The applicant shall record a reciprocal access agreement between Parcels 1 and 2. Documentation of the recorded easement must be given to Ciry of Tigard Planning Division. The easement currendy shown does not allow full access across Parcel 2. I've included a copy of the site plan that shows the e�sting parking lot and the approved parking lot modificarion. The 10' access easement proposed does not cover the entire area needed to supply access/egress to and from Parcel 1, regardless of the parking configuration. 2. Prior to final plat approval, the applicant shall submit a revised site plan for review and approval that reflects the actual lot area of Parcel2 based on the definition in TDC 18.120. Definition of Lot Area-The total horizontal area within the lot lines of a lot exclusive of public and private roads, and access easements to other property or the private driveway area of a flag lot. Show the total area of Parcel2, show the access easement area subtracted out, show net lot area. / i / ��� � z s,p�20 0 �?c �, � m �c vs, �s °�A Q o" 2t^P'f, � �, 1 � . �,�' o, S6' �r . �r i,� � ,� o �,�Z�`"�"a� w'��II�I� �R o �5 r n',' , �a � '`��, ." r. 0 �y0 �00 ._ E%IST�NG PARKWG Z ny�� � +" � LOT(OASHED) 9�� ,5� � � �9 �C � Ili i�,. \ f p� � \ D�.y ���I I I I I II�I�I���L hl II '� ♦ \PFOPO ���a �'I I I I I II I �II I II I I� PAR INC \ �p �i , i � I .III� I III�II II I I I�III MODIFlCATION pS \ .q �O I"� � kl� I � i I� E%ISTING BUILDINGS � �I � � �.��i i�i y i ii'�� rwicn� � � �� �`�°„�'�� ",� �� C—G ZONE �C 1Y�� . . . . ,;�'p ��` Q \� ` `� l II '�' �P2 �P y u % '� c^ E ti, ,� o K4 f` r� E F S. r�"� � ' !�;r �+: '����y�, �n BS�9.P C a o� � �r� h, ., . 'S 4'J`�,� �O"�i�.0^T1� 2 � rv o�E r n 2 rv rv 3 I�li�'� �rsS � � � � ��c^2 � � s�y�-o 0 o E II,' ' .� � . . ' . �`p�`, � F,p _ ; � .i �`ro��c^�,�q��. O�J���� E� I II Y ri � � � 'II I � �� o' IIIII , u � i�i�I i Il i�l i I�i I�i�i � i � �'I�i I��I II�I __ -- � Z� o� ��, �� � �',i:��'��,1�����I���,i����I�����'1�1.�f�'tI� _. �I,I I I!I� '_ a� -_ -- _ —W r' n —.. j .;. � C� NE/ J W o. S p O. � Z � � v. � �,, y � / 9�' C—Ci Z�NE I A /9 p. � � � N_ u � � n ;, � Z l7 _ I W �LO 1 • ��'�li' p Z e — --- I r-,; -- :� '�-- I IIII�I I I I�I i U w i 0 m — I � l ` N � iv --- -----� �i� ° a - tA J R N N I _ ___- .••��-" . a �c' —..-- -- I 1�—� I �. , Q� ---- —--�— � -- - — ai . � _ E%ISTINC BUILDINC ,I',II��III 3 — — — I � q� (3�797 SO�T.) II I � m I I -- 9� � � � ����I�li�,�'���I�I��,���,�� � � _ _ � �, '''�i'�'I''''�I� ,�i'�� �� — � �� � �; � '� '' � P ��� , , , n -Q�— ---- � ; r ,b � / oZo � . �q I I I � I,�I _ . '�ti d ' Q � o'I s I I '1 l�'�� �\ '� 1A� `��,2�� I � + _ � �Q_ ..� �1c.__�._�:.:�..,,�.'�. � �s.� — ��—��---- � n � S # � . �� .� `�:j ' "nr -.. ---a� 62.0' SP-- N� � 1� -- — - CURB CU7 CU � ' � . � — ' �t,��ui ---- ' CITY OF TIGARD -�i>>�zoog � 4:37:54PM 13125 SW Hall Blvd. � � Tigard,OR 97223 (S03)639-�t171 Conditions Associated With Case #: MLP2007-00004 Project Name: DDHK VENTURES/FAST LANE 0[L CURRENT STA'I'US UPDATED # DESCRIPTION STATUS* DATE BY DATE BY 1 RECIf'RUCAL ACC�SS AGREEMEN�I� ;V CAC 10'���20U7 MSl3 1. The applicant shall record a reciprocal access agreement between Parcels I and 2. Documentation of the recorded easement must be given to City of Tigard Planning Division. 2 REVISED PLAT- PARCEL#2 N CAC ]0/5/2007 MSB 2.Prior to final plat approval,the applicant shall submit a revised site plan for review and approval that reflects the actual lot area of Parcel 2 based on the definition in TDC 18.120. 3 REVISED PLAT-VISUAL CLEARANCE M 4/1 1/2008 CAC 4/1 1/2008 CAC 3. Prior to final plat,the applicant shall submit a revised plat for review and approval that shows the visual clearance area for the access to Parcels 1 and 2 accurately, in accordance with TCDC Section 18.795.040. 4 PAY ADDRESSING FEE N KSM 10/5/2007 MSB 4. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). 5 SIGNAGE AT ENT OF FLAG LOTS N KSM 10/5/2007 MSB 5. 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. 6 RESTRICTIVE COVENANT N KSM 10/5/2007 MSB 6. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Highway 99 adjacent to the subject property,when any of the following events occur: A. when the improvements are part of a larger project to be tinanced or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s)of property in addition to the subject property,or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 7 COMMON DRIVEWAY MAINT AGREE N KSM 10/5/2007 MSB 7. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 8 PRIV DET FACILITY PLANS M 10/19/2007 KSM 10/19/2007 KSM 8. Final design plans and calculations for the private detention facility shall be submitted to the Engineering Department (Kim McMillan). 9 STATE PLANE COORD ON PLAT M 10/9/2007 KSM 10/9/2007 BRS 9. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system(GPS)geodetic control network(GC 22)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 Ciry's GPS survey. "By random traverse using conventional surveying methods. 10 FINAL PLAT REQU[REMENTS N KSM 10/8/2007 MSB 10. Final Plat Application Submission Requirements: Ping-CaseConditions.rpt Page 1 of 2 ��/'� I — Jv n«v r,.� v���." ,..,;.. ... . .,_. . . NT N0. 99121749 � Y 30 FOUND 2 1�2 BRASS DISK MARK ENT N0. 78 41338) � \ SIDEWALK PER SN GC 022. �� � 30 FOUND 3/4" BRASS WASHER AND �O , / � � � 27437, HELD AS BEING 40.00' FROM CE � � S� \� 309 FOUND 3/4" BRASS WASHER MA� � � 6�, �N 33'3,2'26" E 27437, HELD AS BEING 40.00' FROM CE �� � 1.55 411 FOUND 5/8" IR PER SN 19552, H � ��� / A 42 FOUND 5/8" IR PER SN 17947, F �G �Q.� �' �� �S• � S�r3 ��cF� NER, HELD FOR E—W PROPERTY LIN 0 s � o .J" `/ )74 � / � �. � � ���� � „A„ � D E T A L NARR,ATIVE• ,�-� ^�, � NOT TO SCALE 1) PURPOSE OF THIS SURVEY: DIVIDE � ���' � 2003-209822 OF WASHINGTON COUNT' s� `�/ � 2) BASIS OF BEARINGS: FOR THIS SUR o ,, �y� �� CENTERLINE OF S.W. PACIFIC HiGHWAY ;�,^ 09 AND 308 (PER SN 27437) AT 40' `�,�.`�'� � 85 (PER SN 27260) AT A 49' OFFSE ����� � ' NOTES OF THIS SURVEY: ESTABLISHED �� ►� OF S.W. PACIFIC HIGHWAY AT 4�' PER �. v MONUMENT 161 AS THE NW CORNER 0 V� � 421 TO ESTABLISH THE NORTH LINE 0 . � , THE NORTH LINE WITH THE NW RIGHT- � Q� � CORNER OF THE SITE. HELD 161 TO� / �� � VISION CLEARANCE � PLAT OF MELROSE. HELD A OISTANCE EASEMENT TO THE � �� ESTABLISH THE SE CORNER OF PARCE CITY OF TIGARD � �` �� ESTABLISHED THE SOUTHWESTERLY LIN � HIGHWAY RIGHT-OF-WAY LINE PER DC �S „ 49 5�,�� i� �V SOUTHEASTERLY LINE OF PARCEL 2 A �°g a•�5'1��w � h °� � RIGHT-OF-WAY LINE PER DOCUMENT I �9 � g�-. � S6�S 23 32-53' op ,;�� '`�QQ` OFFSET LINE ONTO THE WEST LINE TO •0�, � 85 gg, .p�, h. 'S OF PARCEL 2. g34 ' \ ,�' � �. � � '?o 0 DETAIL "B" SCALE 1" = 30' File Path: D:\DWG06\ , File Name: 61202_PART. G Plot Date: 04-08-2008 Plot Time: 3:53 m ' �vv �vR vc r R W� OREGON JULY 14,1978 GARY W. HICKMAN ,s�8 RENEWAL DATE: 06/3 /0 ,�Q DATE OF SIGNATURE: �/�/vs� NOTES: 1. THIS PARTITION AND PARCELS ARE SUBJECT TO THE CONDITIONS OF APPROVAL OF THE CITY OF TIGARD CASE FILE N0. MLP 2007-00004, ' 2. PARCEL 2 IS SUBJECT TO AN ACCESS EASEMENT FOR THE BENEFIT OF PARCEL 1 AS SHOWN HEREON. 3. PARCEL 1 IS SUBJECT TO A VISION CLEARANCE EASEMENT FOR THE BENEFIT OF THE CITY OF TIGARD. SAID EASEMENT IS SUBJECT TO THE CITY OF TIGARD VISUAL CLEARANCE AREA STANDARDS (CITY OF TIGARD DEVELOPMENT CODE, CHAPTER 18.795.) 4. THE DONATION LAND CLAIM CORNER AT THE NORTHWEST CORNER OF PARCEL 1 IS A PUBLIC LAND CORNER AND SHALL BE PROTECTED AND . PRESERVED AT ALL TIMES. ACCESS TO SAID CORNER FOR SURVEYING PURPOSES SHALL BE ALLOWED OVER PARCEL 1. 5. PARCELS 1 AND 2 ARE SUBJECT TO A MAINTENANCE AGREEMENT RECORDED AS DOCUMENT N0. _________ / � / / � � i ' ��� �������� �:.�, �.''� . �j ' / a� � ,/ i ' f� ,a. � � ! / ,��"°� "''�= ' e� I �; P�y l� ,.i�• 'F`., / Irwul �Y 9F / �( � C-G EONE / ��lJ� -�`, � \ '�. '. �// L01 t � �\\ � t �� ' r���ta \ � � / ���1 , \ \ ---- — ' . • . . � � ,<; -' - . . . �: ,- : ..., •, �.,,� . � - ' —�_ ' � � uM S . �.' �._. ! l y a� , o � `\\ ?W E \ __ � . � � �_�,�NF I � .��+ ��� � �� / i• �� .�. � p� I N � �� ir4 �. � � '\� ' /� �� :a,�;� " . �, ......... I ___ .. ' � \�S / o j � �W 4 � / :��� ��.., — -- -- _ � / �\ � l � • / ' �' ° ti� ----�-- "I---�... � � \ / ( S �Z � � — – -- `�� � �ti�� , _ ��,, . � , ���, � \G �,.m.vr�.. . . ...� � � ` . � � Z I l ;����� ��� �� � �:' �, � � - ���� �� ' -- , . , __ _—__- -� - - � . . . .. . U � .� . — y \ .-.: : .: .. �` �� �a�,:�i� r��_ �i�lc�-f�4�a�� � :�._ __ __ _ _ ���� ., t� ;>. 1:1 i(.;1 f�N�:-1�' �i����� �, G t � v v L�ITICII ]TIITf7ITT��I1ill:�I_1] IILL � � . --— _ -- -- -- -- ----- --- �- --- � � —._ z v � ��„�� � b b ° �, ,��,.,,.� ��/ . ....(LkOM SuHVEY) ... (FROM SURVEVJ �u��y���m�aw.w.w �-�w • �r• MI � . .. �m7�_m�r�u s�aa \I •• IiA1N1G u�o mr�C 1��1[R +- m n�w rvn u�wx \ ,_n. m'°°w a w.�,•� I � .o�;�� ° .��.o.�a..��,.,..,,., �� Z i . „rt... ,,,..,, ,,,.�. � � �, A- Q � ,.. .,�..n.,,. a.i� i �:� J V �.oA�.,,..,�� ,..�, a.�.o.,�.n + � �ur�..c...r..r� "� �s r . .� . . ......, .,�. .,. a.u.onan � c� � Q W p, « .. R.a.n � � � t«R.a.o s • 3 f� , . , .. w. , . �v K.a.n _, .�y r 3 � \ _ : M,�+mw<�oo�� . ... -• ..... ..., �o. a...on�c�i m � f G�.�� � l � � � si6i2oo� r �.ITY OF TIC'A� 1:54:23PM 13125 SW Hall Blvd. +� � Tigard,OR 97223 (503)639-4171 Conditions Associated With Case #: MLP2007-00004 Project Name: DDHK VENTURES/FAST LANE OIL CUKftEN"1 STATUS UPDATED # DESCRIPTION STATUS* DATE BY DATE BY 1 RECIPROCAL ACCESS AGREEMEN�T N CAC 10;'�;'3007 MSB I. The applicant shall record a reciprocal access agreement between Parcels 1 and 2. Documentation of the recorded easement must be given to City of Tigard Planning Division. 2 REVISED PLAT-PARCEL#2 M 5/5/2008 CAC 5/5/2008 CAC 2.Prior to final plat approval,the applicant shall submit a revised site plan for review and approval that reflects the actual lot area of Parcel 2 based on the definition in TDC 18.120. 3 REVISED PLAT-VISUAL CLEARANCE M 4/11/2008 CAC 4/11/2008 CAC 3. Prior to final plat,the applicant shall submit a revised plat for review and approval that shows the visual clearance area for the access to Parcels 1 and 2 accurately, in accordance with TCDC Section 18.795.040. 4 PAY ADDRESSING FEE N KSM 10/5/2007 MSB 4. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). 5 SIGNAGE AT ENT OF FLAG LOTS N KSM 10/5/2007 MSB 5. 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. 6 RESTRICTIVE COVENAN"I� N KSM 10/5/2007 MSB 6. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Highway 99 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. 7 COMMON DRIVEWAY MAINT AGREE N KSM 10/S/2007 MSB 7. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 8 PRIV DET FACILITY PLANS M 10/19/2007 KSM ]0/19/2007 KSM 8. Final design plans and calculations for the private detention facility shall be submitted to the Engineering Department (Kim McMillan). 9 STATE PLANE COORD ON PLAT M 10/9/2007 KSM 10/9/2007 BRS 9. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system(GPS)geodetic control network(GC 22)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 coardinates,the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: "GPS tie networked to the City's GPS survey. "By random traverse using conventional surveying methods. 10 FINAL PLAT REQUIREMENTS N KSM ]0/8/2007 MSB ]0. Fina] Plat Application Submission Requirements: Ping-CaseConditions.rpt Page l of 2 ' S03.222.4453 " � ) N 5 U L T I N G 503.248.9263 � E N G I N E E R S vimk@vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 WWW.vlmk.com LETTER OF TRANSMIT, T L ,(� � ��L-, ,'= TO � � ��I � � � DATE: � - �' 1 ✓ 1 l�'�� 1 ` ` �I v<� PROJ ECT: �I`� I�V" 1 V`�������I � �� � �'� (���Z� I��2��-���� ATTN: � � � � �� ( V t JOB NO: ��/�`t' �� � �,1 � WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via �,� -�V the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ OPI DATE NO I THESE ARE TRANSMITTED as checked below: ❑ For Approval ❑ Approval as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approval as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO � SIGNED ' �M�� ( ��� � If enclosures are not as noted, kindly notify us a once C. JNSULTING ' �3.222.4453 � E N G I N E E R S 503•248•9263 vlmk@vimk.com www.vlmk.com 3933 SW Kelly Avenue • Portland • Oregon 97239-4393 Notice of Type II Decision Response Project: Tigard Lot Partition City #: MLP2007-00004 DDHK Partition Date: 5/02/08 Customer name and phone number: VI.MK Engineers (503) 222-4453 (Bill G. Lambert) Reviewer's Name: Cheryl Caines Date of checksheet: 4/11/08 This letter is in response to the"Conditions" noted on the attached memorandum. Each number below conesponds to the number in the memorandum. # General descri tioo of condition Com liance 1. Access easement area on plan See revised site plan with expanded access easement area indicated. 2. Lot 2 area See revised azea summary table on site plan for new lot areas that incorporate the new access easement. G:lAcad2061206635\CORRESPON DENCE1Checksheet-3.Doc Structural Engineering•Civil Engineering• Industrial Engineering•Planning•Studies/Evaluations•Entitlement �� = MEMORANDUM . , TO: Jasmine Agualo FROM: Cheryl Caines,Associate Planner (� RE: Condirians # ] & 2 MLP2007-00004 DDHK Partition DATE: 4/11/08 Condirions 1 & 2 of the above referenced files must be met prior to final plat. 1. The applicant shall record a reciprocal access agxeement between Parcels 1 and 2. Documentation af the recorded easement must be glven to City of Tigard Planning Division. The easement currendy shown does not allow ful.l access across Parcel2. I've included a copy of the site plan that shows the e�usting parking lot and the approved parkin,g lot modif�cation. The 10' access easement proposed does not cover the entire area needed to supply access/egress to and from Parcel 1, regardless of the parking configuration. 2. Priot to final plat approval, the applicant shall submit a revised site plan for review and approval that reflects the actual lot area of Parcel2 based on the defuution in TDC 18.120. Definition of Lot Area-Ti1e total horizontal area within the lot lines of a lot exclusive of public and private roads,and access easements to other property or the private driveway area of a flag lot. Show the total area of Parcel2,show the access easement area subtracted out,show net lot area. Y ' Was�' 'on County,Oregon 20�a-065468 6 '/ OTI. )8 02:48:01 PM `U� �µIL D-IPF.. Cnt=1 Stn=6 J GREGORY a �%' �� 525.00 55.00 511.00-Total=541.00 r ':, � -� /After recording, return to: I � City of Tigard —Records Division 13125 SW Hall Blvd. oiz�ass32oosoos5assoosoos� Tigard, OR 97223 �,R;�ha�d�ob«��Cn�,���e�to�of A5��5Sme�t a�d ,,,;.�.<, Taxation and Ex-ORicio County Cterk for Washington '.''�;�.,rr.•: �4 County,Oropon,do h�reby certify that the wkhln . ���'-„ instrument of wrltiny was received and recorded in the �;R-���+�,.'��``�� ��'�='r NO CHANGE IN TAX STATEM ENT book of records of sald cou�c�, � r � -r- � � �.•,s'y C J�cl-a+��Q ��a�tc�x�c/i.f"`'°:;:;,l_:��,':� Richard Hobernicht,Director of Assessmant and ���y Taxation,ExAficio County Clerk RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this 2nd day of July, 2008, by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and DDHK VENTURES, LLC, AN OREGON LIMITED LIABILTY COMPANY ("OWNER"). RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in Land Use Case No. MLP2007-00004 dated 9/13/07 Effective Date of Land Use Approval and WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18.810. IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows: Section 1: The real property subject to this Agreement is described as follows: Parcels 1 and 2 of Partition P/a t No. 2008- d S 8� Recorded as Document No. 2008-C1�S '�� 7 . Washington County, Oregon. OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs, successors in interest or assigns. Section 2: The improvements covered by this Agreement are as follows: Highway 99 (SW Pacific Highway) Half-street improvements including, but not limited to, pavement widening, curb and gutter, sidewalk, planter strip, street trees, street lights and storm sewer. Section 3: This Agreement shall be in full force and effect from the date of its execution until the improvements refeRed to in Section 2 are constructed in acco�dance with CITY standards in effect at the time of construction. Restrictive Covenant(Future Street Improvements) Page 1 of 4 Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events: (1) when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, (2} when the improvements are part of a larger public project to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s} of property in addition to the property described in Section 1, or (4) when construction of the improvements are deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the improvements described in Section 2. In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may arise by application of the Reimbursement District Ordinance; Chapter 13.09, TMC, or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties. Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washington County, or the C1TY as may be proposed or adopted and to waive all right to remonstrate against the improvements listed in Section 2 above, submitted either alone or in conjunction with other improvements described in Section 4, as may be proposed. OWNER agrees that in lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement District. OWNER covenants and agrees that the improvements described in Section 2 will specially benefit OWNER'S property as described in Section 1. Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retain the right to protest only the amount or the manner of spreading the assessment, but not the formation of such district. Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18.810. Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such project, but not as part of a Local Improvement District, then CITY will charge to OWNER and OWNER will promptly pay OWNER'S share of the cost of such improvements. OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a public improvement to specially benefited properties. The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed by some third party, so long as the improvements, listed in Section 2, are included within the project. (1) Except as otherwise provided in subsection (2) of this section, prior to construction of such improvements under this section, OWNER shall be provided not less than six (6) months written notice by first class mail that the project will be built. The notice shall advise OWNER that OWNER will share in the cost of such Restrictive Covenant(Future Street Improvements) Page 2 of 4 improvements and provide OWNER with an estimate of the totai project cost as well as an estimate of OWNER'S share of the costs. Failure to provide this "six month" notice in advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment d��e date by the amount of time less than six mvnths that notice was given, but not more than six months. Upon completion of improvements pursuant to this Section, CITY shall provide written notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60} days. If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City in 10 equal annual installments, with the first installment due within 60 days of the notice. The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice. If the installment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest. Interest on overdue payments shall bear interest at the rate of one and one-half(1 '/2%) per month from the date the payment is due until paid. (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1)of this section. Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors may pay to the CITY an amount determined by the CITY to be OWNER's share of the anticipated cost of the future improvements. Payment under this section shall discharge all of OWNER's obligations under this Agreement. City shall use the funds received under this section solely to pay for the costs of the improvements. Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restrictions running with the title to the property covered by this Agreement, and shall be binding upon parties to this Agreement, their heirs, executors, assigns, administrators, and successors and shall be construed to be a benefit and a burden upon the property described in Section 1. The parties agree the CITY may, for purposes of recovering the cost of improvements described in Section 2, levy an assessment against the property, described in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon. Section 11: Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property, described in Section 1 of the conditions, covenants and restrictions against the title to the property imposed by this Agreement. Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 14: The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall Restrictive Covenant(Future Street Improvements) Page 3 of 4 not be affected, so long as this agreement continues to reflect the intent of the parties. The parties shall negotiate an equitable adjustment of this agreement so that the purposes of this agreement are affected. Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it has caused its name to be signed by resolution or official approval of its board of directors. OWNER(S): ��� l���u r�s �� _— J�„n.��-� Na e C rporation . Signature � � G }�w rn�.�j r'nR►�,b� D�N k U��,��.�s�l.< Addr.e���_/! � �� Title G 1 ��l Signature Tax Statement Mailing Address (itd�tterenr trom above) Title STATE OF OREGON) )ss. County of Washington ) This instrumentwas acknowledged before me on �u� (Q �U�y: �'�.y� �(/�� `r (name(s)of person (s))as ' � ►�- (type of authority, e.g., o�cer, trustee, etc.)of Q l��' � _ (name of party on alf of wh�m instr ment was xecuted). - ..�,..._... � OFFICIAL SEAL JASMINE AGUALO No 's Signature ..� NOTAHY PUBUC-0REGON , � �� `� �/ COMMISSION N0.A383193 My Commission Expires: '��Y � // Zv U MY COMMISSION D�IRES JULY 29,2008 � �£ Accepted on behalf of the City of Tigard this � day of � J� , 20 0 9. a �. �1,�.�.,.,__ City Engineer Restrictive Covenant(Future Street Improvements) Page 4 of 4 � ► I � � I-- � � i 1-____� \� / � , . , . ARK ST - ' PARK ST . Vicinity Map ; Restr. Covenant � MLP2007-00004 W Q �ooK �N �`�' �. Q� � z � � Q ST j � I � � i � . Q" ' "=1B6fee1 i i �i •f II � a I Washi�ntoo County,Oregon � � �f��,� orr� l8 02:48:01 PM 2008-065469 ( �} D-AE Cnt=1 Stn=6 J GREGORY D? 520.00$5.00$11.00-Total=536.00 � v °� � � I After recording return to (Name,Address, Zip) 0127495620Q800654690040046 I,Richard Hobarnicht.7irectrr of Assessment and � �t`� Taxatlan and Ex-Offcio Counry Clerk for Washington �f i� County,Oregon,do hereby certiry that the within � '' a instrument of writing was received and recorded in!he �� �_µ�k i.'��,���� DDHK Ventures, LLC book of records ot saitl cou � ,:HY- ,._� � ��:�-`�:;.�_�.::.-.fiL;. Attn: Tim Horst Richard Hobernicht,Director of Assessment and ?:-;�° Taxation,Ex-ORicio County CIerN `'+�'"�-'° 13545 SW Pacific Highway Tigard, �R 97223 SPACE ABOVE THIS LINE FOR RECORDER'S USE DECLARATION OF MAINTENANCE AGREEMENT FOR AN ACCESS EASEMENT Declarant, DDHK Ventures, LLC, an Oregon limited liability company, is the owner of Parcels 1 and 2, Partition Plat,No. 2008-05� , in the City of Tigard, County of Washington, State of Oregon, and Declarant hereby declares as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide for the construction and perpetual maintenance of the access easement and improvements within the easement area by the owners of the Parcels of property described in Section 2 of this Agreement. 2. LEGAL DESCRIPTION. The access easement is as follows: An Access Easement located along the north property line of Parcel2,Partition Plat No. 2008- o�_, as recorded in Document No. 2008-�J(p 5 5�� 7,Washington County Plat Records. 3. DURATION AND NATURE OF AGREEMENT. This Agreement shall continue in perpetuity. This Agreement is intended to and does attach and run with the land affected herein. This Agreement is binding on the undersigned landowners, ("Declarant") and all persons claiming under it. It is the intent of Declarant to create a continuing obligation and right on the part of it and subsequent owners of the subject land. 1 t . 4. OW'.�iERSHIP. Declarant is the owner of Parcels 1 and 2, Partition Plat No. 2008- �.5!� . As Declarant transfers each of the Parcels to subsequent purchasers, each such purchaser shall acquire the right to use the common driveway pursuant to this Agreement. When Declarant has conveyed both Parcels of this Agreement to others, the Declarant's interest shall terminate. 5. MAINTENANCE. The owners of Parcels 1 and 2 shall be jointly and equally responsible for the maintenance of the easement area and improvements. If, however, the act or omission of any owner of Parcels 1 or 2, or guest, invitee, licensee, contractor, or agent of that owner causes damage to the improvements, the owner of Parcel 1 or 2 shall be responsible for the entire cost of the repair, as applicable. The owners of Parcel 1 and 2 shall be responsible for maintaining the driveway including the pavement in a continuously safe condition. Maintenance shall include, but not be limited to: l. The removal of debris, leaves, ice and snow from the common driveway,and maintenance ofthe clearspace above and adjoining it; 2. The removal of trash or other unsightly or dangerous materials; 4. The trimming of trees and vegetation along the common driveway areas; 6. The maintenance ofthe driveway in a useable condition and in good repair. No improvements, plantings, or other materials, which would interfere with the maintenance or operation of the driveway, shall be placed near the driveway. Landscaping having a root system, which will not damage the driveway, may be placed near the driveway easement and the replacement of landscaping shall not be included in the cost of any maintenance work. - 6. INDEMNIFICATION. The owners of the common driveway area shall hold harmless, defend and indemnify the City ofTigard and the City's oi�icers, agents, and employees against all claims, demands, actions and suits, including attorneys' fees and costs brought against any of them arising out of the failure to properly design, locate, construct or maintain the improvements or common driveway which is subject to this Agreement or for damage to any property resulting from the failure to maintain the common driveway or improvements in a safe condition. All workers undertaking maintenance work on the common driveway shall have standard liability insurance in a reasonable amount from a reputable insurance 2 company which protects each oti�ner. Each of the owners of the common driveway area shall release and indemnify the others against all liability for injury to an owner, member of the owner's family, or resident of any owner's home for injury or for property damage when it results from any undertaking pursuant to this Agreement. 7. MAINTENANCE OBLIGATIONS AND ARBITRATION. The owners of the common driveway shall confer from time-to-time regarding performance of required maintenance under this Agreement. Each Parcel shall have one vote. Where there is more lhan one (1) owner ofa Parcel, each owner shall have a proportionaf share of one (1) vote. In the event of a disagreement concerning maintenance obligations and payment, the owners shall agree upon an arbitrator who shall resolve such disagreement. If the owners cannot agree on an arbitrator, the presiding judge of the Circuit Court of the State of Oregon for the County of Washington shall appoint an arbitrator. The decision of the arbitrator shall be binding on the owners and the fee of the arbitrator shall be borne by the owners. 8. NOTICE. Any notice, demand, or report required under this Agreement shall be sent to each owner in care of the street address of his Parcel, or in the event the owner does not reside on the property, in care of the current property tax notification address of the property; provided, however, that an owner can change their notification address by written notice to each other owner. Any reyuired notice or demand shall be made by hand delivery or certified mail, and shall be deemed received on actual receipt or 48 hours after being mailed whichever first occurs. 9. TERMINATION. The owners may not amend, withdraw from or dissolve this Agreement without the written approval of the City of Tigard. If this Agreement is a condition of the approval of a division of property, the City of Tigard may require such condition to be modified before permitting this agreement to be dissolved or permitting a party to withdraw from this Agreement. IN WITNESS WH REOF, the parties hereto have executed this Maintenance Agreement on this �I�day of , 2008. 3 , ' DDHK VL;NTURES, LLC By: �,I�^rr.�k'�� _ Tim Horst, Managing Member of DDHK Ventures, LLG STATE OF OREGON ) 1n/��{�n��rYL > SS. County of , � ) The foregoing instrument was acknowledged betbre me this�day of �� , 2008 by Tim }(orst, Managing Member of DDHK Ventures, LLC. �..��_ N ary Public for Ore n G JAS N AGUAW y commission expires 2- !. 2�� NOTARY PUBLIC-0REGON MY COMMISSION�D(P�RES��ULY3 291 2008 4 -- - - - - ---- - --:�����_=- =_-_==!��ry�=y� = -__ -- --= R- __,�_. -- --=--- - -----�— - - ... 5cr-�.-u+ n.�......�....-.. _..- , .. .. . . ..... � _.R- �, ,N�ra� `�`'t,�'f;�.=--— �n._�tr . n. �_t .:c: _z_#"`�, - - �"'�`,.�-.,�� �i���, ;l._ ;� � �. �t�i n:: 1''.,.:..� �..;� 3L'tic, r:�+��•`-_---� � .. — — : .�._.�....._.._.�b.t'�:.1� _ --- - -- -- - ...A�RC�,as-,.h59..Y.,�.,•.. .,. ... .. . _ ,._� .-..- . .W, .��.�_ �..rr ��__'___cw 4 . / "_"_—_"—."_ _.._ -_�c�. •Afcer recor8ing. pleaae return to: ' , • �- Stan B. 6otenberg '^ ��� Grenley, Botenberg� et al _�+� � 12 i 1 SG� Fifth Anenue, 30th Ploor _ Portland, OR 97204 = rA9EMEHT �m � 'O �T�is �,ae-weni: is eniered into and ef�Cective `� , 1994, by and hetween Ted and Aelen E. Gano - � r, ("Grantor") nnd auline E. Luty ("Grantee"). _ . � �;Z R E C I T A L S: _ `=1 � E7 =. _•_ � O A. Grantor, ig the owner of property de�cribed on the = - � attached Exhibit "A�' and hereinaPter referred to as Parcel ��i.�� __ _� � o ��; �m B. Grantee is the owner o! proparty described in the �w attached Exh'_bit ��B,�� which is immediately north and adjacent to �z Parcel "i" and is hereinafter described as Parcel "Ii." �r- d��-, z w C. Grantor is also the owner of property described in the ';"�� z� attached Exhibit "C," which is adjacent and immediately west of = � �� d� Parcels i and II, and is hereinafter referred to as Parcel "III." -; .,.,,! �� ��: _ c�i� D. Grantee and Grantor desire to obtain an Easement from _ �� Grantor for the purposes of ingress and egress to and from Parcels �%. � F� "II" and "III," respectively, by means of travel over and acroas � _ �-� Parcel "I" for the benefi•: of Parcels "II" and "III" owners, their ��` tenan�cs and guests. [;; '. ,_: [.;�� NOW, THEREFORE, in consideratior� of the mutual covenants and '� conditions contained herein, and a Contract oE Sale dated °: � Mnwc�',L9 . 1994, IT IS AGREED: 1. Grant of Easemer�, Grantor, hereby grants an irrevocable, non-exclusive Easement to Grantee and Grantor only for tha purposes and in the areas described as fo2lows: - (a) For the pur�ose of inqress and egress to and from � Parcels "II" and "III," for vehicular travel over and across the driveway (described below) of Parcel "T." 2. Drivewav. The Easement sha�l be located within a driveway which commences with a curb-cut located along the most __ northerly portion of Parcel "I" adjacent to S.W. Pacific Highway as is approximately pictorially delineated on the attached Exhibit �'D" (°Drlveway'�) , ;;i: (a) The Driveway continues in a westerly diraction from �'�:;; S.w. Pacific Aiqhway, running parallel to the most northerly property line of Parcel "I" and havinq a width equal to the diatance between the north property line of Parcel �'I" and a point - which is approximately parallel to the curb-cut on the south eide of tha Driveway a2ong S.W. Pacific Hfghway. Paqe 1 - Easement a �a�ono��..nc <i � -z,-�.. .,._,�. ._ _ �ea�s`. " - i �• -�. -�=f'/. b.�Lv: J ri.,�^� i .��-_'� r.fi�.' ����'-"�7' ;�1�. 'al. �� . - , . .++ . . . � .`i'��i� . . '; , ■ 1: � , . � .. . . � / ! : � � , / � ; -��� � ; � , _ � . J • _ � ��; ��, !y% ` � r . � . � � � ,;� � � }i�(� �`" ti�V T,414 /� � � � ��'. �'±i.�'�r� )S, . I 2�;��]� .6.. � s: _ . . . � . : �,l}� .tR � .,i 4� �� � ` � � i .i E.��y.e'� �� ��. e:: � r �. . ..� �, > c r 5 ldr`y4t • --�i oa��i�:,.~ �� s�. . ... . � . . .,�.�A�..� . r - ,� �.f � �11 i ��{f.l r`` . �' �. u��_ � . , . � 16°'h�- r � 3 'F.r�afl�r 3�� � � 1!�� ti•. s���.r t _ f� 1.. • _. , s��r.�.arr -� ' ��_ i ! ; R.. .. .r�' �,�tr�Yk�� _ 11 �' f . _ -�,� < . ���rY• _ S.�i __'.rv.�plN ir4 U ��< . . . `Y!. s7f T7 - . _ .._ ..� .. . i. ,. , }) � • �._._ ' •' — � -. ... ....'___ " . "_ '_".. ... _ ... ._.... . _". ...... . . .::..�^.: �. .. � �{y s'V.f-::. ., . �.i ...b.. .- . . . � . ' . . !_. . .. y� r . ..�. . . .. . .. _J.�__�_._"_. .._._.. ..._. -_ .. S7"�R'}n'"" • -'it'�" .�.rf'an�"l--s ... 1- -...� t — _ � .. '___ l � �yr � - .��.� �.+..��.�.�:.C� °r' '-- _ .. - . ,__'�` � f ---'--^ � �''{�'-� �'�.7� a t �: +� _: - � �.� u ,` � rr,'vlxxi� - ._ ����r>: 7it� k 5 ,. l. .,:-.; �:;;,1� ,4��_ �- �J ? ..� ��N.�' '_ -m•".x--Y.c��_. " -.._- ..__.._.._. - :�.h _-_�..�._:.Y:s "Q _ ' �- 3. Maintenance oP Drivewav. Grantor nnd Grantoe agree to _-=; share equally the cost oP the onqoiag mnint�enance, upkaep ar,d - repair oP the Driveway within tha Eneement. _ (a) In the event Grnntor or Grantee makee any reasonabiy necessary repairs within the Eaeement, the other party shall. - reimburse the party who made auch repairs for one-halY (1/2) oP any - � costs reluted to such repai.rs within thirty (30) daye o! receipt o! - - nn invoice apecifyinq the nature oP such repairs. Any such costs -. - not reimburaed within the thirty (30) day period ehall accr�e ' intarest at the rata oP twelve percent (12�) per annum Prom the date such coete were fncurred until paid. - 4. ;�oaasation. Grantor and Grantee agree to cooperate with -- �.��� each other by requiring Grantor and Grantee, and their tenants, _ employees, customere, invitees, quests, aqents, etc., to refrain = '4�� from (a) parkinq vehicles in the Driveway which would hinder the _ free flow of trafEic to and from Parcels ��II" and "IIT" and (bJ the - improper parkinq of vehicles in desiqnated parking spaces on each �. oE the Parcels. ,., `�,: �, 5. Miecellaneous. In the event Grantee constructs - improvements on Parcel "II" (other than those necessary for the 0 surface parkinq of vehicles thereon) or Grantee uses Parcel II for storage of any kind (excluding the receipt of normal shipments), �_ this Easement shall automatically tersninate and Grantee shall have no further rights hereunder. (a) Grantee acknowledges that any such improvements would cause an overburdening of the Easement. (b) Within sixty (60) days of the recordinq of this Easement, Grantee shall place a sign on Gran�ee's proper�y, -- ' reasonably approved by Grantor, identifying the parking area on ' '' Parcel "II" for tenants, contractors, invitees, agents, etc. The !, �: sign shall also warn against parking vehicles on the Driveway and that violators will be towed at the owner's expense. Svch sign shall be maintained by Grantee in reasonab2y good condition and repaiz for as lonq as this Easement remains in effect. �:� 6. Attornev Fees. In the event suit or action is instituted by either party hereto in order to interpret or enforce the terms hereof, the losing party shall pay the prevailing party its attorney fees and costs aG awarded by the court at trial or upon �;ti . any appeal or review thereof. 7. Bindina-E£fect. This Easement shall be binding upon and inure to the benePit of the parties, their heirs, successors and assigns, shall run with the land and shall benefit Parcels "II" and - "TTS" and burden Parcel "I." Page 2 - Easement � - 19.1o71e,s...nt =�i�. - �y�3{-ic'�,a��77.vat7sl'o�.G�3Ze''rdL;� . - �f ��-' . . . � � , / ' ' • ' / , t c ' � � , � _ � - i � � . . .. . _/ ���� 9a ��„r, r '-1 - `�� .. � . . ./ , . � ti i .� 1� ' . . . � � ,� � 1 _ \��..7� .�y� I . . . ��` � . ,.-:.11 i-,y�. v� � �� ' .. . �' . f . R � 1�.� , f' ; .�' �L{. �. .�� Y ��� . � - • � . '� { �.f' - . 't J r'.ti) �� � � � _ . . i ���ti. ���:. :. ` t�Y:�' . ' � 1 � _. _ na4i�C s`" � '^,�,F j �..' � ' {�F :'+-�--1:,, J -'�x= 7ir �1��if;�� � i � • ,� 1it'o� .:` .. '{. �� ■�.: . ����n, r'`�' ��` a� 1 lt - - tA�er - osi 0� �,� a : - ,�..;�r i� f� 4 � ' ` ( ` i'�j��+xj'R' . __�.� .._ �.��. o� . .7:[ {� � ' . � . � . . . • � , .. . . _. . wSSfl��'R:?:F ,$' , . , _ y .. - ��--'. '- —�-- ..._.__�_ _ . . - : .. �--�---- ---_ ._.-'_— - - - _. . `'••��'� - _- ---`! . . _ _ _� . _. _ � .. . _ _.w....�..._,_ . . � —_ _ �,�.�._� u' ._.+� l��' �z'�'��� `- . _]�'_' YM�—�--_•——� _ ."��' �_ Mw �' �._ _ ._ . .-. '— . �� . _'— F .�ic�� • __:I '.I _�� 8. Bmendment. Thie Eec�ement ahall be �mendod only by and � --° instr.unent in writi;ig signed by Grantor and Grnntee. _-�=; y�^g�� IN WITNES:i WHEREOF, the parties hnve executed th!� �acC�ent = �^�"`! et"cctiva �he date and year firat mentioned above. = �i = _-i�� _- •�'�! GRANTbR: GRANTEE: � ���:�i!�.{: .7,� . � �. � Ted" Gano Paul ne E. Luty _ _ � �.�..i � .,��-- _ y� Helen E. Gano = STATE OF �� ) r " )es. � • County of �Ql� ) ��-' � �::.:�: il On this ,� day of G c , 1994, peraonally ap[ieai��'�",`�'.'�"�::••. ,.`; Ted Gano, who, being duly sworn, acknowledged the for i��'� _ instrument to be his voluz�tary act and deed. , �� +�����''••.', �� . �ti.. c..•.. „ . .. i�•o. .,!. �;��` Notary Public of Oregon"�-';.., V. �`'-. �� - My Commission Ex���c s�����',:' �Y1J12ft�� aae n+au mt�ut t�s.:ao. STATE OF 6RE@91Q j )ss. County of ��?W,� On this ,� day of �u��^ , 1994, personally appear,ed .::,;, Helen E. Gano, who, being duly sworn, acknowledqed the fo*+�ec��'�nH'':�•. '.�<. - _. fnstn�!nent to ba her voluntary act and deed. .C•� �' , ' Notary Public of Oregon �' q"r. ��� � ' � � My Commission £xpires:��►r vuaac sra��' io� ,. nr�ea�ttstarc�r�t r�f�s STATE OF OREGON ) ���������.IM )ss. - County of r���g�, I On this � ��ay of �, 1994, personally appeared Pauline E. Luty, who, being y sworn, acknowledged the foregoing lnstrument to be her volunt ry act and dee 9FfIC1AL SE11L O.�EAKNEHARRI6 Notar blic of Ore on _- � NOTARYPUBUC-OqEQON Y g �J COMMISSIONNO.Q2A7,11 My Co ission Expires:_2�7 MY OO��ISSION EXPIRES JUl.1T,1f51 _::--`�. d Page 3 - Easement 2� 1�o7�e.eu•nt �_� ,�t%!drtTa��1�'���fS�"t!'Ii�,*{'�kl� lS�%j'. _r.;'ti� =✓. 'L9.i:i?:�:t�,'z`ia��::'N� ,, � � �� �� lt t�r � �� � ' , : '' � ` j;` - �:� k .t � ' i' • / � pi i � ``� � ' �� � f ,.. . , . t 1�'� :s a . ����U� ..�T� :� � ' . � � � . ' � � . • .T�. . ... � � F_ �� i?' F , . . . . ' ' . � . , : � . Y r. �' . . � .. .. . ..�. s'�'v� , / y° �1� 1 - t Y . ' . � � .i4 � 1:�, ,�. i�� i - � � � � , - � � . . �' �F Y .. _S-rr�•�17^;�2'','ry� � r. t . �i „ , � F4�t� - • , , . • �-,�,f r,�, � L'� ��w ` . � ,ti , �; . :�.a�t.:. `' - 4 ; _ j ;� _ . • —--- ._ --_= __ . , ... . • — --- - _..._...._ ... ..,. .. --__ ._. � - .. �,_ ._ . . --__.._��_-�_--__---_ ------===°='�--- - . . --- ' . _ ., .-........ ,r�.4" . . . .____ _ . ---- �• .. . _. . _-- - -- --- --- _ r....,._..�_ ... .. .•tuc:...::•t�`.:.1,�.._. ,.: -y,r �..,, �.� . ie- .r-•r9(1�'JF`F"yi!�h'&4�=-".,'---�.�.. . �� ,�.. . , 1: _. . ,ic , .�. _a.U.�. ___ - ��- . ,a '�,. ��. tt �.�. 'i r - Y - 1 Jr�4+l( � �.�'.,�{ akiFrc�.. �. �.- _ -�.vh t �� .lc t . +�� '.lr, .g'}Jl^�� �, �t�� q`�'+ i �,�,r ��. —'_ . ar r. "�ia h i � � ..: Y ���;L l��u 1S ...1.,,.1Lti�C.�,L�i...� i� � ,_ -�_ �_. _ _ .....^�y.t'+�l�.�u'k.�r ' � .._.___ +�frz�vt?w�F�dr_a:3xMiani'�qans��aaor�a.. _._.__.�___.�� ....— --- � • I 1 1t:hibit ��71�� � PlIHCeL I _ A tract of land in section 2, Tosmahip 2 Bouth, Renq� 1 -- _� West, Willamette Meridian, in tho County ot Waahington and State of oreqon. Said tract a! iand bainq moro particular2y daecribed as Pollows: i`•e ��� Commencing at a point that bears South 1305.0 teat and -__° South o3�03�42" West 389.78 Peet from the Weet qunrtor -��� corner of said Section 2, said point o! baqinning io also the Southwest corner of that tract oP land Convayad to �- ;_�I Wayne C. Rembold and J.B. Biehop doing busineas a• _ _ Rembold-Bishop Properties, described in Fee No. 78-8522, _ ;��i Washington Caunty Deed Racords; thence Prom eaid point o! beginning South 78'40'28" Eset along the South lina o! �� r said Rembold-Bishop Tract a distance of 43.45 feet to the � i�� being the intersection of the North line oP S.W. Fiatkins ,,�;r�) Avenue and the west line of Pacific Highway Westt thence �; North 33'15'17'� East alanq the East line oE the said �1, Rembold-Bishop Tract a distance oP 354.77 feet to the ;,::..�� Southeast corner of that tract of land convayed to J.R. `,,,,�I Devers and Dorothy Devers, husband and wife, deecribed in '''^� Book 733, page 31, Washington County Recorde; thence - ; r� North 34'44�43" West along the South Iine of the aaid j7ayPrg Tr�Ct 3ri�? th° :?c�t��ly a::ten�io;s o.° tha scuth lir.a a distance of 120.0 feet to a point; thence South �. �`,;,� 33'15'17" West parallel to the East line of said Rembold- Biehop Tract a distance of 236.0 feet, more or lesa, to ��;� the West line of the said Rembold-Bishop Tract; thence South 03'03�42" West alonq the West line of the said Rembold-Sishop Tract a distance of 135.00 feet, more or +�:'` less, to the point of beginning. :N �i;,� � .,... .. -� ".`� _�� i:,� ',:w :':� ,,� � --:i _' . ;;K■ ��� �,t a � •, r,� / ' � C Ati; ', :n �`z i'' � 1� l � ��� ittr - �- 7�: � � #µ�. � ,� � � � � ��,: _ , � , , � , � _ � .::; ,, M. r ,y o �" , � ti✓��: _ i ? T�i '. I J � y ip' ,,�< .y x� t� -� J • . ; � S ` �l � - n-. , r rif`._r V f' ��t �3 i � t � .1) ��r t �; � / : ;`'���+`.,,j $ _ � e�f L J.� ! _ .. "} s..ra. L.�.-}, ;�l, � y.�� i��. s i E �'���"^�-. � } �.as�w . ` �. _._ �_ �c t�Lk�,�� � _ S�� . i ,��t.'}��P-,�,�r � V �' ' 1 n � .}��[`�7'4'i 1�! ---�_— _ �-t�ti'` `� f ' � w r u ����, ' �{ it�1� � -�= :__... _,... . u� ��� r... . ., � . � . . _ �~ . -. ���t�, +f'f �.�� �— -- — —�%,,, �, ;_:�.. , :- — . ------- _.. _— �;i1r:A'!�G_{Il ... . . :� ::. _... ..... . . . ... r �r . ...r..win+...... ... �.--- �,*�•-f.;,�....�.. . ,r.�.. ,: -- __ ..L. ..�t .ti _. . . . •�;___.. . _ -a-. •. ,. �r � .� - -_. ' - s� ��' �t_____:t� .d v�r.� �F r�r--: y 1 ��..�r",,'�`a Y �4.�..:t �U' •} .1 `�� . . -`I`. '�.11 . � , �� �' %-...,' �rVE) <�,1_.,. - _ ��G r� i a .cMrx �'. . \ �F c .;,� .�� 1 �"� � � - - . `� 15: .� � tr , �r� �.� �, �� ' �`�'Y ;�_ - �� �'f,;;e,.�,{' y..!nr•• p�._��.J .✓--+T•'t. .�.�-,• .1`R�. ":.�'�.V.Y�.f �r�:�':,ihr�f'�.,s�v�n� W,.� x .a-_�^+�--�i.- .,i�+ • • • • � Y�I ' - ��1 " � Exhil�it ��C�� ' - � . .'�.� PAR� I�.I�: �"'. � A tract oE land locatad in tha Southweec one-quarier oi = :. the Southwest ond-quarter oP Section 2, Pownehip 2 Soath, �."-'., Range 1 wast, Willamatte Maridian, washinqton County, �;;;. State of Oregon, daecribad as follows: Beginning at a 3/4 inch iron pipe on tha line betweea ;�;:- Sactions 2 and 3, begin 1305.0 Peat South oP the quarter j section corner common to said Sectione 2 and 3; thenae South 89 deqreas 47� Eaet 218.54 feat to the Northwest corner of Tract II as described in Contract recorded February 22, 1978, Recorder's Fee No. 78 8552; thence 'i1� Southwesterly 86.16 Peet parallel with the Horthwestarly � right of way lfne of the relocated Southwest PacfPic ' Highway to a point on the Northeasterly line of that ' tract conveyed by Wilbur Bishop, Jr. to Harry O. and Geraldine M. Wahl and Leanard E. and Genevieve Wahl, by Deed dated September 13, 1978, recorded September 1B, ; 1978, Recorder's Fee no. 78 41338, Washinqton County Deed Records; thencs Northwaster].y along the Baid _ Northeasterly tract line, 56 Peet to the most Northerly cornar of said Wahl tract; thence South 33 degrees 7.5'17" West 234.0 feet, more or leas, along the Northwesterly line of the said Wahl Tract; theace North 3 degrees 00� East 235.5 feet, more oz less to the point of beginning; TOGETHER WITH a 45.0 foot wide strip of land for inqresa - and egress purposes situated in Ssction 2, Township 2 _ South, Ranga 1 West, Willamette Meridian, City oP Tigard, Washington County, oregon, being more particularly described as follows: The Northeastarly 45.0 of that tract of land conveyed to Harry & Geraldine Wahl and Laonard and Genevieve Wahl, recarded in Fee No. 78-Od1338, Wasliitly�on Countp Daad - � Records, the Southwesterly line of said strip being parallel with tha Northeasterly line of said Wahl tract; LBCLUDING TIIEREFROlf: � A tract of land in the Southwest One Quarter oE the Southwest � � one Qusrter of Section 2, Township 2 South, Range 1 Weet of the �� Wiilamette Meridian, City of Tigazd, Washingtan County, Oregon � described ae foliows: . ,,; Beginning at the Northeaet corner o£ Lot 3, of MELROSE • SoBDIViSION; thence leaving said eubdivision, North 89'44'36" �. Eaet, and along the South line of tl�at tract of land as r deseribed in Fee Number 85-50752, Washington County Deed 1y Records, 139.47 feet to a 5/8 inch Iron Rod und the True Point 1'' of 6eginning oE the herein described parcelf thence continuing along said line North 89�49'36" Eaet, 79.08 feet to a 5/8 inch � Iron Rodt thence ieavfng said line South 33�15'17" West, pazailel ��, to the westerJ.y Right of Way line of the Pacific Highway, 86.36 .feet to a point on the Northerly Line of that Tract af Land as described in Fee Number 764I338, Waehington County Deed Recorda; � thence North 56�44'43" WeSt, along said northerly line of said Fee Number 784133B, 66.00 feet to a 5/B inch Izon Rod; thence • !'� leaving eaid Northerly line, North 33�15'17" East, parallel to .' , the westerly Right of Way line of the Pacific Highway, 42.79 feet to the True Point of Seginning. �� �' . � . . . . ...�r7� -•.�.�-,^, '.,A;.r�a�"+i::r�w�!�.n�. ;�/-uG,i,F.�....-f.� .,��.._, :S.. ... . ,.i 1:.- :,1�j�S4.i�7Ct�. il'c '. ,'� � . ....�. ' �. � , . . , .� , . �.. : . � _ . ., , . ". ,. . .. � , . � � ''y .. - � � . ' . ' : �. � `��i ..f . . . �, . � ' . � . ' .-, . , __ .i . , ; • . , I .,�t ?. . 1 -i . . . 1 y ' _ V Y l� � �,�\ . � . . . . • [.�t(r . . - �! �, l : 1 � . ' , ' . 1 i�� .:t�r �' . . . , � , _ ' � �11�. . t - .. . . , �11-1.�. .�;� , _, _ .. . . - .. . . � - . . , ..�,y'L�?.,.�� � . �..,-_ _-.-_-�s..en�.n.w.�-.�- _'_ __'___"_""_-_-_- _ , . . .. . .. ..-__ . . _ � __. 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Washinqton County,Oregon 2008-065468 � ' M C�j�QO?�QQ��C� 07!' 16 02:48:01 PM vi D-IP� Cnt=1 Stn=6 J GREGORY a � ,� ���-/� 525.00 35.OD$11.00-Total=541.00 � �, �- -. ;�After recording, return to: � i City of Tigard - Records Division � � p� 13125 $W Ha�� B�Vd. 01274953200800654680050057 T� ard OR 97223 I,Richard Hobernicht,Director of Assessment and ,>.. g + ��� Taxation and Ex-ORcio County Clerk for Washington q County,Oreyon,do hsreby certlfy thet the withln �-�-`���� � Inatrumant ot wrklny was rocelved and rocorded In the �� NO CHANGE IN TAX STATEMENT book oTrecards of seld cou�� ��� � r,�';' _ � �.; Rlchard HobsmfcM,Director a�AsseasmeM and - - Taxatlon,Ex-0Rlclo Courdy Clerk ✓�� �� �J: .,-� A , ._ �. , , . t-- � , RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this 2nd day of July, 2008, by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and DDHK VENTURES, LLC, AN OREGON LIMITED LIABILTY COMPANY ("OWNER"). RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in Land Use Case No. MLP2007-00004 dated 9/13/07 Effective Date of Land Use Approval and WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18.810. IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows: Section 1: The real property subject to this Agreement is described as follows: Parce/s 1 and 2 of Partition Plat No. 2008- �58� Recorded as Document No. 2008-G�5 5�G 7 , Washington County, Oregon. OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs, successors in interest or assigns. Section 2: The improvements covered by this Agreement are as follows: Highway 99 (SW Pacific Highway) Half-street improvements including, but not limited to, pavement widening, curb and gutter, sidewalk, planter strip, street trees, street lights and storm sewer. Section 3: This Agreement shall be in full force and effect from the date of its execution until the � improvements referred to in Section 2 are constructed in accordance with CITY standards in effect at the time of construction. Restrictive Covenant(Future Street Improvements) Page 1 of 4 Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events: (1) when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, (2) when the improvements are part of a larger public project to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s)of property in addition to the property described in Section 1, or (4) when construction of the improvements are deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the improvements described in Section 2. In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may arise by application of the Reimbursement District Ordinance; Chapter 13.09, TMC, or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties. Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washington County, or the CITY as may be proposed or adopted and to waive all right to remonstrate against the improvements listed in Section 2 above, submitted either alone or in conjunction with other improvements described in Section 4, as may be proposed. OWNER agrees that in lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement Dis#rict. OWNER covenants and agrees that the improvements described in Section 2 will specially benefit OWNER'S property as described in Section 1. Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retain the right to protest only the amount or the manner of spreading the assessment, but not the formation of such district. Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18.810. Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such project, but not as part of a Local Improvement District, then CITY will charge to OWNER and OWNER will promptly pay OWNER'S share of the cost of such improvements. OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a public improvement to specially benefited properties. The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed by some third party, so long as the improvements, listed in Section 2, are included within the project. (1) Except as otherwise provided in subsection (2) of this section, prior to construction of such improvements under this section, OWNER shall be provided not less than six (6) months written notice by first class mail that the project will be built. The notice shall advise OWNER that OWNER will share in the cost of such Restrictive Covenant(Future Street Improvements) Page 2 of 4 improvements and provide OWNER with an estimate of the total project cost as well as an estimate of OWNER'S share of the costs. Failure to provide this "six month" notice in advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months. Upon completion of improvements pursuant to this Section, CITY shall provide written notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days. If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City in 10 equal annual installments, with the first installment due within 60 days of the notice. The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice. If the installment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest. Interest on overdue payments shall bear interest at the rate of one and one-half(1 '/2%) per month from the date the payment is due until paid. (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section. Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors may pay to the CITY an amount determined by the CITY to be OWNER's share of the anticipated cost of the future improvements. Payment under this section shall discharge all of OWNER's obligations under this Agreement. City shall use the funds received under this section solely to pay for the costs of the improvements. Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restrictions running with the title to the property covered by this Agreement, and shall be binding upon parties to this Agreement, their heirs, executors, assigns, administrators, and successors and shall be construed to be a benefit and a burden upon the property described in Section 1. The parties agree the CITY may, for purposes of recovering the cost of improvements described in Section 2, levy an assessment against the property, described in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon. Section 11: Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property, described in Section 1 of the conditions, covenants and restrictions against the title to the property imposed by this Agreement. Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 14: The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall Restrictive Covenant(Future Street Improvements) Page 3 of 4 not be affected, so long as this agreement continues to reflect the intent of the parties. The parties shall negotiate an equitable adjustment of this agreement so that the purposes of this agreement are affected. Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it has caused its name to be signed by resolution or official approval of its board of directors. OWNER(S): �� ��CN�!l.���-5 L� ���� Na e C rporation , Signature � � G �w rn�,��m�►� D��H k U�h-�u�.�s Ll.� Addr.���_/ � �� Title lil Signature Tax Statement Mailing Address (�di�'erenr from above) Title STATE OF OREGON) )ss. County of Washington ) This instrument was acknowledged before me on��e�by ��� � ���y: �✓n I � "�� (n a m e(s)o f e r s o n (s))a � ✓�- (t y p e o f a u t h o r i t y, e.g., o ff i c e r, t r u s t e e, etc.)of Q � � - (name of party on alf of wh�m instr ment was xecuted). -- — -�.�....�.w.... � JASMIN AGUALp --� i r� No 's Signature •••. :� NOTARY pUgLIC..pREGON My Commission Expires: �u+�� 2v J v MY COMM SS ON ID��RESOULY 29 2008 �£. l Accepted on behalf of the City of Tigard this � + day of d J� , 20 0 8. Q �• �-- City Engineer Restrictive Covenant(Future Street Improvements) Page 4 of 4 i ► � _� � ;—__-�_� �____L__� � � . . . . ARK ST PARK ST �- , ; _ ' Vicinity Map Restr. Covenant � � i w MLP2007-00004 I � Q � V "OOK LN . �C� , �G � Q I � � � I I I � I I I � Y �-- Q ST ; � � � I Q.. � � � 1"=186 feet , q Storm Water Connection Permit Authori� �� � ��� ���� ��� ��� !�� // � . • J/' r v� � j���� � // C1eanWater Serv�ces �i�. Oiir ���,n„n;tn�eut i� cle��r. ��� Permit Number MLP 2007-00004 This authorization to issue a Storm Water Connection Perrnit in accordance with the requirements of Resolution and Order 07-20,section 3.01.2,when signed and dated by the District,verifies that the District has reviewed the constn�ction plans,as submitted by the City,and concurs that they are in accordance with either 1)the Service Provider Letter(SPL),2)the Sensitive Area Pre-Screening Site Assessment issued for the project and acting as the SPL,or;3)the Sensitive Area Pre-Screening Site Assessment acting as the SPL issued for project compliance with the District's water quality protection standards. This authorizes the Jurisdictional City to issue a Stormwater Connection Permit for the project. If modifications occur after the issuance of this letter which create a violation of the Service Provider Letter,then the Permit becomes null and void. It is the responsibility of the Jurisdictional City to notify Clean Water Services of changes that effect the Service Provider Letter. Service Provider Letter Number: 07-000739 Date of Service Provider Letter: March 15,2007 Map and Tax Lot#: 2S1 02CC-00600 Project Name: DDHK Ventures Fast Lane Oil Partition Developer/Applicant: DDHK/Jennifer Kimula Jurisdictional City: Tigard Comments: This Stormwater Connection Permit Application is for a minor land partition. Future development on the created parcel shall require additional review. CONCLUSION The City, in accepting this Authorization for permit and authorizing construction ofi permitted activities, certifies that all portions of this project have been designed to CWS Design and Construction Standa�R&O 07-20 and have been rsviewsd and approved by the Jurisdictional�ity. _ Storm Water F'Lor�ec�ibn Perrr►it authorized by: Date: :� � % � ' 12/27/2007 David Schweitzer, ElT. 10/23✓2007 12-27-07.x1s v���� 51��� � June 2006 � July 2006 S M T W T F 5 S M T W T F S 1 2 3 30 37 7 4 5 6 7 8 9 10 � 2 3 4 5 6 7 8 17 12 13 14 15 i6 17I � 9 10 11 12 13 14 75 18 19 20 27 22 23 241 �I 16 17 78 19 20 21 22 I Zs zs n za zs 3o Tuesday, .1u11@ 27, 2006 _?3 za zs zs z� za zs�i -Pre-A s CD Meetin s Early 8:00 AM 9:00 AM i (9:00 AM -10:00 AM) Pre-App (Garo Wright 6815 SW Walnut MLP 2 lots 503-701-3577) i � � �- I � � 10:00 AM i r � i 11:00 AM i (11:00 AM- 12:00 PM) Pre-app (DD Ventures LLC 13545 SW Pacific Hwy 503-310-4776 Tim Horst Office i Bldg w/12 Pk9 SP ) 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM Late Tasks Notes �� �'1� �G �I�v � I I Shirley Treat 1 5/5/2006-8:17 AM . � Tualatin Valley Fire & Rescue Fire Marshal's Office �� 2� �ac� p�2 zoo� — 0�038 Date Project No. Project Name (3Sy� .Sh� PAG1 � IG �4�J Y i lvv� NO+�S7' OF���-E ��6- Assigned Planner c,�I�IZ�L G��rI�S Tualatin Valley Fire & Rescue can endorse this proposal provided the following checked items are included in the ultimate design of the project. ❑ FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. {IFC 503.1.1) ❑ DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. (IFC 503.2.5) � FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. (IFC 503.1.1) ❑ADDITIONAL ACCESS ROADS- COMMERCIAL: Where buildings exceed 30 feet in height or three stories in height shall have at least three separate means of fire apparatus access. Buildings or facilities having a gross area of more than 62,000 square feet shall be provided with at least two separate means of fire apparatus access. Buildings up to 124,000 square feet provided with fire sprinklers may have a single access. (IFC D104) � ADDITIONAL ACCESS ROADS-ONE-OR TWO-FAMILY RESIDENTIAL: Where there are more than 30 one- or two-family dwelling units, not less than two separate approved means of access shall be provided. Where there are more than 30 dwelling units and all are protected by approved residential sprinkler systems, a single access will be allowed. (IFC D107) ❑ ADDITIONAL ACCESS ROADS- MULTIPLE-FAMILY RESIDENTIAL: Where there are more than 100 multiple-family dwelling units, not less than two separate approved means of access shall be provided. Projects up to 200 dwelling units that are protected by approved residential sprinkler systems may have a single access. Projects having more than 200 dwelling units shall have two separate approved means of access regardless of whether they are equipped with fire sprinkler systems. (IFC D106) ❑ AERIAL FIRE APPARATUS ACCESS: Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. Fire apparatus access roads shall have a minimum unobstructed width of 2fi feet in the immediate vicinity of any building or portion of building more than 30 feet in height. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building,and shall be positioned parallel to one entire side of the building. (IFC D105) ❑ REMOTENESS: Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. (IFC D104.3) ❑ FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads . shall have an unobstructed width of not less than 20 feet (12 feet for up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING"signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. (IFC 503.2.1) ❑ FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet. (IFC D103.1} ❑TURNOUTS: When any fire apparatus access road exceeds 400 feet in length, turnouts 10 feet wide and 30 feet long shall be provided in addition to the required road width and shall be placed no more than 400 feet apart, unless otherwise approved by the fire code official. These distances may be adjusted based on visibility and light distances. (IFC 503.22) ❑ NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface,"No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire lane. Signs shall read "NO PARKING - FIRE LANE" and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (IFC D103.6) ❑ SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load {wheel Ioad)and 75,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. (IFC D102.1) ❑ BRIDGES: Where a bridge or an elevated surface is part of a fire apparatus access road,the bridge shall be constructed and maintained in accordance with AASHTO Standard Specification for Highway Bridges. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus.Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official. (IFC 503.2.6) ❑TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 feet and 48 feet respectively, measured from the same center point. (IFC 503.2.4 & D103.3) ❑ PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red and marked "NO PARKING FIRE LANE" at approved intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background. (IFC 503.3) 0 GRADE: Fire apparatus access roadway grades shall not exceed 10 percent. Intersections and turnarounds shall be level (maximum 5%)with the exception of crowning for water run-off. When fire sprinklers are installed, a maximum grade of 15% may be allowed. The approval of fire sprinklers as an alternate shall be accomplished in accordance with the provisions of ORS 455.610(5). (IFC 503.2.7 & D103.2) ❑ GATES: Gates securing fire apparatus roads shall comply with all of the following: (IFC D103.5) • Minimum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or island. • Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width. • Gates shall be set back at minimum of 30 feet from the intersecting roadway. • Gates shall be of the swinging or sliding type • Manual operation shall be capable by one person • Electric gates shall be equipped with a means for operation by fire department personnel • Locking devices shall be approved. �OMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the building shall not . �zceed 3,000 gallons per minute (GPM} or the available GPM in the water delivery system at 20 psi, whic ever is less as calculated using IFC, Appendix B. A worksheet for calculating the required fire flow is available from the Fire Marshal's Office. (IFC B105.2) � � . ' ❑ SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (IFC B105.1) ❑ RURAL BUILDINGS - REQUIRED FIRE FLOW: Required fire flow for rural and suburban areas in which adequate and reliable water supply systems do not exist may be calculated in accordance with National Fire Protection Association Standard 1142, 2001 Edition, when approved by the fire code official. Please contact the Fire Marshal's Office for special assistance and other requirements that may apply. (IFC 6105.1.1) �IRE HYDRANTS— COMMERCIAL BUILDINGS: Where a portion of the building is more than 400 feet from �a�hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the building, on-site fire hydrants and mains shall be provided. This distance may be increased to 600 feet for buildings equipped throughout with an approved automatic sprinkler system. (IFC 508.5.1) ❑ FIRE HYDRANTS— ONE-AND TWO-FAMILY DWELLINGS &ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s}, on-site fire hydrants and mains shall be provided. (IFC 508.5.1) IRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants available t a building shall not be less than that listed in Appendix C,Table C 105.1. Considerations for placinA fire hydrants mav be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants as approved. Hydrants that are up to 600 feet away from the nearest point of a subject building that is protected with fire sprinklers may contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants unless approved by the fire code official. • Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to the required number of hydrants. Heavily traveled collector streets only as approved by the fire code official. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the fire code official. ❑ FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (IFC C102.1) ❑ REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (IFC 508.5.4) ❑ FIRE HYDRANTIFIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 100 feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. FDCs shall normally be remote except when approved by the fire code official. (IFC 912.2) ❑ ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (IFC 1410.1 & 1412.1) ❑ KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an order form and instructions regarding installation and placement. (IFC 506) �� � ��.� John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 503-356-4700