MLP2007-00010 NOTICE OF TYPE II DECISION
�,
MINOR LAND PARTITION (MLP) 2007-00010 =
BERG PARTITION
120 DAYS = 11/16/2007
SECTION I. APPLICATION SUMMARY
FILE NAME: BERG PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2007-00010
Variance (VAR) ' VAR2007-00016
PROPOSAL: The applicant requests approval m partition one (1) 32,538-SF parcel into three (3) lots of
14,148 square feet (SF), 7,590 SF and 6,673 SF. The e�sting single-family home will remain
on one lot and two new single-family homes will be built on the other lots. The ap licant also
requests approval of a variance to the minimum lot size for proposed Lot 3 from �,500 SF to
6,673 SF. While the e�sting lot has enough area for three lots of at least 1,000 SF above the
minimum lot size, the requirement to continue SW Ellson Lane from the neighboring
Stonechase subdivision would limit the configurarion of the proposed lots so that one lot is
827 SF below the muiimum lot size. The applicant axgues that the unusually narrow shape of
the lot and street pattern of the neighboring subdivision justi� a variance. A variance would
allow the smaller lot to be a non-confornvng legal lot rather an a vacant non-buildable lot.
No addirional lots are requested other than what is normally permitted by the density in the
zone.
APPLICANTS: Dave and Kathy Berg APPLICANT'S Gary I�arling
14297 SW 133rd Avenue REP: DL Design Group, Inc.
Portland, OR 97224 9045 SW Barbur Blvd., Ste. 101
Pordand, OR 97219-4036
OWNERS: Ronald M. &Pearl D. Koenig
11329 S`�1 Nortl-� Dakota Street
Portland, OR 97223
ZONING
DESIGNATION: R-4.5: Low-Densi Residential. The R-4.5 zoning district is designed to acconuiiodate
detached single-f � y homes with or without accessory residenrial units at a minimum lot size
of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally.
LOCATION: 11329 SW North Dakota Street;Washington Counry Tax Map 1S134DB,Tax Lot 500.
PROPOSED PARCEL 1: 14,148 Square Feet
PROPOSED PARCEL 2: 7,590 Square Feet
PROPOSED PARCEL 3: 6,673 Square 1�eet
APPLICABLE
REVIEW
CRITERIA: Communiry Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.730, 18.745, 18.765, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Norice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the
request for a partition subject to certain conditions. The findings and conclusions on which the decision is based are
noted in Secrion V.
NO"1'ICI�:(�1�l�l?C1SlON Ml,l'2007-00010/BI�72G P,Vt'1'1'1'1ON Y,1G1�;1O1�22
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY
ONSITE IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION AND/OR
FILL ACT'IVITIES:
e app icant s a contact or su init e o owmg requirements to e CI Y ARBORIS , ODD PRAGER
(503) 7i8-2700:
1. Prior to site work,the Project Arborist shall revise the tree protection program and/or the applicant shall revise
the site plan to indicate that the tree fencing shall not be moved without the perniission and superv�sion of the
Project Arborist.
2. Prior to an�ysite work the a�p�plicant shall install all proposed tree protection fencing as approved bythe Project
Arborist. The fencing shalC be 6-foot high chain link and u�spected and approved by the City Arboristp nor to
beguuung any site work The tree�protection fencmg shall remain in place through the duration of a Il of the
building construction phases, untiI the final inspection has been passed. After approval from the City
Arbonst,the tree protection measures may be removed.
I tl�Baalder is di�erer�t frrnn th�der.e�o�er or imtial avblicarn•
rior to issuance o�biulding pernuts,t e app cant s all submit site plan drawings indicating the location of the
trees that were preserved on t-he lot dunng site development,location of tree protecuon fencuig,and a signature
of approval from the Pro�ect Arborist regarding the placement and construcuon techruques to be employed in
builcimg the structures. All proposed protection fencuig shall be installed and inspected pnor to beguululg
construction. The fencuig shall remauz u7 place through the duration of all of the building construction phases,
until the final inspection has been passed. After approval from the City Arborist, the tree protection measures
may be removed.
3. The Project Arborist shall submit written reports to the City Arborist at least once every two weeks, from
initial tree protection zone (`I'PZ) fenculg installation through the bLUlding construction phases, as he/she
monitors the construction activities and progress. This inspection will be to evaluate the tree protection
fencin ,deternzine if the fencing was moved at anypoint dunng construction, and deterniine if anypan of the
Tree �rotection Plan has been violated. These reports must be Provided to the City Arborist unt�l the fuial
inspection. The reports shall include any changes that occurred to the TPZ as well as the condition and
location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall
justify why the fencuig was moved, and shall certify that the construction activities to the trees did not
adversely unpact the overall,long-term health and stability of the tree(s).
If the reports are not submitted to the Ciry Arborist at the scheduled intervals, and if it appe�ars the TPZ's or
the Tree Protecuon Plan are not being followed by the contractor or a sub-contractor, the C:iry can stop work
on the project until the City Arbonst and the Pro�ect Arbonst can do an inspection.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s prepare a cover etter an su mit it, a on wi any support7n ocuments an orp ans
that address the following requireinents to the CURRENT P�ANNING DIVISI�N, ATTN: EMILY ENG
(503) 718-2712. The cover letter shall clearly identify where in the submittal the required information is found:
4. Prior to approval of the final plat, the applicant shall revise the area of Lot 1 so that it shall be less than 1.5
times the m�n�mum lot size (11,250 square feet) so that the lot width/depth ratio will not apply_ Otherwise,the
applicant shall revise the depth of Lot 1 so that it is not more than 2.5 tunes the average lot width (see Section
1$.810.060.A). The lot area and dunensions for Lot 2 shall be revised accordingly.
5. The applicant shall revise the site plan to show that the minunum setbacks of the R 4.5 zone are met. In
particular Lots 2 and 3 shall complywith m�n;mum front and garage setbacks of 20 feet from the propertyline.
The app�cant may also apply for an adjustment to 15 feet for the front setback; however the garage setback
shall remain 20 feet.
6. Prior to final plat approval,the applicant shall revise the site plan to indicate the species of the proposed street
trees. The applicant shall also indicate a new street tree within the property line along SW North Dakota Street.
All street trees shall be chosen from the Cit�s street tree list. Size and spacing of street trees shall be as stated
in Code Section 18.745.040.G2.
NOTTCE OF DEQSION MLI'2007-00010/BERG PARTTTION PAGE 2 OF 22
7. Prior to approval of the final plat, the applicant shall revise the visual clearance triangles for Lots 2 and 3 in
accordance with the condirioned front setback change to the required 20 feet. The applicant is hereby norified
that no branches can be lower than 8 feet from the ground for the tree on Lot 1.
The applicant shall prepare a cover letter and submit it, along v��ith any supporting documents and/or plans
that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
tequired information is found:
8. A Public Facility Improvement (PFI) pernut is required for this pro�ect to cover the public sidewalk and any
other work in the �ublic right-of-way. Six (6) sets of detailed pubhc unprovement plans shall be submitted far
review to tlie Enguleerulg Department. NOTE: these plans are in addition to any drawings required by the
Building Division and should only include sheets relevant to public improvements. Public Faciliry
Improvement (PFI) permit plans shall conform to City of Tigard Pubhc Improvement Design Standards,which
are available at City Hall and the City's web page (www.rigard-or.gov).
9. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the
individual or corporate entity who will be designated as the "Permittee", and who u�ill provide the financial
assurance for the public improvements. For example, specify if the enrity is a corporauon, lunited partnership,
LLC, etc. Also s ecify the state within which the entiry is incorporated and provide the name of the corporate
contact person. �ailure to provide accurate informanon to the Engineering Department will delay processing
of project documents.
10. The applicant shall provide a construcrion vehicle access and parking plan for approval by the City Engineer.
The purpose of this plan is for parking and traffic control during the public improvement constnzcrion phase.
11. The City Engineer may determine tlie necessity for, and require submittal and approval of, a construcrion access
and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant
shall provide the plan prior to issuance of building permits.
12. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Betllany Stewart,
Engineerin�.
13. The applicant shall submit construcrion plans to the Engineering Department as a part of the Public Facility
Improvement pexYnit, which indicate that they will construct a half-street improvement along the frontage of
Lots 2 and 3 on SW Ellson Lane. The improvements adjacent to this site shall include:
A. Ciry standard pavement secrion for a Loca1 street from curb to centerline equal to 24 feet;
B. pavement tapers needed to rie the new improvement back into the existing edge of pavement shall be
built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface
runoff;
E. 5 foot concrete sidewalk with a 5 foot planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping and"NO PARKING" signs;
H. streetlight layout by applicant's engineer, to be approved by City Engineer;
I. underground utiliries;
J. street signs (if ap licable);
K. driveway apron (i�f applicable); and
L. adjustments in verrical and/or horizontal aligiunent to construct SW Ellson Lane in a safe manner, as
approved by the Engineering Department.
14. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement permit,indicating that they will construct the follow-ing frontage unprovements along SW Forest
Lane as a part of t�iis project:
A. eyebrow corner, 5-foot concrete sidewalk with 5 foot planter sttip;
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout hy applicant's eng�neer, to be approved by Ciry Engineer; and
D. driveway apron (if apphcable).
NO'1'ICI�.<)1�1�I?CISI<)N MLP2007-00010/BI?RG P,1R77'1'ION P;1Gl�.3O1�22
15. A �rofile of SW Ellson Lane shall be required, extending 300 feet either side of the subject site show-ing the
e�usttng grade and proposed future grade.
16. The applicant shall execute a Restricrive Covenant whereby they agree to complete or parricipate in the future
improvements of SW North Dakota Street adjacent to the subject property,when any of the following events
occur:
A. when the improvements are part of a larger project to be fmanced or paid for by the formarion of a
Local Improvement District,
B. when the improvements axe part of a larger project to be financed or paid for in whole or in part by the
City or other public agency,
C. when the unprovements are part of a larger project to be constructed by a third party and involves the
sharing of design and/or construction expenses by the thitd party owner(s) of property in addirion to
the subject property,or
D. when construcnon of the improvements is deemed to be appropriate by the City Engineer in
conjuncrion with construcrion of unprovements by others adjacent to the subject site.
17. Any extension of�ublic water lines shall be shown on the proposed Public Facility Improvement (I'F� permit
construction drawuigs and shall be reviewed and approved by the City's Water Department, as a part of the
Engineering Departrnent plan review. NOTE: An estimated 12% of the water system costs must be on
deposit with tl�e Water Department priox to approval of the PFI permit plans from tlie Engineering
Department and construction of public water lines.
18. An erosion control plan shall be�rovided as part of the Public Facility Improvement (PF� permit drawings.
The plan shall conform to the Erosion Prevenrion and Sediment Control Design and Plamling Manual,
February 2003 edirion."
19. A final grading plan shall be submitted showing the e�sting and proposed contours. The plan shall detail the
provisions for surface drainage of all lots, and show that they wiIl begraded to insure that surface drainage is
directed to the street or a public storm drainage system approved by the Engineering Department. For
situations where the back pornons of lots drain away from a street and toward adjacent lots, appropriate private
storm drainage lines shall be provided to sufficiendy contain and convey runoff from each lot.
20. 'I`he applicant's final plat shall contain State Plane Coorciinates on two monuments with a tie to the City's global
positionuig system (GPS) geoderic control network (GC 22) as recorded in Washington Counry 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 tlie coordinates, the plat shall contain the scale factor to convert ground
measurements to gnd measurements and the angle from north to grid nortl�. These coordinates can be
established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using convenrional surveying methods.
21. Final Plat Applicarion SuUnussion Reqwrements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to
practice in Ore�on,and necessary clata or narrative.
B. Attach a check ui 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 ininunum standards set farth by the Oregon
Revised Statutes (ORS 92.05),Washington Coun�y,and by the City of Tigard.
D. The right-of-way dedicarion for SW Cedarcrest Street (30 feet from centexline) and SW 74th Avenue
(29 feet from centerline) shall be made on the final plat. The right-of-way dedication shall include the
required corner radius.
E. NOTE: Washington County will not begin their review of the final plat until they receive notice from
the Engineering Department indicating that the City has reviewed the final plat and submitted
comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for
Ciry Engineer s�n ature (for parririons), or Ciry Engineer and Community Development Director
signatures (for subdivisions).
NO'1'I<:I;OI�D}'sCISION M],P2007-000]0/BI�;RG P,11t'1'1'1'IUN P�1C1�;4O1�22
THE FOLLOWING CONDITIONS SHAI_L BE SATISFIED
PRIOR TO ISSUANCE OF SITE OR BUILDING PERMITS:
The applicant shall contact or submit the following to the CITI' ARBORIST, TODD PRAGER (503) 718-
2700:
22. Prior to receiving a building �ermit, the applicant/owner shall record a deed restriction to the effect t11at any
e�sting tree greater than 12' diameter may be removed only if the tree dies or is hazardous accordulg to a
cerrified arbonst. The deed restricrion may he removed or will be considered invalid if a tree preserved in
accordance with this secrion should either die or be removed as a hazardous tYee. The form of this deed
restriction shall be subject to approval by the Director.
The applicant shall prepare a cover letter and submit it, along with any supportin� documents and/or plans
that address the follow�in� requirements to the ENGINEERING DEPARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
23. Prior to issuance of build'uig pernuts, the applicant shall provide the Engineering Department with a
"photomylar" copy of the recorded final plat.
24. Prior to issuance of building ertnits, the applicant shall provide tlie City with as-built drawings of the public
improvements as follows: 1� 3 mil mylar, 2) a diskette of the as-builts in "D�X/G" format, if available;
othen�rise "D�F" w�ill be acceptable,and 3) the as-built drawings shall be tied to the Ciry's GPS network. The
applicant's engineeY 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 tlie development, and their respecrive
�i and Y State Plane Coordinates, referenced to NAD 83 (91). .
25. The applicant shall either place the existing overhead utility lines along SW North Dakota Street underground
as a part of this project, ar they shall pay the fee in-lieu of undergrounchng. The fee shall be calculated by the
fronta e of the site that is arallel to the utility lines and will be 35.00 per lineal foot. If the fee option is
chose n the amount will be �2,310.00 and it shall Ue paid pri�r to iss�uance of building permits.
26. During issuance of the buildin pernut for Parcels 2 and 3, the applicant shall pay the standard water quality
and water quanrity fees per lot�fee amounts will be the latest approved by CWS).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL INSPECTION:
The applicant shall submit the following to the CITY ARBORIST,TODD PRAGER (503) 718-2700:
27. Prior to a final inspection, the Project Arborist shall submit a final cerrificarion indicating the elements of the
Tree Protection Plan were followed and that all remainuig trees on the site are healthy, stable and viable in their
modified grow�ing environment.
The applicant shall contact the CURRENT PLANNING DIVISION,ATTN: EMILY ENG 503-718-2712:
2�. Prior to a final inspection, a member of the plannulg staff will visit the site to ensure that the development is in
conformance���ith this decision.
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.
NC)7'1(J�;C)1�Dl?CISION M],P2007-00010/BI?RG P�Alt'1'1'1`ION V,�GI�.5<)1�22
SE CTION III. BACKGROLTND INFORMATION
Site Inforn�ation and I�'isto .
The sub�ect 0.75-acre parce is located on SW North Dakota Street adjacent to and west of Stonechase subdivision
near S� 112`'' Avenue. Two streets within the subdivision dead-enc�ulto the subJ�ect parcel (SW Forest Lane and SW
Ellson Lane). To the west of the subject parcel is a si�ng le-farrvly home on a 1.99-acre lot. One single-family home
e�sts on the subject parcel, in which there is also a chiIdren's day care. The parcel is essentially flat with a natural
draina e pattern toward the northwest. Black Bull and En�lewood Parks are u1 the vicuuty to the northeast. SW
North�akota Street is classified as a neighborhood route in the Tigard Transponation System Plan. There have been
no previous land use decisions related to the subject parcel.
Pro�osal:
The applicant requests approval to partition the subject parcel (32,538 SF) into three lots of 14,148 SF 7,590 SF and
6,673 5F. The e�sting sulgle-family home will remau-i on one lot and two new single-family homes will �e built on the
ot her lots. T he appli� c��ant al so requests approval of a variance to the m;r,�,,,um lot size for proposed Lot 3 from 7,500
SF to 6,673 SF. Wlvle the e�sting lot has enough area for three lou of at least 1,000 SF above the minimum lot size,
the reqwrement to continue SW Ellson Lane from the neighboring Stonechase subdivision would limit the
configuration of the proposed lots so that one lot is 827 SF below the nururnum lot size. The applicant argues that the
unusually narrow shape of the lot and street pattern of the neighboring subdivision justify a vanance. A vanance would
allow the smaller lot to be a non-confornung legal lot rather than a vacant non-buildable lot. No additional lots are
requested other than what is nornlally pern�itted by the densiry in the zone.
SECTION IV. PUBLIC COMMENTS
Staff sent notice to all property owners within 500 feet of the subject property and received one letter in response to the
proposal. Full comments are u7 the land use file. The letter is summai�zed below:
John and Darlene Buchanan live in the neighboring and recently constructed Stonechase subdivision and ob�ect to the
proposal on the basis that they�don't want to live in a construcuon zone. They have a small child, as we� as other
residents uz the subdivision. They object to SW Ellson being extended for an addiuonal 2 houses. They suggest
creating flag lots instead to access the property to avoid having construction traffic use their street. They say that the
equipment �s dangerous and the construcuon crews work late and on weekends. Lastly, they are against new homes in
the vicuuty because they saythe developer is already having trouble selling the rest of the homes in their subdivuion and
new homes will bnng down property values. They ask why the proposal can't be for just two homes total instead of
three.
RESPONSE: The Ciry may only deny a development application based on noncompliance with the approval criteria
in the code. The submitted comment does not address any of the approval criteria. ,l"herefore, the
proposed partition cannot be denied for the reasons stated in Mr. and Mrs.Buchanan's letter.
To clarify on their concerns, the street pattern in Stonechase subdivision was intended to be extended
in the future to comply with the street connectivity requirements in Chapter 18.810 of the code. This
ap plication does not propose to e�end SW Forest Lane m order to retaui the existing house and the
C:iry Enguzeer has detemuned the extension of both streets is not necessary for connectiviry. Flag lots
are pemutted only if there is no direct access to a public street. In the case of this proposal, there are
three possible public street accesses. The proposed project rr�akes use of two accesses. The extension
of SW Ellson Lane will not only serve the two additional houses, but will provide a connection to new
development beyond the subject property.
Concerning construction activity and noise, the Municipal Code (Chapter 7.40) regulates nuisances,
including the time and manner in which no�se can occur. The Cat�s Code Enforcement Program
handles violations of the Municipal Code. The applicant must also provide the Ciry with a plan to
reduce parking and construction conflicts. These conflicts will be temporary and are similar to any
development ul the City that is building according to what the code allows. Property that meets the
code has the same nght to develop as preceding developments.
Concernin the number of additional homes, the a licant is not proposing any less or more than
allowed. �ccording to the density requirements in �apter 18J15, the sub�ect property has enough
area to be divided uzto no less than three lots and no more than three lots. Therefore, the proposed
partition is required to provide three lou.
NOTTC�OF DEQSION MLI'2007-00010/BERG PARTITION PAGE 6 OF 22
SECTION V. APPLICABLE REVIEW CRITERIAAND FINDINGS
Land Partitions (18.420)
Approval Criteria (18.420.050.A):
1.The proposed partition complies with all statutory and orc:iinance 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 by the analy�sis contained within this admuvstrative dec�sion and through the unposition of
conditions of approval. Provided all conditions of approval are satisfied as part of the development and building
process,this critenon�s met.
2. There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Street & Utility Improvement Standards (Chap ter
18.810). Based on the analysis provided therein,adequate public facilities are available to serve the proposal. Theretore,
this cntenon is met.
3. All proposed improvements meet City and applicable agency standards;and
The public facilities and proposed imp rovements are discussed in the Public Facility Concerns section of this decision.
Conditions of approval will ensure that all proposed improvements meet City and agency standards. Improvements
will be reviewed as part of the pernut process and dunng construcuon, at which time the appropriate review authoriry
will ensure that City and apphcable agency standards are met. Based on the analysis in this decision, this criterion �s
met.
4. All proposed lots conform to the specific requirements below:
(a) The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning
district
The width of the building envelope area for Lots 1, 2 and 3 is 66 feet for each. Therefore, the standard of 50 feet is
exceeded.
(b) The lot area shall be as required by the applicable zoning distric� In the case of a flag lot, the accessway
may not be included in the lot area.
The lot area for Lots 1, 2 and 3 are 14,148 square feet, 7,590 square feet and 6,673 square feet respectively. The City
has granted a variance to the rnuumum lot size for Lot 3. Therefore,two lots will have areas as requu-ed bythe zoning
distnct and one lot will be a nonconforniing legal lot. As discussed later in this decision, the applicant has been
conditioned to revise the area for neighbonng Lots 1 and 2 because the proposed area of Lot 1 does not meet the lot
width and depth ratio required by 18.$10.060.A. In addition, the applicant provided 4,241 square feet as the total area
being dedicated to nght-of-way. The applicant's proposed areas for Lots 1 and 2 are not cons�stent with the total
right-of-way area beuig dedicated and the Iot areas should be adjusted accordingly.
None of the lots are flag lots.
�c) Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a
egally recorded minimum 15-foot wide access easement
Each lot will front a public street by66 feet,therebyexceeding the standard of 15 feet.
(d) Setbacks shall be as required by the applicable zoning district
As conditioned bythis decision,setbacks will be as required bythe R 4.5 zone with or without adjustments.
(e) When the partitioned lot is a flag lot, the developer may detemune the location of the front yarcl, provided
that no side yarci is less than 10 feet Structures shall generally be located so as to maximize separatxon from
e�sting structures.
NOTIC�OF DEQSION MLI'2007-00010/BERG PARTITION PAGE 7 OF 22
None of the proposed lots will be flag lots. Therefore,this criterion does not apply.
(� A screen shall be provided along the property line of a lot of record vvhere the paved drive in an accessway
is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be
required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed
development.
"I'here are no proposed accessways within 10 feet of an abutiing lot. Therefore, tlie applicant is not required to
provide screerung.
(g) The fire district may require the installation of a fire hydrant where the length of an accessway would have
a detrimental effect on fire-fighting capabilities.
The applicant does not propose any private accessways. All parcels will have direct access to a public street.
Therefore, this criterion does not apply.
(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.
A conunon drive is not proposed or rec�uircd. Therefore, this criterion does not apply.
5. Any access way shall comply with the standards set forth in Chapter 18.705,Access, Egress and Circulation.
As shown later in this decision under "Access, Egress and Circulation (18.705)," the standards in Chapter 18.705 have
been met.
G. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the
city shall rec]uire consideration of the dedication of sufficient open land area for greenway adjoining and
within the floodplain. This area shall include portions at a suitable elevation for the construction of a
pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway
plan.
The roposed partiri�n is not adjacent to or in the one-hundred year floodplain. The nearest floodplain is about 1,900
feet (0.35 mile) away from the parririon site. The hi�hest elevation of the nearest floodplain is165 feet. The lowest
elevarion of the parnt�on site is 220 feet. Therefore, this criterion does not apply.
7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with
Chapter 18.370,Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s)
will be processed concurrently.
The applicant has requested a variance to the minimum lot size for proposed Lot 3, the applicarion for�vhich has been
processed concurrently with this decision.
FINDING: All a��roval criteria for the proposed parrition have been met or can be met by satisfyuig
condit�ons of approval.
Variances and Adiustments (18.370�
The applicant requests approval of a variance to the muiunum lot size for proposed Lot 3 from 7,500 SF to 6,673 SF.
While the existing lot has enough area for three lots of at least 1,000 SF above the minimum lot size, tlie requirement to
continue SW Ellson Lane from the neighboring Stonechase subdivision would limit the configuration of the proposed
lots so that one lot is 827 SF below the tnituinum lot size. The applicant argues that the unusually narrow shape of the
lot and street pattern of the neighboring subdivision justify a vanance. A variance would allow the smaller lot to be a
non-conformulg le�al lot rather than a vacant non-buildable lot. No additional lots are requested other than what is
norxnally permitted�by the density in the zone.
Section 18.370.010 states that the Director shall approve, approve with conditions, or deny an application for a
variance based on finding that the following critena are sat�sfied:
a. The proposed variance will not be materially detrimental to the purposes of this tide, to any other
applicable policies and standards, and to other properties in the same zoning district or vicinity;
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The proposed variance will not be materially detrimental to the purposes of this ride, to any other applicable policies
and standards, and to other properries in the same zoning district or�zcuuty because the �roposed parunon will comply
with development standards, as shown by tlus decision, and the applicant is not requesting the vanance to allow more
or less units than what wouldryp ically be allowed ui the R-4.5 zone. In acic3iri�n, L�t 3 would not be smaller than 80%
of the minunum lot size (6,000 square feet), which u�ould be allowed in a subdivision as long as all lots average 7,500
square feet.
b. There are special circiunstances that exist which are peculiar to the lot size or shape, topography or
other circumstances over which the applicant has no control, and which are not applicable to other
properties in the same zoning district;
The special circumstances that exist in this case are the unusually narrow shape of the lot and the e�sting street
connechons and requirement to extend either street. The subject parcel is 0.75 acre,which is enough area to allow for 3
lots of about 9,400 sc]uare feet after the right-of-way dedication required by this decision (SW North Dakota Street, SW
Ellson Lane, and eyebrow corner on SW Forest Lane). The subject parcel would be large enough for 3 lots of about
8,800 square feet even if bot11 streets (Ellson and Forest) were extended. However, extending both streets would result
in two of the three lots belc�w the reqwred ininimum lot size. Extending one street would result in only one lot being
sub-standard. One solurion would be to acquire addirional sc�uare footage from the owner of the neighboring properry
through a lot line adjustment. However, the applicant's rep has indicated that the owner is not interested in selling.
If not for the special circumstances, the subject property would have enough area to divide into three lots well above
the required mimmum lot size of 7,500 square feet. Other dividable single-family parcels of similar size (0.8 acre to 1
acre) in the vicinity and zone are wider than the subject�arcel by at least 10 feet and generally not as lon�. If the parcel
were 10 feet wider, Lot 3 would be 7,676 square feet unth SW Ellson going through. In addirion, the width of smaller
non-dividable lots in the neighboring subdivision and vicirury (0.1�-acre to 020 acre) are generally greater than the
subject property (usually greater than 70 feet wide),indicating that the subject parcel is unusually narrow for a larger lot.
Lastly, t11e neighboring properry is 242 square feet wide. If it were developed, it would not encounter the same
limitations u-ith SW Ellson going through as tlie subject parcel. Therefore, special circumstances exist that do not apply
to other properries in the zone and over which the applicant has no control.
The use proposed will be the same as permitted under this title and City standards will be maintained to the
greatest extent that is reasonably possible while permitting reasonable economic use of the land;
"I"he proposed use, single-family residential, will be the same as permitted under this tide. City standards will be
maintau-ied to the greatest extent (through the review of the proposed parrition and conciitions of approval) while
permitring reasonable economic use of the land. The variance would allow the applicant to build on a lot that is smaller
than tl�e mm�mum lot size requ.ired for parritions, but larger than t11e minimum lot size required for subdivisions in the
same zone.
c. Existing physical and natural systems, such as but not limited to traftic,drainage, dramatic land forms
or parks vvill not be adversely affected any more than would occur if the development were developed
as specified in the title; and
Sensirive lands are not on or near the property. The subject properry is constrained not by natural systems, but by its
unusual narrowness and the e�sting street pattern of the neighbormg subdivision that did not consider the future
development of the subject property. The variance would result in the number of lots that would typically be allowed
hy other properries of the same size u7 the zone. Therefore, the proposed variance will not adversely affect the above-
menrioned systems more than if it were developed as specified in the ride.
d. The hardship is not self-imposed and the variance requested is the minimum variance which would
alleviate the hardship.
The hardship is not self-imposed because of the reasons already discussed. The applicant is not requesting more or less
lots than what is allowed. Therefore, the variance is the ininunum which would alleviate the hardshtp.
FINDING: Based on the analysis above, d�e Vaiiance critetia have been inet.
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Residential Zoning Districts (18.510�
Development standards in residential zoning disuicts are contained in Table 18.510.2. Below is a comparison
of the development standards and the proposed dimensions:
DEVELOPMENT STANDARDS and PROPOSED DIMENSIONS
R-4.5 Lot 1 Lot 2 Lot 3
Standards Pro osed Pro osed Pro osed
Minimum Lot Size
-Detached unit 7,500 sq.ft. 14,148 sq.ft. 7,590 sq. ft. 6,673 sq. ft. (approved by
Variance
Avetage Minimum Lot Width
-Detached unit lots 50 ft. 66 ft. 66 ft. 66 ft.
Minimum Setbacks
-Front yard 20 ft. 18.2 ft.* S ft. S ft.
-Side facing street on corner&through lots 15 ft. N�1 N� N<�
-Side yard 5 ft. 6 Ft.,23.7 ft. 5 ft. S ft.
-Rear yard 15 ft. 98 ft. 25 ft. 25 ft.
-Distance between ro e line and front of ara e 20 ft. ��t least 20 ft. S ft. 5 ft.
Ma�cimum Hei ht 30 ft. Can bet met Can be met Can be met
*Front setback will be non-conforming after right-of-way dedication. Because the house is pre-exisung, the front setback will be
considered non-confoxming but permitted so long as it does not become more non conforming.
FINDING: Development standards have not been fully met. The site plan shows that Lots 2 and 3 will have
front and garage setbacks of 5 feet, which does not meet the 20-foot minimum requirement.
Therefore, the applicant shall be conditioned to provide the correct setbacks with or without
adjustments. As stated before, the ap�licant has been condirioned to adjust the areas for Lot 1 and
Lot 2 to comply with t11e lot depth/wldth rario required by 18.810.060.A and be consistent with the
area being dedicated to right-of-way; however, the revised area would still comply with the minimum
lot size of 7,500 square feet.
COI�TDITION: "I'he applicant shall revise the site plan to show that the minimum setbacks of the R-4.5 zone are met.
In parncular, Lots 2 and 3 shall comply �nth mini,,,um front and garage setbacks of 20 feet from t�ie
property line. The applicant may also apply for an adjustment to 15 feet for the front setback;
however the garage setback shall remain 20 feet.
Access,Egress and Circulation (18.705�
Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site
and for general circulation within the site.
General Provisions (18.705.030):
Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in
this title are cont�nuing requirements for the use of any structure or parcel of real properry in the Ciry.
Access plan requirements.
No building or other permit shall be issued until scaled plans are presented and approved as provided by this
chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall
submit a site plan. The Director shall provide the applicant with detailed information about this submission
requirement.
The applicant has submitted a site plan showing how access, egress and circularion requirements will be fulfilled.
Therefore, this criterion is met.
Public street access.
All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with
a public or private street approved by the Ciry for public use and shall be maintained at the required
standards on a continuous basis.
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All proposed lots connect directly to a public street. Lot 1 will connect to SW North Dakota Street and Lots 2 and 3
will connect to SW Ellson Lane, thereby meeting this criterion.
Curb Cuts. Curb cuts shall be in accordance with Section 18.810.030N.
Thc site plan shows a curb and gutter betu>een the planter strip and street. Curb cuts will Ue further regulated during
the Public Facility Improvement Permit revie�-.
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 would cause or increase existing hazardous tra�c conditions; or vvould
provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to
exist which would constitute a clear and present danger to the public health, safery and general welfare.
The Director has not determined the proposed accesses would require review Uy the Commission. Therefore, this
criterion does not apply.
(2) Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be
discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical
alternative way to access the site.
Neither SW North Dakota Street nor SW Ellson Lane is a c�llecmr �r arterial street. SW North Dakota StYeet is a
neighborhood route and SW Ellson Lane is a local street. Therefore,this criterion does not apply.
(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 within a street, other than an alley. Single-family and duplex dwellings are
exempt from this requirement.
No ser��ice drive is proposed or required. Therefore, this criterion does not apply.
Access Management
(1) An access report shall be submitted with all new development proposals which verifies design of driveways
and streets are safe by rneeting adequate stacking needs, sight distance and deceleration standards as set by
ODOT,Washington County, the City and AASHTO.
"I'he proposed development is for two new lots at the north end of the e�sting lot. The access will be provided by
extenchng Ellson Lane. Each lot will have a single driveway with no sight distance problems. The egress from the
Stonechase subciivision is at Gallo Avenue and North Dakota Street. The Stonechase Subdivision land use applicarion
provided sight distance certificarion for this access prior to issuance of building pernuts.
(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 on approach
to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150
feet, measured from the right-of-way linc of the intersecting street to the throat of the proposed driveway. The
setback may be greater depending upon the influence area, as determined from Ciry Engineer review of a
traffic impact report submitted by the applicant's traffrc en�ineer. In a case where a project has less than 150
feet of street frontage, the applicant must explore any opt�on 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.
North Dakota Street is a Neighborhood Route and the interior streets of the Stonechase Subdivision are classified as
local streets, therefore this cnterion does not apply.
(3) The minimum spacin� of drive�vays and streets along a collector shall be 200 feet. The minimum spacing
of driveways and streets along an artenal shall be G00 feet.
North Dakota Street is classified as a Neighborhood Route, wliich is a local street. No new streets are being added
along North Dakota Street with this applicarion, therefore this criterion is met.
Minimum Access Requirements for Residential Use
(1) Vehicular access and e�ress for single-family, duplex or attached single-family dwelling units on
individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table
18.705.2;
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Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling iuuts on individual lots
shall be one 10-foot paved driveway within a 15-foot-wide access for up to 2 lots. The site plan shows that each lot has
a 10-foot paved driveway��ith the required access. Therefore, this criterion is met.
FINDII\TG: Based on the findings above,the access,egress and circulation standards have been met.
Density Com�utations (18.715�
Section 18.715.020 provides density calculation formulas. Number of dwelling units is determined by the
following:
A. Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s) from the gross acres, which is all of the land included in the
legal description of the properry to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way.
4. All land proposed for�rivate streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to
remain on the site.
The applicant provided the following calculation for net developable area:
Gross site area: 32,538 SF
Public ROW dedicarion: -4,241 SF
Ner dcvelopable area: 28,297 SF
B. Calculating maximum number of residential units. To calculate the maximum number of residential
units per net acre, divide the number of square feet in the net acres by the minimum number of square
feet required for each lot in the applicable zoning district.
"1'he ma�cirnum number of residenrial units perniitted is 3,as shown belou-:
28,411 SF/7,500 SF = 3.77 uiuts = 3 units
C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum
number of residential units per net acre shall be calculated by multiplying the maximum number of
units determined in Subsect�on B above by 80% (0.8).
The miniinum numbex of residenrial units is 3,as shown below:
3.77 units x 0.8 = 3.02 units = 3 ututs
FINDING: The proposed partirion complies with the rninunum and maximum density permitted by the Code.
Landscaping and Screening (18.745�
Street ttees (18.745.040):
A. All development projects fronting on a public street, private street or a private driveway more than 100 feet
in length approved after the adoption of this title shall be required to plant street trees in accordance with the
standards in Section 18.745.040C.
Street trees are required on SW Ellson Lane. The applicant proposes two street trees on each side of SW Ellson Lane.
Concerning SW North Dakota Street, there is an e�sung tree ui the front yard of Lot 1 and close to the property line;
however, the site plan should also show a new street tree. The applicant is condirioned to plant a street tree within the
property line along SW North Dakota Street.
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B. Street Tree Planting List. Certain trees can severely damage utilities, streets and sidewalks or can cause
personal injury.Approval of any planting list shall be subject to review by the Director.
The applicant has not indicated what type of street trees will be planted. Street trees shall be chosen from the City's
street tree list.
C. Size and Spacing of Street Trees. The specific spacing of street trees by size of tree shall be as stated in
Section 18.745.040.C.2 of the code.
The revised site plan shall indicate the species of the pxoposed street trees. Size and spacing of street trees shall be as
stated in Code Secrion 18.745.040.C.2.
FINDING: Based on the findings above, all Landscaping and Scxeening criteria are met or can be met by
satisfying the follow-ing condition:
CONDITION: The applicant shall revise the site plan to indicate the species of t11e proposed street trees. The
applicant shall also indicate a new street tree within the properry line along SW North Dakota
Street. All street trees shall be chosen from the City's street tree hst. Size and spacing of street trees
shall be as stated in Code Section 18.745.040.C.2.
Off-Street Parkin and Loadin Re uirements 18.765
Section 18.765.02 .A states that at the time of the erection of a new structure within any zoning district,
offstreet vehicle parking will be provided in accordance vvith Section 18.765.070 (minimum and maximum
parking requirements).
For single-family dwellings, one parking space per dwelling urut is required. The applicant acknowled�es this
requirement. In addirion, compliance will be regulated at the time of building perxnits. Therefore,this criterion is met.
Section 18.765.030.B.1 states that off-street parking spaces for single-family and duplex dwellings and single-
family attached dwellings shall be located on the same lot with the dwelling(s).
The applicant indicates that the parking spaces will be provided on the individual lots. In addirion, compliance will be
regulated at the time of building pern�.its. Therefore, thts criterion is met.
FINDING: Based on the findings above,parking and loading requirements have met.
Tree Removal (18.790�
Tree Plan Requirements (18.790.030):
A. A tree plan for the planting, removal and protection of trees prepared by a cettified arborist shall be
provided for any lot, parcel or combination of lots or parcels for which a development application for a
subdivision,partition, site development review,planned development or conditional use is filed. Protection is
preferred over removal wherever possible.
A tree preservation and removal plan has been prepared by Kay Kinyon, certificate number PN-0409.
B. Plan requirements. The tree plan shall include the following:
1. Identification of the location, size and species of all existing trees including trees designated as significant
by the city;
The tree inventory identifies tlle size and species of all existing trees including trees over 6 caliper inches. The tree
plan shows an inventory table and location of all trees. Therefore, this criterion is met.
2. Identification of a program to save existing trees or miti ate uee removal over 12 inches in caliper.
Mitigation must follow die replacement guidelines of Section 1�.790.060D, in accordance with the following
standards and shall be exclusive of trees required by other development code provisions for landscaping,
streets and parking lots:
(a) Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in
accordance with Section 18.790.060D of no net loss of trees;
NO"1']CI�,O��1�l�,CISiON Ml,l'2007-00010/BI?RG 1'��IZ'17'17<)N P�1GI?13 OI�22
(b) Retention of from 25% to 50% of existing trees over 12 inches in caliper requites that two-thirds of the
trees to be removed be mitigated in accordance with Section 18.790.OGOD;
(c) Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the
trees to be removed be mitigated in accordance with Section 18.790.060D;
(d) Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation.
None of the trees over 12 or 6 caliper inches are being removed. Therefore, no mitigarion is required.
3. Identification of all trees which are proposed to be removed;
No trees w�ill be removed.
4. A protection program defining standards and methods that will be used by the applicant to protect trees
during and after construction.
The tree plan includes a protecrion program defining standards and methods that will be used by tlze applicant to
protect trees during and after construcnon. However, the Ciry Arborist notes that the tree protecrion program does not
ulclude the stipularion that the tree fencing shall not be moved w-itl�out the permission and supervision of the Project
Arborist. The Project Arborist shall revise the tree protecrion pro�ram and/or the applicant shall revise the site plan to
indicate that the tree fencing shall not be moved u-ithout the pernussion and super�%ision of the Project Arborist.
C. Subsequent tree removal. Trees removed within the period of one year prior to a development application
listed above will be inventoried as part of the tree plan above and will be replaced according to Section
18.790.OGOD.
No trees have been removed in the past year prior to this applicarion being submitted. Therefore, this criterion does
not apply.
Subsequent Removal of a Tree (18.790.040):
Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons
set out in a tree plan, in accordance with Section 18.790.030, or as a conditiun of approval for a conditional
use, and shall not be subject to removal under any other section of this cha�ter. The property owner shall
record a deed restriction as a condition of approval of any development permit affected by this section to the
effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist.
The deed restriction may be removed or will be considered invalid if a tree �reserved in accordance with this
section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject
to approval by the Director.
A condirion of approval reqturing the above shall ensure that this criterion is met.
FINDING: Tree protecrion has not fully been met. The applicant shall satisfy the condirions below:
CONDITIOI�TS:
. Prior to site work, the Project Arborist shall revise the tree protection program and/or the
applicant shall revise the site plan to indicate that tlie tree fencing shall not be moved
v�nthout the permission and supervision of the Project Arborist.
. Prior to any site work the applicant shall install all proposed tree protecrion fencing as
approved by the Project Arbonst. The fencing shall be ins�ected and approved by the City
Arborist pnor to beguuung any site work. The tree protecnon fencing shall remain u-i place
through the duration of all of the building construction phases, unril the final inspection has
been passed. After approval from the City Arborist, the tree protecrion measures may be
xemoved.
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If the Briilder is d�erent from tbe develober or initial abl�licant•
Pnor to issuance of building permits, the apphcant shall submit site plan drawings indicating
the locarion of the trees that were preserved on the lot during site development, locarion of
tree protection fencing, and a signature of approval from the Pro�ect Arborist regarding the
placement and construcrion techniques to be employed in building the structures. All
proposed protection fencing shall be installed and inspected prior to beginning
construcrion. The fencing shall remain in �lace through the durarion of all of the building
construcrion phases, until the final inspecaon has been passed. After approval from the
City Arborist, the tree protection meas�es may be removed.
• The Project Arborist shall submit written reports to the Ciry Arborist at least once every
two weeks, from initial tree protecrion zone ('I'PZ) fencin� installarion through the
building construcrion phases, as he/she monitors the construction acriviries and progress.
This inspecrion will be to evaluate the tree protection fencing, deternune if the fencing was
moved at any point during construction, and determine if any part of the Tree Protection
Plan has been violated. These reports must be provided to the Ciry Arborist until the final
inspection. The reports shall include any changes that occurred to the TPZ as well as the
conditton and locahon of the tree�rotectton fencing. If the amount of TPZ v��as reduced
then the Project Arborist shall jusnfy why the fencing was moved, and shall certify that the
construcrion acriviries to the trees did not adversely impact the overall, long-term health
and stability of the tree(s).
If the reports are not submitted to the City Arborist at the scheduled interoals, and if it
appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or
a sub-contractor, tlie Ciry can stop work on the project until the Ciry r'lrborist and the
Project Arborist can do an inspecuon.
. Prior to a final inspecrion, the Pxoject Arborist will submit a final cexrificarion indicating the
elements of the Tree Protecrion Plan were followed and that all remauiuig trees on the site
are healtlzy, stable and viable in their modified growing environment.
• Prior to receiving a building permit, the applicant/owner shall record a deed restriction to
the effect that any e�sting tree greater than 12" diameter may be removed only if the tree
dies or is hazardous accordulg to a cerrified arborist. The deed restricrion may be removed
or will be considered invalid if a tree preserved in accordance with this decision should
either die or be removed as a hazardous tree.
Visual Clearance Areas �18.795�
This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to
intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area
shall contain no vehicle, hedge, planting, fence, vvall structure, or temporary or permanent obstruction
exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall
be visually clear between three (3) and eight ($) feet in height. Trees may be placed within this area provided
that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by
measuring from the corner, 30-feet along the right of way and along the driveway and connecting these two
points with a straight line.
FINDING: The site plan correcdy shows visual clearance triangles for all proposed driveways; however, the
visual clearance triangles for Lots 2 and 3 will change with the conditioned front setback change to
the required 20 feet. There is also a tree within the visual clearance triangle for Lot 1. The
applicant is hereby norified that no branches can be lower than 8 feet from the ground.
CONDITION: Prior to approval of the final plat, the applicant shall revise the visual clearance triangles for Lots 2
and 3 m accordance with tlie conditioned front setback change to the required 20 feet. The
applicant is hereby norified that no branches can be lower than 8 feet from the ground for the tree
on Lot 1.
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Impact Study (18.390�
Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria
when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of
development on public facilities and services. For each public facility system and type of impact, the
study shall propose improvements necessary to meet Ciry standard, and to minimize the impact of the
development on the public at large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real property interests, the
ap�licant shall either specifically concur with a requirement for public right-of-way dedication, or provide
evidence that supports that the real property dedication is not roughly proportional to the projected impacts
of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the
public of an interest in real property, the approval authoriry shall adopt findings vvhich support the conclusion
that the interest in real property to be transferred is roughly proportional to the impact the proposed
development will have on the public.
The applicant has provided an unpact study that quantifies the effect of the proposed parrition on the services below:
Sewer: The e�sting home is currendy using a septic system and will be required to be connected to the public sewer
system prior to building permits for Lots 2 and 3. Lots 2 and 3 will connect to the public sewer main in SW Ellson
Lane. The applicant will extend the sewer main from theis east property line to their west property line.
Water: The subject properry receives Ciry of Tigard watex. Lot 1 is al�eady hooked up to the water line in SW North
Dakota Street. Lots 2 and 3 w-ill hook up to the water line in SW Ellson Lane. The applicant��ill provide new single-
service water meters for Lots 2 and 3.
Storm Draulaee: Storm drainage from Lot 1 will remain the same. Stormwater from Lots 2 and 3 v�-ill be discharged
into the existing public storm sewer system in SW Ellson Lane. The applicant wTill be extending t11e existing storm
sewer line from the site's east property luie to west property line. The applicant indicates that adding a new drainage
system will offset runoff created by the two addirional homes.
Parks: The subject property itself is about '/2 mile south of Englewood Park by street and withui '/z mile west of the
Fanno Creck Trail on SW North Dakota Street. The applicant will be paying a parks system development charge for
the two additional homes at the time of building permits.
"I'rans�ortarion: The e�sting home on Lot 1 will continue to have direct access to SW North Dakota Street. The two
new homes on Lots 2 and 3 will have direct access to SW Ellson Lane and will add about 20 total trips per day. The
Tigard Transportation System Plan (TSP) classifies SW North Dakota Street as a neighborhood route and SW Ellson
Lane as a local street. The nearest collector to the east is SW Tiedeman Avenue,which is about 0.6 mile away from the
site. The nearest collector to the west is SW 12155 Avenue,which is about 0.3 mile away. The nearest bus line is on SW
121"Avenue. There is also a bus line on SW Greenburg Road about OJ mile away. The applicant will mirigate impacts
to the transportarion system through right-of-way dedication on SW North Dakota Street and constructing an eyebrow
corner on SW Forest Lane. In addirion, the apphcant will pay a Washington County Transportation Impact Fee (TIF�
for the two adciitional homes at the time of building permits.
Mitigated Costs and Rough Pro�orrionalitv:
The TIF is a mirigarion measure that is required for new develo ment Based on a transportarion impact study
prepared by Mr. David Larson for the A-Boy Expansion/Dolan II�Resolurion 95-61, TIF's are expected to reca�ture
32 percent of the traffic unpact of new development on the Collector and Arterial Street system. The applicant will be
reqiured to pay TIF's of appro�rnatel $3,020 (Effecrive�July 1, 2004) per new dwelling urut. Therefore, the TIF for
this proposed development is $6,040 (�3,020 *2 new dwelling uruts).
Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee
that would cover 100 percent of this project's traffic impact is $18,875 ($6,040= 0.32). The difference between the TIF
paid, and the full unpact, is considered the unmiri ted impact on the street system. The unmitigated impact of this
project on the transportation system is $12,835 (�18,875 - $6,040). The apphcant's total cost of miti�a t�ng traffic
unpacts is estimated to be $6,115, as shown under "Mitigated Costs" below. There is $6,720 worth of unmingated
unpacts left. Therefore, the required dedication and improvements do not exceed the value of unmitigated unpacts and
meet the rough proportionaliry test.
NO'1TCP,OI'I�I�.(:ISIC)N 1vi1,Y2007-00010/BI'sRG V,�1Z"1'I'1'ION P,AGI�:16 OI�22
Miti�ated C:osts
Right-of-way dedicarion- 1,205 SF (North Dakota Street, Forest Lane).....$3,615
E�ebrow corner (F'orest)................................. . 2 500
Estunated Value of 1��Iitigated Costs $6,115
Estimated Value of Im�acts
FullImpact....................... . .$18,875
Less TIF Assessment...............................................................
6,040
LessMiri ated Costs................................................................6115
Estimate Value of Unmitigated Impacts $ 6 720
�
PUBLIC FACILIT'Y CONCERNS
Street And Utility Improvements Standards (Section 18 810�•
Chapter 18.810 provides construction standards for the implementation of public and private facilities and
utilities such as streets, sewers, and drainage. The applicable standards are addressed below:
Streets•
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing
street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Neighborhood Route with bike
lanes to have a 58 foot right-of-way width and 3G-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 North Dakota Street, which is classified as a Neighborhood Route on the City of Tigard
Transportation Plan Map. At present, diere is approximately 20 feet of ROW from centerline, according to the most
recent tax assessor's map. The applicant should dedicate the addirional ROW required to provide 29 feet from
centerline.
SW North Dakota Street is currendy partially improved. In order to mirigate the impact from this development, the
applicant should enter into a future street improvements agreement.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 42-54 foot
right-of-way width and 24-32-foot paved section. Other improvements required may include on-street
parking, sidewalks and bikeways, underground utilities,street lighting,storm drainage, and street trees.
This site lies acijacent tc� SW Ellson Lane, which is classified as a local street on the City of Tigard Transportarion Plan
Map At present, there is approxirriately 46 feet of ROW, according to tlze most recent tax assessor's map. The
applicant should dedicate 46 feet of ROW from their east properry line to west property line.
SW Ellson Lane is currently constructed up to the applicant's east property line. In order to mitigate the impact from
this development, the apphcant should construct full street unprovements to their west property line. These
improvements include 24 feet of paving, 5 foot planter strips, 5 foot sidewalks, street trees and ground cover, extension
of public utilities and installation of "NO PARKINCJ" signs. This is an internal street provichng access to the two
additional lots proposed.
In addirion, this site lies adjacent to SW Farest Lane, which is classified as a local street on the City of Tigard
Transportation Plan Map. At present, there is a 46 foot ROW that was designed for a T-intersection. The applicant
should dedicate the additional ROW required to provide an eyebrow corner. The applicant's plans show a ROW radius
of 25.5 feet. This plan was previously approved by enguieeruig staff.
SW Forest Lane is currently improved up to the applicant's east property line. In order to mitigate the impact from this
development, the applicant should construct the eyebrow corner as shown on the applicant's plans and previously
approved by engineeruig staf£ This includes a l( fe-�ot curb raciius, 5 foot planter strip, 5 foot sidewalk, street trees and
ground cover.
NC)"1'ICI�:Ot�DI?CiSION M],Y2007-00010/B]iRG Y,�R'17"17ON P�AGl�;]7 O1�22
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed
which shows the pattern of existing and proposed future streets from the boundaries of the proposed land
division. This section also states that where it is necessary to give access or permit a satisfactoty future
division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a
barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not
considered to be cul-de-sacs since they are intended to continue as through streets at such time as the
adjoining property is developed. A barricade shall be constructed at the end of the street by the �roperty
owners whrch shall not be removed until authorized by the City Engineer, the cost of which shall be included
in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
The applicant has submitted a future street plan that shows how Ellson Lane will extend to the west and then turn
south,returning to SW North Dakota Street. This submittal meets this criterion.
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 rnay 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 �rithin the site to provide through circulation when not precluded by
environmental or topographical constraints, existin� 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�rovide rec�uired 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
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.
'1'he applicant's plans show tlle extension of S`�V Ellson Lane to their west property line. Their future stYeet plan shows
the fiirrher extension of Ellson Lane to the aTest, looping back to d1e south to connect with Nortli Dakota Street,
rhereby meeting this cnterion.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on
collector streets, or 12% on any other street (except that local or residential access streets may have segments
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as
determined by the Ciry Engineer.
The applicant's plans indicate the proposed grade of Ellson Lane is appro�mately 3°'0,thereby meeting this criterion.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due re�ard to providing adequate building sites for the use contemplated, consideration of needs for
conven�ent access, �irculation, control and safety of street tra�c 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.
SW Ellson will be ehtenaed t� eventually connect to SW 114`h Place in Winter's Addirion subdivision to the west. The
perimeter of the block created would be about 1,800 feet, thereby meeting the standard for blocks.
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.
NO11C1�;OI�llJ�,(:1SION M].P2007-00010/BI?RG P��R"1'1'1`ION l'AGI?18 O1�22
Lots 2 and 3 are less than 1.5 times the minimum lot size; therefore, the standard does not apply. Lot 1 (14,148 SF) is
greater than 1.5 times the nunimum lot size (7,500 SF x 1.5 = 11,250 SF�. The lot depth (222.35 feet) is 3.37 times the
average lot width (66 feet),which is not permitted.
CONDITION: Prior to the approval of the final plat, the applicant shall revise the area of Lot 1 to be less than
11,250 square feet so that the lot depth/width rario does not apply. Otherwise, the applicant
shall revise the deptl� of Lot 1 so that it is not more than 2.5 times the average lot width. The
lot area and climensions for Lot 2 shall be revised accordingly.
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 �artition, 18.420.050.A.4.c applies,which requires a parcel to
either have a minimum 15-foot frontage or a mirumum 15-foot wide recorded access easement. Tn cases
where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet.
All lots have more tlian 15 feet of frontage required for partitions. Parcels 1, 2 and 3 each have 66 feet of frontage,
respecrively. Lot 1 has addirional frontage along the eyebrow corner on SW Forest Lane. Therefore, the frontage of
each lot exceeds the ininimum standard for parnnons.
Sidewalks: Section 18.810.070.A requires that sidevvallcs be constructed to meet City design standards and be
located on both sides of arterial, collector and local residential streets. Ptivate streets and industrial streets
shall have $idewalks on at least one side.
The applicant's plans indicate they will construct sidewalk on both sides of the extension of SW Ellson Lane. They
will enter into a future street improvements ap,�eement for the frontage improvements along North Dakota Street,
which includes sidewalk,therefore this criterion is met.
Sanitaty Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
developrnent 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 scwer systcros shall include consideration of additional
development v�rithin the area as projected by the Comprehensive Plan.
The two proposed lots at the north end of this site will be served by the extension of the public sewer main in SW
Ellson Lane. The sewer main will be extended from their east property line to their west properry line.
The existing home is currendy using a sepric system. The sepric system must be decommissioned and the e�sting
home connected to the public sewer system prior to issuance of building permits.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate ptovisions for storm water and
flood water runoff:
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other draina e faciliry
shall be lar e enou h to accommodate potential runoff from its entire upstream drainage area,whet�er inside
or outside �e deve�oprnent. The City Engineer shall approve the necessary size of the facility based on the
�rovisions of Design and Construction Standards for Samtary and Surface Water Management �as adopted by
lean 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: Section 18.810.100.D states that where it is anticipated by the City Engineer
that the additional runoff resultin� from the development will overload an exist�ng drainage facility, the
Director and En�ineer shall ��ithfiold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for stora e of additional runoff
caused �b�y the development in accordance with the Design and Construction Stan�ards for Sanitary and
Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or
amendments).
NO"1'ICI?ON llI�:CISION M],P200?-00010/BI�;RG V,UZ77'1'1ON PAGIi 19 Ol�22
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek
Watershed Management Plan. Secrion V of that plan includes a recommendation that local �overnments insritute a
stormwater detention/effecrive unpervious area reducrion program resultuig in no net increase in storm peak flows up
to the 25-year event. The City will require that all new developments resultin� in an increase of unpervious surfaces
provide onsite detention facilities, unless the development is located adJacent to Fanno Creek. Fox those
developments adjacent to Fanno Creek, the storm water runoff will be pern�itted to discharge without detenrion.
The runoff from this development must be collected and discharged to an approved public system. The existing
public stortn sewer system in SW Ellson Lane shall be extended from the apphcant's east property line to the west
property line. The runoff will be discharged to this system. For small projects hke a parririon a fee-in-lieu of on-site
detention may be allowed. Staff recommends the applicant pay the fee-in-lieu.
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.
S���Nortl� Dakota Street is designated as a bicycle facility.
Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit
developments, conditional use perrnits, subdivisions, and other developments w�hich will principally benefit
from such bikeways shall be conditioned to include the cost or construction of bikeway improvements.
1'he applicant is required to enter into a future streets unprovement agreement that will include bicycle striping and
signage.
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 round, except for surface
mounted transformers, surface mounted connection boxes and meter cabinets w�ich may be placed above
ground, temporary utihty service facilities during construction, high capaciry electric lines operating at 50,000
volts or above, and:
. The developer shall make all necessary arrangements with the serving utiliry to provide the
under round services;
. The �ty reserves the ri�ht 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 sfiall 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 w�hich are not underground will serve the development and the approval authoriry determines that the
cost and technical di�culry of under-grounding the utilities outweighs the benefit of under-grounding in
conjunetion 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 vvhich under- rounding would result in
the placement o�additional 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.
There are existing overhead utility lines along the frontage of SW North Dakota Street. If the fee in-lieu is proposed,
it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 66
lineal feet;therefore the fee would be $2,310.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
The City of Tigard provides service in this area. The applicant's plans indicate they will extend the public water line in
SW Ellson Lane from theit east property line to their west property line. Each lot will be provided with a 3/4 inch
water meter, unless otherwise directed by the Ciry of Tigard.
NO'1'ICI�?Ol�ll1��,CIS10N �f],P2007-00010/RI�12G P�1R"1'I"1'ION P�1G1?20 OI�22
Storm Water �ualit�
The Ciry has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water
Setvices (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water qualiry facil�ties. The facilities shall be desi�ned to remove 65
percent of the phosphon�s contained in 100 percent of the storm water runoff�enerated�rom newly created
imperoious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and
method to be used in keeping the facility maintained through the year.
The CWS standards include a provision that v�-ould exclude small projects such as residenrial land parritions. It would
be unpracrical to require an on-site water quality faciliry to accommodate treaunent of the storm water from Parcels 2
and 3. Rather, the CWS standards provide that applicants should pay a fee in-lieu of construcring a facility if deemed
appropriate. Staff recommends payment of the fee in-lieu on this applicarion.
Grading and Erosion Control:
CWS Desi�n and Construction Standards also regulate erosion control to reduce the amount of sediment and
other poliutants reaching the public storrn and surface water system resulting from development
construction, gradin�, excavating, clearin�, and any other activity wtuch accelerates erosion. Per CWS�
regulations, the apphcant is required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
"I'he applicant has submitted a Grading and Erosion Control plan with this application. These plans must be
submitted�t�ith their PFI applicarion for review and approval.
Address Assi�nments:
The Ciry of Tigard is responsible for assi�un g addresses for parcels within the Ciry of Tigard and within tlle Urban
Service $oundary (USB). An addressing fee �in the amount of$50.00 per adciress shall be assessed. This fee shall be
paid to the City pxior to fmal plat approval.
Survey Rec�uirements:
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the
Ciry's global positioning system (GPS) geoderic control network (GC 22). These monuments shall be on the same line
and shall be of the same precision as required for the subciivision plat boundary. Alon� u�ith the c�ureiuiates, the plat
shall eontain the scale factor to convert ground measurements to gnd measurements and the angle from north to grid
north. These coordinates can be established by:
• GPS tie networked to the(;ity's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be ried 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 respecrive �i and Y State Plane Coorclinates, referenced to NAD
83 (91).
SECTION VI. OTHER STAFF COMMENTS
The City of Tigard Engineering Department has reviewed the proposal. Full comments are included in the land
use file (MLP2007-00010). Findings and conditions of approval are included in the Access, Egress and Circularion
(18.705) secrion and Streets and Uriltty Improvements (18.810) section of this decision.
Ciry of Tigard Building Department has reviewed the proposal and notes that water service for lots 1, 2 and 3 shall
be sized per the Oregon Residential Specialty Code. The proposed size is not adequate and should be 3/,.
RESPONSE: The Eng�neering Department has condiri�ned the arplicant to provide a 3/4-inch water meter for each
lot on SW Ellson Lane. The e�sting house on Lot 1 is already connected to the water line in SW
North Dakota Street.
SECTION VII. AGENCY/OTHER SERVICE PROVIDER COMMENTS
Clean Water Services (CWS) has reviewed the proposal and provided general comments and comments related to
sanitary sewer, storm drainage and water quality and erosion control. Full comments are included in the land use file
(MLP2007-00010). The Ciry of Tigaxd Engineering Deparunent has included CWS comments in its condirions of
approval.
NO"17CIC OI�DI�.CISION ivf].Y2007-00010/t31�;RG 1',AR"17'170N P;1G7;21 O1�22
Tualatin Valley Fire and Rescue has reviewed tlie proposal and endorses the proposal based on certain conciirions
of appro�TaL Full comments are included in the land use file (I�1LP2007-00010). 771e City of Tigard Engineering
Dcpartment has included TVF&R requirements in the conditions of approval.
Qwest reviewed the proposal and notes that the proposed partition does not fall widun tl�e Qwest service area.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Norice: Notice was mailed to:
X The applicant and owners
� Owner of record within the required distance
� Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON SEPTEMBER 28,2007 AND BECOMES
EFFECTIVE ON OCTOBER 13,2007 UNLESS AN APPEAL IS FILED.
A�eal:
The D�irector's Decision is final on the date that it is mailed: All persons enrided to notice or u�ho are othenvise
adversely affected or aggrieved by the decision as provided in Sectton 18390.040.G.1. may appeal this decision in
accordance with Section 18.390.040.G.2. of the Tigard Communiry Development Code which provides that a written
appeal together with the required fee shall be filed with the Director within ten (10) business daps of the date the Notice
of Decision was mailed. 'I'he appeal fee schedule and forms are available from the Planning Division of Tigard City
Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal fxom the Director's Decision shall be confined to the
specific issues identified in the written comments submitted by the parties duruig the comment period. Adciitional
evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal
hearing, subject to any additronal 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 OCTOBER 12,2007.
uestions:
If you have any quesrions, please call the Ciry of Tigard Current Plaiuung Division, Tigard City Hall, 13125 SW Hall
Boulevard,Tigard, Oregon at (503) 639-4171.
` � Se�tember 28, 2007
EPAR . Eng DATE
Assistant Planner
J' .-��, ..._--.-.�� ,
✓'�
�- �~ �^�� Se�tember 28,2007
REVIE�X/ED Y: Richar . e�=ersdorff DATE
Planning Manager
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NOTICE OF TYPE II DECISION
„
MINOR LAND PARTITION (MLP) 2007-00010 =
BERG PARTITION
120 DAYS = 11/16/2007
SECTION I. APPLICATION SLTMMARY
FILE NAME: BERG PARTITION
CA.SE NOS: Minor Land Partition (MLP)MLP2007-00010
Variance (VAR) VAR2007-00016
PROPOSAL: The applicant requests approval to partition one (1) 32i538-SF parcel into three� lots of
14,148 square feet (SF), 7,590 SF and 6,673 SF. The exuting sin le-family home remaui
on one lot and two new single-family homes will be built on the ot�er lots. The applicant aLso
requests ap�pr�oval of a vanance to the minunum lot size for proposed Lot 3 from 7,500 SF to
6,673 SF. While the e�sting lot has enough area for three lots of at least 1,000 SF above the
ininirnum lot size, the rec�uu-ement to continue SW Ellson Lane from the neighboring
Stonechase subdiv�sion would limit the configuration of the proposed lots so that one lot �s
827 SF below the irunimum lot size. The applicant argues that the unusually narrow shape of
the lot and street pattern of the neighboruzg subdiv�sion ust�fy a variance. A vanance would
allow the smaller lot to be a non-conforirung legal lot rat�er than a vacant non-buildable lot.
No additional lots are requested other than what �s normally pernzitted by the density in the
zone.
APPLICANTS: Dave and KathvBerg APPLICANT'S Gary Darling
14297 SW 133rd Avenue REP: DL Design Grou ,Inc.
Portland, OR 97224 9045 SW Barbur�l�d.,Ste. 101
Portland,OR 97219-4036
OWNERS: Ronald M. &Pearl D. Koenig
11329 SW North Dakota Street
Portland, OR 97223
ZONING
DESIGNATION: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate
detached single- 'y homes with or without accessory residential uruts at a m�n,mum lot size
of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally.
Some civic and u7stitutional uses are also pernzitted conditionally.
LOCATION: 11329 SW North Dakota Street;Washington County Tax Map 1S 134DB, T�Lot 500.
PROPOSE D PARCE L 1: 14,148 Square Feet
PROPOSED PARCEL 2: 7,590 Square Feet
PROPOSED PARCEL 3: 6,673 Square Feet
APPLICABLE
RE VI E W
CRITERIA: Community Development Code Chapters 18370, 18.390, 18.420, 18.510, 18J05, 18J15,
18.730, 18.745, 18.765, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the
above request. The findings and conclusions on which the decision is based are noted in the full decision, available at
City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be
obtained for twenty-five cents (25C) per page, or the current rate charged for copies at the tune of the request.
SECI'ION 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 DE CISION IS FINAL ON SE PTE MBE R 28, 2007 AND BE COME S
EFFECTIVE ON OC"TOBER 13, 2007 UNLESS AN APPEAL IS FILED.
pA- De-al-:
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 Secuon 18.390.040.G.1 may appeal this decision in
accordance with Section 18390.040.G.2 of the Tigard Community Development Code which provides that a
written appeal together with the required fee shall be filed with the Director within ten �10) busuiess day_s of the
date the Notice of Dec�sion was mailed. The appeal fee schedule and forms are ava able from the 1'lanrung
Division of Tigard CityHall, 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 tlze wntten comments subrrutted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party dunng the appeal
hearing, subject to any additional rules of procedure that maybe adopted from tune to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM 4N OCf4BER 12, 2007.
Fo�estions:
er inforniation please contact the Planning Division Staff Planner, Emil�Ene at (503) 639-4171, Tigard
City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 or by email to emily�gard-or.gov.
f B a �1LCI1I_��
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Emily Eng - RE: Berg Partition Question - Page 1
�---- --
From: "GARY DARLING" <GID@DLENG.NET>
To: "'Emily Eng"' <Emily@tigard-or.gov>
Date: 9/17/2007 12:05:54 PM
Subject: RE: Berg Partition Question
Hi Emily,
It looks like we are dedicating the following:
North Dakota - 10 foot dedication resulting in 660 SF total
Eyebrow-544.50 SF of dedication.
SW Ellson - 3,036 SF of dedication
What is the best format to get you this information?
Thanks
Gary
From: Emily Eng [mailto:Emily@tigard-or.gov]
Sent: Tuesday, September 11, 2007 1:56 PM
To: GID@DLENG.NET
Subject: Berg Partition Question
Gary,
The narrative for the Berg Partition (11329) doesn't tell how much square
footage is being dedicated to right of way. This would include any right
of way to be dedicated on North Dakota, for SW Ellson, as well as for the
eyebrow corner off SW Forest Lane.
Thanks,
Emily
NOTTC�TOMORTGAGEE,LIENHOLDER,VENDORORSELLER
T'HE TIGARD DEVELOPMENT �DE REQLJIRES THAT IF YOU RECEIVE 'IT�IS NO'IICE, IT SIIALL BE PROMI'"ILY
FORWARDED TO THE PURC��.SER
NOTICE OF PENDING ,,
LAND USE APPLICATION :
MINOR LAND PARTITION . , ,
DATE OF NOTICE: July 25,2007
FILE NUMBERS: MINOR LAND PARTITION (MLP) 2007-00010
VARIANC� (VAR) 2007-00016
FILE NAME: BERG PARTITION
REQLJEST: The applicant requests ap�roval to partition one 32,538 square foot lot into three lots of 14,148 SF, 7,590
SF and 6,673 SF. 'I"�ie e�c�sting single-family home will remain on one lot and two new single-family homes
will be built on the other lots. The applicant aLso rec�uesu approval for a Variance to the mirumum lot size
for proposed Lot 3 from 7,500 SF to 6,673 SF. Wl�ule the e�c�sting lot has enough area for three lots of at
least 1,000 SF above the m�n�mum lot size,the rec�uirement to continue SW Ellson Lane in the neighboring
Stonechase subdivision would limit the configu uon of the�proposed lots so that one lot is 827 SF below
the minunum lot size. The applicant argues that the unusually narrow shape of the lot and street pattern of
the neighboring subdivision justify the variance. A variance would allow the smaller lot to be a non-
conformuig legal lot rather than a vacant non-buildable lot.
LOC.ATION: 11329 SW Norrh Dakota Street;Washington County Tax Map 1S 134DB,Ta�c L.ot 500.
ZONE: R 4.5: Low Density Residential. The R 4.5 zoning district is des�'gned to accommodate detached single-family
homes with or without accessory residential uniu at a m�r,�,,,um lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and institutional uses are also pern�itted
conditionally.
APPLICABLE
RE VIE W
CRITERIA Community Development Code C�apters: 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765,
18.790, 18.795 and 18.810.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written
comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 8, 2007.
All conunenu should be directed to Emilv Eng,Assistant Plaruier(x2712� in the Planning Division at the Gty 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
emily�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 ORDEA FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-
MAKING PROCESS
THE QTY OF TTGARD APPREQAT'ES RECEIVING CO1��IIvIENTS AND VALLTES YOUR INPUT. COIvIIv1ENTS WILL
BE CONSIDERED AND ADDRESSED WITHIN T'HE NOTICE OF DEQSION. A DEQSION ON T�IIS ISSUE IS
T'ENTATIVELY SCHEDULED FOR SEPTEMBER 13. 2007. IF YOU PROVIDE COMIVIENTS, YOU WILL BE SENT A
COPY OF `I'F-IE FULL DEQSION ONC�, IT HAS BEEN RENDERED. WRITTEN COMNIENTS WILL BECOME A
PART OF Tf-� PERMANENT PUBLIC RECORD AND SHALL CONTAIN'I'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;
• 1Zaise 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 specificiry on that issue.
FAILURE OF ANY PARTY TO ADDRESS 'IT�E RELEVANT APPROVAL QZITERIA WITH SUFFIQENT SPEQFIQTY
MAY PRECLUDE SUBSEQUENT APPEALS TO TI� LAND USE BOARD OF APPEALS OR QRCUIT COURT ON
THAT ISSUE. SPEQFIC FINDINGS DIRECTED AT TT� RELEVANI' APPROVAL QZITERIA ARE WHAT
CONSTTTUTE RELEVANI'EVIDENC�.
�1FTER 'IT-� 14-DAY COMNIENT PERIOD Q.OSES, TFIE DIRECI'OR SHALL ISSLJE A TYI'E II ADMITIISTRATTVE DEQSION. T�
DIRECTOR'S DEQSION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF REGORD OF PROPERTY LOCATED WITHIN 500
FEET OF Tf IE SUBJECT SITE,AND TO ANYONE ELSE WH�SUBMITTED WRITTEN COIvIMENTS OR WHO IS O'THERWISE ENTITLED TO
NOTTC�. T�iE DIRECTOR'S DEQSION SHALI.ADDRESS ALL OF THE RELEVANf APPROVAL Q2ITERIA. BASED UPON'IT�C�tITERIA
AND'I'f-IE FACTS CONTAINED WITHIN Tf-�E RECORD,'THE DIREGTOR SHALL APPROVE,APPftOVE WITH CONDI'ITONS OR DENY THE
REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAHING PROCESS:
• The application is accepted by the City
• Notice is sent to properry owners of record within 500 feet of the proposed development area allowing a 14-day written
comment period.
• The application is reviewed byCiryStaff 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 Citgrecognized
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 FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to rnake this decision are contained
within the record and are available for public review at the City of Tigard Community Development Department. If you wanc to
inspect the file,please call and make an appointment with either the pmject planner 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 fust page of tivs Notice under the section titled "Your Right to Provide Written
Comments."
��, ' ........................
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RE QUE ST F OR COMME NT S ��
.
DATE: July25,2007 , ' �
TO: Mark Vandomelen,Plans Examination Su�ervisor
FROM: City of Tigard Planning Division
STAFF GONTACT: EmilyEng,Assistant Planner(x2712�
Phone: (503) 639-4171 F�: (503) 624-3681 Email:emil tigard-or.gov
MINOR LAND PARTITION (MLP) 2007-00010/VARIANCE (VAR) 2007-00016
- BE RG PARTITION -
REQUES : e app cant requests approv to partition one 32,538 square oot ot uito t ee ots o 14,148 SF, 7,590
SF and 6,673 SF. The e�sting single-f amily home will remain on one lot and two new single.f amily homes will be built on
the other lots. The applic� a��nt also requests approval for a Variance to the m�n�mum lot size for proposed Lot 3 from
7,500 SF to 6,673 SF. While the e�stm lot has enough area for three lots of at least 1,000 SF above the nununum lot
size, the reqturement to continue S� Ellson Lane ui the neighboring Stonechase subdivision would limit the
configuration of the proposed lots so that one lot is 827 SF below the m,n,mum lot size. The applicant argues that the
unusually narrow shape of the lot and street pattern of the nei hboring subdivision justify the vanance. A vanance would
allow the smaller lot to be a non-confornvng legal lot rather t�an a vacant non-bu�ldable lot. LOCATION: 11329 SW
North Dakota Street;Washington County T�Map 1S134DB,Tax Lot 500. ZONE: R 4.5: Low Densi Residential. The
R 4.5 zoning district is designed to accommodate detached single-family homes with or without accessory resi ent' units at
a muiunum lot size of 7,500 square feet. Duplexes and attached single-family uruts are perniitted conditionally. Some civic
and institutional uses are also pernzitted conditionally. APPLICABLE REVIEW CRITERIA: CommunityDevelopment
Code Chapters: 18.370, 18.39Q, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From inforn�ation 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 will be rendered on the proposal in the near future. If you wrsh to comment on this application,
WE NEED YOUR COMMENTS BACK BY: AZJGUST 8 2007. You may use the space provided below or attach a
separate letter to return your comments. I u are unable to res ond b the above date, please phone the staff contact
noted above with your comments and co irmyour comments in writing as soon as possible. If you have any questions,
contact the Tigard Planrvng 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 office.
Please refer to the enclosed letter or email.
� Written comments provided below:
1.��.-�-�� s���,.;��� �-+s i �z� � s�-�>� � 1�� s ;��i P�� v���,�� �C�-�����r.�l sP��;.- + �-�,---
(��I,�-
Name&Number of Person Commenting:
�h,� c�l; �I� ��,�.z s�.3 7/ � Z v3 ►
I �� �
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RE QUE ST FOR COMMENTS ��
-
DATE: Jul�25,2007 . � �
�____�.
TO: Rob Mumhi Pro'ect En in
�
FROM: � of Ti ard Plaiuun Division �
�
STAFF CONTACI': EmilyEng,Assistant Planner(�7121
one: (503) 639-4171 -3681 Email:emil tigard-or. ov
MINOR LAND PARTITION (MLP) 2007-00010/VARIANCE (VAR) 2007-00016
- BE RG PARTITION -
REQLJES • e app cant requests approva to partrtion one 32,538 square oot ot u�to t ee ots o 14,148 F, 7,590
SF and 6,673 SF. The e�sting suigle-family home will remain on one lot and two new single:family homes will be built on
the other lots. The appli�ca��nt also requests approval for a Variance to the rnuiunum lot size for proposed Lot 3 from
7,500 SF to 6,673 SF. While the existuz lot has enough area for three lots of at least 1,000 SF above the min�mum lot
size, the requirement to continue S� Ellson Lane in the neighboring Stonechase subdivision would limit the
configuration of the proposed lots so that one lot is 827 SF below the m,n�mum lot size. The applicant argues that the
unusually narrow shape of the lot and street pattern of the nei hboring subdivision justify the vanance. A vanance would
allow the smaller lot to be a non-confornung legal lot rather t�an a vacant non-bu�ldable lot. LOCATION: 11329 SW
North Dakota Street;Washington County T�Map 1S 134DB,Tax Lot 500. ZONE: R 4.5: Low Densit�Residential. The
R 4.5 zoning district is designed to accommodate detached single-f amily homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached sin le-family units are�pernzitted conditionally. Some civic
and institutional uses are also pernutted conditionally. APPLICABL� REVIEW CRITERIA: CommunityDevelopment
Code Chapters: 18.370, 18390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From inforniation 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 will be rendered on the proposal in the near future. If you w�sh to comment on this application,
WE NEED YOUR COMMENTS BACK BY: A�JGUST 8 2007. You may use the space provided below or attach a
separate letter to return your comments. I u are unable to res ond b the above date, please phone the staff contact
noted above with your comments and co umyour comments in writing as soon as possible. If you have any questions,
contact the Tigard Plaruling 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 office.
Please refer to the enclosed letter or email.
��Written comments provided below:
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-
DATE: July25,2007 . � �
TO: PE R ATTACHE D
FROM: City of Tigard Planning Division
STAFF CONTACI': EmilyEng,Assistant Planner�x2712�
Phone: (503) 639-4171 Fax: (503) 624-3681 Email:einil tigard-or.gov
MINOR LAND PARTITION (MLP) 2007-00010/VARIANCE (VAR) 2007-00016
- BERG PARTITION -
REQLTES : e app cant requests approva to partition one 32,538 square oot ot mto t ee ots o 14,148 SF, 7,590
SF and 6,673 SF. The e�sting suigle-familyhome will remaul on one lot and two new single.family homes will be built on
the other lots. The applic� a��nt also requests approval for a Variance to the ininunum lot size for proposed Lot 3 from
7,500 SF to 6,673 SF. Wlule the existulg lot has enough area for three lots of at least 1,000 SF above the ininimum lot
size, the requu-ement to continue SW Ellson Lane ui the neighborin� Stonechase subdivision would limit the
configuration of the proposed lots so that one lot is 827 SF below the mirumum lot size. The applicant argues that the
unusually narrow shape of the lot and street pattern of the neighboring subdivision justify the variance. A vanance would
allow the smaller lot to be a non-conforming legal lot rather than a vacant non-bu�ldable lot. LOCATION: 11329 SW
North Dakota Street;Washington County Tax Map 1S134DB,Tax Lot 500. ZONE: R 4.5: Low Densi Residential. The
R 4.5 zoning district is designed to accommodate detached single-family homes with or without accessory resi enti units at
a muiunumlot size of 7,500 square feet. Duplexes and attached sin le-family uruts are�pern�itted conditionall . Some civic
and institutional uses are also permitted conditionally. APPLICABL� REVIEW CRITERIA: Community�evelopment
Code Chapters: 18370, 18396, 18.420, 18.510, 18J05, 18J15, 18J45, 18J65, 18J90, 18J95 and 18.810.
Attached are the Site Plan, V'icinity Map and Ap licant's Materials for your review. From information supplied by
various departments and age� ncies and from other�orn�ation available to our staff, a report and recommendation will be
pr��e ared and a decision wi11 be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: AZJGUST 8 2007. You may use the space provided below or attach a
separate letter to return your comments. I u are unab e to res ond b the above date, please phone the staff contact
noted above with your comments and co irm���your comments in writing as soon as possible. If you have any questions,
contact the Tigard Plaruzuig Division, 13125 SW Hall Boulevard,T"igard,OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter or email.
_ Written comments provided below:
Name&Number of Person Commenting:
� ' '"TY OF TIGARD REQUEST FOP '7MMENTS
NOTIFICA � LIST FOR LAND USE & COMMUNITY D� _OPMENT APPLICATIONS
FILE NOS.: M�.� _ � v V�1�Z��^t'�'`'��FILE NAME: �
CITY OfFICES
�LONG RANGE PLANNING/Ron Bunch,Planning Mgr. CURRENT PLANNING/Todd Prager/Arborist _POLICE DEPT./Jim Wolf,Crime Prevention O�cer
�iBUILDING DIVISIONlMark(residen[ial)Brian(commercial) �ENGINEERING�EPT.IKim McMillan,Dvlpmnt Review Engineer _HEARINGS OFFICER(+y sets)
CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/Rob Murchison,Project Engineer _PLANNING COMMISSIONIGRETCHEN(+12 sets)
COMMUNITY DVLPMNT.UEPT./Planning-Engineering Techs. PUBLIC WORKSlSteve Martin,Parks Supervisor _FILEIREFERENCE(+2 sets)
_CODE ENFORCEMENT/Christine�arnell,Code Compliance Specialist(DCA)
SPECIAL DISTRICTS F�l�� s,z.� ���
�Tt1AL.HILLS PARK 8 REC.DIST.+�ZC TUALATIN VALLEY FIRE 8 RESCUE• �UALATIN VALLEY WATER DISTRICT+�� CLEAN WATER SERVICES�►
Planning Manager North Division Administrative Office Marvin Spiering/SWM Program
15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue
Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124
Beaverton,OR 97005-1152
LOCAL AND STATE IURISDICTIONS
CITY OF BEAVERTON � CITY OF TUALATIN � OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood�w�uN Fo�Ray���.a�
_ Steven Sparks,Dev Svcs Manager 18880 5W 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,Dala RasourceCenler(ZCA) US ARMY CORPS.OF ENG.
Durham,OR 97224 Paulette Allen,GrowThManapementCoordinata OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris�M.a.acws�ene.o�y�
_ Mel Huie,GreenspacesCoordinator�CPNZOA) M2f0 UII081Comp PlanAmentlmenlsBMeasure37) Routing CENWP-OP-G
CITY OF KING CITY� _ Jennifer Budhabhatti,R��o�ai aia��a��wana�as� 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,Grow7hManagamentServices Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY�
OR.DEPT.OF ENERGY lPOweni�es i�nrea� OR.DEPT OF AVIATION cMO�aaoi•rowe..� Dept.of Land Use 8 Transp.
Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue
_CITY OF LAKE OSWEGO+M 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�ACas�
Lake Oswego,OR 97034 _Planning Division�zca�MS,a
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis�cPn�
CITY OF PORTLAND (NOlityfor Wellands antl Polential Environmental ImDacls) Development Review Coordinator poria Mateja�zcn�nns,a
Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section�va���o�s� _Sr.Cartographer,cPazcAiMS�.
1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s�rve��ZCA,MS,S
Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037
_OR.PARKS 8 REC.DEPT.
WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC
Dave Austin�wcccn�°e+r cM�,�.ro.,«„ Sam Hunaidi,r s�s�a��o�s����c Ma�a9e� (NOtity If ODOT R/R-Hwy.Crosainp is On�y Ikcass ro Land� PRESERVATION OFFICE
PO Box 6375 6000 SW Raab Road Dave Lanning,s�aoss��9 sarey sP��a��s� (NOtify if Property Has HO Ovsrlay)
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 PROVIOERS AND SPECIAL AGENCIES
PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Bur��ngton NortherNSanta Fe R/R Predecessor�
Bruce Carswell,President&General Manager
1200 Howard Drive SE
Albany,OR 97322-3336
SOUTHERN PACIFIC TRANS.CO.RJR METRO AREA COMMUNICATIONS �COMCAST CABLE CORP. `RI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer Debra Palmer cn��exaeo�so��y� Gerald Backhaus������A�ea����� �a�o��i�swnn��v.Mneorar�a�SeRO�ne�
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
y� PORTLAND GENERAL ELECTRIC x 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.,5uite 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 �COMCAST CABLE CORP. C�MCAST CABLE COMMUNIC.
Teri 8rady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev ,s�n�o���.ea���u, Brian Every,�BeaHa���Nas�W,
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203
� INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANYIALL
CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify�. h:\pattylmasters\Request For Comments Notification LisLdoc (UPDATE� 6-Jun-07)
(Also update�.i:\curpin�setup\labels\annexationslannexation_utilities and franchises.doc,mailing labels 8 auto lext when updating this docume�
; Emily Eng _MLP 2007-0009, SDR 2007-0002 & MPL2007-00010 Page 1
From: "Smith, Lynn" <Lynn.Smith@qwest.com>
To: <Emily@tigard-or.gov>
Date: 8/6/2007 10:12:06 AM
Subject: MLP 2007-0009, SDR 2007-0002 & MPL2007-00010
Emily,
We have received your notifications on 3 requests that do not fall
within Qwest area,
MLP 2007-00009 Fisher Partition
SDR 2007-00002 Winco Foods Expansion
MLP 2007-00010 Berg 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.
1
�
\\�//
���
CleanWater Services RECEIVED PLAN
c���� ��,�,�,�,��,����,�� �, ������, NING
AUG 0 g 2007
ClTY OF TIGARD
MEMORANDUM
DATE: August 6, 2007
FROM: David Schweitzer, Clean Water Services
TO: Emily Eng, Assistant Planner
City of Tigard Planning Division
SUBJECT: Review Comments—Berg Partition, 2007-00010 MLP, 2007-0016 VAR
GENERAL COMMENTS
■ This Land Use Review by Clean Water Services (CWS)does not constitute approval of
storm or sanitary sewer compliance with the NPDES permit held by CWS. CWS must
review and approve final construction plans prior to issuance of any construction and/or
connection permits.
■ All provisions of the development submittal shall be in accordance with current CWS Design
and Construction Standards, (presently R&O 07-20), and all current Intergovernmental
Agreements between the City and CWS.
■ Final construction plans shall be reviewed and approved by CWS for conformance with
current CWS Design and Construction Standards prior to issuance of any construction
permits.
■ A Stormwater Connection Permit shall be required, as approved by CWS, prior to
construction of sanitary sewer, storm and surface water systems, and any work within
sensitive area buffers and vegetated corridors.
■ Public sanitary and stortn sewer easemenls shall be required in accordance with current CWS
Design and Construction Standards.
SANITARY SEWER
■ Each lot in the development shall be provided with a direct gravity side sewer(service
lateral) connection to a public sanitary sewer mainline in accordance with current CWS
Design and Construction Standards. Each sanitary lateral shall provide service to only one
lot and shall be contiguous with pubic right-of-way or public sewer easement.
■ The engineer shall verify public sanitary sewer availability to adjacent properties and extend
public sanitary sewer to provide service to adjacent properties in accordance with current
CWS Design and Construction Standards, (presently R&O No. 07-20).
2550 SW Hillsboro Highway • Hillsboro, Oregon 97123
Phone: (503)681-3600• Fax: (503)681-3603 • www.CleanWaterServices.org
■ See R&O 07-20 chapter 5.03 for placement of sewer structures in relation to right of way or
easement boundaries.
STORM DRAINAGE AND WATER QUALITY
■ Each lot in the development shall be provided with a gravity service lateral and individual
connection to a public storm conveyance. Privately owned and maintained storm sewers,
including water quality facilities, serving multiple lots shall not be approved. The public
storm sewer system shall be extended to the most distant upstream parcel boundary.
■ A hydraulic and hydrological analysis of the existing drainage and downstream storm
conveyance system, in accordance with current CWS Design and Construction Standards
(presently R&O 07-20), is required. The applicant is responsible for mitigating downstream
storm conveyance if the existing system does not have the capacity to convey the runoff
volume from a 25-year, 24-hour storm event.
■ 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 1S1 34DB-00500 and issued a Sensitive
Area Per-Screening Site Assesment, CWS File Number 07-000830, for the proposed
development dated March 22, 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. All sites exceeding one acre shall require an NPDES
1200C permit.
�
,
Tualatin Valley
Fire & Rescue ' �;�.�t:I ':� r�.
,�J� 0 7 2007
t����r�:��= r��ti�.�U
August 8, 2007
Emily Eng, Assistant Planner
City of Tigard Planning Division
13125 SW Hall Boulevard
Tigard, OR 97223
Re: Berg Partition (MLP)2007-00010
Dear Emily,
Thank you for the opportunity to review the proposed site plan surrounding the above named development
project. Tualatin Valley Fire& Rescue endorses this proposal predicated on the following criteria and conditions
of approval:
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)
SW Ellson Lane does not have the required turnaround.
2) 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)
The turnaround requirement could be waived if the dwellings on Lots 2 8 3 were equipped with
automatic sprinkler systems installed in accordance with recognized standards.
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 26 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)
The fire district does not endorse the design concept wherein twenty feet of unobstructed roadway
width is not provided.
4) 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 6105.1)
The fire hydrants shown on the submitted drawings must be capable of providing the required fire
flow demand.
North Division Offrce
14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax:503-644-2214 www.tvfr.com
J
Tualatin Valley
Fire & Rescue
5) 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)
We trust this letter will be helpful with the final design of this proposal insofar as fire apparatus access and
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,
ao6t� _/� �Sa�6�
John K. Dalby, Deputy Fire Marshal II
Tualatin Valley Fire & Rescue, North Division
14480 SW Jenkins Road
Beaverton, OR 97005-1152
(503) 356-4723
Nor1l1 Division Ojfice
14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax:503-644-2214 www.tvfr.com
Emily Eng - Berg partition Page 1�
- - _ __ . _ - ---� Y
From: <buchanan685@comcast.net>
To: <emily@tigard-or.gov>
Date: 8/8/2007 8:17:52 AM
Subject: Berg partition
Hello;
My wife and I are responding to the notic of pending land use application for the file#2007-00010
variance (var) 2007-00016 We live in the subdivision next to this parcel of land, and have been here since
December, 2006. Our concern is the part of the plan to punch both the ends of our streets through to use
as access to these three homes. Forest Park is the street right off No. Dakota and SW Ellson Ln is the
street at abutting the back of the property (to the north). Our objection is having to use our small,
residential street for another 12-24 months as a construction zone. We have a grade school child and
several of the other neighbors have children as well. Under this proposal, all the traffic to clear the land, do
all the site prep and the construction of these three homes will have to go on our three block residential
streets. We are already fed up with living in a construction zone, and now you propose to make this
construction Zone a semi-permanent fixture. The truc
ks and
equipment are dangerous, noisy and these guys work late and on weekends.
Why can't there be some access and egress from the driveway going into the existing home off North
Dakota? Or, if not that, then extend the Forest Park into the peice of land and use that street as acess to
the other building lots? I think they do this for'flag lots' all the time. And if the developer's argument is that
there isn't enough land on that parcel for 3 buildable lots AND an access road, then just have 2 new
houses there. In fact, why are you allowing more new homes to be built around here now anyway? The
developers can't sell the houses they have built now? It's just going to bring down the overall property
values when they have to cut their prices or go broke.
Please make these developers/builders do something more creative than just use our existing streets,
sidewalks and neighborhood as their construction zone for another year or two!
Thank you,
John & Darlene Buchanan
11062 SW 113th Terrace
Tigard, OR 97223 hm: 503-352-4120
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 9/24/07
TO: Emily Eng, Assistant Planner
FROM: Kim McMillan, Development Review Engineer���
RE: MLP2007-00010 Berg
Access Manaqement (Section 18.705.030.H)
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
The proposed development is for two new lots at the north end of the existing lot.
The access will be provided by extending Ellson Lane. Each lot will have a
single driveway with no sight distance problems. The egress from the
Stonechase subdivision is at Gallo Avenue and North Dakota Street. The
Stonechase Subdivision land use application provided sight distance certification
for this access prior to issuance of building permits.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
North Dakota Street is a Neighborhood Route and the interior streets of the
Stonechase Subdivision are classified as local streets, therefore this criterion
does not apply.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 1
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
North Dakota Street is classified as a Neighborhood Route, which is a local
street. No new streets are being added along North Dakota Street with this
application, therefore this criterion is met.
Street And Utilitv Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
Neighborhood Route (with bike lane designation) to have a 58 foot right-of-
way width and 36-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 North Dakota Street, which is classified as a
Neighborhood Route on the City of Tigard Transportation Plan Map. At present,
there is approximately 20 feet of ROW from centerline, according to the most
recent tax assessor's map. The applicant should dedicate the additional ROW
required to provide 29 feet from centerline.
SW North Dakota Street is currently partially improved. In order to mitigate the
impact from this development, the applicant should enter into a future street
improvements agreement.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
local street to have a 42-54 foot right-of-way width and 24-32-foot paved
section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 2
This site lies adjacent to SW Ellson Lane, which is classified as a local street on
the City of Tigard Transportation Plan Map. At present, there is approximately 46
feet of ROW, according to the most recent tax assessor's map. The applicant
should dedicate 46 feet of ROW from their east property line to west property
line.
SW Ellson Lane is currently constructed up to the applicant's east property line.
In order to mitigate the impact from this development, the applicant should
construct full street improvements to their west property line. These
improvements include 24 feet of paving, 5 foot planter strips, 5 foot sidewalks,
street trees and ground cover, extension of public utilities and installation of"NO
PARKING" signs.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
local street to have a 42-54 foot right-of-way width and 24-32 foot paved
section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW Forest Lane, which is classified as a local street on
the City of Tigard Transportation Plan Map. At present, there is a 46 foot ROW
that was designed for a T-intersection. The applicant should dedicate the
additional ROW required to provide an eyebrow corner. The applicanYs plans
show a ROW radius of 25.5 feet. This plan was previously approved by
Engineering staff.
SW Forest Lane is currently improved up to the applicant's east property line. In
order to mitigate the impact from this development, the applicant should
construct the eyebrow corner as shown on the applicant's plans and previously
approved by Engineering staff. This includes a 16 foot curb radius, 5 foot planter
strip, 5 foot sidewalk, street trees and ground cover.
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is necessary to give access or permit a
satisfactory future division of adjoining land, streets shall be extended to the
boundary lines of the tract to be developed and a barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the
property owners which shall not be removed until authorized by the City
Engineer, the cost of which shall be included in the street construction cost.
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 3
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
The applicant has submitted a future street plan that shows how Ellson Lane will
extend to the west and then turn south, returning to SW North Dakota Street. This
submittal meets this criterion.
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.
The applicant's plans show the extension of SW Ellson Lane to their west
property line. Their future street plan shows the further extension of Ellson Lane
to the west, looping back to the south to connect with North Dakota Street,
thereby meeting this criterion.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed
ten percent on arterials, 12% on collector streets, or 12% on any other street
(except that local or residential access streets may have segments with
grades up to 15°/a for distances of no greater than 250 feet). Centerline radii
of curves shall be as determined by the City Engineer.
The applicant's plans indicate the proposed grade of Ellson Lane is
approximately 3%, thereby meeting this criterion.
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
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 4
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
• Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
• For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.A.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
PLANNING
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant's plans indicate they will construct sidewalk on both sides of the
extension of SW Ellson Lane. They will enter into a future street improvements
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 5
agreement for the frontage improvements along North Dakota Street, which
includes sidewalk, therefore this criterion is met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
The two proposed lots at the north end of this site will be served by the extension
of the public sewer main in SW Ellson Lane. The sewer main will be extended
from their east property line to their west property line.
The existing home is currently using a septic system. The septic system must be
decommissioned and the existing home connected to the public sewer system
prior to issuance of building permits.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
There are no upstream drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 6
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 runoff from this development must be collected and discharged to an
approved public system. The existing public storm sewer system in SW Ellson
Lane shall be extended from the applicant's east property line to the west
property line. The runoff will be discharged to this system. For small projects
like a partition a fee-in-lieu of on-site detention may be allowed. Staff
recommends the applicant pay the fee-in-lieu.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments
adjoining proposed bikeways identified on the City's adopted
pedestrian/bikeway plan shall include provisions for the future extension of
such bikeways through the dedication of easements or right-of-way.
SW North Dakota Street is designated as a bicycle facility.
Cost of Construction: Section 18.810.110.B states that development
permits issued for planned unit developments, conditional use permits,
subdivisions, and other developments which will principally benefit from
such bikeways shall be conditioned to include the cost or construction of
bikeway improvements.
The applicant is required to enter into a future streets improvement agreement
that will include bicycle striping and signage.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 7
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding.
There are existing overhead utility lines along the frontage of SW North Dakota
Street. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street
frontage that contains the overhead lines. The frontage along this site is 66 lineal
feet; therefore the fee would be $ 2,310.00.
Public Water Svstem:
The City of Tigard provides service in this area. The applicant's plans indicate
they will extend the public water line in SW Ellson Lane from their east property
line to their west property line. Each lot will be provided with a 3/4 inch water
meter, unless otherwise directed by the City of Tigard.
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 8
Storm Water Qualitv:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surfaces. In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
The CWS standards include a provision that would exclude small projects such
as residential land partitions. It would be impractical to require an on-site
water quality facility to accommodate treatment of the storm water from
Parcels 2 and 3. Rather, the CWS standards provide that applicants
should pay a fee in-lieu of constructing a facility if deemed appropriate.
Staff recommends payment of the fee in-lieu on this application.
Gradinq and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surface water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
The Federal Clean Water Act requires that a National Pollutant Discharge
Elimination System (NPDES) erosion control permit be issued for any
development that will disturb one or more acre of land. Since this site is
over five acres, the developer will be required to obtain an NPDES permit
from the City prior to construction. This permit will be issued along with
the site and/or building permit.
The applicant has submitted a Grading and Erosion Control plan with this
application. These plans must be submitted with their PFI application for review
and approval.
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.
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 9
Survev Repuirements
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on
two monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie nefinrorked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicanYs as-built drawings shall be tied to the GPS network.
The applicant's engineer shall provide the City with an electronic file with points
for each structure (manholes, catch basins, water valves, hydrants and other
water system features) in the development, and their respective X and Y State
Plane Coordinates, referenced to NAD 83 (91).
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. A Public Facility Improvement (PFI) permit is required for this project to
cover street improvements and any other work in the public right-of-way.
Six/Eight (6/8) sets of detailed public improvement plans shall be submitted
for review to the Engineering Department. NOTE: these plans are in
addition to any drawings required by the Building Division and should only
include sheets relevant to public improvements. Public Facility Improvement
(PFI) permit plans shall conform to City of Tigard Public Improvement
Design Standards, which are available at City Hall and the City's web page
(www.tiqard-or.qov).
. The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
designated as the "Permittee", and who will provide the financial assurance
for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which
the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 10
. The applicant shall provide a construction vehicle access and parking plan
for approval by the City Engineer. The purpose of this plan is for parking
and traffic control during the public improvement construction phase.
. The City Engineer may determine the necessity for, and require submittal
and approval of, a construction access and parking plan for the home
building phase. If the City Engineer deems such a plan necessary, the
applicant shall provide the plan prior to issuance of building permits.
. Prior to final plat approval, the applicant shall pay the addressing fee.
(STAFF CONTACT: Bethany Stewart, Engineering).
. The applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, which indicate that they
will construct a half-street improvement along the frontage of SW Ellson
Lane. The improvements adjacent to this site shall include:
A. City standard pavement section for a Local street from curb to
centerline equal to 24 feet;
B. pavement tapers needed to tie the new improvement back into the
existing edge of pavement shall be built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to
convey surface and/or subsurface runoff;
E. 5 foot concrete sidewalk with a 5 foot planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping and "NO PARKING" signs;
H. streetlight layout by applicant's engineer, to be approved by City
Engineer;
I. underground utilities;
J. street signs (if applicable);
K. driveway apron (if applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW
Ellson Lane in a safe manner, as approved by the Engineering
Department.
. The applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, indicating that they will
construct the following frontage improvements along SW Forest Lane as a
part of this project:
A. eyebrow corner, 5-foot concrete sidewalk with 5 foot planter strip;
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout by applicant's engineer, to be approved by City
Engineer; and
D. driveway apron (if applicable).
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 11
. A profile of SW Ellson Lane shall be required, extending 300 feet either side
of the subject site showing the existing grade and proposed future grade.
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW North Dakota
Street adjacent to the subject property, when any of the following events
occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
subject property, or
D. when construction of the improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements
by others adjacent to the subject site.
. Any extension of public water lines shall be shown on the proposed Public
Facility Improvement (PFI) permit construction drawings and shall be
reviewed and approved by the City's Water Department, as a part of the
Engineering Department plan review. NOTE: An estimated 12% of the
water system costs must be on deposit with the Water Department prior to
approval of the PFI permit plans from the Engineering Department and
construction of public water lines.
. An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the "Erosion
Prevention and Sediment Control Design and Planning Manual, February
2003 edition."
. A final grading plan shall be submitted showing the existing and proposed
contours. The plan shall detail the provisions for surFace drainage of all lots,
and show that they will be graded to insure that surface drainage is directed
to the street or a public storm drainage system approved by the Engineering
Department. For situations where the back portions of lots drain away from
a street and toward adjacent lots, appropriate private storm drainage lines
shall be provided to sufficiently contain and convey runoff from each lot.
. The applicant's final plat shall contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control 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
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 12
coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north.
These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared
by a land surveyor licensed to practice in Oregon, and necessary data or
narrative.
B. Attach a check in the amount of the current final plat review fee
(Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext.
2421).
C. The final plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
D. The right-of-way dedication for North Dakota Street, providing 29 feet
from centerline, shall be made on the final plat. The right-of-way dedication
for Ellson Lane, providing 46 feet total, shall be made on the final plat. The
right-of-way dedication for the Forest Lane eyebrow corner, providing a
minimum 25.5 foot radius, shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat
until they receive notice from the Engineering Department indicating that the
City has reviewed the final plat and submitted comments to the applicant's
surveyor.
F. After the City and County have reviewed the final plat, submit two
mylar copies of the final plat for City Engineer signature (for partitions), or
City Engineer and Community Development Director signatures (for
subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. Prior to issuance of building permits, the applicant shall provide the
Engineering Department with a "photomylar" copy of the recorded final plat.
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 13
. Prior to issuance of building permits, the applicant shall provide the City with
as-built drawings of the pubfic improvements as follows: 1) 3 mil mylar, 2) a
diskette of the as-builts in "DWG"format, if available; otherwise "DXF" will be
acceptable, and 3) the as-built drawings shall be tied to the City's GPS
network. The applicant's engineer shall provide the City with an electronic
file with points for each structure (manholes, catch basins, water valves,
hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
. The applicant shall either place the existing overhead utility lines along SW
North Dakota Street underground as a part of this project, or they shall pay
the fee in-lieu of undergrounding. The fee shall be calculated by the
frontage of the site that is parallel to the utility lines and will be $ 35.00 per
lineal foot. If the fee option is chosen, the amount will be $ 2310.00 and it
shall be paid prior to issuance of building permits.
. During issuance of the building permit for Parcels 2 and 3, the applicant shall
pay the standard water quality and water quantity fees per lot (fee amounts
will be the latest approved by CWS).
ENGINEERING COMMENTS MLP2007-00010 Berg PAGE 14
. � ' 1
. AFFIDAVIT OF POSTING NOTICE
° OF A LAND USE PROPOSAL
. , �
IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY
A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE.
In the �latter of the Proposed Land Lse�lpplicarions for:
Land Use File Nos.: MLP2007-00010/VAR2007-00016
Land Use File Name: BERG PARTITION
I, Emil�� I�:ng, .lssistant Planner for the Cit�- of'1'i� ard, do affirm t11at I posted notice �>f the lanei use proposal affectin�
the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered)
1 l �� �:� � '� t��-�, ��Dc_-� c� 5�--
and did personall�-post notice of the pro�osed land use application(s) b�• means of weatherproof posting in the general
vicinity� of the affected terriron�, a coj�y of said notice being hereto attached and by reference made a part hereof,
on the �,�da�� of ?007.
� "
'gn r erso o Pe rmed Posting
h- I�rin p.itt��m:i.n�r. .ifl�J:�c�t��f�,��.tmc b�r:ip��lic-.u�i w��n.t pubh�'h��.�nnp.d��c
BERG PARTITIDN
MINOR LAND PARTITON (MLP) 2007-00010/VARIANCE (VAR) 2007-00016�
REQUEST: Thc applieant rec�uests ap�roval to partition c�ne 32,53� syuare foot lc>t into three lc�ts
of 14,148 SF, 7,590 SF and 6,673 SF. The existing single-family home will remain on one lot and two
new sin�;lc-family homes will be built on the other lots. The applicant also requests approval for a
Variance to the minimum lot size for proposed Lot 3 from 7,500 SF to 6,673 SF. While the existin��
lot has enough area for three lots of at least 1,000 SF above the minimum lot size, the requiremci c�
continue SW Ellson Lane in the neighboring Stonechase subdivision would limit the configuratic� c�f
the proposed lots so that one lot is 827 S�, below the minimum lot size. The applicant argucs that
the unusually narrow shape of the lot and street pattern of the neighboring subdivision justify the
variance. r� variance would allow the smaller lot to be a non-conforming legal lot rather than a
vacant non-buildable lot. LOCATI�N: 11329 SW North Dakota Street; Washington County Tax
Map 1S134DB, Tax Lot 500. ZONE: R-4.5: Low Density Residential. The R-4.5 zoning district is
designed to accommodate detached single-family homes with or without accessory residential units at a
minimum lot size of 7,500 square feet. Duplexes and attached sin�le-family units arc �ermitted
conditionally. Some civic and insritutional uses are also permitted conditionally. APPLICABJ
REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 1 �._ ),
18.705, 18.715, 1�.745, 18.765, 18.790, 18.795 and 18.810.
Further informatic>n may be obtained from the I'lanning Division (staff contact: Emily Eng,
Assistant Planner (x2712) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling
503-639-4171 or by email to emilvna,�,tigard-or.gov. A copy of thc 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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Community Development Plot date:Jul 19,2007;C:ImagicVNAGIC03.APR
15134AC-02632 15134DB-08300
AGUON EDWARD J T/BARBARA J BUCHANAN JOHN A 8 DARLENE S
11095 5W COTTONWOOD LANE 11062 SW 113TH TER
TIGARD,OR 97223 TIGARD,OR 97224
1 S134DB-05400 15134AC-02654
ALBERS DEBRA L& CABRERA RUBEN J
TERRANCE L 11220 SW COTTONWOOD LN
11280 5W NORTH DAKOTA ST PORTLAND,OR 97223
TIGARD,OR 97223
1S134DB-01600 1S134AC-02618
ANDERSEN CARL H AND CAMPBELL CAROL O
SHERRILL L 11235 SW WILLOWOOD CT
11180 SW 115TH 5T TIGARD,OR 97223
TIGARD, OR 97223
1S134AC-02641 1S134DB-07600
BECKMAN MARGARET E TRUST CHAN WENG C 8
BY MARGARET E BECKMAN TR LEUNG JACQULINE
11005 SW COTTONWOOD LN 11222 SW TORLAND ST
TIGARD, OR 97223 TIGARD,OR 97223
1S134AC-02640 1S134CA-00106
BELL LARRY E& CHOI KIN HUNG&LILY
SUSAN H 11520 SW TIMOTHY PL
11015 SW COTTONWOOD LN TIGARD,OR 97223
TIGARD, OR 97223
1 S 134 D B-01000 1 S 134 DB-03100
BENSON PAMELA G CLARK MARIE M
13500 SW PACIFIC HWY#499 11140 SW NORTH DAKOTA
TIGARD, OR 97223 TIGARD,OR 97223
1S134AC-02611 1S134D6-01100
BERNARD VIRGINIA E CONNER STEVEN L&
11305 SW WILLOW WOOD CT CONNER CONNIE L
TIGARD, OR 97223 11045 SW 114TH PL
TIGARD,OR 97223
iS1346D-08400 1S134D6-00300
BICKFORD FRED K&DOROTHY J CORPORATION OF THE
11003 SW 115TH AVE PRESIDING BISHOP/CHURCH OF
TIGARD, OR 97223 JESUS CHRIST OF L D S
50 E NORTH TEMPLE 22ND FL
SALT LAKE CITY, UT 84150
1S134AC-02648 1S1348D-07002
BONACKER GERALD N JEAN E CRABTREE KENNETH L
11060 SW COTTONWOOD LN 11340 SW COTTONWOOD LN
TIGARD, OR 97223 TIGARD,OR 97223
1 S134AC-02619 1 S134D8-06500
BROOKS JERRY D 8�SUSAN P CRAWFORD ROBERT J&KRISTA S
11225 SW WILLOW WOOD CT 11311 SW 112TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
. 1S134AC-02642 1S1 4DB-07900_
DAVENPORT KEVIN S AND FOU C STRUCTION INC
KATHLEEN V PO B 577
10980 SW 115TH VERT ,OR 97075
TIGARD,OR 97223
1S134AC-02658 1S134DB-06100
DEAN BRADLEY L JR&TONI A FREEMAN DALLAS&RICHARD H
11330 SW COTTONWOOD LANE 11230 SW NORTH DAKOTA ST
TIGARD, OR 97223 PORTLAND,OR 97223
1 S134DB-07000 1 S134AC-07500
DELL LINDA L& FU ERIC Z&
CARTALES LARRY S CHEN MINGXIA
11147 SW TORLAND ST 10939 SW 111TH AVE
TIGARD, OR 97223 TIGARD,OR 97223
1S134AC-07700 1S134DB-08900
DICK TILLIE TRUSTEE GERRITZ BIGGI CUSTOM HOMES LLC
10995 SW 111TH PL 9550 SW BEAV�RTON HILLSDALE HWY
TIGARD, OR 97223 BEAVERTON,OR 97005
1 S134AC-02639 1 4DB-08600
DIERINGER THOMAS J&ANDREA E GER TZ BIG CUSTOM HOMES LLC
11025 SW COTTONWOOD LN 9550 EAVERTON HILLSDALE HWY
TIGARD, OR 97223 VERT ,OR 97005
i s i saao-o�o�e 1 34D8-0960
DOOLING P BRYAN III/KRISTA D GER GGI CUSTOM HOMES LLC
12481 SW EDGEWATER CT 955 VERTON HILLSDALE HWY
TIGARD, OR 97223 AVERTON, R 97005
1 S 134 D B-06400 1 4 D B-09100
ENGLE DALE W&SHARON R GER Z GI CUSTOM HOMES LLC
11287 SW 112TH AVE 9550 AVERTON HILLSDALE HWY
TIGARD, OR 97223 AVERTON,OR 97005
1 S 134 DB-00600 7 134 D B-08700
FEHRENBACHER REV LIV TRUST G IT IGGI CUSTOM HOMES LLC
BY HELEN J FEHRENBACHER TR 955 EAVERTON HILLSDALE HWY
1605 N SIMPSON ST AVERTO , R 97005
PORTLAND, OR 97217
1 S134DB-07700 1 134D6-09300
FOUR D CONSTRUCTION INC GE T GGI CUSTOM HOMES LLC
PO BOX 1577 955 VERTON HILLSDALE HWY
BEAVERTON, OR 97075 AVERTON, 97005
1 4DB-07 134D8-094
FOU ONSTRUCTION INC GER IGGI CUSTOM HOMES LLC
PO 1577 95 W V RTON HILLSDALE HWY
AVER N,, OR 97075 AVERTON,OR 97005
1S134D8-08500 1S134CA-00525
GILLEESE THOMAS F 8 JOSIE L HILL CHARLES M
11018 SW 113TH TER PATRICIAA
TIGARD,OR 97223 11505 SW MANZANITA
TIGARD,OR 97223
1S134AC-02630 1S134CA-00524
GODSEY MICHAEL R AND ANN B HILL CHARLES MICHAEL&
11115 SW COTTONWOOD LANE PATRICIA A
TIGARD,OR 97223 11505 SW MANZANITA
TIGARD,OR 97223
1S134D6-008D0 1S134DB-05200
GOETZ HOWARD V HOPKINS DARRELL D SR&DEBORAH
11145 SW 114TH PL 11240 SW NORTH DAKOTA ST
TIGARD, OR 97223 TIGARD,OR 97223
1 S134D6-O8000 1 S134DB-01802
GOODRICH JASON R&JENNIFER MAR HUFFORD ARLY R&ANNETTE J
11158 SW FOREST LN 11200 SW 115TH AVE
TIGARD, OR 97223 TIGARD,OR 97223
1 S134AC-02636 1 .134DB-017
GOWINS PATRICK L 8 SANDRA J HU O ARLY R&ANNETTE J
11055 SW COTTONWOOD LN 11 115TH AVE
TIGARD, OR 97223 GARD,OR 7223
1S134AC-02633 7S134AC-02652
GROSS TIMOTHY J HUNTER JOHN R BETTY Q
11085 SW COTTONWOOD LN 11150 5W COTTON WOOD LN
TIGARD, OR 97223 TIGARD,OR 97223
1 S134CA-00112 1 S134AC-02626
GUZMAN-BARNUM ANGELA 8 HUSEBY JOHN AND
BARNUM CHAD T BARBARA
11155 5W 115TH AVE 11155 5W BOXWOOD CT
PORTLAND,OR 97223 TIGARD,OR 97223
1S134AC-02649 1S134D6-01400
HALSTEAD JOHN&CAROL JACYNO JOHN
11070 SW COTTONWOOD LN 7165 SW ASHDALE DR
TIGARD, OR 97223 PORTLAND,OR 97223
1S134AC-02650 1S134DB-05500
HAYNES KENNETH R&KELLY D JEFFERS CAROL L
11080 5W COTTONWOOD LANE MCDONNELL MICHAEL P
TIGARD, OR 97223 11013 SW 111TH PL
TIGARD,OR 97223
1 S 134 D B-02000 1 S 134 D B-01800
HERNANDEZ JOSE MELECIO GARCIA KALSCH LAWRENCE P
11492 SW 115TH AVE 4441 SE WITCH HAZEL RD
TIGARD,OR 97223 HILLS80R0,OR 97123
1S134AG02657 1S134AC-02647
KARRIGAN ERIN C LUDDEN CONSTANCE F
11322 5W COTTONWOOD LN 11050 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134 DB-00500 1 S 134AC-02628
KOENIG RONALD M&PEARL D MALLETT JAMES A&MARGARET
11329 SW NORTH DAKOTA 11135 SW COTTONWOOD LANE
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-02645 1S134AC-02631
KONSTEN ARMIN 8 HUBERTINA MARTIN EDWARD III&KATRINA L
11030 SW C�TTONWOOD LN 11105 SW COTTONWOOD LN
TIGARD, OR 97223 TIGARD,OR 97223
1S134AC-02644 1S134D8-02200
KYLE WILLIAM B&SARAH K MCDONALD ROBERT E 8 JEANNE L TR
11020 SW COTTONWOOD LN 11475 SW 115TH
TIGARD, OR 97223 TIGARD,OR 97223
1S134DB-07400 1S134DB-01300
LAFOUNTAIN DALE B& MEDINA TERESITA DEJESUS&
LAFOUNTAIN CHARLENE E GARCIA-VARGAS JUAN CARLOS 8
11202 SW NORTH DAKOTA GARCIA-VARGAS EVA
TIGARD, OR 97223 11020 SW 115TH AVE
TIGARD,OR 97223
1 S 134 D B-08100 1 S�34AC-02610
LAMB MICHAEL J&TAMIE A& MIETH RICHARD C&BETTY M
LAMB AIDAN 11315 SW WILLOW WOOD CT
6110 SW LESSER WAY TIGARD,OR 97223
PORTLAND, OR 97219
1 S 134CA-001 OS t S134DB-09200
LAMM LESTER MOEHRING ASHLEE DEVINA&
1415 SE HARNEY ST JONATHAN LEE
PORTLAND, OR 97202 11055 SW 113TH
TIGARD,OR 97223
1S134AC-02660 1S134DB•09000
LAMONT CHERYL A MULLEN MICHAEL E&TAMMY LEE
11338 SW COTTONWOOD LN 11288 SW ELLSON LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134 D B-06600 1 S 134AC-02656
LEE CAROLE MULLEN PATRICK&PATRICIA
11170 SW TORLAND ST 11328 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-02629 134AC-0 0
LEVINE EUGENE P&CHRISTINA R NI R J
5720 TOTH PLACE
AGOURA HILLS, CA 91301 '
• 1 S134D6-08200 1 S134AC-02608
OSTGARD KENNETH E JR&GAYLE I SKIDMORE FAMILY TRUST
11098 SW 113TH TER BY SKIDMORE ROBERT F&JOANNE E TR
TIGARD, OR 97223 11335 SW COTTONWOOD LN
TIGARD,OR 97223
1 S734DB-07500 1 S134D8-09500
PARKER TERESA RAE STONECHASE LLC
11228 SW TORLAND ST 9550 SW BVTN-HLSDL HWY
TIGARD, OR 97223 BEAVERTON,OR 97005
1 S134AC-02653 1 S134DB-08400
PIERCE JOHN J&PAULINE ST ECH LLC
11218 5W COTTONWOOD LN 9550 BVTN-HLSDL HWY
TIGARD,OR 97223 AVERT ,OR 97005
1S134AC-02637 1S 4D6-09800
ROOKS JAMES A&RITA R CO-TRS STO C E LLC
11045 SW COTTONWOOD LN 9550 VTN-HLSDL HWY
TiGARD,OR 97223 VERTON,OR 97005
1 S 134AC-02638 1 134 D B-09700
RUTHERFORD KENT N 8 CARY E M 5T C OWNER OF LOT 9
11035 SW COTTONWOOD LN , 0
TIGARD,OR 97223
1 S 134 DB-01900 1 S 134AC-02627
SCHLEICHARDT JASON L&DANA M STREIGHT KENNETH L JANET
11500 SW 115TH AVE 11145 SW COTTONWOOD LN
TIGARD, OR 97223 TIGARD,OR 97223
1S134AC-02651 1S134AC-02646
SCHOPPE ALLENE BONNIE SWEARINGEN LARRY
11110 SW COTTONWOOD LN ROBERTA
PORTLAND,OR 97223 11040 SW COTTONWOOD LN
TIGARD,OR 97223
1S134D6-02400 15134AC-07600
SCOTT SAM R JR LIVING TRUST THOMSON LINDA M
BY SAM R SCOTT JR TR 10967 SW 111TH PL
11370 SW NORTH DAKOTA ST TIGARD,OR 97223
TIGARD, OR 97223
1 134D6-02500 1 S134DB-01200
SC TT SAM R LIVING TRUST THRASHER HAROLD DEE AND
BY S COTT JR TR KOVAC LISA THRASHER
1137 NORTH DAKOTA 5T 11015 SW 114TH PL
T ARD, O 7223 TIGARD,OR 97223
1 S134D6-01500 1 St 34AC-02659
SHORE DARRIN M 8 TICER LAURA D
ALLISON JENNIFER A 11334 SW COTTONWOOD LN
11150 SW 115TH AVE PORTLAND,OR 97223
TIGARD, OR 97223
• 1 S 1�34 BD-083 DO 1 S 134 DB-00900
TOLLEFSON DAVID A/DEBRA L WERNER STACEY L&MARIL
11600 SW PENN CT 11400 SW N DAKOTA ST
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-02643 1S134D6-02300
TREBER RICHARD L MARIE H WERNER STACEY L 8 MARIL
11010 SW COTTONWOOD LN Go FERREL DORIS L LIFE ESTATE
TIGARD,OR 97223 11400 SW NORTH DAKOTA ST
TIGARD,OR 97223
1S134AC-02634 1S134D6-05300
TRUNE DENNIS R AND TARA L WOLFE DUSTIN
11075 SW COTTONWOOD LN 11260 SW NORTH DAKOTA
TIGARD,OR 97223 TIGARD,OR 97223
15134DB-05600 1 S134AC-02635
TU XIN 8� WOOD WILLIAM G 8 MICHELLE M
YUAN CHUNG-CHENG 11065 SW COTTONWOOD LN
11057 SW 111TH PL TIGARD,OR 97223
TIGARD,OR 97223
1 S134DB-O8800 1 S134D6-06300
VASKS ROBERT DEAN&DIANE P WYNKOOP DANIEL L&DEBRA K
11235 SW ELLSON LN 11245 SW 112TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S134CA-04300 1S134AC-02655
VEGA JORGE PLIEGO YOUNT PHILIP R&DONNA MAE H
11590 SW NORTH DAKOTA ST 11222 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S134DB-00700 1 S134AC-02620
VIOLETTE LORITTA COLLEEN& ZWINGLI WALTER SCOTT
LOUIS E 11174 SW SUMMER LAKE DR
11175 SW 114TH PL TIGARD,OR 97223
TIGARD, OR 97223
1S134AC-07400
WANG CHEN 8�
LI YANPING
10921 SW 111 TH AVE
TIGARD, OR 97223
1 S 134 D B-02100
WASSERMAN ROBERT A
19 TANGLIN RD
#04-19 TANGLIN SHOPPING CENTRE
,SI 247909
1S134AC-02609
WEBER HEIDI K
11325 SW COTTONWOOD LN
TIGARD, OR 97223
Brooks Gaston
3206 Princess
Edinburg, TX 78539
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139th Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114th Place
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Patricia Keerins
12195 SW 121 st Avenue
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
rITV AC TIrAR�I _ f[NTRAI IAIT[R[tT[fl DARTIGC I�•1n��rnlnlco+��n11�F�nlc1(`IT(`nnfrnl (Innl I IDfIATCfI• �'� ne.,,, n�
CITY OF TIGARD
COMMUNITY DEVELOPMENT DEPARTMENT ��
PLANNING DIVISION ���'�', . ' � " :
13125 SW HALL BOULEVARD
TIGARD, OREGON 97223
PHONE: 503-639-4111 fAX: 503-624-3681 (Attn: Patty/Planning) EMAIL: paity�tieard-or.gov
G�QM� C�o ° O O O O 0 D o D � 0�1�3 �D�� �
Property owner information is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE
ADDRESSES FOR ALL PROJECT PARCELS BELOW:
1 ��.�- ` -�l.Li �i G--:��� ��c;�i c i_.Ci �T'�.�� ( � S � ��l�/7 —`,�; � C,��
PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR
H4LDING YOUR NEIGHBORHOOD MEETING,. After submitting your land use application to the City, and
the proIect planner has reviewed your application for completeness, you will be notified by means of an
incompleteness letter to obtain your 2 f'inal sets of labels.
The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first
class letter-rate ostage on the envelopes in the form of posta e stamps (no,metered envelopes and no
return address�and resubmitted to the City for the purp ose o� providing notice to property owners of the
proposed land use application and the decision. The Z sets ot envelopes must be kept separate. The
person listed below will be called to pick up and pay for the labels when they are ready.
NAME OF CONTACT PERSON: rn�l��� � PHONE: �-S°� � �� � �- 1 �� `�
L�� b��,� ,-� FAX:
EMAIL:
This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a
2-day minimum for processing reques�s. Upon completion of your request, the contact person will be
called to pick up their request that will be placed in "Vllill Cal�' by their last name, at the Community
Development Reception Desk.
The cost of processing your request must be paid at the time of pick up, as exact cost can not be
pre-determined.
PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED
BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED.
Cost Description:
$11 to generate the mailing list, plus$2 per sheet for printing the list orto labels(20 addresses per sheet).
Then, multi I the cost to print one set of labels b the number of sets requested.
EXAMPLE COST FOR THIS REQUEST
� �,
4 sheets of labels x;2/sheet= 8.00 x 2 sets= $16.00 sheet(s)of labels x$2/sheet=�x � sets= �
1 sheets of labels x$2/sheet for interested parties x 2 sets= � 4.00 � sheet(s)of labels x$2lsheet for interested parties=��x� �
GENERATE LIST = $�.QQ GENERATE LIST = $11.00
TOTAL = $31.00 TOTAL = -��
1 S134DB-00500
KOENIG RONALD M&PEARL D
11329 SW NORTH DAKOTA
TIGARD,OR 97223
�/�y �7 G�h�z�
�� �
��
AFFIDAVIT OF MAILING -
�.x�..: . �_ � o .
I, Patricia L. Lunsford bein� first duly sworn/affirrri, on oath depose and say that I am a Planning Administrative
Assistant for the City of�I'iga , Washington County, Oregon and that I served the following:
{C��k n�,rt�ti�e[�{s)tn�bw�1
� NOTIC� OF PENDING LAND LJSE DEQSION FOR
MLP2007-00010/VAR2007-00016 - BERG PARTTTTON
� t1MENDEDNOTICE
(File No./Name Reference)
� Cityof T'igard Planninn Director
A copy of the said notice being hereto attached,marked E�ibit"A",and by ref erence 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
July 25,2007,and deposited in the United States Mail on July 25,2007,postage prepaid.
" � nG�
� �
(Pe�on d Notice)
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the � / �dayof � C���6-�� ,2007.
OFFICIAL SEAL
KRISTIE J PEERMAN
NOTARY PUBLIC-0RE(30N �
`� r � COMMI3310N NO.419242
MY COMMISSION EXPIiiES JULY 2S 2011 1.ti.4��
NO ARY PUBL.I OF OREGON
My Commission Expires: 7 �Z b �//
� � EXHIBIT. /�
N�I'IC�TOMORTGAGEE,LIENHOLDER,VENDORORSELLER
"IT� 7TGARD DEVELOPMENT O�DE RE(�U1KES THAT IF YOU REC�IVE 'IT-�S NOTTCE, IT SHAL.I_ BE PROMP'ILY
FORWARDED TO THE PURQ�ISER
NOTICE OF PENDING ,,
LAND USE APPLICATION :
MINOR LAND PARTITI�N . , �
DATE OF NOTICE: July 25,2007
FILE NUMBERS: MINOR LAND PARTITION (MLP) 2007-00010
VARIANCE (VAR) 2007-00016
FILE NAME: BERG PARTITION
REQUEST: The applicant requests ap�roval to partition one 32,538 square foot lot into three lots of 14,148 SF, 7,590
SF and 6,673 SF. "I1ie ex�sting single-family home will remain on one lot and two new single-family homes
will be built on the other lots. The applicant also rec�uests approval for a Variance to the tnuuinum lot size
for proposed Lot 3 from 7,500 SF to 6,673 SF. While the e�sting lot has enough area for three lots of at
least 1,000 SF above the rniniinum lot size,the rec�uirement to continue SW Ellson Lane in the neighboring
Stonechase subdivision would limit the configuration of the�proposed lots so that one lot is 827 SF below
the nuniinum lot size. The applicant argues that the unusually narrow shape of the lot and street pattern of
the neighboring subdivision �ustify the variance. A variance would allow the smaller lot to be a non-
conforming legal lot rather than a vacant non-buildable lot.
LOCATION: 11329 SW North Dakota Street;Washington CountyTax Map 1S134DB,Tax Lot 500.
ZONE: R 4.5: Low Density Residential. The R 4.5 zoning district is designed to accommodate detached single-family
homes with or without accessory residential units at a inuiunum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and institutional uses are aLso pern�itted
conditionally.
APPLIC.ABLE
RE VIE W
CRITERIA: Community Development Cnde Chapters: 18370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765,
18.790, 18.795 and 18.810.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written
comments on the application to the City. THE FOURTEEN(14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 8, 2007.
All comments should be directed to Emil�Eng, Assistant Planner(�712) 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
emil��gand-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 CONSIDEftED IN THE DECISION-
MAKING PROCESS
T'HE QTY OF TTGARD APPREQATES REC�IVING COMNIENTS AND VALLTES YOUR INPUT. CONIlv1ENTS WILL
BE CONSIDERED AND ADDRESSED WITf-IIN T�-�E NOTIC� OF DEQSION. A DEQSION ON T�IIS ISSUE IS
TENTATTVELY SQ�EDULED FOR SEPTEMBER 13, 2007. IF YOU PROVIDE COMNIENTS, YOU WILL BE SENT A
COPY OF THE FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN COMiVIENTS WILL BECOME A
PART OF TF-� PERMANENT PUBLIC RECORD AND SHALL GONTAIN THE FOLLOWING INFORMATION:
• Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be
applicable to this proposal;
• Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response;
• Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with
sufficient specificity on that issue.
FAILURE OF ANY PAR7'Y TO ADDRESS T'HE RELEVANf APPROVAL CRITERIA WITH SUFFIQENT SPEQFIQTY
MAY PREQ.UDE SUBSEQUENT APPEALS TO 'THE LAND USE BOARD OF APPEALS OR QRCCJIT COURT ON
THAT ISSUE. SPEQFIC FINDINGS DIRECTED AT 'I'I-� RELEVANT APPROVAL C�ZITERIA ARE WHAT
CONSTI'1'UI� RELEVANI'EVIDENCE.
AFTER 'I'I-� 14-DAY CONIA�NT PERIOD QOSES, THE DIREGTOR SHALL ISSUE A TrPE II ADMINISTRATTVE DEQSION. THE
DIRECTOR'S DEQSION SHALL BE MAILED TO Tf-IE APPLICANf AND TO OWNERS OF RECORD OF PROPERTY LOC'.ATED WITHIN 500
FEET OF TEIL SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMNIENTS OR WHO IS O'I'HERWISE ENTITLED TO
NOTTC�. T�iE DIRECTOR'S DEQSION SHALL ADDRESS ALL OF Tf-IE RELEVANT APPROVAL QtITERIA. BASED UPON TI-�QZITERIA
AND THE FACTS CONTAINED WITHIN TF-IE RECORD,Tf-�DIREGTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY THE.
REQUESTED PERNIIT 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 Ciry 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 propeny located within 500 feet of the site, as shown on the most recent property ta�c 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 othenvise
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 Caty of Tigard Community Development Department. If you want to
inspect the file,please call and make an appointment with either the project planner or the plaruung technicians. Copies of these items may
be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be
directed to the Plaruiing Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written
Comments.,,
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EXHIBIT�
Ronald M. &Pearl D. Koenig MLP2007-00010
11329 SW North Dakota Street BERG PARTITION
Portland, OR 97223
Dave Berg
14297 SW 133`a Avenue
Portland, OR 97224
DL Design Group,Inc.
Attn: Gary Darling
9045 SW Barbur Blvd., Suite 101
Portland, OR 97219-4036
1 S134AC-02632 1 S134DB-08300
AGUON EDWARD J T/BARBARA J BUCHANAN JOHN A 8 DARLENE S
11095 SW COTTONWOOD LANE 11062 SW 113TH TER
TIGARD,OR 97223 TIGARD,OR 97224
1 S134OB-05400 7 S134AC-02654
ALBERS DEBRA L 8 CABRERA RUBEN J
TERRANCE L 11220 5W COTTONWOOD LN
11280 SW NORTH DAKOTA ST PORTLAND,OR 97223
TIGARD, OR 97223
1 S134DB-01600 1 S134AC-0261 B
ANDERSEN CARL H AND CAMPBELL CAROL O
SHERRILL L 11235 SW WILLOWOOD CT
11180 SW 115TH ST TIGARD,OR 97223
TIGARD,OR 97223
t S 134AC-02641 1 S134 DB-07600
BECKMAN MARGARET E TRUST CHAN WENG C&
BY MARGARET E BECKMAN TR LEUNG JACQULINE
11005 SW COTTONWOOD LN 11222 SW TORLAND ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S134AC-02640 1 S134CA-00106
BELL LARRY E& CHOI KIN HUNG 8 LILY
SUSAN H 11520 SW TIMOTHY PL
11015 SW COTTONWOOD LN TIGARD,OR 97223
TIGARD,OR 97223
1 S134D8-01000 1 S134DB-03100
BENSON PAMELA G CLARK MARIE M
13500 SW PACIFIC HWY#499 11140 SW NORTH DAKOTA
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134AC-02617 1 S 134 DB-01100
BERNARD VIRGINIA E CONNER STEVEN L&
11305 5W WILLOW WOOD CT CONNER CONNIE L
TIGARD, OR 97223 11045 SW 114TH PL
TIGARD,OR 97223
1 S 7 34 B D-08400 1 S 7 34 DB-00300
BICKFORD FRED K 8�DOROTHY J CORPORATION OF THE
11003 5W 115TH AVE PRE5IDING BISHOP/CHURCH OF
TIGARD,OR 97223 JESUS CHRIST OF L D S
50 E NORTH TEMPLE 22ND FL
SALT LAKE CITY,UT 84150
1 S134AC-02648 1 S134BD-07002
BONACKER GERALD N JEAN E CRABTREE KENNETH L
11060 SW COTTONWOOD LN 11340 SW COTTONWOOD LN
TIGARD, OR 97223 TIGARD,OR 97223
1 S 134AC-02619 1 S 134 D B-06500
BROOKS JERRY D&SUSAN P CRAWFORD ROBERT J&KRISTA S
11225 SW WILLOW WOOD CT 11311 SW 112TH AVE
TIGARD, OR 97223 TIGARD,OR 97223
1S134AC-02642 1S1 4DB-07900
DAVENPORT KEVIN S AND FOU C STRUCTION INC
KATHLEEN V PO B 577
10980 SW 115TH VERT ,OR 97075
TIGARD,OR 97223
15134AC-02658 1S134D8-06100
DEAN BRADLEY L JR 8 TONI A FREEMAN DALLAS&RICHARD H
11330 SW COTTONWOOD LANE 11230 SW NORTH DAKOTA ST
TIGARD, OR 97223 PORTLAND,OR 97223
1 S 134D6-07000 15134AC-07500
DELL LINDA L& FU ERIC Z&
CARTALES LARRY S CHEN MINGXIA
11147 SW TORLAND ST 10939 SW 111TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-07700 1S134D6-08900
DICK TILLIE TRUSTEE GERRITZ BIGGI CUSTOM HOMES LLC
10995 SW 111TH PL 9550 SW BEAVERTON HILLSDALE HWY
TIGARD,OR 97223 BEAVERTON,OR 97005
1 S 134AC-02639 1 408-08600
DIERINGER THOMAS J 8 ANDREA E GER TZ BIG CUSTOM HOMES LLC
11025 SW COTTONWOOD LN 9550 S EAVERTON HILLSDALE HWY
TIGARD,OR 97223 VERT ,OR 97005
1 S 1348 D-07018 1 34D&0960
DOOLING P BRYAN III/KRISTA D GER GGI CUSTOM HOMES LLC
12481 SW EDGEWATER CT 955 VERTON HILLSDALE HWY
TIGARO,OR 97223 AVERTON, R 97005
1 S134D8-06400 1 4D8-09100
ENGLE DALE W&SHARON R GER Z GI CUSTOM HOMES LLC
11287 SW 112TH AVE 9550 AVERTON HILLSOALE HWY
TIGARD,OR 97223 AVERTON,OR 97005
1 S134D8-00600 134DB-08700
FEHRENBACHER REV LIV TRUST G IT GGI CUSTOM HOMES LLC
BY HE�EN J FEHRENBACHER TR 95 EAVERTON HILLSDALE HWY
1605 N SIMPSON ST AVERTO R 97005
PORTLAND, OR 97217
1 S134DB-07700 1 134DB•09300
FOUR D CONSTRUCTION INC GE T GGI CUSTOM HOMES LLC
PO BOX 1577 955 VERTON HILLSDALE HWY
BEAVERTON,OR 97075 AVERTON, 97005
1 4D8-07 134D8-094
FOU ONSTRUCTION INC GER IGGI CUSTOM HOMES LLC
PO 1577 95 W V RTON HILLSDALE HWY
AVER N,OR 97075 VERTON,OR 97005
1S134DB-06500 1S134CA-00525
GILLEESE THOMAS F&JOSIE L HILL CHARLES M
11018 SW 113TH TER PATRICIA A
TIGARD, OR 97223 11505 SW MANZANITA
TIGARD,OR 97223
1S134AC-02630 1S134CA-00524
GODSEY MICHAEL R AND ANN B HILL CHARLES MICHAE�8�
11115 SW COTTONWOOD LANE PATRICIA A
TIGARD,OR 97223 11505 SW MANZANITA
TIGARD,OR 97223
1 S134D6-00800 1 S134DB-05200
GOETZ HOWARD V HOPKINS DARRELL D SR&DEBORAH
11145 SW 114TH PL 11240 SW NORTH DAKOTA ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134D6-O8000 1 S134D6-018D2
GOODRICH JASON R 8�JENNIFER MAR HUFFORD ARLY R 8�ANNETTE J
11158 SW FOREST�N 11200 SW 115TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S134AC-02636 1 134DB-017
GOWINS PATRICK L 8�SANDRA J HU 0 ARLY R&ANNETTE J
11055 SW COTTONWOOD LN 11 115TH AVE
TIGARD,OR 97223 GARD,OR 7223
1S134AC-02633 1S134AC-02652
GROSS TIMOTHY J HUNTER JOHN R BETTY Q
11085 SW COTTONWOOD LN 11150 SW COTTON WOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S134CA-00112 1 S134AC-02626
GUZMAN-BARNUM ANGELA& HUSEBY JOHN AND
BARNUM CHAD T BARBARA
11155 SW 115TH AVE 11155 SW BOXWOOD CT
PORTLAND, OR 97223 TIGARD,OR 97223
1 S 134AC-02649 1 S 134 DB-01400
HALSTEAO JOHN 8�CAROL JACYNO JOHN
11070 5W COTTONWOOD LN 7165 SW ASH�ALE DR
TIGARD,OR 97223 PORTLAND,OR 97223
1S134AC-02650 1S134D6-O5500
HAYNES KENNETH R&KELLY D JEFFERS CAROL L
11080 SW COTTONWOOD LANE MCDONNELL MICHAEL P
TIGARD,OR 97223 11013 SW 111TH PL
TIGARD,OR 97223
1 S134DB-02000 1 S134DB-01800
HERNANDEZ JOSE MELECIO GARCIA KALSCH LAWRENCE P
11492 SW 115TH AVE 4441 SE WITCH HAZEL RD
TIGARD,OR 97223 HILLSBORO,OR 97123
1S134AC-02657 1S134AC-02647
KARRIGAN ERIN C LUDDEN CONSTANCE F
11322 SW COTTONWOOD LN 11050 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1S134D8-00500 7S134AC-02628
KOENIG RONALD M&PEARL D MALLETT JAMES A&MARGARET
11329 SW NORTH DAKOTA 11135 SW COTTONWOOD LANE
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-02645 1S134AC-02631
KONSTEN ARMIN 8�HUBERTINA MARTIN EDWARD III 8�KATRINA L
11030 SW COTTONWOOD LN 11105 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-02644 15134D8-02200
KYLE WILLIAM B 8 SARAH K MCDONALD ROBERT E 8�JEANNE L TR
11020 SW COTTONWOOD LN 11475 SW 115TH
TIGARD,OR 97223 TIGARD,OR 97223
1 S134DB-07400 15134DB-01300
LAFOUNTAIN DALE B 8 MEDINA TERESITA DEJESUS&
LAFOUNTAIN CHARLENE E GARCIA-VARGAS JUAN CARLOS 8
11202 SW NORTH DAKOTA GARCIA-VARGAS EVA
TIGARD,OR 97223 11020 SW 115TH AVE
TIGARD,OR 97223
1S134D8-08100 1S134AC-02610
LAMB MICHAEL J&TAMIE A& MIETH RICHARD C 8�BETTY M
LAMB AIDAN 11315 SW WILLOW WOOD CT
6110 SW LESSER WAY TIGARD,OR 97223
PORTLAND,OR 97219
1 S134CA-00105 1 S134D8-09200
LAMM LESTER MOEHRING ASHLEE DEVINA&
1415 SE HARNEY ST JONATHAN LEE
PORTLAND, OR 97202 11055 SW 113TH
TIGARD,OR 97223
1S134AC-02660 1S134D8-09000
LAMONT CHERYL A MULLEN MICHAEL E&TAMMY LEE
11338 SW COTTONWOOD LN 11288 SW ELLSON LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134 D B-06600 1 S 134AC-02656
LEE CAROLE MULLEN PATRICK&PATRICIA
11170 SW TORLAND ST 11328 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
15134AC-02629 134AC-0 0
LEVINE EUGENE P&CHRISTINA R NI R J
5720 TOTH PLACE
AGOURA HILLS, CA 91301 `
1S134DB-08200 1S134AC-02608
05TGARD KENNETH E JR&GAYLE I SKIDMORE FAMILY TRUST
11098 SW 113TH TER BY SKIDMORE ROBERT F 8 JOANNE E TR
TIGARD,OR 97223 11335 SW COTTONWOOD LN
TIGARD,OR 97223
1 S 134D B-07500 1 S134D B-09500
PARKER TERESA RAE STONECHASE LLC
11228 SW TORLAND ST 9550 SW BVTN-HLSDL HWY
TIGARD,OR 97223 BEAVERTON,OR 97005
7 S 134AC-02653 1 S 134D&06400
PIERCE JOHN J 8 PAULINE ST EC LLC
11218 SW COTTONWOOD LN 9550 BVTN-HLSDL HWY
TIGARD, OR 97223 VERT ,OR 97005
1S134AC-02637 1S 4D&09800
ROOKS JAMES A&RITA R CO-TRS STO C E L�C
11045 SW COTTONWOOD LN 9550 VTN-HLSDL HWY
TIGARD,OR 97223 VERTON,OR 97005
1 S134AC-02638 1 134D8-D9700
RUTHERFORD KENT N&CARY E M ST C OWNER OF LOT 9
11035 SW COTTONWOOD LN , 0
TIGARD,OR 97223
1 S134DB-01900 15134AC-02627
SCHLEICHARDT JASON L 8�DANA M STREIGHT KENNETH L JANET
11500 SW 115TH AVE 11145 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S134AC-02651 1 S134AC-02646
SCHOPPE ALLENE BONNIE SWEARINGEN LARRY
11110 SW COTTONWOOD LN ROBERTA
PORTLAND, OR 97223 11040 SW COTTONWOOD LN
TIGARD,OR 97223
1 S134DB-02400 1 S134AC-07600
SCOTT SAM R JR LIVING TRUST THOMSON LINDA M
BY SAM R SCOTT JR TR 10967 SW 111TH PL
11370 SW NORTH DAKOTA ST TIGARD,OR 97223
TIGARD,OR 97223
1 134DB-02500 1 S134DB-01200
SC TT SAM R LIVING TRUST THRASHER HAROLD DEE AND
BY S COTT JR TR KOVAC LISA THRASHER
1137 NORTH DAKOTA ST 11015 SW 114TH PL
T ARD,O 7223 TIGARD,OR 97223
1 S134DB-01500 1 S134AC-02659
SHORE DARRIN M 8� TICER LAURA D
ALLISON JENNIFER A 11334 SW COTTONWOOD LN
11150 SW 115TH AVE PORTLAND,OR 97223
TIGARD,OR 97223
1S134BD-08300 1St34DB-00900
TOLLEFSON DAVID A/DEBRA L WERNER STACEY L&MARIL
11600 SW PENN CT 11400 SW N DAKOTA ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S134AC-02643 1 S134DB-02300
TREBER RICHARD L MARIE H WERNER STACEY L 8�MARIL
11010 SW COTTONWOOD LN Go FERREL DORIS L LIFE ESTATE
TIGARD, OR 97223 11400 SW NORTH DAKOTA ST
TIGARD,OR 97223
1S134AC-02634 1S134D6-05300
TRUNE DENNIS R AND TARA L WOLFE DUSTIN
11075 SW COTTONWOOD LN 11260 SW NORTH DAKOTA
TIGARD,OR 97223 TIGARD,OR 97223
15134D6-05600 1S134AC-02635
TU XIN& WOOD WILLIAM G&MICHELLE M
YUAN CHUNG-CHENG 11065 SW COTTONWOOD LN
11057 SW 111TH PL TIGARD,OR 97223
TIGARD,OR 97223
7 S 134D B-06800 1 S7 34 D&06300
VASKS ROBERT DEAN&DIANE P WYNKOOP DANIEL L&DEBRA K
11235 SW ELLSON LN 11245 SW 112TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S134CA-04300 1S134AC-02655
VEGA JORGE PLIEGO YOUNT PHILIP R&DONNA MAE H
11590 SW NORTH DAKOTA ST 11222 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134 D 8-00700 1 S 134AC-02620
VIOLETTE LORITTA COLLEEN 8 ZWINGLI WALTER SCOTT
LOU15 E 11174 SW SUMMER LAKE DR
11175 5W 114TH PL TIGARD,OR 97223
TIGARD,OR 97223
1S134AC-07400
WANG CHEN&
LI YANPING
10921 SW 111TH AVE
TIGARD,OR 97223
1S134DB-02100
WASSERMAN ROBERT A
19 TANGLIN RD
#04-19 TANGLIN SHOPPING CENTRE
, SI 247909
1 S 134AC-02609
WEBER HEIDI K
11325 SW COTfONWOOD LN
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
rITV AC TIf.AR�I _ fLWTRAI I►JTGRLCTLt1 DARTIGf !�•����...i.,��o+��.,�i�hoi��riTro..+��i .�„�� i ionn-r�n• ��_nn�„_nG
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AFFIDAVIT OF MAILING -
I, Patricia L. Lunsford, bein� first duly sworn/affirni, on oath depose and say that I am a Planning Administrative
Assistant for the City of Tiga , Washington County, Oregon and that I served the following:
;�,,..�.�,,,>n,,�•�,�,;,���.G.u;
❑X NOTTC� OF DEQSION FoR
MLP2007-00010/VAR2007-00016- BERG PARTITTON
(Filc No./Na�rr Refe�ence)
� AMENDEDNOTIC�
� City of Tigard Planning Director
A copy of the said notice being hereto attached,marked Exlubit"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
Se�tember 28�2007, and deposited in the �ted States Mail on September 28,2007,postage prepaid.
_ . �� �
(Person repared Nouce)
STATE OF OREGON
County of Washington ss.
City of Tigard �
Subscribed and sworn/affirmed before me on the a``� dayof QC��� ,2007.
o�cuLL s�ru.
SFNRLEY L TREAT
.fJ NOTAHY PUBLIC-OREdON � ���
tf/ COMMISSION NO.418777
MY COMMISSION EXPIRES APRIL 25,zo» NOTARY P LIC OF OREGO
My Coiruivssion E�ires: `-f�a�
" � EXH I B IT.�,..
NOTICE OF TYPE II DE CISION
„
MINOR LAND PARTITION (MLP) 2007-00010 =
BE RG PARTITION
120 DAYS = 11/16/2007
SECTION I. APPLICATION SLTMMARY
FILE NAME: BERG PARTITION
CASE NOS: Minor Land Partition (MLP)MLP2007-00010
Variance (VAR) VAR2007-00016
PROPOSAL: The applicant requests ap roval to partition one (1) 32:538-SF parcel into three (3) lors of
14,14g square feet (SF), 7,�90 SF and 6,673 SF. The e�sting single-family home will remain
on one lot and two new single-family homes will be built on the other lots. The applicant also
requests approval of a variance to the m;n;mum lot size for proposed Lot 3 from 7,500 SF to
6,673 SF. Wh�le the existing lot has enough area for three lots of at least 1,000 SF above the
minimum lot size, the re quu-ement to continue SW Ellson Lane from the neighboring
Stonechase subdiv�sion would limit the confi�uration of the proposed lots so that one lot �s
827 SF below the inuiunum lot size. The applicant argues that the unusually narrow shape of
the lot and street pattern of the neighbonng subdiv�sion ust�fy a variance. A vanance would
allow the smaller Iot to be a non-confornung legal lot rat�er than a vacant non-buildable lot.
No additional lots are requested other than what �s norrr�ally pernutted by the density in the
zone.
APPLICANTS: Dave and KathyBerg APPLICANT'S Gary Darling
14297 SW 133rd Avenue REP: DL Design Group,Inc.
Portland,OR 97224 9045 SWBarbur Blvd.,Ste. 101
Portland,OR 97219-4036
OWNERS: Ronald M. &Pearl D.Koenig
11329 SW North Dakota Street
Portland, OR 97223
ZONING
DESIGNATION: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to. accommodate
detached single- 'y homes with or without accessory residential units at a m,n,m�n lot size
of 7,500 square feet. DuPlexes and attached single-family units are pernutted conditionally.
Some civic and ulstitutional uses are also pernlitted conditionally.
LOCATION: 11329 SW North Dakota Street;Washington CountyTaY Map 1S134DB,Tax Lot 500.
PROPOSED PARCEL 1: 14,148 Square Feet
PROPOSE D PARCE L 2: 7,590 Square Feet
PROPOSE D PARCE L 3: 6,673 Square Feet
APPLICABLE
RE VIE W
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18J15,
18.730, 18.745, 18.765, 18.790, 18.795 and 18.810.
SE CTION II. DE CISION
Notice is hereby given that the City of T'igard Communiry Development Director's designee has APPROVED the
above request. The findings and conclusions on which the decision is based are noted in the full decision, available at
City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be
obtained for twenry-five cents (25�) per page,or the current rate charged for copies at the tune of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice mailed to:
X The applicant and owners
X O�vner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON SEPTEMBER 28, 2007 AND BECOMES
EFFECI'IVE ON OCTOBER 13, 2007 UNLESS AN APPEAL IS FILED.
�A- �ea-l-:
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 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 within ten�10) busmess day_s of the
date the Notice of Dec�sion was mailed. The appeal fee schedule and forms are av able from the I'lanning
Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues identified in the wntten comments submitted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any 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 OCTOBER 12, 2007.
Fo�estions:
er inforrnation lease contact the P1aru7ing Division Staff Planner, Emil,yEng at (503) 639-4171, Tigard
Ciry Hall, 13125 SW Hall�oulevard,Tigard, Oregon 97223 or by email to emily c tigard-or.gov.
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1S134AC-02632 1S134D6-08300 EXH I B IT
AGUON EDWARD J T/BARBARA J BUCHANAN JOHN A&DARLENE S
11095 SW COTTONWOOD LANE 11062 SW 113TH TER
TIGARD, OR 97223 TIGARD,OR 97224
1 S 134 D B-05400 1 S134AC-02654
ALBERS DEBRA L& CABRERA RUBEN J
TERRANCE L 11220 SW COTTONWOOD LN
11280 SW NORTH DAKOTA ST PORTLAND,OR 97223
TIGARD, OR 97223
1 S 134 D B-01600 1 S 134AC-02618
ANDERSEN CARL H AND CAMPBELL CAROL O
SHERRILL L 11235 SW WILLOWOOD CT
11180 SW 115TH ST TIGARD,OR 97223
TIGARD,OR 97223
1 S134AC-02641 1 S134DB-07600
BECKMAN MARGARET E TRUST CHAN WENG C&
BY MARGARET E BECKMAN TR LEUNG JACQULINE
11005 SW COTTONWOOD LN 11222 SW TORLAND ST
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-02640 1S134CA-00106
BELL LARRY E& CHOI KIN HUNG&LILY
SUSAN H 11520 SW TIMOTHY PL
11015 SW COTTONWOOD LN TIGARD,OR 97223
TIGARD,OR 97223
1 S134D6-01000 1 S134DB-03100
BENSON PAMELA G CLARK MARIE M
13500 SW PACIFIC HWY#499 11140 SW NORTH DAKOTA
TIGARD, OR 97223 TIGARD,OR 97223
1 S 134AC-02611 1 S 134 D B-01100
BERNARD VIRGINIA E CONNER STEVEN L&
11305 SW WILLOW WOOD CT CONNER CONNIE L
TIGARD, OR 97223 11045 SW 114TH PL
TIGARD,OR 97223
1 S 134B D-08400 1 S 134 DB-00300
BICKFORD FRED K&DOROTHY J CORPORATION OF THE
11003 SW 115TH AVE PRESIDING BISHOP/CHURCH OF
TIGARD, OR 97223 JESUS CHRIST OF L D S
50 E NORTH TEMPLE 22ND FL
SALT LAKE CITY, UT 84150
1S134AC-02648 1S1346D-07002
BONACKER GERALD N JEAN E CRABTREE KENNETH L
11060 SW COTTONWOOD LN 11340 SW COTTONWOOD LN
TIGARD, OR 97223 TIGARD,OR 97223
1 S134AC-02619 1 S134DB-06500
BROOKS JERRY D&SUSAN P CRAWFORD ROBERT J&KRISTA S
11225 SW WILLOW WOOD CT 11311 SW 112TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S734AC-02642 1S1 4DB-07900
DAVENPORT KEVIN S AND FOU C STRUCTION INC
KATHLEEN V PO B 577
10980 SW 115TH VERT ,OR 97075
TIGARD, OR 97223
1S134AC-02658 1S134D6-06100
DEAN BRADLEY L JR 8�TONI A FREEMAN DALLAS&RICHARD H
11330 5W COTTONWOOD LANE 11230 SW NORTH DAKOTA ST
TIGARD, OR 97223 PORTLAND,OR 97223
1 S134DB-07000 1 S134AC-07500
DELL LINDA L& FU ERIC Z&
CARTALES LARRY S CHEN MINGXIA
11147 SW TORLAND ST 10939 SW 111TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-07700 1S134D6-08900
DICK TILLIE TRUSTEE GERRITZ BIGGI CUSTOM HOMES LLC
10995 SW 111TH PL 9550 SW BEAVERTON HILLSDALE HWY
TIGARD, OR 97223 BEAVERTON,OR 97005
1 S134AC-02639 1 4DB-08600
DIERINGER THOMAS J&ANDREA E GER TZ BI CUSTOM HOMES LLC
11�25 SW COTTONWOOD LN 9550 EAVERTON HILLSDALE HWY
TIGARD, OR 97223 VERT ,OR 97005
7 S134BD-07018 1 34D&0960
DOOLING P BRYAN III/KRISTA D GE GGI CUSTOM HOMES LLC
12481 SW EDGEWATER CT 955 VERTON HILLSDALE HWY
TIGARD,OR 97223 � VERTON, R 97005
1S134D6-06400 1 4D8-09100
ENGLE DALE W&SHARON R GER Z GI CUSTOM HOMES LLC
11287 SW 112TH AVE 9550 AVERTON HILLSDALE HWY
TIGARD,OR 97223 AVERTON,OR 97005
1S134DB-00600 134D8-08700
FEHRENBACHER REV LIV TRUST G IT IGGI CUSTOM HOMES LLC
BY HELEN J FEHRENBACHER TR 95 EAVERTON HILLSDALE HWY
1605 N 51MPSON 5T AVERTO , R 97005
PORTLAND,OR 97217
1 S134D8-07700 1 134D6-09300
FOUR D CONSTRUCTION INC GE T GGI CUSTOM HOMES LLC
PO BOX 1577 955 VERTON HILLSDALE HWY
BEAVERTON,OR 97075 AVERTON, 97005
7 4D6-07 134D8-094
FOU ONSTRUCTION INC GER IGGI CUSTOM HOMES LLC
PO 1577 95 W V RTON NILLSDALE HWY
VER N,OR 97D75 AVERTON,OR 97005
'e '
1S134DB-08500 1S134CA-00525
GILLEESE THOMAS F&JOSIE L HILL CHARLES M
11018 SW 113TH TER PATRICIA A
TIGARD,OR 97223 11505 SW MANZANITA
TIGARD,OR 97223
1S134AC-02630 1S134CA-00524
GODSEY MICHAEL R AND ANN B HILL CHARLES MICHAEL 8
11115 SW COTTONWOOD LANE PATRICIA A
TIGARD,OR 97223 11505 SW MANZANITA
TIGARD,OR 97223
1 S134DB-00800 1 S134DB-05200
GOETZ HOWARD V HOPKINS DARRELL D 5R 8�DEBORAH
11145 SW 114TH PL 11240 SW NORTH DAKOTA ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S134D8-08000 1 S134D6-01802
GOODRICH JASON R&JENNIFER MAR HUFFORD ARLY R&ANNETTE J
11158 SW FOREST LN 11200 SW 115TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S134AC-02636 1 134DB-017
GOWINS PATRICK L 8 SANDRA J HU O ARLY R&ANNElTE J
11055 SW COTTONWOOD LN 11 115TH AVE
TIGARD,OR 97223 GARD,OR 7223
1S734AC-02633 1S734AC-02652
GROSS TIMOTHY J HUNTER JOHN R BETTY Q
11085 SW COTTONWOOD LN 11150 SW COTTON WOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1S134CA-00112 15134AC-02626
GUZMAN-BARNUM ANGELA& HUSEBY JOHN AND
BARNUM CHAD T BARBARA
11155 SW 115TH AVE 11155 SW BOXWOOD CT
PORTLAND,OR 97223 TIGARD,OR 97223
1S134AC-02649 1S134D8-01400
HALSTEAD JOHN&CAROL JACYNO JOHN
11070 5W COTTONWOOD LN 7165 SW ASHDALE DR
TIGARD,OR 97223 PORTLAND,OR 97223
1 S134AC-02650 1 S134DB-05500
HAYNES KENNETH R&KELLY D JEFFERS CAROL L
11080 SW COTTONWOOD LANE MCDONNELL MICHAEL P
TIGARD,OR 97223 11013 SW 111TH PL
TIGARD,OR 97223
1 S 134 D B-02000 1 S 134 DB-01800
HERNANDEZ JOSE MELECIO GARCIA KALSCH LAWRENCE P
11492 SW 115TH AVE 4441 SE WITCH HAZEL RD
TIGARD,OR 97223 HILLSBORO,OR 97123
Y '
15134AC-02657 1S134AC-02647
KARRIGAN ERIN C LUDDEN CONSTANCE F
11322 SW COTTONWOOD LN 11050 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S134DB-00500 1 S134AC-02628
KOENIG RONALD M&PEARL D MALLETT JAMES A 8 MARGARET
11329 SW NORTH DAKOTA 11135 SW COTTONWOOD LANE
TIGARD, OR 97223 TIGARD,OR 97223
1S134AC-02645 1S134AC-02631
KONSTEN ARMIN&HUBERTINA MARTIN EDWARD III 8 KATRINA L
11030 SW COTTONWOOD LN 11105 SW COTTONWOOD LN
TIGARD, OR 97223 TIGARD,OR 97223
1S134AC-02644 1S134D8-02200
KYLE WILLIAM B&SARAH K MCDONALD ROBERT E&JEANNE L TR
11020 SW COTTONWOOD LN 11475 SW 115TH
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134DB-07400 1 S134DB-D1300
LAFOUNTAIN DALE B 8� MEDINA TERESITA DEJESUS 8
LAFOUNTAIN CHARLENE E GARCIA-VARGAS JUAN CARLOS 8
11202 SW NORTH DAKOTA GARCIA-VARGAS EVA
TIGARD, OR 97223 11020 SW 115TH AVE
TIGARD,OR 97223
1S134D6-08100 1S134AC-02610
LAMB MICHAEL J 8 TAMIE A& MIETH RICHARD C 8�BETTY M
LAMB AIDAN 11315 SW WILLOW WOOD CT
6110 SW LESSER WAY TIGARD,OR 97223
PORTLAND, OR 97219
1S134CA-00105 1S134DB-09200
LAMM LESTER MOEHRING ASHLEE DEVINA&
1415 SE HARNEY ST JONATHAN LEE
PORTLAND,OR 97202 11055 SW 113TH
TIGARD,OR 97223
1 S134AC-02660 1 S134DB-09000
LAMONT CHERYL A MULLEN MICHAEL E 8�TAMMY LEE
11338 SW COTTONWOOD LN 11288 SW ELLSON LN
TIGARD,OR 97223 TIGARD,OR 97223
1S134DB-06600 1S134AC-02656
LEE CAROLE MULLEN PATRICK&PATRICIA
11170 SW TORLAND ST 11328 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S134AC-02629 134AC-0 0
LEVINE EUGENE P&CHRISTINA R NI R J
5720 TOTH PLACE
AGOURA HILLS, CA 91301 `
1S134D8-08200 1S134AC-02608
OSTGARD KENNETH E JR&GAYLE I SKIDMORE FAMILY TRUST
11098 SW 113TH TER BY SKIDMORE ROBERT F&JOANNE E TR
TIGARD,OR 97223 11335 SW COTTONWOOD LN
TIGARD,OR 97223
1S134DB-07500 1S134DB-09500
PARKER TERESA RAE STONECHASELLC
11228 SW TORLAND ST 9550 SW BVTN-HLSDL HWY
TIGARD,OR 97223 BEAVERTON,OR 97005
1S134AC-02653 1S134D6-08400
PIERCE JOHN J&PAULINE ST EC LLC
11218 SW COTTONWOOD LN 9550 VTN-HLSDL HWY
TIGARD,OR 97223 VERT ,OR 97005
1S134AC-02637 1S 4DB-09800
ROOKS JAMES A&RITA R CO-TRS STO CH E LLC
11045 SW COTTONWOOD LN 9550 VfN-HLSDL HWY
TIGARD,OR 97223 VERTON,OR 97005
1 S134AC-02638 1 134D6-09700
RUTHERFORD KENT N&CARY E M ST C OWNER OF LOT 9
11035 SW C�TTONWOOD LN , 0
TIGARD,OR 97223
1 S134D6-01900 7 S134AC-02627
SCHLEICHARDT JASON L 8�DANA M STREIGHT KENNETH L JANET
11500 SW 115TH AVE 11145 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-02651 1S134AC-02646
SCHOPPE ALLENE BONNIE SWEARINGEN LARRY
11110 SW COTTONWOOD LN ROBERTA
PORTLAND, OR 97223 11040 SW COTTONWOOD LN
TIGARD,OR 97223
1S134DB-02400 1S134AC-07600
SCOTT SAM R JR LIVING TRUST THOMSON LINDA M
BY SAM R SCOTT JR TR 10967 SW 111TH PL
11370 SW NORTH DAKOTA ST TIGARD,OR 97223
TIGARD,OR 97223
1 S134D6-02500 1 S134D6-01200
SC TT SAM R LIVING TRUST THRASHER HAROLD OEE AND
BY S COTT JR TR KOVAC LISA THRASHER
1137 NORTH DAKOTA ST 11015 SW 114TH PL
T ARD,O 7223 TIGARD,OR 97223
15134D6-01500 1 S134AC-02659
SHORE DARRIN M 8� TICER LAURA D
ALLISON JENNIFER A 11334 SW COTTONWOOD LN
11150 SW 115TH AVE PORTLAND,OR 97223
TIGARD,OR 97223
1S1346D-08300 1S134D6-00900
TOLLEFSON DAVID A/DEBRA L WERNER STACEY L&MARIL
11600 SW PENN CT 11400 SW N DAKOTA ST
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-02643 1S13408-02300
TREBER RICHARD L MARIE H WERNER STACEY L&MARIL
11010 SW COTTONWOOD LN Go FERREL DORIS L LIFE ESTATE
TIGARD,OR 97223 11400 SW NORTH DAKOTA ST
TIGARD,OR 97223
1S134AC-02634 1S134DB-05300
TRUNE DENNIS R AND TARA L WOLFE DUSTIN
11075 SW COl70NWOOD LN 11260 SW NORTH DAKOTA
TIGARD,OR 97223 TIGARD,OR 97223
1S134D6-05600 1S134AC-02635
TU XIN& WOOD WILLIAM G&MICHELLE M
YUAN CHUNG-CHENG 11065 SW COTTONWOOD LN
11057 SW 111TH PL TIGARD,OR 97223
TIGARD, OR 97223
7 S134D8-08800 1 S134D6-06300
VASKS ROBERT DEAN 8 DIANE P WYNKOOP DANIEL L&DEBRA K
11235 SW ELL50N LN 11245 SW 112TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S134CA-04300 1S734AC-02655
VEGA JORGE PLIEGO YOUNT PHILIP R&DONNA MAE H
11590 SW NORTH DAKOTA ST 11222 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1S134DB-00700 1S134AC-D2620
VIOLETTE LORITTA COLLEEN 8 ZWINGLI WALTER SCOTT
LOUIS E 11174 SW SUMMER LAKE DR
11175 SW 114TH PL TIGARD,OR 97223
TIGARD,OR 97223
1S134AC-074D0
WANG CHEN 8
LI YANPING
10921 SW 111TH AVE
TIGARD,OR 97223
1S134DB-02100
WASSERMAN ROBERT A
19 TANGLIN RD
#04-19 TANGLIN SHOPPING CENTRE
, SI 247909
1S134AC-02609
WEBER HEIDI K
11325 SW COTTONWOOD LN
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
Tigartl, 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 AC TIrAR�I _ fCIJTRAI IIJTCRC(TGII DARTIL( Ii•In��rnlnlcofiinlloholcl(`IT('cn+r�l rinnl I IDIIATCI'"1• 1')_�Ao„_!1�
��
AFFIDAVIT �F MAILING -
�
I, Patricia L. Lunsford, bein first duly sworn/affiYm, on oath depose and say that I am a Planning Administrative
Assistant for the City of Tiga�,Washington County,Oregon and that I served the following:
i<�„<k.��a,�,ti«n�,.�.,�,-w,.,;
❑x NOTTC� OF DEQSION FoR
MLP2007-00010/VAR2007-00016-BERG PARTTTION
(File Aio./NanY Rclerence)
� Ah1ENDEDNOrI'I(�
� Ciry of T'igard Planning Director
A copyof the said notice being hereto attached,marked Exhibit"A",and byreference 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
Se�tember 28,2007, and deposited in the United States Mail on Se�tember 28,2007,postage prepaid.
�"��G«I/ 17�
(Pe�on c P red Nodce ,
STATE OF OREGON
County of Washington ss.
City of Tigard �
Subscribed and sworn/affirmed before me on the �-� dayof ��'-��� ,2007.
OFFICIAL SEAL
SMIRLEY L TREAT
NOTARY PUBLIC-OREaON ���
COMMISSION NO.418777 i,(� '
MY COMMIS310N EXPIRES APR�L 2S,2011 NO ARY PLJP�LIC OF OREGON
My Corrunission Expires: ��a-S��(
� � EXHIBIT�
NOTICE OF TYPE II DECISION
.,
MINOR LAND PARTITION (MLP) 2007-00010 =
BERG PARTITION ' ' '
120 DAYS = 11/16/2007
SECTION I. APPLICATION SUMMARY
FILE NAME: BERG PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2007-00010
�'ariance (�'.�R) �'_�R2007-0001 G
PROPOSAL: The applicant requests appro��al to partition one (1) 32,538-SF parcel into three (3) lots of
14,148 square feet (SF), 7,590 SF and G,673 SF. The escisting single-famil�- home �vill remain
on one lot and t�vo ne�v single-famil�- homes�vill be built on the other lots.� The applicant also
requests appro�-al of a �-ariance to the ininunum lot size for proposed Lot 3 from 7,500 SF to
6,673 SF. While the eXisting lot has enough area for three lots of at least 1,000 SF abo�-e the
minimum lot size, the requirement to continue SW Ellson Lane from the neighboring
Stonechase subdi�-ision �vould limit the con�ation of the proposed lots so that one lot is
827 SF below the minunum lot size. The app cant ar�ues that the unusuallj- narrow shape of
the lot and street pattern of the neighboring subdi��ision �ustif�- a �rariance.�A t-ariance would
allow the smaller C�t tc� be a n�n-conf�rming legal lot rather t�ian a �-acant non-buildable lot.
No adciirional lots are requested other than what is normall�- permitred b�- the densin• in the
zone. �
APPLICANTS: Dat-e and Iiath�- Berg APPLICAN'T'S Gar�-Darling
14297 SW 133rd��renue REP: DL Design GYOUp, Inc.
Pordand, OR 97224 9045 SW Barbur B1�-d., Ste. 101
Portland, OR 97219-4036
OWNERS: Ronald�i. & Pearl D. Koeni�
11329 SW North Dakota Street
Portland, OR 97223
ZONING
DESIGNATION: R-4.5: Low-Densi - Residenrial. '1'he R-4.5 zonuig district is desi�ied to accomm�date
detached single-fa � �� homes with or without accesson- residential umts at a minimum lot size
of 7,500 square feet. Dupleses and attached single-famil�- units are pernutted conditionally-.
Some ci�-ic and insritutional uses are also permitted condirionall��.
LOCATION: 11329 SW North Dakota Street;Washington Counn-Taz I�Tap 1S134DB,Tas Lot 500.
PROPOSED PARCEL 1: 14,148 Squate Feet
PROPOSED PARCEL 2: 7,590 Square Feet
PROPOSED PARCEL 3: G,673 Square Feet
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.730, 18.745, 18.7(5, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Norice is hereby given that the Ciry of Tigard Communiry Development Director's designee has APPROVED the
request for a parririon subject to certain condirions. The findings and conclusions on which the decision is based are
noted in Section V.
NU'I'l(:I�;OI�llI�;C1SlON 1i1,1'2007-00010/RI•:RG V.Al2'1'I'1TON l'.AGI•:1 OI�32
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY
ONSITE IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION AND/OR
FILL ACTIVITIES:
e ap icant s contact or su mrt e o owmg requirements to e CI Y ARBORIS , ODD P GER
(503) 7�8-2700:
1. Prior to site work,the Project Arborist shall revise the tree protection pro�ram and/or the applicant shall revise
the site plan to indicate that the tree fencing shall not be moved without the pern�ission and superv�sion of the
Project Arborist.
2. Prior to an�ysite work the a�p�plicant shall install all proposed tree protection fencing as approved by the Project
Arborist. The fencing shall be 6-foot high chain link and uispected and approved by the City Arboristpnor to
beguining any site work. The tree�protecnon fencing shall remaul in place throug h the duration of a ll of the
building construction phases, untiI the final inspection has been passed. After approval from the City
Arborist,the tree protection measures may be removed.
I rl�Buzlde,-rs d;�erer�t�dae deza�o�er or iyritidl aat�lica�•
rior to issuance�� ' uig pernuts t e app cant s all submit site plan drawings indicating the location of the
trees that were preserved on t1�e lot c�uring site development,location of tree protection fencing,and a signature
of approval from the Pro�ect Arborist regarding the placement and construction techruques to be employed in
builcl�ng the structures. All proposed protection fenculg shall be installed and inspected pnor to beguu-ung
construcuon. The fencul shall remairi m place through the duration of all of the building construct�on phases,
until the final inspection�as been passed. After approval from the City Arborist,the tree protection measures
may be removed.
3. The Project Arborist shall submit written reports to the City Arborist at least once every two weeks, from
inival tree protection zone ('TPZ� fencing installation through the bwlding construction phases, as he/she
monitors the constnicnon activities and progress. This inspection will be to evaluate the tree protection
fencing,detern�ine if the fencing was moved at anypoint dunng construction, and deterinine if anypart of the
Tree I3rotection Plan has been violated. These reports must be provided to the City Arborist unt�l the fuial
inspection. The reports shall include any changes that occurred to the TPZ as well as the condition and
location of the tree protection fenculg. It the amount of TPZ was reduced then the Project Arborist shall
justify why the fencuig was moved, and shall certify that the construction activities to the trees did not
adversely unpact the overall,long-term health and stab�liry of the tree(s).
If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appe�ars the TPZ's or
the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the �ity can stop work
on the project until the City Arborist and the Project Arbonst can do an inspection.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s pre�are a cover etter an su mit it, a on wi any supporting ocuments an orp ans
that address the following requirements to the CURRENT P�ANNING DIVISION, ATTN: EMILY ENG
(503) 718-2712. The cover letter shall cleady identify where in the submittal the required information is found:
4. Prior to approval of the final plat, the applicant shall revise the area of Lot 1 so that it shall be less than 1.5
times the rrururnum lot size (11,250 square feet) so that the lot width/depth ratio will not apply. Otherwise,the
a�plicant shall revise the depth of Lot 1 so that it�s not more than 2.5 tunes the average lot width (see Section
1 .810.060.A). The lot area and dunensions for Lot 2 shall be revised accordingly.
5. The applicant shall revise the site plan to show that the miniinum setbacks of the R 4.5 zone are met. In
particular Lots 2 and 3 shall complywith miniinum front and garage setbacks of 20 feet from the propertyline.
The app�icant may also apply for an adjustment to 15 feet for the front setback; however the garage setback
shall remain 20 feet.
6. Prior to final plat approval,the applicant shall revise the site plan to indicate the species of the proposed street
trees. The applicant shall also indicate a new street tree within the property line along SW North Dakota Street.
All street trees shall be chosen from the Cit�s street tree list. Size and spacing of street trees shall be as stated
in Code Section 18.745.040.G2.
NOTICE OF DEQSION MLI'2007-00010/BERG PARTI7TON PAGE 2 OF 22
7. Prior to approval of the fmal plat, the applicant shall re�-ise the �-isual clearance triangles for Lots 2 and 3 in
accordance with the condirioned front setback change to the required 20 feet. '1 he applicant is hereb}' norified
that no branches can be lower than 8 feet from the ground for the tree on I,ot 1.
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans
that address the followin� requirements to the ENGINEERING DEPARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
8. ,� Public Facilin� Improvement (I'FI) permit is required for this pro�ect to co�-er the public sidewalk and any
other work in the �ublic right-of-way. Six (6) sets of detailed public unprovement plans shall be submitted for
review to the F:n�neering Dcpartment. NO"I'I;: these plans are in addirion to any drawings required by the
Building Dieision and shc�uld onlj� include sheets relevant to public impro�ements. Public Faciliri'
Impro�-ement (PFI) permit plans shall conform to Cin� of'I'igard Pubhc Impro�-ement Design Standards,whic�i
are a�•ailable at Citt� Hall and the Cit�-'s�veb page (www.tigard-or.go�-).
9. '11ie PFI permit plan submittal shall include the exact legal name, address and telephone number of the
indi�-idual or corporate enrity who will be designated as the "Permittee", and who will provide the financial
assurance for the public improvements. F�or e�ample, specifi•if the enrity is a corporanon, hmited parmership,
LLC, etc. Also specif�- the state �vithin which the enrity is incorporated and provide the name of the corporate
contact person. Failure to pro��ide accurate information to the Engineering Departrnent will delay� processing
of project documents.
10. The applicant shall provide a construcrion �-ehicle access and parking plan for approval by the City Engineer.
The purpose of this plan is for parking and traffic control during the public improvement construcrion phase.
11. The Cin�Engin�er ina)• detennine the necessin� for,and require submittal and approval of, a construcrion access
and parking plan for the home building phase. If the Cin- I�:ngineer deems such a plan necessar�-, the applicant
shall pro�-ide the plan prior to issuance of builciing permits.
12. Prior to final plat approval, the applicant shall pay the adciressing fee. (ST��FF CONT��CI': Bethany Stewart,
F,ngineering).
13. "I'he applicant shall submit construcrion plans to the Engineering Department as a part of the Public Facility
Improvement permit, which indicate that they will construct a half-street improvement along the frontage of
Lots 2 and 3 on SW Ellson Lane. The improvements adjacent to this site shall include:
r�. Ciry standard pavement secrion for a Local street from curb to centerline equal to 24 feet;
B. pa�-ement tapers needed to rie the new impro�Tement back into the e�isting edge of pa�rement shall be
built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, incluciing an�- off-site storm drainage necessar�� to coneey- surface and/or subsurface
runoff;
E. 5 foot concrete sidewalk with a 5 foot plantet strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping and"NO P.�RILING" signs;
H. streetlight latiout bv applicant's en�,�ineer, to be approved b�-City Engineer;
I. underground utiliries;
J. street signs (if ap licable);
IL. driveway apron (i�f applicable); and
L. adjustments in verrical and/or horizontal alignmcnt to construct SW Ellson Lane in a safe manner, as
appro��ed bv tl�e En�ineering Department.
14. The applicant shall submit construction plans to the Engineering Department as a part of the Public }�'acilit��
Impro�rement permit, inciicating that the}'will construct the follo�ving frontage improvements along SW Forest
Lane as a part of this project:
r�. eyebrow corner, 5-foot concrete side�valk�vith 5 foot planter strip;
B. street trees in the planter strip spaced per TDC requirements;
C. streerlighr la}�our h��a�plicant's engineer, t�be a��r���ed b�-Cin� Enginecr; and
D. drivewa��apron (if applicable).
NO'1TC1?Oi�ll1:C151ON M],Y2007-00010/BI?RC; I'.1R'1'I'1'IOti P.�<�1�:3 O1;22
15. �� profile of SW Ellson Lane shall be required, extending 300 feet either side of the subject site showing the
e�snng grade and proposed future grade.
16. The applicant shall execute a Restricrive Covenant whereby they agree to complete or participate in the future
unprovements of SW North Dakota Street adjacent to the subject property,when any of the following events
occur:
r,. 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 fmanced or paid for in whole or in part by the
City or otheY public agency,
C. when the unprovements are part of a larger project to be constructed by a third party and involves the
sharing of design and/or construcrion expenses by the third party owner(s) of property in addirion to
tlie subject property,or
D. when construcrion of the unprovements is deemed to be appropriate by the Cit�� Engineer in
conjunction with construcrion of unprovements by others adjacent to the subject site.
17. riny extension of�ublic water lines shall be shown on the proposed Public Facility� Improvement (I'F� permit
construcrion drawu�gs and shall be reviewed and approved by the City's Water Department, as a part of the
Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on
deposit with the Water Department prior to approval of the PFI permit plans from the Engineering
Department and construcrion of public water lines.
18. r�n erosion control plan shall be�rovided as part of the Public Facilitv Improvement (I'F� perniit drawings.
Z�e plan shall conform to the Erosion Prevention and Sediment Control Design and Planning Manual,
February 2003 edirion."
19. 1� fmal grading plan shall be submitted showing the e�isting and proposed contours. The plan shall detail the
pro�risions for surface drainage of all lots, and show that the�� will be gxaded to insure that surface drainage is
d�rected to the street or a public storm drainage sy�stem approved by the Engineering Department. For
situarions where the back porrions of lots drain awav from a street and toward adjacent lots, appropriate private
storm drainage lines shall be provided to sufficiently��contain and convey runoff from each lot.
20. The applicant's final plat shall contain State Plane Coordinates on two monuments with a rie to the City's global
posirionrng system (GPS) geoderic control network (UC 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 coorclinates can be
established by:
. GPS rie networked to the City's GPS survey.
• By random traverse using convenrional surveying methods.
21. Final Plat r�pplicarion Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to
practice in Ore�on,and necessary data or narrarive.
B. Attach a check in the amount of the current final plat re�riew fee (Contact Planning/Engineering Permit
Technicians,at (503) 639-4171,ext. 2421).
C. The final plat and data or narrarive shall be drawn to the minimum standards set forth by the Oregon
Revised Statutes (ORS 92.05),Washington County,and b�� the Cit��of Tigard.
D. 'The right-of-way� dedicarion for SW Cedarcrest Street (30 feet from centerline) and SW 74th Avenue
(29 feet from centerline) shall be made on the final plat. The right-of-way dedicarion shall include the
required corner radius.
E. NOTE: Washington Count�� will not begin their re�riew of the final plat until they receive notice from
the �ngineering Department uidicating that the City has re�-iewed the final plat and suUmitted
comments to the applicant's surveyor.
F. �fter the Ciry and County have reviewed the fmal plat, submit two m`Tlar copies of the final plat for
City Engineer s�gnature (far partitions), or Ciry Engineer and Commumty Development Director
signatures (for subdivisions).
N(�'17C1?UI�DI?C1S1<)'� M],P2007-00010/HI?HC P;AR'17'1'IOl� Y�iGI?4O1�22
THE FOLLOWING CONDITIONS SHAI.L BE SATISFIED
PRIOR TO ISSUANCE OF SITE OR BUILDING PERMITS:
The applicant shall contact or submit the follov�-ing to the CITY ARBORIST, TODD PRAGER (503) 718-
2700:
22. Prior to receiving a building �ermit, the applicant/o�vner shall record a deed restriction to the effect that any
existing tree greater than 12' diameter may be removed onlj� if the tree dies or is hazardous accorcling to a
certified arbonst. '1'he deed restricrion may be removed or will be considered im�alid if a tree preserved in
accordance with this section should either die or be removcd as a hazardous tree. "I'he form of this deed
restriction shall be subject to approval b}' the Director.
The applicant shall prepare a cover letter and submit it, alon�with any supporting documents and/or plans
that address the following requirements to the ENGINEERING I�EPARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
tequired information is found:
23. Prior to issuance of building permits, the applicant shall pro�-ide the Engineering Department �vith a
"photomylar" copy of the recorded final plat.
24. Prior to issuance of building ermits, the applicant shall provide the Citv with as-built drawings of the public
improvements as follows: 1� 3 mil mvlar, 2) a diskette of the as-builts in "DWG" format, if available;
othenvise "DZF" will be acceptable, and�3) the as-built drawings shall be ried to the City's GPS network. The
applicant's engineer shall pro�-ide the Cit}' with an electronic file with points for each structure (manholes,
catch basins, water valves, h��drants and other water s`�stem features) in the de�-elopment, and their respecrive
1 and�"State Plane Coordiriates,referenced to Nr1D 83 (91).
25. The applicant shall either place the existing overhead utility lines along SW North Dakota Street underground
as a part of this project, or they shall pay the fee in-lieu of undergrounc�ng. The fee shall be calculated by the
frontage of the site that is arallel to the urility lines and will be �35.00 per lineal foot. If the fee option is
chosen, the amount will be �2,310.00 and it sha�l be paid prior to issuance of building pexrnits.
26. During issuance of the buildin permit for Parcels 2 and 3, the applicant shall pay the standard water quality
and water quanrin- fees per lot �fee amounts will be the latest appro�-ed b�� C��'S).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL INSPECTION:
The applicant shall submit the following to the CITI'ARBORIST,TODD PRAGER (503) 718-2700:
27. Prior to a fmal inspecrion, the Project rlrborist shall submit a final cerrificarion indicating the elements of the
Tree Protecrion Plan were followed and that all remaining trees on the site are health��, stable and��iable in their
modified growing emrironment.
The applicant shall contact the CURRENT PLANNING DIVISION,ATTN: EMILY ENG 503-718-2712:
28. Prior to a final inspecrion, a member of the planning staff will��isit the site to ensure that the de�-elopment is in
conformancc with this decision.
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.
\O'1'1(:I?OI�DI?CItiIO\ \f1.1'2007-00010/RI�:RG V.AR'11'llO� P.A(�1?5(>I;22
SECTION III. BACKGROUND INFORMATION
Site Information and I�'isto .
e subJ'ect 0.75-acre parce is located on SW North Dakota Street adjacent to and west of Stonechase subdivision
near SW 112`}' Avenue. Two streets within the subdivision dead-enc�u�to the subJ�ect parcel (SW Forest Lane and SW
Ellson Lane). To the west of the subject parcel is a si�ng le-family home on a 1.99-acre lot. One single-family home
e�sts on the subject parcel, in which there is also a chiIdren's day care. The parcel is essentially flat with a natural
drainage� pattern toward the northwest. Black Bull and Englewood Parks are ui the vicuuty to the northeast. SW
Northl�akota Street is classified as a neighborhood route in the Tigard Txansportation System Plan. There have been
no previous land use decisions related to the subject parcel.
�Pro os�al:�
The ap plicant requests approval to partition the subject parcel (32,538 SF) into three lots of 14,148 SF 7,590 SF and
6,673 5F. The ex�stin g su7gle-famil y home will remaui on one lot and two new sin gle-farrul y homes will�e built on the
other lots. The appli� c��ant al so requests approval of a vanance to the muiunum lot size for proposed Lot 3 from 7,500
SF to 6,673 SF. While the e�sting lot has enough area for three lots of at least 1,000 SF above the nununum lot size,
the requirement to continue SW Ellson Lane from the neighboring Stonechase subdivision would limit the
configuration of the proposed lots so that one lot is 827 SF below the m,n,mum lot size. The applicant arg,ues that the
unusually narrow shape of the lot and street pattern of the neighboring subdivision justify a vanance.A vanance would
allow the smaller lot to be a non-confornling legal lot rather than a vacant non-buildable lot. No additional lots are
requested other than what is nornially pernutted by the density in the zone.
SECTION IV. PUBLIC COMMENTS
Staff sent notice to all property owners within 500 feet of the subject property and received one letter in response to the
proposal. Full comments are m the land use file. The letter is summanzed below:
John and Darlene Buchanan live in the neighboring and recently constructed Stonechase subdivision and ob'ect to the
proposal on the basis that the don't want to hve ui a construction zone. They have a small child, as we� as other
residents ui the subdivision. �ey object to SW Ellson being e�rtended for an addiuonal 2 houses. They suggest
creating flag lots instead to access the property to avoid havuzg construction traffic use their street. They say that the
eqiupment �s dangerous and the construct�on crews work late and on weekends. Lastly, they are a�a.irist new homes in
the vicuuty because they saythe developer is already having trouble selling the rest of the homes in their subdivision and
new homes will bnng down properry values. They ask why the proposal can't be for just two homes total instead of
three.
RESPONSE: The City may only deny a development application based on noncompliance with the ap�roval criteria
in the code. The submitted comment does not address any of the approval criteria. Therefore, the
proposed partition cannot be denied for the reasons stated in Mr.and Mrs.Buchanan's letter.
To clarify on their concerns, the street pattem in Stonechase subdivision was intended to be extended
in the future to comply with the street connectivity requirements in Chapter 18.810 of the code. Tlvs
ap plication does not propose to extend SW Forest Lane ui order to retau-i the ex�sting house and the
Caty Engmeer has deternuned the extension of both streets is not necessary for connectivity. Flag lots
are perrrutted only if there is no direct access to a public street. In the case of this proposal, there are
three� possible public street accesses. The proposed project inakes use of two accesses. The extension
of SW Ellson Lane will not only serve the two additional houses, but will provide a connection to new
development beyc�nd the subject property.
Concerning construction activity and noise, the Muriicipal Code (Chapter 7.40) regulates nuisances,
including the time and ina�uier m wluch noise can occur. The Cat�s Code Enforcement Program
handles violations of the Municipal Code. The applicant must a]so provide the City with a plan to
reduce parking and construction conflicts. These conflicts will be temporary and are sirrular to any
development ui the City that is building according to what the code allows. Property that meets the
code has the same nght to develop as preceduig developments.
Concerning the number of additional homes, the applicant is not proposing any less or more than
allowed. According to the density requirements in �apter 18.715, the sub�ect property has enough
area to be divided into no less than three lots and no more than three lots. Therefore, the proposed
partition is required to provide three lots.
NOTIC�OF DEQSION MLI'2007-00010/BERG PARTITION PAGE 6 OF 22
SECTION V. APPLICABLE REVIEW CRITERIAAND FINDINGS
Land Partitions �18.420�
Approval Criteria (18.420.OSO.A):
1. The proposed partition complies with all statutoiy and ordinance requirements and regulations;
The proposed partition complies or can be made to comp�ly with all statutory and ordinance requirements and
regulations as demonstrated by the analysis contained within this admuvstrative dec�sion and through the imposition of
conditions of approval. Provided all conditions of approval are satisfied as part of the development and btulding
process,this critenon�s met.
2.There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Street & Utility Improvement Standards (Chap ter
18.810). Based on the analysis provided therein,adequate public facilities are available to serve the proposal. Therefore,
this cntenon�s met.
3. All proposed improvements meet City and applicable agency standards;and
The public facilities and proposed imp rovemenu are discussed in the Public Facility Concerns section of this decision.
Conditions of approval will ensure that all proposed improvements meet City and agency standards. Improvements
will be reviewed as part of the perniit process and dunng construction, at which time the appropriate review authority
will ensure that City and apphcable agency standards are met. Based on the analysis in this decision, th�s criterion �s
met.
4. All proposed lots conform to the specific requirements below:
(a) The ininimum width of the building envelope area shall meet the lot requirement of the applicable zoning
district
The width of the building envelope area for Lots 1, 2 and 3 is 66 feet for each. Therefore, the standard of 50 feet is
exceeded.
(b) The lot area shall be as required by the applicable zoning district In the case of a flag lot, the accessway
may not be included in the lot area.
The lot area for Lots 1, 2 and 3 are 14,148 square feet, 7,590 square feet and 6,673 square feet respectively. The City
has granted a variance to the m;n;mum lot size f or Lot 3. Theref ore,two lots will have areas as reqtured by the zoning
distnct and one lot will be a nonconfornling legal lot. As discussed later in this decision, the applicant has been
conditioned to revise the area for neighboring Lots 1 and 2 because the proposed area of Lot 1 does not meet the lot
width and depth ratio required by 18.810.060.A. In addition,the applicant provided 4,241 square feet as the total area
being dedicated to nght-of-way. The applicant's proposed areas for Lots 1 and 2 are not cons�stent with the total
right-of-way area beulg dedicated and the Iot areas should be adjusted accordingly.
None of the lots are flag lots.
�c) Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a
egally recorded minimum 15-foot wide access easemen�
Each lot will front a public street by 66 feet,thereby exceeding the standard of 15 feet.
(d) Setbacks shall be as required by the applicable zoning distric�
As conditioned bythis decision,setbacks will be as required bythe R 4.5 zone with or without adjustments.
(e) 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 ma�mize separat�on from
e�usting structures.
NO7TC�OF DEQSION MLI'2007-00010/BERG PARTTTTON PAGE 7 OF 22
None of the �roposed lors �vill be flag lots. "1'hercfore, this crirerion does not ap�l��.
(fl A screen shall be provided along the property line of a lot of record where the paved drive in an accessway
is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be
required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed
developrnent.
TheYe aYe no proposed accesswavs within 10 feet of an abutting lot. "Therefore, the applicant is not required to
pro�-ide screerung. �
(g) The fire district may require the installation of a fire hydrant where the length of an accessway would have
a dettimental effect on fire-fighting capabilities.
The applicant does not propose an�� pri�-ate accesswa�-s. All parcels �vill ha�•e direct access to a public street.
Therefore, this criterion does not app1�-. �
(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.
1-� common dri��e is not proposed or required. Therefore, this criterion does not appl�-.
5.Any access way shall comply with the standards set forth in Chapter 18.705,Access, Egress and Circulation.
�-�s shown later in this decision under"rlccess, Egress and Circularion (18.705)," the standards in Chapter 18.705 have
been met.
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 a
pedestrian/bic,ycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway
plan.
The roposed partirion is not adjacent to or in the one-hundred year floodplain. 'Ihe nearest floodplain is about 1,900
feet (�0.35 mile) a�Uay� from the parririon site. The hi�hest ele��arion of the nearest floodplain is165 feet. The lowest
ele�-anon of the parnuon site is 220 feet. 71�erefore, thts criterion does not appl��.
7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with
Chapter 18.370,Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s)
will be processed concurrently.
The applicant has requesred a eariance to the minimum lot size for proposed I.ot 3, the applicarion for which has been
processed concurrendy with this decision.
FINDING: r�ll a��roval criteria for the proposed partiuon have been met or can be met by sarisfying
condinons of approval.
Variances and Adjustments (18.370�
The applicant requests approval of a �-ariance to the minimum lot size for proposed Lot 3 from 7,500 SF to 6,(73 SF.
Wlule the existing lot has enough area for three lots of at least 1,000 SF abo�-e the nunimum lot size, the requirement to
continue SW Ellson I.ane from the nei�hboring Stonechase subdit-ision �vould limit the configurarion of the proposed
lots so that one lot is �327 SN' belo�v the miniinum lot size. The applicant argues that the unusuall�� narro�v shape of the
lot and street pattern of the neighboring subcii�rision jusrif�- a �-anance. ?� eariance would allow the smaller lot to be a
non-conforming legal lot rather than a vacant non-buildable lot. No addirional lots are requested other than what is
normally permitted by the density in the •r.onc.
Section 18.370.010 states that the Director shall approve, approve with conditions, or deny an application for a
variance based on finding that the following criteria are satisfied:
a. The proposed variance will not be materially detrimental to the purposes of this tide, to any other
applicable policies and standards,and to other properties in the same zoning district or vicinity;
��>�i'ua�:��t�i»�:ctsu�:� :�u.���oo--�ux�to/r�i�:itc;r.�tt�i�ri�u�� ��.�ri�:s��i:?�
The proposed variance will not be materially detrimental to the purposes of this ritle, to any other applicable policies
and standards, and to other properties in the same zoning district or vicuiin�because the proposed partlnon will comply
with development standards, as shown by this decision, and thc applicant�is not requesung the vanance to allow more
or less units than what would ty�ically be allowed in the K-4.5 zone. In addirion, Lot 3 would not be smaller than 80%
of the muiimum lot size (G,000 square feet), which would be allowed in a subdivision as long as all lots average 7,500
square feet.
b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or
other circumstances over which the applicant has no control, and which are not applicable to other
properties in the same zoning district;
The special circumstances that e�ist in this case are the unusually narrow shape of the lot and the existing street
connecttons and re9uirement to extend either street. 'I'he subject parcel is 0.75 acre,which is enough area to allow for 3
lots of about 9,400 square feet after the right-of-way dedication required b}' this decision (SW North Dakota Street, SW
Ellson Lane, and ey�ebrow corner on SW Forest Lane). The subject parcel would be large enough for 3 lots of about
8,800 square feet e�ren if both streets (I?llson and Forest) were extended. However, eatending both streets would result
in two of the three lots below the required minimum lot size. Extending one street�vould result in onlv one lot being
sub-standard. One solurion would be to acquire addirional square footage from the o�vner of the neighboring�roperty
through a lot line adjustment. However, the applicant's rep has indicated that the owner is not interested in selltng.
If not for the special circumstances, the subject propertv would have enough area to divide into three lots well abo�re
the required minimum lot size of 7,500 square feet. Ot�er dividable single-family parcels of sunilar size (0.8 acre to 1
acre) in the vicinit��and zone are wider than the subject parcel by at least 10 feet and generall�� not as lon�. If the parcel
were 10 feet wider, Lot 3 would be 7,676 square feet with SW Ellson going through. In addirion, the width of smaller
non-dividable lots in the neighboring subdieision and vicuut�� (0.15-acre to 0.20 acre) are generally greater than the
subject property (usually greater than 70 feet wide),indicating that the subject parcel is unusually narrow for a larger lot.
Lasdv, the neighboring propern� is 242 square feet wide. If it were de�relo�ed, it would not encounter the same
limitations with SW Ell.son going through as the subject parcel. "I'herefore, spec�al c�rcumstances e�ist that do not appl��
to other properries in the zone and over which the applicant has no control.
The use proposed will be the same as permitted under this tide and City standards will be maintained to the
greatest extent that is reasonably possible while permitting reasonable economic use of the land;
The proposed use, single-family residential, will be the same as permitted under this title. Cin- standards will be
maintauied to the �reatest extent (through the re�-ie�v of the proposed parririon and condirions of appro�al) while
permitting reasonable economic use of the land. The variance would allow the applicant to build on a lot that is smaller
than the innumum lot size required for parririons, but larger than the ininirnum lot size required for subdi�-isions in the
same zone.
c. Existing physical and natural systems,such as but not limited to traffic,drainage,dramatic land forms
or parks will not be adversely affected any more than would occur if the development were developed
as specified in the tide; and
Sensiuve lands are not on or near the propertv. The subject propert�- is constrained not b�� natural systems, but b`� its
unusual narro�vness and the e:�isting street pattern of the neighboring subdi�-ision that did not consider the fiiture
development of the subject property: 71ie ��ariance would result in the number of lots that would t�picall�- be allowed
by other properties �f the same size m the �one. 'I'herefore, the proposed �-ariance will not aditerselv affect the above-
mentioned sti-stems more than if it�vere de��eloped as specified in the ride. �
d. The hardship is not self-imposed and the variance requested is the minimum variance which would
alleviate the hardship.
The hardship is not self-imposed because of the reasons already discussed. The applicant is not requesting more or less
lots than what is allowed. Therefore,the�-ariance is the minimum which would alle��iate the hardshtp.
FINDING: Based on the analysis abo�re, the Variance criteria have been met.
N(>'17CI�;OI�lll?(:ItiION titl.l'2007-OOOlO/BI?RG P,Vt'1'I"1'IOI� P.AG1�:9OI�22
Residential Zoning Districts (18.510�
Development standards in residential zoning districts are contained in Table 18.510.2. Below is a comparison
of the development standards and the proposed dimensions:
DEVELOPMENT STANDARDS and PROPOSED DIMENSIONS
R-4.5 Lot 1 Lot 2 Lot 3
Standards Pro osed Pro osed Pro osed
Minimum Lot Size
-Detached unit 7,�00 sq.fr. 1-1,1�8 sq. fr. �,�90 sq. ft. 6,6'3 sq. ft. (appro�-ed b�-
�'ariance
Average Minimum Lot Width
-Detached unit lots 50 fr. 66 ft. 66 ft. GG ft.
Minimum Setbacks
-Front yard 20 ft. 18? ft.' �ft. 5 ft.
-Side facing sueet on corner&through lots 15 ft. \_� \:1 N.�
-Sidc yard 5 ft. G ft.,23.7 ft 5 ft. 5 ft.
-Rear yard 15 ft. �8 ft. 25 ft. 2:i ft.
-Distance between ro e line and front of ara e 20 ft. ��t least 20 ft. 5 ft. 5 ft.
Maximum Hei ht 30 ft. Can bet met Can be met Can be met
'Front setback will be non-conforming after right-of-wat� dedicarion. Iiecause the hnuse is rre-existing, the front setback will be
considered non-conforming but pemutted so long as it does not become more non-conforming.
FINDING: Development standards have not been fully met. The site plan shows that Lots 2 and 3 will have
front and garage setbacks of 5 feet, which does not meet the 20-foot miniinum requirement.
Therefore, the applicant shall be condirioned to provide the correct setbacks with or without
adjusttnents. ��s stated before, the ap�licant has been condirioned to adjust the areas for Lot 1 and
Lot 2 to comply with the lot depth/width ratio required b�� 18.810.060.1� and be consistent �vith the
area being dedicated to right-of-�va�-; howe�-er, the re�-ised area would still compl}� with the miniinum
lot size of 7,500 square feet.
CONDITION: The applicant shall re�rise the site plan to show that the ininitnum setbacks of the R-4.5 zone are m�t.
In parncular, Lots 2 and 3 shall compl}'with minimum front and garage setbacks of 20 feet from the
properh� line. 1�e applicant ma}' also appl}• for an adjustment to 15 feet for the front setback;
howe�rer the garage setback shall remain 20 feet.
Access, Egress and Circulation (18.705�
Chapter 18.705 establishes standards and reguladons for safe and efficient vehicle access and egress on a site
and for general circulation within the site.
General Provisions (18.705.030):
Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in
this title are cont�nuing requirements for the use of any structure or parcel of real properry in the City.
Access plan requirements.
No building or other permit shall be issued until scaled plans are presented and approved as provided by this
chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall
submit a site plan. The Director shall provide the applicant with detailed information about this submission
requirement.
The applicant has submitted a site plan showing how access, egress and circularion requirements will be fulfilled.
Therefore, this criterion is met.
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 continuous basis.
NO1'I(:1�,O1�llf�.ClSI()ti 1v,1'300?-0(K)10/t31?RG P,�IZ77'fl()?� P.�GI�.10 O1;22
r�ll proposed lots connect direcdy to a public street Lot 1 will connect to SW North Dakota Street and I.ots 2 and 3
will connect to SW f;llson Lane, thereb��meeting this criterion.
Curb Cuts. Curb cuts shall be in accordance with Section 18.810.030N.
The site plan shows a curb and gutter between the planter strip and street. Curb cuts will be further regulated during
the Public Facilit�� Improaement Permit re��iew.
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 would cause or increase existing hazardous traffic conditions; or would
provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to
exist which would constitute a clear and present danger to the public health, safety and general welfare.
The Director has not determined the proposed accesses �vould requi�e re�-ie�� b�- the Coininission. Therefore, this
criterion does not appl�-.
(2) Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be
discouraged. Direct access to major collector or atterial streets shall be considered only if there is no practical
alternative way to access the site.
Neither SW North Dakota Streer n�r SW F.11s�n I,ane is a cc�llector or arterial street. SW Norrh i�ak�ra Street is a
neighborhood route and SW Ellson Lane is a local street. 'I'herefore,this criterion does not appl��.
(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 within a street, other than an alley. Single-family and duplex dwellings are
exempt from this requirement.
No sen�ice drive is proposed or required. Therefore,this criterion does not apply.
Access Managcmcnt
(1)An access report shall be submitted with all new development�roposals which verifies design of driveways
and streets are safe by meeting adequate stack�ng needs, sight distance and deceleration standards as set by
ODOT,Washington County, the City and AASHTO.
The proposed development is for two new lots at the north end of the e�isting lot. The access will be provided by
estending Ellson Lane. Each lot will have a single driveway with no sight distance problems. The egress from the
Stonechase subdi�-ision is at Gallo ��-enue and North Dakota Street. The Stonechase Subdi��ision land use applicarion
proaided sight distance certificauon for this access prior to issuance of building permits.
(2) Driveways shall not be permitted to be placed in the influence area of collector or arterial sueet
intersections. Influence area of intersections is that area where queues of traffic commonly form on approach
to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150
feet, measured from the right-of-way line of the intersecting street to the throat of the proposed drivcway. The
setback may be greater depending upon the influence area, as detetmined from City Engineer review of a
traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150
feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If
shared access is not possible or practical, the driveway shall be placed as far from the intersect�on as possible.
North Dakota Street is a Neighborhood Route and the interior streets of the Stonechase Subdi�rision are classified as
local strects, therefore this criterion does not appl�•.
(3) The minimum spac�of driveways and streets along a collector shall be 200 feet. The minimum spacing
of driveways and stteets along an artenal shall be 600 feet.
North Dakota Street is classified as a Neighborho�d Route, �vhich is a local street. No new streets are being added
along North Dakota Street�vith this application, therefore this criterion is met.
Minimum Access Requirements for Residential Use
(1) Vehicular access and e�ress for single-family, duplex or attached single-family dwe units on
individual lots and multi-family residential uses shall not be less than as provided in Table 18.70�and Table
18.705.2;
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Table 18.705.1 states that the minimum vehicular access and egress for single-famil}� dwelling units on indi��idual lots
shall be one 10-foot paved driveway within a 15-foot-wide access for up to 21ots. The site plan shows that each lot has
a 10-foot paved drivewa�-with the required access. Therefore, this criterion is met.
FINDING: Based on the fmciin�,� abo�-e, the access, egress and circulation standards ha��e been met.
Density Computations (18.715�
Section 18.715.020 provides density calculation formulas. Number of dwelling units is determined by the
following:
A. Definition of net development area. Net development area, in acres, shall be determined by
subtractin� the following land area(s) &om the gross acres, which is all of the land included in the
legal descnption of the properry to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way.
4. All land proposed for�rivate streets;and
5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to
remain on the site.
"I'he applicant provided the following calcularion for net de�-elopable area:
Gross site area: 32,538 SF
Public ROW dedication: -4,241 SF'
N�t developable area: ?8,297 SF
B. Calculating maxiinum number of residential units. To calculate the ma�cimum number of residential
units per net acre, divide the number of square feet in the net acres by the minimum number of square
feet required for each lot in the applicable zoning district.
The maximum number of residential units permitted is 3,as shown below:
28,411 SF/7,500 SF = 3.77 units = 3 units
C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum
number of residential units per net acre shall be calculated by multiplying the maximum number of
units determined in Subsect�on B above by 80% (0.8).
'The minimum number of residential units is 3,as shown below:
3.77 units x 0.8 = 3.02 units = 3 units
}�INDING: "l�e proposed partirion complies with the ininimum and ma�imum densin-permitted b�� the Code.
Landscaping and Screening (18�745�
Street trees (18.745.040):
A. All development projects fronting on a public street, private street or a private driveway more than 100 feet
in length approved after the adoption of this tide shall be required to plant street trees in accordance with the
standards in Section 18.745.040C.
Street trees are required on SW Ellson Lane. The applicant proposes two street trees on each side of SW Ellson Lane.
Concerning SW North llakota Street, there is an e�sttng tree in the front yard of I.ot 1 and close to the propern- line;
howe�-er, the site plan should also sho�v a ne�v street tree. '111e applicant is condirioned to plant a street tree within the
propern•line along SW North Dakota Street.
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B. Street Tree Planting List. Certain trees can severely damage utilities, streets and sidewalks or can cause
personal injury.Approval of any planting list shall be subject to review by the Director.
The applicant has not indicated �vhat rype of street trees will be planted. Street trees shall be chosen from the City's
street tree list.
C. Size and S acing of Street Trees. The specific spacing of street trees by size of tree shall be as stated in
Section 18.74�040.C.2 of the code.
The revised site plan shall indicate the species of the proposed street trees. Size and spacing of street trees shall be as
stated in Code Secrion 18.745.040.C.2.
FINDING: Based on the findin� above, all Landscaping and Screening criteria are met or can be mer by
satisf�-ing the following condition:
CONDITION: The applicant shall re��ise the site plan to indicate the species of the proposed street trees. The
applicant shall also indicate a new street tree within the property> line along SW North Dakota
Street. �1ll street trees shall be chosen from the Cin-'s street tree list. Size and spacing of street trees
shall be as stated in Code Secrion 18.745.040.C?.
Off-Street Parki and Load.i Re uirements 18.765
Section 18.765.02 .A states that at the time of the erection of a ncw structure within any zoning d.istrict,
offstreet vehicle parking will be provided in accordance with Section 18.765.070 (minimum and maximum
parking requirements).
For single-famil�• dwellings, one parking space per d�velling unit is required. "I'he applicant acknowled�es this
requirement In addirion,compliance will be regulated at the time of building permits. Therefore,this criterion is met.
Section 18.765.030.B.1 states that off-street parking spaces for single-family and duplex dwellings and single-
family attached dwellings shall be located on the same lot with the dwelling(s).
The applicant indicates that the parking spaces �vill be pro�-ided on the indi�-idual lots. In addirion, compliance will be
regulated at the rime of building pernuts. Therefore, tlus criterion is met.
FINDING: Based on the findings aboi-c,parking and loading requirements havc mct.
Tree Removal�18.790�
Tree Plan Requirements (18.790.030):
A. A tree�lan for the planting, removal and protection of trees prepared by a certified arborist shall be
provided or any lot, parcel or combination of lots or parcels for which a development application for a
subdivision,partinon, site development review,planned development or conditional use is filed. Protection is
preferred over removal wherever possible.
A tree preservarion and remo��al plan has been prepared by I�y I�inyon,certificate number PN-0409.
B. Plan requirements. The tree plan shall include the following:
1. Identification of the location, size and species of all existing trees including trees designated as significant
by the city;
The tree inventor�- identifies the size and species of all e�sting trees including trees over G caliper inches. "I�he tree
plan shows an im-entor� table and location of all trees. Therefore, this criterion is m�t.
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper.
Mitigation must follow the replacetnent guidelines uf Section 18.790.060D, in accordance with the following
standards and shall be exclusive of trees required by other development code provisions for landscaping,
streets and parking lots:
(a) Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in
accordance with Section 18.790.O60D of no net loss of trees;
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(b) Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the
uees to be removed be mitigated in accordance with Section 18.790.060D;
(c) Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the
trees to be removed be mitigated in accordance with Section 18.790.O60D;
(d) Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation.
None of the trees o�-er 12 or 6 caliper inches are being remo�-ed. Therefore,no mitigarion is required.
3. Identification of all trees which are proposed to be removed;
No trees will be removed.
4. A protection program defining standards and methods that will be used by the applicant to protect trees
during and after construction.
The tree plan includes a protecrion program defining standards and methods that will be used b�� the applicant to
protect trees during and after construcnon. However, the Citv z�rborist notes that the tree protecuon program does not
include the sripulanon that the tree fencing shall not be mo�-ed�vithout the petrnission and supemision of the Project
l�rborist. The Project Arborist shall revise the tree protection pro�ram and/or the a�plicant shall ret�ise the site plan to
indicate that the tree fencing shall not be moved��ithout the pernussion and supen-ision of the Project�lrborist.
C. Subsequent tree removal. Trees removed within the period of one year prior to a development application
listed above will be inventoried as part of the uee plan above and will be replaced according to Section
18.790.O60D.
No trees ha�-e been removed in the past vear prior to this applicarion being submitted. Therefore, this criterion does
not appl��.
Subsequent Removal of a Tree (18.790.040):
Any ttee preserved or retained in accordance with this section may thereafter be removed only for the reasons
set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional
use, and shall not be subjeet to removal under any other section of this cha�ter. The property owner shall
record a deed restriction as a condition of approval of any development permit affected by this section to the
effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist.
The deed restriction may be removed or will be considered invalid if a tree�reserved in accordance with this
section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject
to approval by the Director.
r� condition of approval requiring the above shall ensure that this criterion is met.
FINDING: 'Tree protecuon has n�t fully been met The applicant shall satisfy the conditions below:
CONDITIONS:
• Prior to site work, the Project rlrborist shall re�rise the tree protecrion program and/or the
applicant shall re�rise the site plan to indicate that the tree fencing shall not be mo�-ed
without the permission and supemision of the Project�lrborist.
• Prior to any site work the applicant shall install all proposed tree protecuon fencing as
approved by the 1'roject ��rbonst. The fencing shall bc ins�ected and approved by the City�
��rborist pnar to begulnuig an�� site work. "1'hc tree protecnon fencing shall remain ui place
� through the duration of all of the building construction phases,unril the fmal inspection has
been passed. ��fter appro�-a1 from the Cin� rlrborist, the tree prorecrion mcasures ma�- be
remo�-ed.
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If the Builder is di�er�nt�rom the develo�er or i�lic•ant:
Prior to issuance of building permtts,the apphcant shall submit site plan drawings indicating
the location of the trees that were presen�ed on the lot during site de�-elopment, location of
trec protecrion fencing, and a signature of approval from the Pro�ect?�rborist regarding the
placement and construcrion techniques to be employed in building the structures. All
proposed protection fencing shall be installed and inspected prior to beginning
construction. The fencing shall remain in �lace through the duration of all of the building
construction phases, until the final inspecaon has been passed. rlfter approval from the
Cin-.-�rborist, the tree protection measures ma��be removed.
• The Project Arborist shall submit written reports to the Cit�- l�rborist at least once e�-erv
two weeks, from inirial tree protecrion zone ('IT'Z) fencin� installation through the
building construcrion phases, as he/she monitors the construcnon acu�-iues and pro�ress.
This inspection will be to evaluate the tree protection fencing, determine if the fencing was
mo<<ed at any point during construction, and determine if am� part of the 'Tree Protecuon
Plan has been violated. These reports must be pro��ided to the City �lrborist until thc final
inspecrion. The reports shall include an�• changes that occurred to the TPZ as well as the
condiuon and locauon of the tree�rotecuon fencing. If the amount of TPZ was reeiuceei
then the Project :lrborist shall jusufy wh��the fencing was mo�-ed, and shall certif�- that the
construcrion acriviries to the trees did not adversely impact the overall, long-term health
and stability of the tree(s).
If the reports are not submitted to the Ci�y� Arborist at the scheduled inter�-als, and if it
appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or
a sub-contractor, the City can stop work on the project until the City Arborist and the
Project rlrborist can do an inspection.
• Prior to a final inspection, the Project��rborist�vill submit a fmal certification indicating the
elements of the Tree Protecrion Plan were followed and that all remaining trees on the site
are healthy, stable and��iable in their modified growing em-ironment.
• Prior to receiving a building permit, the applicant/owner shall record a deed restricrion to
the effect that any exisring tree greater than 12" diameter may be removed only if the tree
dies or is hazardous according to a certified arborist. The deed restricrion may be removed
or will be considered in�-alid if a tree preserved in accordance with this decision sh�tild
either die or be remo��ed as a hazardous tree.
Visual Clearance Areas 18.795
This Chapter tequires t at a clear vision area shall be maintained on the corners of all property adjacent to
intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area
shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction
exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall
be visually clear between three (3) and eight (8) feet in height. Trees may be�laced within this area provided
that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by
measuring &om the corner, 30-feet along the right of way and along the driveway and connecting these two
points with a straight line.
F'INi�iNG: "1'he site plan correctiv shc�ws eisual clearance rnangles f�r all pro osed driveway�s; however, the
�-isual clearance triang�es for Lots 2 and 3 will change with the con�rioned front setback change to
the required 20 feet There is also a tree �vithin the visual clearance triangle for Lot 1. T'he
applicant is hereb��norified that no branches can be lower than 8 feet from the ground.
C(�Nll1TION: 1'rior to approaal of the final plat, the applicant shall re��ise the ��isual clearance triangles for Lots 2
and 3 ui accordance �vith the condirioned front setback change to the required 20 feet. The
applicant is hereby norified that no branches can be lower than 8 feet from the ground for the tree
on Lot 1.
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Impact Study (18.390�
Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria
when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of
development on public facilities and services. For each public facility system and type of irnpact, the
study shall propose improvements necessary to meet City standard, and to minimize the impact of the
development on the public at large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real property interests, the
ap�licant shall either specifically concur with a requirement for public right-of-way dedication, or provide
evidence that supports that the real property dedication is not toughly proportional to the projected impacts
of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the
public of an interest in real property, the approval authoriry shall adopt findings which support the conclusion
that the interest in real property to be transferred is roughly proportional to the impact the proposed
development will have on the public.
The applicant has pro��ided an impact study� that quanrifies the effect of the proposed partirion on die services below:
Sewer: The e�isting home is currendy using a sepric system and will be required to be connected to the public sewer
system prior to buildin permits for Lots 2 and 3. Lots 2 and 3 will connect to the public sewer main in SW Ellson
Lane. The applicant�extend the sewer main from their east propertv line to their�vest property line.
Water: The subject properh� receives Cit�� of Tigard water. I.ot 1 is alreadv hooked up to the water line in SW North
Dakota Street. Lots 2 and 3 will hook up to the water line in SW Ellson Lane. The applicant will provide new single-
sen-ice water meters for Lots 2 and 3.
Storm Draina�e: Storm drainage from I.ot 1 will remain the same. Stormwater from Lots 2 and 3 will be discharged
into the elisting public srorm se�ver s��stem in SW Ellson Lane. "l�e applicant will be estending the e�sting storm
sewer line from the site's east propert�� line to west property line. The applicant indicates that adding a new drainage
system will offset runoff created by the two addirional homes.
Parks: The subject pro erty� itself is about '/z mile south of Englewood Park by street and within '/z mile west of the
Fanno Creek Trail on �W North Dakota Street. The applicant will be paying a parks system development charge for
the two additional homes at the time of building permits.
Trans�ortarion: The e�isting home on Lot 1 will continue to have direct access to SW North Dakota Street. The two
new homes on Lots 2 and 3 will have direct access to SW F_.11son Lane and will add about 20 total trips per da}'. "I'he
Tigard Transportation S3�stem Plan (TSP) classifies SW North Dakota Street as a ne hborhood route and SW Ellson
Lane as a local street The nearest collecror to the east is SW i'iedeman�lvenue,whic�is about 0.6 mile awa�- from the
site. The nearest collector to the west is SW 121" rlvenue,which is about 0.3 mile away. I"he nearest bus line is on SW
121"rlvenue. There is also a bus linc on SW Ureenburg Road about 0.7 mile a«�a��. The applicant will mirigate impacts
to the transportation svstem throu�h right-of-wav dedication on SW North Dakota Street and constructing an eye brow
corner on SW Forest Lane. In addirion, the applicant will pay a Washington County Transportation Impact Fee (I'IF�
for the two additional homes at the time of building permits.
Mirigated Costs and Rough Pro�orrionaliri�:
The TIF is a miti�,ration measure that is required for new develo ment. Based on a transportarion impact study
prepared by Mr. Da�-id Larson for the .1-Bo�- E�pansion/Dolan II�Resolution 95-61, T'IF's are expected to recapture
32 percent of the traffic impact of new det-elopment on the Collector and ��rterial Street system. The applicant will be
reqi.ured to pa�� TIF's of ap�roYimatelv �3,020 (Effecrive�)ul�- 1, 2004) per ne�v d�velling unit. Therefore, the TIF for
this proposed development is �a6,040 (�3,020 * 2 ne�v dwelling units).
Based on the estimate that total TIF fees co�•er 32 percent of the impact on major street impro�-ements citywide, a fee
that would cover 100 percent of this project's traffic impact is �18,875 (�6,040=0.32). The difference between the TIF
paid, and the full impact, is considered the unmiri ted impact on the street s5-stem. The unmirigated unpact of this
project on the transportation system is $12,835 �18,875 - �6,040). 77�e apphcant's total cost of miti>aung traffic
unpacts is estimated to be �6,115, as shown under "�1iti�ated Costs" below. There is �6,720 worth o�unmingated
impacts left. Therefore, the required dedicarion and impro��ements do not exceed the value of unmirigated impacts and
meet the rough proportionalin- test.
N<)"I'ICI�:Ol�l)I:CI�I()\� l[1.P2007-00010/RIiRG P.AR'l'1'll()V' Y,�(�1?1G O1:22
�fiugated Costs
Right-of-way�dedicarion- 1,205 SF (North Dakota Street, Forest Lane).....S3,G15
F.�-ebrow corner (,Forestl.........................................................?,500
Esrimated Value of��irigated Costs SG,115
Estimated�'alue of Im�acts
FullImpact.....................................................................�18,875
Less TIF l�ssessment...............................................................G,040
Less i�1iri atcd Costs............................................ ..0 115
Estimate �'alue of liiunitigated Impacts � 6,720
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810�
Chapter 18.810 provides construction standards for the implementation of public and private facilities and
utilit�es such as sueets,sewers, and drainage. The applicable standards are addressed below:
Streets•
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordancc with thc TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing
street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Neighborhood Route with bike
lanes to have a 58 foot right-of-way width and 36-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 North llakota Strcet, which is classified as a Ne��ghborhood Route on the City of Tigard
Transportarion Plan Map. !�t present, there is approximately 20 feet of ROW from centerline, according to the most
recent tax assessor's map. The applicant should dedicate the addirional ROW required to provide 29 feet from
centerline.
SW North Dakota Street is currendy partially unproved. In order to mirigate the impact from this development, the
applicant should enter into a future street improvements agreement.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 42-54 foot
right-of-way width and 24-32-foot paved section. Other improvements required may include on-street
parking, sidewalks and bikeways,underground utilities,street lighting,storm drainage, and street trees.
This site lies adjacent to SW I:llson I,ane, which is classified as a local street on the Cin� of 1'igard Transportarion Plan
Map; r1t present, there is approximatel�� 46 feet of ROW, according to the most recent tax assessor's map. The
apphcant should dedicate 46 feet of ROW from their east property line to�vest propert}'line.
SW Ellson Lane is currendy constructed up to the applicant's east propern- line. In order to mitigate the impact from
this development, the applicant should construct full street improaements to their west property line. These
improvements include 24 feet of paving, 5 foot planter strips, 5 foot sidewalks, street trees and�round cover, cxtension
of public utiliries and installarion of "NO Pr�RI�ING" signs. This is an internal street pro�nduig access to the two
addirional lots proposed.
In addirion, this site lies adjacent to SW Forest Lane, �vhich is classified as a local street on the Cin- of Tigard
Transportarion Plan l���ap. At present, there is a 46 foot ROW that was designed for a T-intersecrion. T�e applicant
should deciicate the addiuonal ROW required to pro�ride an e��ebrow corner. The applicant's plans show a ROW radius
of 25.5 feet. This plan was previously approved by engineering staff.
SW Forest Lane is currendy improaed up to the applicant's east property line. In order to mirigate the impact from this
development, the applicant should construct the eyebrow corner as shown on the applicant's plans and previoush>
appro��ed by engineeruig staff. 'I'his includes a 1 G foot curb radius, 5 foot planter strip, 5 foot sidewalk, strcer trees and
ground cover.
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Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed
which shows the pattern of existing and proposed future streets from the boundaries of the proposed land
division. This section also states that where it is necessary to give access or permit a satisfactoty future
division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a
barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not
considered to be cul-de-sacs since they are intended to continue as through streets at such time as the
adjoining property is developed. A bamcade shall be constructed at the end of the street by the �roperry
owners which shall not be removed until authorized by the Ciry Engineer, the cost of which shall be mcluded
in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub stteets in excess of 150 feet in length.
'l�e applicant has submitted a future street plan that shows how l;llson Lane will ettend to the �vest and then turn
south,returnuig to S`�1 North Dakota Street. This submittal meets this criterion.
Street Align�nent 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 bamers such as topography, railroads, freeways, pre-
existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1,
1995 which preclude sueet connections. A full street connection may also be exernpted 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�rovide rec�uired 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
topographical constraints, the mere presence of a constraint is not su�cient to show that a street connection
is not possible. The applicant must show why the constraint precludes some reasonable street connection.
The applicant's plans show the ettension of SW Ellson I.ane to their�vest propern• line. "I'hcir future street plan shows
the further extension of Ellson Lane to the �vest, looping back to the south to connect �vith North Dakota Street,
thereb�� meeting this criterion.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on
collector streets, or 12% on an� other street (except that local or residential access streets may have se�n ents
with grades up to 15% for d.istances of no greater than 250 feet). Centerline radii of curves shall be as
determined by the City Engineer.
The applicant's plans indicate the proposed�rade of 1?llson I,ane is appro�imatel�- 3"'0, thereby meetin�this criterion.
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 safery 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 forrned by streets shall not exceed 1,800
feet rneasured 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 arterial streets, limited access highways,major collectors or railroads.
. For non-residential blocks in which internal public circulation provides equivalent access.
SW Ellson�vill be extended to e��entuall�� connect to SW 114°i Place in Winter's ��ddirion subdi�•ision to the west. The
perimeter of the block created would be about 1,800 feet, thereb�� meering the standard for blocks.
Lots - Size and Shape: Section 18.810.OGO.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.
N()'17(:I�:UI�lll?(�ISION 111.1'2007-00010/HI?RG I'.Ut'1'I"I'I()'.� I'.A(�I: 18 OI:3'
Lots 2 and 3 are less than 1.5 times the ininimum lot size; therefore, the standard does nc�t apply. l.ot 1 (14,148 SI� is
greater than 1.5 times the minimum lot size (7,500 SF x 1.5 = 11,250 SN�. The lot depth (222.35 feet) is 3.37 times tlie
average lot width (CG feet),which is not permitted.
CnNDITION: Prior to the ap ro�-a1 of the final plat, the applicant shall re�-ise the area of Lot 1 to be less than
11,250 square �ect so that the lot depth/�vidth ratio does not appl�•. Other�vise, the applicant
shall revise the depth of Lot 1 so that it is not more than 2.5 times the a�-erage lot width. The
lot area and ciimensions for Lot 2 shall be re�-ised accordingly.
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�artition, 18.420.050.A.4.c applies,which requires a parcel to
either have a minimum 15-foot frontage or a mimmum 15-foot wide recorded access easement. In cases
where the lot is fot an attached single-family dwelling unit, the frontage shall be at least 15 feet.
��ll lots have more than 15 feet of frontage required for parririons. Parcels 1, 2 and 3 each have 6( feet of frontage,
respecrively. Lot 1 has addirional frontage along the evebrow corner on SW Forest Lane. "I'herefore, the frontage of
each lot eaceeds the minimum standard for parnuons.
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 sueets. Private streets and industrial streets
shall have sidewallcs on at least one side.
The applicant's plans indicate they will construct sidewalk on both sides of the e�tension of SW Ellson Lane. They
will enter into a future street impro�rements agreement for the frontage improvements along North Dakota Street,
�vhich includes sidewalk, therefore this criterion is met.
Sanitary Sewets:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to setve 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 Cornprehensive Plan.
The two proposed lots at the north end of this site will be ser�-ed by the e�tension of the public sewer main in SW
Ellson Lane. The sewer main will be extended from their east property line to their west property line.
The e�sting home is currendy using a septic system. Z�e sepuc svstem must be decommissioned and the e�sting
home connected to thc public sewer system prior to issuance of builcfing permits.
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 lar e enou h to accommodate potential runoff from its entire upstream drainage area,whether inside
or outside �e deve�opment. The City Engineer shall approve the necessa�ry size of the facility based on the
�rovisions of Design and Construction Standards for Samtary and Surface Water Management �as adopted by
lean Water Services in 2000 and including any future revisions or amendments).
'1'here are no upstream drainage wa�-s that impact this de�-elopment.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer
that the additional runoff resultin� from the development will overload an exishng draina e faciliry, the
Director and En ineer shall withhold approval of the development until provisions have �een made for
improvement of t�e potential condition or until provisions have been made for stora e of additional runoff
caused �by the development in accordance with the Design and Construction Stan�ards for Sanitary and
Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or
amendments).
NO'l'ICI�:OI�I)I?(:ItilON �f],P3007-00010/E31�.RC� Y.Ut'17'I'1O',� I'.A(�I�: 19OI�33
In 1997, Clean Water Ser�-ices (CWS) completed a basin stud}' of Fanno Creek and adopted the Fanno Creek
Watershed �ianagement Plan. Secrion V of that plan iYCludes a recommendarion that local governments insritute a
stormwater detenuon/effecrive imper�-ious area reducrion program resulting in no net increase in storm peak flows up
to the 25-year e�-ent. The Cin� will require that all new de�•elopments resultin� in an increase of impen-ious surfaces
provide onsite detenrion facilirics, unless the deeelopment is located ad�acent to Fanno Creek. For those
developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detenrion.
The runoff from this development must be collected and discharged to an appro�-ed public s��stem. The e�cisting
public storm sewer system in SW �llson Lane shall be extended from the apphcant's east property line to the west
property line. The runoff will be dischargcd to this s}�stem. For small projects like a parrition a fec-in-lieu of on-site
detenrion may be allowed. Staff recommends the applicant pay the fee-in-lieu.
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 dedicahon of easements or right-of-way.
SW North llakota Street is desi�nated as a bicycle facilit��.
Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit
developments, conditional use permits, subdivisions, and other developments which will principally benefit
&om such bikeways shall be conditioned to include the cost or construction of bikeway improvements.
'l�e applicant is required to enter into a future streets improt-ement agreement that will include bicycle striping and
signage.
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 round, except for surface
mounted transformers, surface mounted connection boxes and meter cabinets w�ich may be placed above
ground, temporary utiliry service facilities during construction, high capaciry electric lines operat�ng at 50,000
volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide the
under�round services;
. The (:ity reserves the right to approve location of all surface mounted facilities;
. All underground utilit�es, incIuding sanitary sewers and storm drains installed in streets by the
developer, shall be 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 deterrnination 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- rounding would result in
the placement o�additional 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 properry shall pay a fee in-lieu of under-grounding.
There are etisting oaerhead utilitc lines along the frontage of SW Narth Dakota Street. If the fee in-lieu is proposed,
it is equal to 535.00 per lineal foot of street frontage that contains the o�-erhead lines. The frontage along this site is 6G
lineal feet;therefore the fee would be 52,310.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
The City of Tigard provides service in this area. 'I"he applicant's plans indicate the�-�vill e�tend the public water line in
SW Ellson Lane from their east property line to their west propert�• line. Lach�lot will be provided with a ;/.� inch
water meter, unless otherwise directed b}� the City of Tigard.
NO'17(:1�.<)I�l�l�;(:[til<)N 117.1'300?-00010/HI?RG I'.Vt71"1'1OI� I',1G1�:30OI�22
Storm Water uali :
he ity has agreed to enforce Surface Watet Management (SWM) regulations established by Clean Water
Services (CWS) Desi�n and Construction Standards (adopted by Resolut�on and Order No. 00-7) which
require the construction of on-site water quality facihties. The facilities shall be desi�ned to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff generated�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 CWS standards include a pro�-ision that�vould exclude small projects such as residenrial land parririons. It would
be impracrical to require an on-sitc water qualiri- facilin� to accommodate treatment of the storm water from Parcels 2
and 3. Rather, the CWS standards pro��ide that applicants should pa�� a fee in-lieu of constructing a facilin� if deemed
appropriate. Staff recommends payment of the fee in-lieu on this applicauon.
Gradi and Erosion Control:
CWS es�' nand Construction Standards also regulate erosion control to reduce the amount of sediment and
other polrutants reaching the public storm and surface water system resulting from development,
construction, gradin�, excavatin�, clea n'n�, and any other activiry wtuch accelerates erosion. Per CWS
regulations the apphcant is required to submit an erosion control plan for City review and approval prior to
issuance of City perrnits.
The applicant has submitted a Grading and Erosion Control plan with this applicauon. These plans must be
submitted with their PFI applicarion for review and approeal.
Address Assi�nments:
The Ciri' of Tigard is responsible for assig�n g addresses for parcels within the Cin• of Tigard and within the Urban
Service $oundar}� ([��SB). An addressing fee �in thc amount of S50.00 per address shall be assessed. This fee shall be
paid to the Cit��prior to final plat approval.
Survey Requirements:
"I'he applicant's final plat shall contain State Plane Coordinates [Nr1D 83 (91)] on two monuments with a tie to the
City's global posidoning s�-stem (GPS) geoderic control network (GC 22). These monuments shall be on the same line
and shall be of the same precision as r�quired for the subdi�-ision plat boundar�-. ��long with the coordinates, the plat
shall contain the scale factor to con�-ert ground measurements to gnd measurements and the angle from north to grid
north. These coordinates can be established by:
. GPS rie networked to the Ciry's GPS sun ey.
. By random traverse using convenrional surveying methods.
In addirion, the applicant's as-built dra�vings shall be ried to the GPS nettvork. The applicant's engineer shall pro�ide
the Cit�-with an electronic file with points for each structure (manholes, catch basins,water valves, ht�drants and other
water s��stem features) in the deeelopment, and their respecrive Z and Y State Plane Coordinates, referenced to Nl-�D
83 (91).
SECTION VI. OTHER STAFF COMMENTS
The City of Tigard Engineering Department has re�-iewed the proposal. Full comments are included in the land
use file (MLP2007-00010). I�indin n and condirions of appro�-a1 are included in the rlccess, Egress and Circularion
(18.705) section and Streets and L'�tt� Improeements (18.810) section of this decision.
City of Tigard Building Department has revicwed the proposal and notes that water sen�ce for lots 1, ? and 3 shall
be sized per the Oregon Residential Specialt��Code. Thc proposed size is not adequate and should be 3/4.
RF.SPONSE: "I'he Engineering Department has condirioned the applicant to pro�-ide a 3/.�-inch water meter for each
lot on SW Ellson l,ane. The existing house on Lot 1 is alread�� connected to the water line in SW
North Dakota Street.
SECTION VII. AGENCY/OTHER SERVICE PROVIDER COMMENTS
Clean Water Serviees (CWS) has rei�iewed the proposal and provided general comments and comments related to
sanitan• se�ver, storm drainage and �vater qualiri- and erosion control. Full comments are included in the land use file
(�1LP2007-00010). The Cin' of Tigard Engineering Department has included CWS comments in its condirions of
appr��ral.
NO"1'ICI�,OI�ll1�.CltilON '�i].P3007-0(x)10/BI?RG Y,AR'CI'l'1OI� 1'.AGf?21 Ul:Z'
Tualatin Valley Fire and Reseue has re�-ie�ved the proposal and endorses the pr<�p�>sal based on certain conditions
of appro�-al. Full comments are included in the land use file (�1LP2007-00010). The Cin- of 'i'igard L:ngineering
Department has included TVF&R requirements in the condirions of approval.
Qwest reviewed the proposal and notes that the proposed parririon does not fall�vithin the Q�vest sen�ice area.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
1 The applicant and owners
� Chvner of record within the required distance
1 l�ffected go�-emment agencies
Final Decision:
THIS DECISION IS FINAL ON SEPTEMBER 28,2007 AND BECOMES
EFFECTNE ON OCTOBER 13,2007 UNLESS AN APPEAL IS FILED.
��� eal:
The D�irector's Decision is final on the date that it is mailed. r�ll persons enrided to norice or who are otherwise
ad�-ersely affected or aggrieved by the decision as provided in Sect�on 18.390.040.G.1. may appeal this decision in
accordance with Secrion 18.390.040.G.2. of the Tigard Community� De�-elopment Code which provides that a written
appeal together with the required fee shall be filed with the Director within ten (10) business day-s of the date the Notice
of Decision was mailed. The appeal fee schedule and forms are at-ailable from the Planning Di��ision of"I'igard Cin�
Hall, 13125 SW Hall Boulevard,'I"igard,Oregon 97223.
LTnless rhe a��licanr is rhe appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues identified in the written comments submitted b�� the parties during the comment period. Addiuonal
e��idence concerning issues properly�raised in the Notice of�ppeal ma}� be subrrutted b�- an�- part�� during the appeal
hearing, subject to any addinonal rules of procedure that may be adopted from time to time�by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 12,2007.
uestions:
If you have any quesrions, please call the City of Tigard Current Planning Division, Tigard Ciry Hall, 13125 SW Hall
Boulevard,Tigard, Oregon at (503) 639-4171.
/� ` Se�tember 28,2007
F.Pr1R . � Rng DATE
Assistant I'lanneY
� �l � Se�tember 28.2007
REVIE�ED Y: Richar . ewersdorff D1�TE
Planning Manager
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.1MMERCREST � (503)639-4171
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EXH I B IT�.�
Ronald M. &Pearl D. Koenig MLP2007-00010
11329 SW North Dakota Street BERG PARTITION
Portland, OR 97223
Dave Berg
14297 SW 133`� Avenue
Portland, OR 97224
DL Design Group,Inc.
Attn: Gary Darling
9045 SW Barbur Blvd.,Suite 101
Portland, OR 97219-4036
John &Darlene Buchanan
11062 SW 113`i' Terrace
Tigard, OR 97223
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G�TY O� TIGARD PLANNII�G DfViSiON ,�����1�����- -
13125 SWI HALL BOULEVARD TIGARD,4R 97223$189 . . _
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Date `� r 7 �7 By�,Receipt* ' � '� City ❑.U►i�❑ DBteComplete�
TYPE OF PERMIT'YOU ARE APPLYlNG FOR , . �
� �Adjustrner�tNariance(1 or II) �NGnor I.end Partition(t1) . ❑Zone Cr�a�rge(Ilq .
❑Cocanprehensive Plan Amer�dment({1� ❑Planned Developmetrt(lIQ . �2one�hange Mnexation(I�
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' possessio�with wriften authorization'from the vwner or�an agent of the owner. Th�ers must sign this appliption in�the
s rovided on tFie back of this foRn or submit a writ�en auit�orizatiori�with this ica�ion. ' � •
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ar��+ +�cu � ►� .�cG.rs�� K � � �Iniu irr
l, qPPLlCATIONS WILL� NOT BE ACCEPTED WlTHOUT A1.L OF THE REAUtRED SUBMfTTAL ELEMENTS AS ''
DESCRIBED IN THE"BAS1C SUBM�TTAL REQUIREMENTS"IN��QRIMAT�N SHEET.
04/B6/2dd 1 13:41 5b�-'L4b-Lby4 1JL Ut51(aN (iF2l.x.� 1NC; PAGE 83/93
� . a • ' . '
THE�APPUCANT SHAIL CERTIF�(THAT: - - � . � - �
,� � � � .
♦ lf t�►e application is granted, the applicant shali exercise the rights granted in accvfdance with the .
terms and stibject to ali the condittons and limitations of tfie appravaL � . � , .� �
• Atl the above statements arxi the s�atements in the�lot�plan, attachments, and exhibits
transmitted herevvith, are true; and the applicants so ackriowiedge that any permit issued, based
on this applicadon� rnap be revoked if it is found that any such state�nents are talse: � . . �
♦ The applicanthas read the errtire conter�ts of the application� including the poli�ies and Criteria,
. � artd understands the requiremerrts for approving or denying the appGCation(s).
S[GNATURES OF EQCH OWNER OF THE�SUBJECT PROPERTY ARE REQUIRED. '
� C ��� `�j�� � � . � !�-�� - . U ? � . .
nar's Sigrtature � . �. �Date � � .. .
. . f . . . .
" . �"� --�/ . � . . � / - � .
/ . . •
�. , r's Sigr�attsr+e i . Date
. . � � . . .
Owii�r's Sig�atuc+e � � � .� . Date � � . .
Owner's Slgr�tture . . � Qa�e . .
pMm�r's Signature � . Dabe .
. / �� , / /.)�1 . . . � . : ..
. X ��C", � , t� , �"'� � � . . . -l.U�-L� . . .
�� ApplicanUApsnt/Represen�ative's Signature Date � � . .
_�' ��1L � C��C1� . '� � .�� . � .
Ap�pIicanthA epresent�tive's Slgaature � � �. Dat� . � .
_ / � � . . . �- . .
�` . . . � .
�
a
= LAND USE PROPOSAL DESCRIPTION
. � .
120 DAYS = 11/16/2007
FILE NOS.: MINOR LAND PARTITION (MLP) 2007-00010
��:��zl.����c��. �r��x� �oo�-0001�
FILE TITLE: BERG PARTITION
APPLICANT: lla�-e Berg APPLICANT'S lll,llesign Group, Inc.
14297 SW 133"' �1�-enue REP: �1tm: Gar�- Darling
Portland, C)R 97224 9045 SW Barbur Bl�-d., Suite 101
Portland, OR 97219-403G
OWNERS: Ronald i�1. & Pearl D. ILOenig
11329 SW North Dakota Street
Portland, OR 972?3
REQUEST: '1'he applicant requests a�pro��al to �artiuon one 32,538 square foot lot into three lots of 14,148
SF, 7,�90 SF and C,G73 SF. The e�sting single-famil�- home will remain on one lot and two new
sin�le-famil�� homes will be built on the other lots. '1'he a�plicant also requests appro�-al for a
\'ariance to the minimum lot size for proposed Lot 3 from 7,500 SF to (,673 SF. W'hile the
e�isting lot has enough area for three lots of at least 1,000 SI� abo�-e the minimum lot size, the
re9uirement to continue SW F.11son Lane in the neighboring Stonechase subdi��ision �vould limit
the configuration of the proposed lots so that one lot is 827 Sf� below the minimum lot sizc. 1'he
applicant ar�ues that the unusuall�- narrow shape of the lot and street pattern of the neighboring
subdivision �ustif�� the variance. .� i�ariance would allo�v the smaller lot to be a non-conforming
legal lot rather than a vacant non-buildable lot.
LOCATION: 11329 SW North Dakota Street;Washington Counn-'I'as �1ap 1S134DB,Tat Lot 500.
ZONE: R-4.5: Low Densitv Residenrial. 'I`he R-4.5 zoning district is designed to accommodare detached
single-famil�� homes with or without accessor�• residenaal units at a minimum lot size of 7,500 syuare
feet Dup�eses and attached sin�;le-famil�- units are permitted condiuonalh-. Some civic and
institurional uses are also permitted conditionallt-. �
APPLICABLE
REVIEW
CRITERIA: Commuiun- I�c�-clopmcnt Codc Chaptcrs: 1 H.370, 18.3)O, 18.420, 18.510, 18.705, 18.715, 18.745,
18.7G5, 18.790, 18.795 and 18.H10.
DECISION MAKING BODY BELOW: TYPE I TYPE II TYPE III TYPE IV
COMMENTS WERE SENT: TULY 25, 2007 COMMENTS ARE DUE: AUGUST 8, 2007
❑ H1�,:IRINC'7S (�I�I�I(;I�:R (MON.) ll,1"1'��. O1� H}:.1RING: TI�iF.: 7:00 PM
❑ PL.INNING CO�1;�1ISSION (MON.) DA"1'E�. O1� HI?��RING: '1'I�'IF,: 7:00 PM
❑ CI"1�'COUNCII. (TUES.) D:�"1'f�: OI�� H}�:.1RING: '1'I��iE: 7:30 PM
� S'1',�f�t�' I�]:CI�ION �'rEiv'rA'rivE� I�.�'1'I�. O1� I�I�CISIC)N: SEPTEMBER 13, 2007
COMPONENTS RELATED TO THE PRO ECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINI�1'1' ��i:V' � DK�1IN.1GI�. PI.��N ❑ SI'17�: llIS1'��NCI�. CI:R'1'If�.
� SI"i'E PI.:1N � S'1'OR'�1 VG':��I'I�.R ;1N;V.1'SIS ❑ "1'R.�11�f�IC S'I'l'lll'
� NARR�1'1'IVE � r�RI3ORIS'1'R]�:POR"1� � U'I�HI�,R: i�1ISCF.I,I,��N}�,O[�5
STAFF CONTACT: Emily Eng,Assistant Planner (503) G39-4171,Ext. 2712
�
� � � RE�.��t��p
����EI��D
�rK 1 7 2�07 �lr:<. 7 �l
� CITY (.ii- + ��;r�RD
t-;�TY OF T9GARD p�qNNINGIE�,GI`JEERING
=;i ,,�, ,,,,,,���R,�n��,i��Rl�,�f;
DESIGN GROUP INC,
TRANSMITTAL
9045 SW Barbur Boulevard, #901
Portland, Oregon 97219-4036
(503) 225-1679
Fax: (503)246-2094
E-mail:ran@dleng.net
To: Emily Eng, Asst. Planner Date: April 17, 2007
Community Development, Planninq Div. Project: Berg Partition, SW North Dakota St.
City of Tigard Reference: Land Use Application
13125 SW Hall Blvd.
Tigard, OR 97223 DLENG# BER001
From Randall Leonard Case/File# Not currently assiqned
Transmitting: Via: For Your:
0 Attached ❑ Mail 0 Review 8� Reply
� Separate Cover 0 Delivery(by client) � As Requested
_ Number of Pages Including Cover O UPS O Information/File
Co ies Descri tion
1 + 3 Land Use Permit A lication— Ori inal Form with 3 co ies
1 Land Use Fee $3,650 Partition; a able to Cit of Ti ard
3 Prelim. Dw . Set, Full-Size Site Plan, Prelim. Plat, Gradin , Utilit Plan, others
3 Nei hborhood Meetin Notice, Attachments, Handouts, Affidavit of Mailin & Postin , etc.
3 Pre-A lication Conference Notes, En ineerin and Plannin
3 E-Mail Res onse re ardin Restrictive Covenant for Fronta e Im rovements
3 Basic Submittal Requirements, Checklist
COMMENTS:
Please notify us concerninq your initial review findinqs. As noted on the Application this project requires
an administrative hardship variance as identified in the narrative description. Also we are awaitinq the
Tree Survey, which will be submitted as soon as available to supplement this submittal.
Signed:�r ���C �K-u-�(�.
Randall L. Leonard
. r
DESIGN GROUP INC,
April 17, 2007
Kim McMillan, P.E.
Development Review Engineer
City of Tigard
2550 SW Hillsboro Hwy.
Hillsboro, OR 97123
Project: 3-lot Partition north of SW North Dakota Street,Tigard
Subject: Fee-In-Lieu for Stormwater Treatment; Waiver of Drainage Report Requirement
Dear Ms. McMillan:
DL Design Gt•oup Inc. represents the developer of a proposed 3-lot partition located north of SVi'
North Dakota Street between SW 114`h Place and SW 113�'Terrace in the Metzger area of Tigard.
The lot consists of a %-acre parcel of land in low-density residential (R4.5) zone without any
significant slopes, special features, or identified environmental constraints. The sole physical
limitation is imposed by required extension of SW Ellson Lane to the west through the subject
property,requiring an e�emption for one resultant undersized lot.Site characteristics are described as
follows:
Pronertv Features:
Location: 11329 SW North Dakota Street, Tigard 97223 (Wash. County)
Tax Map: 1 S 1 34DB 00500
Size: 0.75 acres, � 32,538 sq. ft. Approx. 66 ft. wide x 493 ft. deep (north-south dimension)
Zoning: R4.5; single family, minimum lot size= 7,500 sq. ft.
Physical Characteristics: Virtually flat; one existing house, scattered trees and shrubs
Neighborhood: Metzger(southern portion)
Pi�osal �
Drainage from the area is limited due to flatness oi the terrain. Consequently relatively little stoi-�r,
drainage occurs in the immediate vicinity. Drainage to the east is accoinmodated by the new
subdivision. Few catch basins or other stornl appurtenances are present along the property frontage
(refer to accompanying Utility Plan, Dwg. C4.1).
Site development involves partitioning the existing prope�ty into three parcels.Parcel#1 would fiont
on SW North Dakota Street, with Parcels#2 and #3 occun-ing inimediately to the north. Given the
limited extent of development and virtual absence of slopes that could produce little offsite runoff,
we request the following:
1)A fee-in-lieu for treatment be allowed,paid in advance of site developinent,rather than requiring
onsite treatment facilities
9045 SW Barbur Boulevard, Suite 101 ♦ Portland, Oregon 97219 ♦ Phone: 503.225.1679 ♦ Fax: 503.246.2094
2) The existing public storm system be extended (per dwgs.) to the west, with a storni manhole
placed where shown.
3) In considering the site conditions, we ask that the fee-in-lieu be deemed adequate and the
requirement for a drainage study be waived. This request appears to adequately address botli the
development and the City's objectives.
Would you please notify us if you concur with this proposal, and accept this plan; or alternately,
what yotzr requireinents are regarding further drainage clarification and design.
Thank you for your consideration.
Sincerely,
�} �r.,, z'i7 rN� LC�� �l�
Inn�s huk, esident
DT.Desi�i Group Inc.
� L
9045 SW Barbur Boulevard, Suite 101 ♦ Portland, Oregon 97219 ♦ Phone: 503.225.1679 ♦ Fax: 503.246.2094 DESIGNGROUPINC.
Page 1 of 1
Gary Darling
From: "Kim Mcmillan"<Kim@tigard-or.gov>
To: <gid�dleng.neh
Sent: Thursday, February 01, 2007 4:50 PM
Subject: Re: Dave and Cathy Berg Project-Property west of Stonechase
�ry,
� A Restrictive Covenant will be acceptable for the North Dakota
frontage.
Kim
»> "Gary Darling" <gid�dlen�Tnet>02/O1 2:44 PM»>
Kim,
Do you know if they can do a waiver of remonstrance to do frontage
improvements on North Dakota or do they have to do the actual
improvements.
Thanks
�'
Gary Darling, P.E. Principal
9045 SW Barbur Blvd. Ste 101
Portland, OR 97219
ph: 503.225.1679
fax: 503.2462094
www.dl design�;r_o_u�i nc.com
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.1.411 /Virus Database: 268.17.19/663 -Release Date: 2/1/2007
3/2/2007
RECEIVED PLANNIN�
�AAY 0 3 2007
. CITY OF TIGARD
DESIGN GROUP INC.
TRANSM ITTAL
9045 SW Barbur Bou/evard, #101
Port/and, Oregon 97219-4036
(503) 225-1679
Fax: (503)246-2094
E-mail: ran@dleng.net
To: Emily Eng, Asst. Planner Date: May 1, 2007
Community Development, Planning Div. Project: Berg 3-lot Partition
City of Tigard Reference:
13125 SW Hall Blvd.
Ti�ard, OR 97223 DLENG# BER001
From Randall Leonard Case/File# Not currently assigned
Transmitting: Via: For Your:
Q Attached 0 Mail 0 Review 8� Reply
O Separate Cover O Delivery � As Requested
_ Number of Pages Including Cover 0 UPS � Information/File
Co ies Descri tion
3 Tree Plan, 11329 SW North Dakota Street Partition
� ��
COMMENTS:
Tree Plan copies are sent to supplement the Land Use Permit Application delivered on April 17, 2007.
Please notify us if you have related questions. Thank you.
.L__--;�
Signed:
Randall L. Leonard
City Of Tigard, Oregon � 13125 SW Hall Blvd. • Tigard, OR 97223
May 17, 2007
��
�
�
Randall Leonard
DL Design Group, Inc.
9045 SW Barbur Blvd., #101
' � 1
Pordand, OR 97219
RE: Completeness Review-Berg Partirion
Case File No. MLP2007-00010,VAR2007-00016
Dear Mr. Leonard:
The City has received your application for Minor Land Partition (MLP2007-00010) and
Variance (VAR2007-00016). Staff has determuied yout application to be incomplete. The
following is necessary so that your application can be deemed complete.
• Include on the site plan: permitted building envelope;existing house;proposed
driveways;visual clearance triangle on each driveway;existing trees; tree protection
fencing; and street trees. V
• Respond with facts and findings to approval criteria in the following chapters:
�18.370; 18.705; 18.745; 18.790; 18.795 and 18.81�0. The xesponses submitted are not
sufficient for review.
• Items on the Public Facility Plan Checklist (see enclosure).
Please submit the above items at one time included in three new copies of the entire
application packet.
The review pxocess will begin upon completeness and takes an average of 6 weeks,but may
take longex particulaxly duriug the spring. Please be aware that staff has not reviewed the
applicarion for compliance with the code and may request addirional items during the review
period.
If you have any questions,please contact me at (503) 718-2712. Thank you.
Sincerely, '
�
Emily Eng
Assistant Planner
Enclosure: Public Facility Plan Checklist
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
�
LAHD USE APPi.I�AI ��� Project: �� ' � U C� l — UU� 1 �
Date: S �( ���
1
C��IPLETEHESS REYiEVl1 ❑ COMPLETE �INCOMPLETE
,'v��,.-f--1, r,< � � . �r - _
�J� {'�.� �,e/�eL-t ,.,
STANDARD INFORMATION: / �J
❑ DeedlTide/Proof Of Ownership � Neighborhood Mtg.Affidavits,Minutes, List Of Attendees� Impact Study (18.390)
� USA Service Provider Letter � � #Sets Qf Application MaterialslPlans
Pre-Application Conference Notes ❑ Envelopes With Postage(Verify Count)
€GT&��
�_Buildin�c_Foo rintSize��(��,L.,, �-��.���+?+'A�-n� c;rA �--_��
❑ Lot Square Footage — ite
pLA�1S�IMENSIAl+iEp:
� Building Foo�rint `� ❑ �
t le
.l -�
� ❑ Visual Clearance Triangle Shown. _
�._._ ;
ADDRIONAL PLANS:
Vicinity Map �--:Acski�es#�ak�n ,� Tree Inventory
E�dsting Conditions Plan [��aa�p�.R�an '�"����-m�� �*
Site�PT2�t-� 2C c�S.e n �,,,��,,,,,o�.,� � �r���s.e d d,,.:�.cw��r 'rt�u-Y ���
r.-----...---� -� J r s�.a!? �t�-c-r
TREE PIAN!MITIGATION PLAN: S�'c-e'' �t' f'u` '
� �
� - �.�t ot-r �.��'� � ("�-2�t Ylj • ���'�i�-- �
❑ 'r� s ❑
ADD(TIONAL REPORTS: (list any speaal reports)
❑ ❑
❑ ❑
❑ ❑
RESPONSE TO APPLICABLE CODE SECTIONS:
❑ 18.330�co�d�no�use� ❑ 18.620(Tgard Triangie Design Star�dards) ,� 18.765(OlfSveet Parkingllodding Requiements) —
❑ 18.340(D�c�rs In�rprebtio�) ❑ 18.630(SNashington Square Reg�onal Center} ❑ 18.775(Sensrtive lands Review)
❑ 18.350(P�anned Deve�oprnent) �_18.705�Acces,vE�r� - c.d�s s ❑ 18.780�Sgru�
.�P�i .
1�3�(1{SrteDevebpcn�nt Rev�ew) ❑ 18.710(Acsessory Residenoal Unrtsi . ry�y 1
� cL d�-S 5 Pc�. `� 18.715(Densiry Cort+Pu�tionsl- r� 18 790 f7ree RemovaQ�
p �,a.3�0 Nanance�lAd�en�) -
��J 18.380(Zoning MaptText Amendmen�) U"'��``'❑ 18.720 n Com o Standards
(�i P��►r ) :-�_18 795�v�ual ciearanoe areas) �
❑ 18.385(Mscei�aneau Permirs) ❑ 18.725(Envuonnmental Perfomiance Standards) ❑ 18.791{Water Resouroes(WR)Overlay D�strict)
'� 18.390(Dedsion Making Procedures�lmpad SNdy) - ❑ 18.730(Excep6ons To Devebpment Standards) ❑ 18.79$
.410(Lot Line Ad Unents M���ss Communica0on Fadlioes)
lus ) ❑ 18.740(Historic Over�aY) ���t$8TD(Street 8 UWiry Improvemenl Standa
; —_ _._��
18.420(iarwPar�ns�- a�-1�i-��s e:�. �-�+�'���] 18.742 . --
_ -. . __
, —__Pgtrri-i5) .+.� dd�r!
��—'f8:43Q�5u�6dni�s�ons) .745 Landsca 3 Saeenin a -�u ��-�'x�'•�•
� 18.51 O(Residen0al Zoning Distrids) — 18.750(Manufac�redlMobilT�ane u )
❑ 18.520(Commerda�Zonug Damcts) ❑ 18.755(Maed 5ofie waste�Recycbng Storage)
❑ 18.530 pndustrial Zonirg Dstnc�) ❑ 18.760(Nonwniorming Situaoons)
ADDITIONAL ITEMS:
1:lcurpin\masterslrevised\land use application completeness review.dot REVISED: 17-Ja�-oi
_ �
• ..
PUBLlC FACILITY PLAN Projecf: ,p Partition
COMPLETENESS CHECKUST Date: 5/9/07
GRADING
� Existin and ro osed contours shown.
❑ Are there radin im acts on ad�acent arcels?
� Ad�acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
� Ri ht-of-wa clearl shown.
❑ Centerline of street s cleari shown. Label this on North Dakota �
� Street name s shown.
� Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown. Provide rofile for Ellson
❑ Future Street Plan: Must show street profiles, topo Provide profile for future extension of Ellson
on adjacent parcel(s), etc. (use profile provided with Stonechase if
available
❑ Traffic Im act and/or Access Re ort
❑ Street rades com liant?
❑ Street/ROW widths dimensioned and appropriate? Must dedicate Row along North Dakota to
rovide 29 feef from centerline ,
❑ Private Streets? Less than 6 lots and width
a ro riate?
❑ Other:
SANITARY SEWER ISSUES
❑ Existing/proposed lines shown. If existing home is on septic if must be
decomissioned and the home connected to
the public sewer system prior to issuance of
buildin ermits for new arcels.
� Stubs to ad�acent arcels re uired/shown?
WATER ISSUES
❑ Existin / ro osed lines w/ sizes noted? Note size
� Existin / ro osed fire h drants shown?
❑ Pro osed meter location and size shown? Nofe t ical size
❑ Pro osed fire rotection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
� Existin / ro osed lines shown?
❑ Preliminary sizing calcs for water quality/detention
rovided?
❑ Water ualit /detention 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?
REVISED: 05/09/07
.
The submittal is her by deemed � COMPLETE � INC� .'LETE
By: Date: 5/9/07
REVISED: 05/09/07
T � �
i
. ,'� �•_� ' •,, , ;
�
DESIGN GROUP INC.
. TRANSMITTAL
9045 SW Barbur Boulevard, #?01
Portland, Oregon 97219-4036
(503) 225-1679
Fax: (503) 246-2094
E-mail: ran@dleng.nef
To: Emily Eng, Asst. Planner Date: June 12, 2007
Community Development, Planning Division Project: Berg Partition, SW North Dakota St.
13125 SW Hall Blvd. Reference: Land Use Application, Resubmittal
Tigard, OR 97223
DLENG# BER001
From Ran Leonard Case/File# MLP2007-00010; VAR2007-00016
Transmitting: Via: For Your:
Q Attached ❑ Mail 0 Review& Reply
O Separate Cover 0 Personal Delivery ❑ As Requested
_Number of Pages Including Cover ❑ UPS O Information/File
Co ies Descri tion
3 Land Use Permit A lication—Ori inal Form with 3 co ies
3 �ri inal Documents as rovided in last transmittal
3 Tree Surve included in each acket
3 Prelim. Dw . Set, Full-Size Site Plan, Prelim. Plat, Gradin , Utilit Plan, others
3 Nei hborhood Meetin Notice, Attachments, Handouts, Affidavit of Mailin & Postin , etc.
3 Pre-A lication Conference Notes, En ineerin and Plannin
3 E-Mail Res onse re ardin Restrictive Covenant for Fronta e Im rovements
3 Basic Submittal Re uirements, Checklist
COMMENTS:
Resubmitted application packages. Please notify us concerning your review findings and completion
status.
`_.___. n
i ,{/
Signed: —�� r-�J.-.�,��
Randall L. Leonard
- ��1,.�����'�
�` �R 1 7 2007
, �:�i Y OF i iGAAO
� _. . ,
P�ANNIN�IF(�1GiNEERiNG
DESIGN GROUP INC.
TRANSMITTAL
9045 SW Barbur Boulevard, #901
Portland, Oregon 97219-4036 ' - � '
(503) 225-1679
Fax: (503) 246-2094
E-mail:ran@dleng.net
To: Emily Eng, Asst. Planner Date: April 17, 2007
Community Development, Planning Div. Project: Berg Partition, SW North Dakota St.
City of Tigard Reference: Land Use Application
13125 SW Hall Blvd.
Tigard, OR 97223 DLENG# BER001
From Randall Leonard Case/File# Not currently assigned
Transmitting: Via: For Your:
C�1 Attached O Mail I� Review& Reply
O Separate Cover � Delivery(by client) 0 As Requested
_Number of Pages Including Cover � UPS O Information/File
Co ies Descri tion
1 + 3 Land Use Permit A lication—Ori inal Form with 3 co ies
1 Land Use Fee $3,650 Partition; a able to Cit of Ti ard
3 Prelim. Dw . Set, Full-Size Site Plan, Prelim. Plat, Gradin , Utilit Plan, others
3 Nei hborhood Meetin Notice, Attachments, Handouts, AfFidavit of Mailin & Postin etc.
3 Pre-A lication Conference Notes, En ineerin and Plannin
3 E-Mail Res onse re ardin Restrictive Covenant for Fronta e Im rovements
3 Basic Submittal Re uirements, Checklist
COMMENTS:
Please notify us concerninq your initial review findinqs. As noted on the Application, this project requires
an administrative hardship variance as identified in the narrative description. Also, we are awaitinq the
Tree Survey, which will be submitted as soon as available to supplement this submittal.
Signed: ��C ��-
Randall L. Leonard
_�
i �,
DESIGN GROUP INC.
��` �_��s�� ���,
TRANSMITTAL
9045 SW Barbur Boulevard, #101
Portland, Oregon 97219-4036 �
(503) 225-1679
Fax: (503) 246-2094
E-mail:ran@dleng.net
To: Emily Eng, Asst. Planner Date: June 15, 2007
Community Development, Planning Division Project: Berg Partition, SW North Dakota St.
13125 SW Hall Blvd. Reference: Land Use Application, Resubmittal
Tigard, OR 97223
DLENG# BER001
From Ran Leonard Case/File# MLP2007-00010; VAR2007-00016
Transmitting: Via: For Your:
Q Attached O Mail O Review& Reply
� Separate Cover 0 Personal Delivery 0 As Requested
_ Number of Pages Including Cover D UPS � Information/File
Co ies Descri tion
3 Pa e 4, Narrative Descri tion corrected text
3 Pa e 8, Narrative Descri tion corrected text
3 Pa e 9, Narrative Descri tion corrected text
COMMENTS:
Please replace paqe 4 of the narrative description with the amended page(attached)showing corrected
meetinq dates and headings? Similarly, paqes 8 and 9 listed incorrect sections within cited headings.
Replacement paqes are included for each of the three provided copies. Thank you.
Signed: �vwt_
Ran�fall L. Leonard
- �:��
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
June 2�, ?oo�
��
.
Randall Leonard �
DL Design Group, Inc.
9045 SW Barbur Blvd., #101 ` ' /
Pordand, OR 97219
RE: Completeness Review-Berg Parririon
Case File No. MLP2007-00010,VAR2007-00016
Dear Mr. Leonard:
The City has received your submittals for Minor Land Partition (MLP2007-00010) and
Variance (VAR2007-00016). Staff has determined your application to be substantively
complete. The following is necessary so that your application can be deemed complete:
• Three (3) copies of complete application packet,including full size plans.
• Four (4) sets of full set plans only.
• Six (6) sets of reduced 11 x 17 plans only.
• Two (2) sets of business-size envelopes with labels affiYed and first-class stamps (not
metered).
The review process will begin upon completeness and takes an average of 6 weeks, but may
take up to 8 weeks. Please be aware that staff has not reviewed the application for
compliance with the code and may request additional items during the review period.
If you have any questions,please contact me at (503) 718-2712. Thank you.
Sincerely,
�%�`'�
Emily ng
Assistant Planner
�
Phone: 503.639.4171 • Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
1
\ ��t ;�i�r�-M_� �
'� LETTER OF TR.ANSMITTAL
� FOR COMPLETENESS
�
PLANNING/ENGINEERING DIVISIONS
' ' � I
When submitting documents to complete a DATE STAMP:
land use application, the Applicant shall
provide a copy of the Incompleteness Letter
and the Public Facility Completeness
Checklist along with materials addressing
all of the elements listed.
DO NOT SUBMIT ITEMS FOR COMPLETENESS
UNTIL ALL REQUIRED ITEMS CAN BE SUBMITTED
AT ONE TIME.
TO: C� �n
,
FROM: -� �- �.�
PHONE NUMBER
x�: '�.� �' c.=— /�L �� z��7�� �v
(Case number and project name must be included)
COMMENTS:
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DESIGN GROUP INC.
TRANSMITTAL
9045 SW Barbur Boulevard, #101
Portland, Oregon 97219
(503) 225-1679
Fax: (503) 246-2094
To: . Dave Ber� Date: July 19, 2007
Project: SW Dakota
DLENG#: BER001
From Gary Darling Case/File#:
Transmitting: Via: For Your:
�Attached O Mail OReview&Comment
O Separate Cover O Rose City Messenger Service ❑ As Requested
❑ Number of Pages Including Cover � Picked up by: Dave Berg ❑ Information/File
Co ies Descri tion
3 Com lete a lication ackets with full size set of lans
4 Full size sets of lans
6 11 x 17 sets of lans
2 Sets of business size envelo es with labels and stam s affixed
COMMENTS:
Signed:
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PUBLlC FAClLITY PLAN Project: L _,�q Parfition
COMPLETENESS CHECKLIST Date: 5/9/07
GRADING
� Existin and ro osed contours shown.
❑ Are there radin impacts on ad�acent arcels?
� Ad�acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
Ri ht-of-wa clearl shown.
Centerline of street s clearl shown. Labe!this on North Dakota
Street name s shown.
� Existin / ro osed curb or ed e of avement shown.
Street rofiles shown. Provide rofile for Ellson
Future Street Plan: Must show street profiles, topo Provide profile for future extension of Ellson
on adjacent parcel(s), etc. (use profile provided with Stonechase if
available
❑ Traffic Im act and/or Access Re ort
Street rades com liant?
StreeUROW widths dimensioned and appropriate? Must dedicate Row along North Dakota to
rovide 29 feet from centerline
❑ Private Streets? Less than 6 lots and width
a ro riate?
❑ Other:
SANITARY SEWER ISSUES
Existing/proposed lines shown. If existing home is on septic it must be
decomissioned and the home connected to
the public sewer sysfem prior fo issuance of
buildin ermifs for new arcels.
� Stubs to ad�acent arcels re uired/shown?
WATER ISSUES
Existin / ro osed lines w/ sizes noted? Note size
Existin / ro osed fire h drants shown?
Pro osed meter location and size shown? Note t ical size
❑ Pro osed fire protection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
� Existin / ro osed lines shown?
❑ Preliminary sizing calcs for water quality/detention
rovided?
❑ Water ualit /detention 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?
REVISED: 05/09/07
_��
The submittal is hereby deemeu [�OMPLETE � IN��MPLETE
By: / 3��� Date: 5/9/07
REVISED: 05/09/07
1
I
CZty Of Tigard, Oregon • 13125 S�Hall Blvd. • Tigard, OR 97223
��
July 23, 2007 �
' ' �
Gary Darling
DL Design Group, Inc. -
9045 SW Barbur Blvd., #101
Portland, OR 97219
RE: Completeness Review- Berg Partirion
Case File No. MLP2007-00010,VAR2007-00016
Dear Gary:
The City has received your suhmittals for�finor Land Partition (MI.P2007-00001) and
Variance to the Minimum Lot Size (VAR2007-00016). Staff has determuled your application
to be complete as of 7/19/2007.
Staff will now begin the review process,which is expected to take about 8 weeks because of
the current woxk load. Please be aware that we have not reviewed tlie application for
compliance with the relevant code criteria, and may request addirional itcros during the
review period.
If you have any questions, feel free to call me at (503) 718-2712. Thank you.
Sincerely,
l
Emily Eng
Assistant Planner
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 +
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� C1TY OF TIGARD €, �4�d 9�223
LAND USE APPLICATIONS
BASfC SUBMITTAL REQUIREMENTS
This checklist identifies the basic submittal requirements for a land use application.
BASlC INFORMATION:
Completed Master"Land Use Permit" Application with property owner's signature or name of a gent and letter of
/� authorization
Q Title transfer instrument or grant deed
C�'� Written summary of proposal
C� �Narrative demonstrating compfiance with all applicable development standards and approval criteria
(as
specified in the Pre-Application Conference notes)
❑ Two (2} sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject
property. Mailing envel�pes shall be standard legal-size (#10), addressed with 1" x'•4" labels (see envelope
�LAT� submittal requirements). Property owner mailing lists must be prepared by the City for a rninimal fee (see
request for 500' property owner mailing list form). �-��a7�/z�
0 Documentary evidence of Neighborhood Meeting for the following: Site Development Review, Subdivision,
Conditional Use, Sensitive Lands Review, Zone Change, C�mprehensive Plan Amendments.
G3�� Neighborhood Meeting Affidavit of Posting & Mailing Notice, Minutes, Sign-in Sheets
L7 Service Provider Letter �GwS�
C� Impact Study per Section 18.390.040.B.2.(e)
� Copy of the Pre-Application Co�erenc�no�tes � ' � � 7 ...�1
C� Filing Fee(see fee schedule) G/',�� w� (l >4 �`^� °` "`'-`"" J
PL�4NS REQUIRED:
In addition to the above basic information, each type of land use application will require one or more of the following maps
or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (See separate
attachrnentfor detaiks on what information to include on each plan):
m"� Vicinity Map � Preliminary Grading/Erosion Control Ptan
C' Existing Conditions Map C�' Preliminary Utilities Plan
C�" Subdivision Preliminary Plat Map [3� Preliminary Storm Drainage Plan
C9" Preliminary PartitionlLot Line Adjustment Plan ❑ Tree Presenration/Mitigation Plan�-�'^ I� ����'S1
L'l Site Development Plan ❑ Architectural Drawings (elevations &floor plans) Nl�
Q� Landscape Plan ❑ Sign Drawings �N/,4�
C� Public Improvements/Streets Pla ��':'�"'��
�csl�rtc-�i�G C'aut�a,.�'f
NUMBER OF COP{ES REQUtRED•
The City requires multiple copies of submittal materials. The number of copies required depends on the type of review
process. FOR PURPOSES OF REVIEWING YDUR APPLICATION FOR COMPLETENESS, ONLY .3 COPIES ARE
NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU, ONCE DEEMED COMPLETE, TO
MAKE YOUR APPLICATION SUBMITTAL COMPLETE.
h:\patty\masterslapplication submittal requirements.doc
UPDATED: 26-Jun-02
/
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BERG 3-LOT PARTITION
11329 SW North Dakota Street
VARIANCE APPLICATION
VAR2007-00016
Submitted to:
City of Tigard, Oregon
J�t�E 8, 2007
Submitted by:
DL Design Group Inc.
9045 SW Barbur Blvd. Suite 101
Portland, OR 97219
(503) 225-1679
NORTH DAKOTA STREET PARTITION
Variance Application
Introduction
This proposed 3-lot partition is located at 11329 SW North Dakota Street on the north side of the
street, just east of SW 114th Place and at the westerly edge of SW Ellson Lane and SW Forest Lane
in Tigard. The project proposes to retain the existing residence on the frontage lot (lot#1) and create
two new building lots suitable for single-family residences.
The street adjacent to the partition, SW Ellson Lane, would be extended through the property and
provide access to lots #2 and #3. Lots #1 and #2 are each of sufficient size to meet R-4.5 zoning
criteria (min. 7,500 sq. ft.); however, lot#3 would be undersized and would be approx. 6,673 sq. ft.
Code References and Discussion
98.370.090 Variances
A. Purpose. The purpose of fhis section is fo provide standards for the granting of variances from the
applicable zoning requiremenfs of fhis title where if can be shown that, owing to special and unusual
circumstances relafed to a specific property(underline addedj, the lifera!inferpretation of fhe
provisions of the applicable zone would cause an undue or unnecessary hardship, except that no use
variances shall be granted.
Response:
The resultant size of proposed lot#3 as represented on Dwg. C2.2, Tentative Plat is the direct result
of the City of Tigard requiring extension of SW Ellson Lane to the west to promote local street
connectivity. The homeowner's property for parcel #1 involves an established yard area and
represents a pre-existing condition. The remaining developable land on the site is subject to the
corresponding encroachment, and this represents the only reason the minimum loi criteria cannot be
met.
C. Approval process and standards
?. Variances shall be processed by means of a Type ll procedure, as governed by Section
98.390.040, using standards of approval confained in Subsection 2 below.
Response:
This variance request is submitted concurrent with the application. As the proposed partition is
dependent on approval of the undersized lot, the applicant requests joint review and consideration.
2. The Director shal!approve, approve with conditions, or deny an application for a variance based on
finding that the following criteria are satisfied:
a. The proposed variance wi!!not be materially detrimenta!to the purposes of thrs title, fo any other
applicable po/icies and sfandards, and to other propertres in the same zoning drstrict or vicinity;
Response:
We are not aware of any condition that granting this variance would impose on neighboring
properties; or to any related policies, standards, or City zoning criteria. The requested variance is
peculiar and the need is evident based on its own unique circumstances. No further justification would
appear to be required.
1
, b. There are special circumsfances that exist which are peculiar to the !ot size or shape, topography
or other circumstances over which fhe applicanf has no control, and wl�ich are not applicable to ofher
properties in the same zoning disfrict;
Response:
Extension of SW Ellson Lane is established by the alignment of the roadway in the neighboring
property to the east, Stonechase Subdivision. In combination with the narrow width of the subject
property, this constrains and limits street options. The property is not of sufficient width to enable
extension or creation of a driveway extending from SW North Dakota Street, and extension of SW
Ellson Lane as shown represents a reasonable solution. Consequently, we maintain that the
obligation on this parcel clearly justifies granting of a variance to compensate for the area reduction
and resultant undersized lot.
Without the encroachment resulting from SW Eilson Lane street extension, the subject property
proposed for partitioning contains .75 acres or approx. 32,670 sq. ft. of area. This property area is
substantially more than required to accommodate three 7,500 sq. ft. lots. The small area to be
dedicated for the "eyebrow" at the westerly extent of SW Forest Lane would not appreciable impact
this total available area.
The tentative plat(accompanying Dwg. C2.2) represents lot#1 which includes the existing homesite
as 14,148 sq. ft. The remaining developable portion of the property for lots#1 and #2 jointly comprise
approx. 17,230 sq. ft. of area. This area if divided into two lots would apportion one-half of the area to
each, or approx. 8,615 sq. ft.; which well exceeds the minimum 7,500 ft. lot area requirement. This
area would be available for each lot if it weren't for the mandatory street extension.
A conceptual but unrealistic alternative to resolve the lot area limitations would involve dedicating
right-of-way for the extension of SW Ellson Lane within the boundary of lot#3; or partitioning the two
created lots in a manner that would place a portion of lot#3 to the south of SW Ellson Lane. This
would enable meeting the minimum lot area requirement, but it would divide this lot and isolate a
portion of the property in an essentially unusable (ocation.
c. The use proposed will be the same as permifted under this title and City standards will be
maintained to the greatest extenf that is reasonably possible while permitfirlg reasonable economrc
use of the land;
Response:
The existing and proposed use of the property conforms to City's R-4.5 residential zoning criteria,
other than for the proposed lot #3 containing less area than allowed due to the subject street
extension requirement. The economic use of the land would remain unchanged, although density
would increase in accordance with zoning allowances. There is no apparent impact to maintaining
City standards by granting a variance, as the stated purpose provides for this consideration.
d. Existing physica/ and natural systems, such as but not limited to fraffic, drainage, dramatic land
forms or parks will nof be adversely affecfed any more than would occur if the development were
deve/oped as specified in the fifle;
Response:
No physical or natural systems involving traffic, drainage, dramatic land forms or parks would be
adversely affected. The existing natural and physical conditions and at the site would continue with or
without development and partitioning the property would not significantly alter the basic characteristics
of the site.
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e. The hardship is not self-imposed and the variance requested is the minimum variance which would
alleviafe fhe hardship.
Response:
The alignment of SW Ellson Lane represents a pre-established condition that was part of acceptance
of the adjoining subdivision immediately to the east. If this street were positioned slightly farther to the
south, extension of this roadway to the west wouid not result in a lot that is unable to comply with the
minimum lot area. This situation represents a unique consideration related to a narrow strip of land
that, except for this constraining impact, otheNVise meets all the established partition criteria.
Partitioning and developing the subject property is reliant on pre-existing infrastructure, and the lot
limitation is not a contrived or created situation. The hardship that exists is unique to this property, and
the applicant is not seeking any more lots than would otherwise be allowed, or special consideration
other than that necessary to comply with minimum lot area for the subject zoning criteria. The
proposed partition meets code requirements in all other areas, and appears to suitably meet all
criteria for granting a variance.
3
NORTH DAKOTA STREET
3-Lot Partition
LAND DEVELOPMENT APPLICATION
MLP2007-00010 / VAR2007-00016
For Submittal to:
City of Tigard, Oregon
Updated June 8, 2007
Submitted by:
DL Design Group Inc.
9045 SW Barbur Blvd. Suite 101
Portland, OR 97219
(503) 225-1679
- PROJECT INFORMATION
Project Name: North Dakota Street, 3-Lot Partition (Name to be selected later)
Proposed Action: Partition property into 3 lots for development of 2 new single-family
residences. Retain existing home on frontage lot
Tax Lot and Area: Map 1 S 1 34DB, TL 00500
Property Area: 0.75 acre (32,670 sq. ft.)
Site Location: North side of SW North Dakota Street at the western edge of SW Elison Lane
and SW Forest Lane, east of SW 114t'' Place
Site Address: 11329 SW North Dakota Street, Tigard OR 97223
Land Use District: R-4.5 Zoning District, Low-Density Residential
Neighborhood: CPO 4M Metzger
Approval Criteria: City of Tigard, Title 18: Community Development Code
Public Right-of-Way: Minimum allocation, 20% of gross acreage; for Lots 1 — 3, approx. 0.15 acres
Parking Requirement: i��linimum 1 (one) off-street space per dwelling unit
Zoning Density: Min. lot size 7,500 sq. ft. Max. density = 3.48 or 3 units; min. density = 2.79 or
2 units (based on 32,670 sq. ft. lot gross area, minus 20% dedication for public
right-af-way)
Allowances: Request variance for Lot #1 (6,666 sq. ft.) due to SW Ellson Lane extension
requirement and resultant lot encroachment
Sensitive Features: None identified (no wetlands, floodplains, or special areas of consideration)
Applicant: David Berg / Kathy Berg
Applicant's Gary Darling, P.E. / Ran Leonard
Representative; DL Design Group Inc.
9045 SW Barbur Blvd. Suite 101
Portland, OR 97219-4036
Tel. 503-430-7383
Fax 503-430-7377
E-mail: gid@dleng.net
1
- NORTH DAKOTA STREET, LOT PARTITION
Narrative Response
Proposal
The applicant is requesting that the subject 0.75-acre lot be partitioned into three lots. This would
consist of the southerly portion of the original lot as lot#1, plus two created lots on the remainder of
the site. The new parcels would be developed for singie-family detached residential homes, and the
existing single-family residence would be retained on the property (proposed lot#1). All of the parcels
are within an R-4.5 zoning district and subject to development standards identified in Section
18.510.020 and Tabie 18.510.2.
Two of the properties would comply with minimum lot area requirements; however, one property
would not be able to meet this requirement due to required extension of the roadway through the
subject site. Consequently, a variance is submitted (attachment) and approval requested relative to
this imposed condition.
Site Description
The proposed project is located at 11329 SW North Dakota Street at the western edge of SW Ellson
Lane and SW Forest Lane, between SW 114th Place and SW 113th Terrace. The property occupies
0.75 acres or about 32,670 sq. ft. The subject property as well as surrounding land is zoned R-4.5
(low density residential) and consists of primarily single-family homes with some other interspersed
community-related uses.
The property is within the southern portion of the Metzger community within Tigard city limits. Black
Bull and Englewood neighborhood parks are located to the northeast of the site. The property occurs
to the west of a recently completed subdivision named "Stonechase", which includes local streets that
abut the site. According to the current Tigard Transportation System Plan (DKS Associates, 2001)
and Tigard's street classification system, SW North Dakota Street is an east-west Minor Collector.
This street extends through the neighborliood and along the property frontage. Curb and sidewalk
improvements are curr�ntly absent along both the subject property and properties adjacent to the
project, except where recently provided by the adjacent new subdivision. SW North Dakota Street is
represented as a 40-ft. right-of-way along (south of} the approx. 66-ft. wide property frontage.
l-he southernmost property ir�cludes a 1,304 sq. ft. residence constructed in 1955. Several small
scattered broadleaf trees and mixed shrubs occur on the property, and some of this existing
vegetation will necessarily be removed to enable development. The existing wood frame house will be
retained on the site as one of three lots, with the remaining property partitioned into two lots for future
development to occur.
The site is essentially level with only minor elevation differences across the property. Initial site
investigation and formal response from Clean Water Services indicates that no wetlands or
designated wet areas, including watercourses or related sensitive habitat, exist on or near the
property. Presently public utility services are provided to the existing house at the lot frontage, and
these services would be extended to new building sites. Street improvements including curb or
sidewalks are currently absent along the property frontage. Site topography results in natural drainage
flows generally towards the northwest.
Proposed Site Development
The owner proposes to partition the existing lot (minor land partition)to develop two new building sites
suitable for detached single-family residences. The existing residence would remain on the frontage
lot adjacent to (north side of) SW North Dakota Street, and two new lots would be created through
2
- partitioning the northerly portion of the property. No discrete project phases are proposed; however,
once the site is initially developed the builder may construct homes in accordance with market
demand for new homes.
The existing lot accesses existing public utilities in SW North Dakota Street, and these services will
continue to serve lot#1. New lots #2 and #3 will connect to existing utilities in SW Ellson Lane,
immediately to the east of the subject property (see Utility Plan, Dwg. C4.1). Existing and proposed
features including easements, utilities, lot dimensions, and related characteristics are represented on
accompanying drawings.
The present driveway access connecting to SW North Dakota Street is not adequate to provide a
suitable vehicular access for the remaining lots. Consequently access will be via SW North Dakota
Street along the property frontage for lot#1, and from SW Ellson Lane for the other two lots (refer to
accompanying dwgs.).
Existing trees will be retained where feasible with selected trees protected, although it will be
necessary to remove some trees to accommodate site development.
Lot Confiauration
The proposed frontage lot (Lot#1)would contain approx. 15,340 sq. ft., and new lots #2 and #3 would
contain about 7590 and 6,670 sq. ft., respectively. As the minimum lot area in this zoning district is
7,500 sq. ft., a variance will be required to enable partitioniny the northerly lot (lot#3). As previously
noted, the existing house will remain on the site and two new residential properties will be developed.
This will involve relatively minor clearing, as these proposed new lots are presently vacant except for
a few scattered trees and low-growing vegetation.
Lots are anticipated to accommodate two-story, wood frame detached homes with 3-car tandem
garages that will accommodate 2 vehicles plus provide an additional bay. Vehicle parking in
�rive�Nays will be provided to accommodate 2 vehicles. Each residential lot will bP provided with a
yard, fandscapir�g, and amenities to reflect surrounding residence characteristics. Yards, lawns, and
landsc�ping will be selected from approved plant materials per Code Chapter 18.745.
Setbacks and Riqht-of-Way
Tigard zoning requirements for lots require specific setbacks and criteria to be met. These distances
are requirements are addressed later under Chapter 18. 510. Similarly, right-of way dedicatior�s are
described in narrative addressing Chapter 18.810.
Utilities
Public sanitary sewer and storm sewer will be connected to adjacent, existing facilities within the
public rights-of-way. No onsite storm water quality facilities are determined necessary or justifiable,
given the limited development size and very minor utility impact. Such facilities would be out of scale
with the proposed improvements. However, a fee-in-lieu will be paid to offset water quality impacts of
the partition. A letter request accompanies this application, which also provides further clarification
regarding on-site conditions and notes minimal runoff.
Storm drainage across the site is minimal due to relatively flat topography. Given site conditions no
retaining walls will be required to accommodate onsite grading and contouring. Basic utility provisions
will provide for all service needs (water, sanitary sewer, and storm sewer service, etc.)to all lots. Dwg.
C4.1 illustrates a preliminary layout of utilities within the property. All utifity services will be placed
underground in accordance with City requirements.
3
- TIGARD MUNICIPAL CODE
Title 18: Community Development Code
The commentary and description provided in this narrative are developed in response to the Pre-
Application Conference Summary held November 7, 2006, including commentary provided by City of
Tigard staff and the City's provided notes and documentation. Accompanying drawings represent the
proposed lot configuration, utilities layout, and related features.
Chapter 18.370 Variances and Adiustments
Ref: 18.370.010 Variances
In conjunction with the Development Application for partition, an administrative variance will be
required to partition this property as represented. This request is the direct result of a hardship
imposed by the City's requirement to extend SW Ellson Lane across the subject property to provide
connectivity to the west. The resultant effect of this action is to reduce the effective area of the parcel
(lot#1) below that required to meet R-4.5 zoning criteria, or a minimum of 7,500 sq. ft. per parcel.
The Vari�nce Application that accompanies this narrative (see attached} describes specific conditions
relevant to this location and provides justification for acceptance based on unique circumstances
related to partioning this parcel. Extension of the street and subsequent loss of property from the
northerly parcel is the sole reason why the variance is needed.
Chapter 18.390 Decision-Makinq Procedures
Ref: 18.390.020 Description of Decision-Making Procedures
18.390.040 Type II Procedure
This development application is subject to Type II review, ar quasi-jurisdictional permit or action that
contains some discretionary approval criteria by Tigard Planning Divisior�, relative to approval of a
p;oposed 3-lot partition creating two new properties. This application supports this Code chapter, as
��vell as Chapter 18.420.050 (specifically addressed below) to gain approval of the proposed partition.
As required under Section 18.390.Q40, a pre-application rneeting was held on November 7, 2006 at
the Tigard Public Library and the neighborhood meeting �vas held on March 7, 2007. A pre-application
conference for the partition occurred on November 7, ?_Od6 at Tigard City fiail. A subsequent
neighborhood meeting was held on March 14, 2007 at the Tigard City Hall, Red Rock Creek
Conference Room in accordance with code requirements. The applicant's representative has followed
all criteria relative to mailing and public notification, guidelines for informational materials and
handouts, and meeting requirements to ensure public participation policies and objectives were met.
The attachsd submittal presents an initial, preliminary concept plan for the developmen;, and a more
detailed development plan will be prepared and submitted later. The applicant acknowledges that this
Type II application will require a feasibility review before a decision can be reached. Lot partition
intentions will otherwise proceed as described in this chapter.
Chapter 18.420 Land Partitions
Ref: 18.420.030 Approval Process
18.420.040 Application Submittal Requirements
18.420.050 Approval Criteria
This chapter outlines standards and regulations relative to the approval of partition plats, including
submittal requirements and approval criteria relative to this Type II procedure. The provided
preliminary plat and accompanying drawings represent the proposed 3-lot partition and describe its
4
� features and characteristics. Dimensions and alignments, including resultant new lot areas, are shown
on Dwg. C2.2, Tentative Plat. The vacated property area allowing for continuation of SW Ellson Lane
appears between lots #2 and 3. Subsequent final submission requirements are acknowledged relative
to filing and recording the plat.
The lot areas meet established approval criteria, other than lot#3 for which a variance i s sought (see
Chapter 18.370 and accompanying variance application) in accordance with 18.420.050 (A)(7). Lots
front a public right-of-way and lot setbacks comply with the applicable R-4.5 zoning district criteria.
These and other relevant provisions of fhis section are met. Final plat submission and recordation
requirements are acknowledged and will similarly be complied with at appropriate stages.
Chapter 18.510 Residential Zoninq Districts
Ref: 18.510.020 List of Zoning Districts
18.510.030 Uses
18.510.040 Minimum and Maximum Densities
18.510.050 Development Standards
Table 18.510.1, Use Table represents single residential units, detached as a permitted use within the
R-4.5 zone. Minimum density per Section 18.510.040 is established at 80°/a of maximum density and
subject to Chapter 18.715 formula calculations (discussed later).
Development standards for the R-4.5 zone (Table 18.510.2) require a minimum 20-ft. front yard
setback, 15-ft. rear yard and corner lot (facing street) setback, 5-ft. side yard setback, and 20-ft.
garage entrance setback. Maximum building height is limited to 30 ft. and minimum average lot width
must be 50 ft. for detached units with a minimum lot area of 7,500 sq. ft. This is shown as follows:
��7inunuin Setbacks
-Frout yard '0 ft.
- Side facin$ �treet�n
coi7ier�C: tl�rounh lots 15 ft.
- Side yard � 2t.
-Rear yard 15 ft.
- Side or rear yard abutting more
TZSSI'1CTIC2 ZOI71218 Cj1�h71[
-Distauce Ueht-een property line
and ti�ont�f�aar��e -'0 ft.
The proposed development complies with each relevant setback and dimensional requirements and
overall density and lot area requirements, excepting minimum lot area for the northernmost lot. This
lot will not be able to attain the minimum area requirement due to future extension of SW Ellson Lane
across the property (refer to discussion addressing Section 18.370, Variances and Adjustments).
Site development is not required to meet specific maximum lot coverage or minimum landscape
requirements, per R-4.5 zoning criteria. However, landscaping and natural vegetation will be provided
in accordance with Chapters 18.745, 18.765 and 18.705 as required. Density requirements are also
generally met per Chapter 18.715, considering the required lot area reduction for lot#1.
Chapter 18.705 Access. Eqress and Circulation
Ref: 18.705.020 Applicability of Provisions
18.7Q5.030 General provisions (Paragraphs A through I)
5
' Provisions of Chapter 18.705.020 apply to this partition and land development that proposes new
single-family detached residences. The various sections are addressed in order of occurrence within
the Code.
A. Continuinq oblipation of property owner
B. Access plan reQUirements
Access for lot#1 wili continue to be from SW North Dakota Street. Access and egress for lots #2 and
#3 is defined by the adjacent development immediately to the east, and the only practical point of
access available to the site is directly from SW Ellson Lane. This local street connects to SW North
Dakota Street via SW Forest Lane and SW Gallo Avenue, both of which occur within the neighboring
subdivision. Dwg. C5.1, Off-Site Analysis represents adjoining streets and accessways i n relationship
to the proposed development. Other local streets and adjoining neighborhood areas are also
represented on the drawing.
Criteria for the development requires property dedication for right-of-way along SW North Dakota
Street to a distance of 29 ft. from centerline. This condition is represented on the accompanying
plans. Future provision of street signs, traffic control devices, and any other requirements will be
addressed as required.
A 46-ft. width right-of-way dedication is required adjacent to the present street stub for SW Ellson
Lane to allow this street to extend westward through the subject property. Street extension will require
providing 24-ft. pavement width from curb-to-curb, 5-ft. wide concrete sidewalk with curb, 5-ft. planter
strip, and street trees per City requirements. These requirements have been met and are represented
on plans. A Washington County-type street"eyebrow" corner or flared area of pavement is be
provided along the property at the westerly end of SW Forest Lane, as represented on dwgs.
C. Joint access
D. Public street access
E. Curb cuts
No joint access is proposed as part of this pariition or within the development, and all parcels will have
direct access to an existing public street. The southerly parcel (lot#1)will continue to have direct
access to SW Nor±h Dakota Street. The two northerly parcels will front on a continuation {extension)
of SW Ellson Lane, as extension of this street is required by the City.
The raadway to serve the partitioned properties will be an extension of the 24-ft. paved pub{ic street
within a 46-ft. right-of-way. The applicant is proposing to enter into a restrictive covenant for future
street improvements along the SW North Dakota Street frontage, including street trees, at this time.
Both curb and sidewalk will be provided along both sides of the extension of SW Ellson Lane. The
applicant proposes that other required features including appropriate signage be provided via a
restrictive covenant for future improvements meeting City requirements.
Curb cuts are required to be in accordance with Section 18.810.030.N. This requirement will be met
as discussed under Chapter 18.810.
F. Required walkway location
Pedestrian connectivity is provided from the development along the subject property frontage on SW
North Dakota Street, and to the interior lots within the development through continuation of streets in
the adjacent subdivision. No internal circulation within the narrow parcel is either envisioned or
required, other than private driveways.
No private or shared onsite walkways or pathways are proposed for this partition. No attached
housing is proposed that would require walkways. Sidewalks are shown in accordance with, and will
be provided per City requirements. Access to each parcel will be provided along the roadways.
6
' G. Inadequate or hazardous access
No new roadways are proposed with this development, excepting the extension of an existing street.
Access and sight distance for lot#1 will not change. Access and egress for lots #2 and #3 will be
directly to and from public roadways. No hazardous conditions are identified.
A traffic report is not required for addition of the two new residences. Sight distance will not change for
lot#1, and the other lots will not impair traffic on SW Ellson Lane.
H. Access manaqement
1. Access Report.
This proposal is for a 3-lot partition and no new streets are proposed, other than extension of SW
Ellson Lane as previously discussed. Vision triangles are provided on drawings relative to sight
distance. The existing driveway serving lot#1 from SW North Dakota Street (classified as a minor
collector)will not change from its present location and configuration. The adjoining access to the
subdivision immediately to the east is provided by SW Gallo Avenue. This street will be provided a
Washington County-type "eyebrow" corner where it meets SW Forest Lane, as shown on drawings.
2. Driveways.
The new driveways for lots #2 and #3 will occur along the extension of SW Ellson Lane. This street is
a local street and traffic is anticipated to be minimal. No shared access is included within this
proposal, other than existing public streets which are part of the adjacent subdivision. Standards
relevant to distances from intersections and corresponding influence area of intersections are met.
3. Minimum Driveway Spacing along Collector or Arterial.
As represented in the preliminary development plans and discussed herein, no new driveways will
occur along SW North Dakota Street.
4. Minimum Driveway Spacing along Local Street.
Drive�vays for lots #2 and #3 will occur along a local street.(extension of SW Ellson Lane) at the
location sliown, which complies with the 125 ft. local spacing requirement.
I. Minimum access requirements for residential use
Vehicular access and egress must not be less than as specified in Table 18.705.1 for resideniial use,
6 or fewer units. For this proposal, individual lots require a minimum access width of 15 ft. and paved
width of 10 ft. Driveways shown on the site p(an (Dwg. C-2.1) meet ttiis requirement.
Chapter 18.715 Density Computations
The total acreage for the existing tax lot (500) is 0.75 acre. Following the methodology outlined under
Section 18.715.020 (B) and (C), the total lot area (32,670 sq. ft.) minus 20% dedication for public
right-of-way, then divided by the minimum lot size of 7,500 sq. ft. indicates a maximum density of 3.48
units for the subject property. The corresponding minimum density equals 80 percent of this number,
or 2.79 units. The proposed 3 lots correspond to the calculated number of lots allowed for this
development.
No wetlands, floodplain areas, and/or sensitive lands including drainage areas are situated in the
proximity or within the subject property to impact density considerations. The site does not exhibit
geologic characteristics such as steep slopes or other features of potential concern. The property
does not involve residential density transfer to obtain the necessary density, and the proposed
partition complies with standards of the designated zoning district.
Chapter 18.745 Landscaping and Screening Standards
Ref: 18.745.030 General Provisions
7
�- 18.745.040 Street Trees
Proposed street trees are represented on Dwg. C2.1, Site Plan. Other areas to be landscaped include
residential lots along the SW Eilson Lane frontage. Street trees are required for all development
frontoing on a public (or private) street; and street trees to be added when other improvements occur.
Vegetation on lot #1 will continue to be maintained by the property owner of this lot. The developer will
occupy one of the new lots. Vegetation and maintenance of plant materials on lots #2 and #3 will be
the responsibility of the developer until such time as the remaining lot is sold, after which the
purchaser of the lot will assume this responsibility.
Selection and planting of nursery stock will be in accordance with city and code requirements (ANSI
Z60-1) as outlined in 18.745.030.C. Planting will occur incorporating tree sizes required, and at
spacing and designated locations shown to coincide with Section 18.745-040, Paragraphs B and C.
Plantings will comply with the required 20% minimum landscaped or natural vegetation area for
individual lots, which will be landscaped by the developer or owner of each parcel. Existing trees to be
retained will be protected as shown on the Site Plan and in accordance with paragraphs 18.745.030.E
and F. Tree species and proposed protection is addressed in the provided Tree Protection Plan
No existing street trees are proposed to be removed or impacted by the proposed project, and few
overall trees will be removed from the site. New street trees proposed (as represented on the Site
Plan) correspond to required size and spacing requirements.
Ref: 18.745.050 Buffering and Screening
18.745.060 Re-Vegetation
. Adjacent land use and surrounding zoning is also R-4.5, the same as for this property.
Consequently, buffer matrix table and buffer combinations (Tables 18.745.1 and 18.745.2)do not
apply based on zoning compatibility of the subject property with identical use designation (R-4.5
residential) surrounding this property. As the project vicinity consists of all residential zoning, there is
no conflict with adjoining uses. Hawever, in support of buffering and screening objectives, the
developer has indicated that board-on-board perimeter fencing will be provided to separate this
development from neighboring properties
The project coniorms to vision clearance requirements (vision triangles are represented on Dwg.
C2.1). The lats will not be restricted by any sight obscuring landscaping or fencing at the property
entrance, or any other locations that might iir�pair safety ar�d visibilify (also see discussion under
Chapter 18.795).
No re-vegetation is proposed other than for planting of street trees and individual lot landscaping to be
provided by owners. The northerly portion of the subject property has previously been cleared of most
significant vegetation (see Offsite Analysis Plan photo, C5.1).
Chapter 18.765 Off-Street Parking
Ref: 18.745.050 Buffering and Screening
18.745.060 Re-Vegetation
Parking is proposed for each newly partitioned lot, within tandem, two-car garages plus on-driveway
space in front of each garage, totaling four parking spaces per unit. Single-car parking for the retained
house on lot#1 fronting on SW McDonald Street would remain next to the building, as shown on the
site plan. This arrangement complies with the off-street parking requirement specified in Table
18.765.2 for single-family housing units. No parking is proposed along the frontage of lots, either on
8
' SW North Dakota Street or the extension of SW Ellson Lane. All provided parking, including
dimensions and access criteria, will comply with City specifications.
Chapter 18.790 Tree Removal
Ref: 18.745.050 Buffering and Screening
18.745.060 Re-Vegetation
Few trees currently exist on the site, and the majority of these trees warrant preservation. Most of the
trees along the westerly property line will be retained (see Dwg. C2.1)to retain natural features and
provide separation and privacy between this site and adjacent properties.
Two pear trees noted within tax lot#3 are less than the 6-inch caliper, and the arborist has reported
that both are in very poor condition. These will be removed to accommodate site development. Two
cherry trees occur along the property edge appear to be on the neighboring property, but these trees
will be protected.
A Tree Plan has been prepared by an arborist that identifies trees proposed to be removed or
proposed to be protected in accordance with Section 18.790.030.0 of the Code, including proposed
suitable mitigation relative to Section 18.790.060.D. This plan is submitted to the City along with this
application for partition (refer to attached report). Mitigation measures and all planting activities,
including tree selection, will comply with City requirements noted within this section.
Chapter 18.795 Visual Clearance Areas
Ref: 18.745.050 Buffering and Screening
18.745.060 Re-Vegetation
Visual clearance areas are represented on Dwg. C2.1, Site Plan. The entrance to lot#1 will be
retained at its present location and no changes are proposed. As the existing driveway serving this lot
�Nilf remain; any consequent changes involving the other two proposed lots will not affect this current
situation.
No internal roadways or shared driveways are proposed for this partition. Access and egress from SW
Ellson Lane is proposed in a iY�anner that allows adequate sight distance for vehicular traffic enterir�g
the two lots. The entrances to the proposed lots (lots #2 and 3) will be directly off the extension of SW
Ellson I_ane. The street tree pfantings proposed at these locations will not interFere with visibility of
east-west traveling vehicles, which includes post-development conditions following completion of the
property to the west. All plantings will be subject to City approval to assure adequate visibility remains
adequate. No street intersections occur adjacent to this location (refer to Dwg. C5.1).
Chapter 18.810 Street and Utility Improvement Standards
Ref: 18.810.030 Streets
18.810.040 Blocks
18.810.050 Easements
18.810.060 Lots
18.810.070 Sidewalks
18.810.080 Public Use Areas
18.810.090 Sanitary Sewers
18.810.100 Storm Drainage
18.810.110 Bikeways and Pedestrian Pathways
18.810.120 Utilities
�hapter 18.810-030 Streets
9
' A. Improvements
No internal roads or private drives are planned in association with this partition. Existing access exists
from SW North Dakota Street at the frontage of lot#1, and future frontage improvements will be
provided for as previously indicated through a restrictive covenant.
Extension of SW Ellson Lane will be designed in accordance with City of Tigard public street
standards, and dedicated to the public through the platting process. The street will provide a 24-ft.
wide paved surface suitable for local traffic access and circulation with curb and sidewalk and planting
strip, all within a 46-ft. right-of-way. The roadway section appears on Dwg. C2.1, showing a 5-ft. wide
sidewalk with 6-inch curb and 5 '/2-ft. planting strip on each side of the street. Paving and street
construction details (Section A-A, Dwg. C2.1) is shown corresponding to City standards.
An extension consisting of widening the westerly edge of SW Forest Lane will be provided,
culminating in a Washington County-style "eyebrow" on property dedicated to the City by proposed lot
#1. Dimensions and design appear on Dwg. C2.1, Site Plan. Access to lot#1 will remain unchanged,
as previously discussed.
B. Creation of Rights-of-Way
The proposed roadway consisting of extension of SW Ellson Lane will be located within a 46-ft. public
right-of-way dedicated to the City of Tigard. Frontage dedication along lot#1' will occur as
represented on the Site Plan, consisting of property dedication within 30 ft. of street centerline of SW
North Dakota Street, relative to 60-ft. right-of-way width.
C. Creation of Access Easements
No access easements to serve multiple lots are included as part of the proposed property partitioning.
As discussed previously, the driveway for each lot will obtain access directly from a public right-of-
way.
D. Street Location. Width and Grade
E. Minimum riqhts-of-way and street Uridths
The preliminary partition application, site pian, and accompanying drawings were prepared in
accordance with City standards. Street alignments, dimensions, design, and circulation are consistent
with existing patterns in the vicinity and City requirements, including Table 18.810.1, Minimum Widths
for Street Characteristics. Grading will not require any variances or adjustment to these standards.
F. Future Street Plan and Extension of Streets
G. Street Spacing and Access Managernent
H. Street Alignment and Connections
I. Interseciion Angles
No new streets will be created by this partition. SW Ellson Street will be extended in response to the
City's requirements for developing this property. Details are represented on the Site Plan, Dwg. C2.1.
No new street spacing, alignment, connections or intersection angles are involved with or a part of this
proposal.
J. Existina rights-of-way
K. Partial street improvements
L. Culs-de-sacs
10
' Additional right-of-way dedication will occur along SW North Dakota Street in accordance with City
standards to enable a 60-ft. right-of-way. No partial street improvements resulting in a pavement width
of less than 20 feet are proposed. No cul-de-sacs are proposed.
M. Street Names
N. Grades and Curves
O. Curbs, curb cuts, ramps, and drivewav approaches
P. Streets adjacent to railroad riqht-of-way
Street names will be selected in accordance with City/County platting policies. No horizontal curves
are involved relative to street design; however a profile for the extension of SW Ellson Lane is
represented on Dwg. C2.3, which includes a vertical curve. No curb cuts will be involved in extending
SW Ellson Lane or in relation to the existing access along SW North Dakota Street. Neither street is
near or adjacent to a railroad right-of-way.
Q. Access#o arterials and collectors
R. Alleys, public or private
S. Survev monuments
T. Private streets
U. Railroad crossinqs
V. Street signs
W. Mailboxes
Lot #1 abuts NW North Dakota Street, which is classified as a Minor Collector. Access and egress to
this property will not be modified by the proposed partition, and the existing driveway will remain in its
current location and configuration. No through traffic will occur.
No alleys, private streets, or railroad crossings are proposed. Survey monumentation will meet City
requirements prior to recordation. Street signage and suitable mailboxes will be provided as
requirements are identified by the City or other appropriate entities.
X. Traffic siqnais
Y. Street fight standards
Z. Street name siqns
The location of traffic signals will be noted on street plans prior to submission for appr-ovaf. Street
lights will be instal(ed in accordance with City requirements. No intersections are included in the
partition so street name signs will not be required.
AA. Street Sections
BB. Traffic Calmina
CC. Traffic Studv
A street cross-section for SW Ellson Lane is shown on Dwg. C2.1, which corresponds to this section.
Placement will be in accordance with City requirements. Traffic calming or a traffic study is not
deemed necessary for this 3-lot land partition.
18.810.040 Blocks
No blocks will be created by this land partition.
18.810.050 Easements
11
^' Lot #1 utilities will not be affected by land partitioning. Utilities will be connected directly to services
within the public right-of-way for lots#2 and #3.
18.810.06Q Lots
Lot size, width, shape and orientation are appropriate for the project location. Lot#3 req uires a
variance due to encroachment of the extension of SW Ellson Lane across the subject property. This is
further discussed under other headings and in the variance request. Lot frontage requirements are
met, and no through lots are proposed. Lot side lines are perpendicular to streets along each
frontage.
18.810.070 Sidewalks
Sidewalks and planter strips meeting City standards are proposed along each side of SW Ellson
Lane, and shown on Dwg. C2.1. Sidewalk and other �mprovements along SW North Dakota Street are
addressed through a restrictive covenant, per City commentary. Other related improvements or
requirements will be complied with, as directed by the City.
18.810.080 Public Use Areas
No public use or common areas are proposed, and dedication or acquisition procedures do not apply.
18.810.090 Sanitary Sewers
18.810.100 Storm Drainage
18.810.110 Bikeways and Pedestrian Pathways
18.810.120 Utilities
Proposed utility services including water, sanitary sewer, and storm drain appear on Dwg. C4.1, Utility
Plan. These services connect with existing public services within the street right-of-way.
Dwg. C3.1, Grading and Erosion Control Plan illustrates drainage patterns surrounding and across the
subject property. No watercourses or drainageways are located within the project vicinity and no
related easements per section 13.810.100.B are required. Site drainage is predominately toward the
north, in the direction af SW Ellson Lane, excepting lot#3�vhich drains general(y eastwardly.
Property frontage includes a proposed bikeway connector segment (east-west corridor) identified as
North Dakota/Greenburg/Hunziker within Chapter 6 of the City's 2001 Transportation Systems Plan.
No bicycle pathway is currently defined or delineated along the North Dakota Street frontage. This
development will accommodate any designated bicycle corridor identified by the City.
Pedestrian access will be provided along the property frontage as part of improvements provided via a
restrictive covenant. Sidewalks along the proposed extension of SW Ellson Lane will accommodate
pedestrian access and promote connectivity with adjacent parcels.
All utilities are proposed to be located underground. Plans (Dwg. C4.1) show the intended location of
these services. Necessary arrangements and permits will be obtained during the site development
process.
18.810.130 Cash or Bond Required
18.810.140 Monuments
18.810.150 Installation Prerequisite
18.810.160 Installation Conformation
18.810.170 Plan Check
18.810.180 Notice to City
12
:
18.810.190 City Inspection
18.810.200 Engineer's Certification
Cash or bond guarantee and submittal requirements relative to improvements, as well as any required
monument replacement tasks, are acknowledged. Similarly, the requirement for City approvals,
installation conformation, plan check, notification and inspection is acknowledged.
The developer's engineer also will provide written certification on the City's form that all
improvements, workmanship, and materials are in accord with standard engineering and construction
practices.
13
. . . R����i'��D
TIGARD MUNICIPAL CODE '� 1 5 2007
Title 18: Community Development Code -.- ;� ��°,�^�
The commentary and description provided in this narrative are developed in response to the Pre-
Application Conference Summary held November 7, 2006, including commentary provided by City of
Tigard staff and the City's provided notes and documentation. Accompanying drawings represent the
proposed lot configurafion, utilities layout, and related features.
Chapter 18.370 Variances and Adjustments
Ref: 18.370.010 Variances
In conjunction with the Development Application for partition, an administrative variance will be
required to partition this property as represented. This request is the direct result of a hardship
imposed by the City's requirement to extend SW Ellson Lane across the subject property to provide
connectivity to the west. The resultant efFect of this action is to reduce the effective area of the parcel
(lot#1) below that required to meet R-4.5 zoning criteria, or a minimum of 7,500 sq. ft. per parcel.
The Variance Application that accompanies this narrative (see attached) describes specific conditions
relevant to this location and provides justification for acceptance based on unique circumstances
related to partioning this parcel. Extension of the street and subsequent loss of property from the
northerly parcel is the sole reason why the variance is needed.
Chapter 18.390 Decision-Making Procedures
Ref: 18.390.020 Description of Decision-Making Procedures
18.390.040 Type II Procedure
This development application is subject to Type II review, or quasi-jurisdictional permit or action that
contains some discretionary approval criteria by Tigard Planning Division, relative to approval of a
proposed 3-lot partition creating two new properties. This application supports and fulfills the outlined
procedures outlined in Chapter 18.420.040, paragraphs A and B to obtain the land use application
approval for the proposed partition.
As required under Section 18.390.040.A, a pre-application conference for the partition occurred on
November 7, 2006 at Tigard City Hall. A subsequent neighborhood meeting was held on March 7,
2007 at the Tigard City Hall, Red Rock Creek Conference Room in accordance with application
requirements. The applicanYs representative has followed all criteria relative to mailing and public
notification, guidelines for informational materials and handouts, and meeting requirements to ensure
public participation policies and objectives were met.
The attached submittal presents an initial, preliminary concept plan for the development, and a more
detailed development plan will be prepared and submitted later. The applicant acknowledges that this
Type II application will require a feasibility review before a decision can be reached. Lot partition
intentions will otherwise proceed as described in this chapter.
Chapter 18.420 Land Partitions
Ref: 18.420.030 Approval Process
18.420.040 Application Submittal Requirements
18.420.050 Approval Criteria
This chapter outlines standards and regulations relative to the approval of partition plats, including
submittal requirements and approval criteria relative to this Type II procedure. The provided
preliminary plat and accompanying drawings represent the proposed 3-lot partition and describe its
4
:-��=�'x���1�D
. ' ~ . • zoo�
18.745.040 Street Trees
Proposed street trees are represented on Dwg. C2.1, Site Plan. Other areas to be landscaped include
residential lots along the SW Ellson Lane frontage. Street trees are required for all development
fronting on a public (or private) street; and street trees to be added when other improvernents occur.
Vegetation on lot#1 will continue to be maintained by the property owner of this lot. The developer will
occupy one of the new lots. Vegetation and maintenance of plant materials on lots #2 and #3 will be
the responsibility of the developer until such time as the remaining lot is sold, after which the
purchaser of the lot will assume this responsibility.
Selection and planting of nursery stock will be in accordance with city and code requirements (ANSI
. • Z60-1) as outlined in 18.745.030.C. Planting will occur incorporating tree sizes required, and at
spacing and designated locations shown to coincide with Section 18.745-040, Paragraphs B and C.
Plantings will comply with the required 20% minimum landscaped or natural vegetation area for
individual lots, which will be landscaped by the developer or owner of each parcel. Existing trees to be
retained will be protected as shown on the Site Plan and in accordance with paragraphs 18.745.030.E
and F. Tree species and proposed protection is addressed in the provided Tree Protection Plan
No existing street trees are proposed to be removed or impacted by the proposed project, and few
overall trees will be removed from the site. New street trees proposed (as represented on the Site
Plan) correspond to required size and spacing requirements.
Ref: 18.745.050 Buffering and Screening
18.745.060 Re-Vegetation
Adjacent land use and surrounding zoning is also R-4.5, the same as for this property. Consequently,
buffer matrix table and buffer combinations (Tables 18.745.1 and 18.745.2) do not apply based on
zoning compatibility of the subject property with identical use designation (R-4.5 residential)
surrounding this property. As the project vicinity consists of all residential zoning, there is no conflict
with adjoining uses. However, in support of buffering and screening objectives, the developer has
indicated that board-on-board perimeter fencing will be provided to separate this development from
neighboring properties
The project conforms to vision clearance requirements (vision triangles are represented on Dwg.
C2.1). The lots will not be restricted by any sight obscuring landscaping or fencing at the property
entrance, or any other locations that might impair safety and visibility (also see discussion under
Chapter 18.795).
No re-vegetation is proposed other than for planting of street trees and individual lot landscaping to be
provided by owners. The northerly portion of the subject property has previously been cleared of most
significant vegetation (see Offsite Analysis Plan photo, C5.1).
Chapter 18.765 Off-Street Parking
Ref: 18.765.030 General Provisions
18.765.040 General Design Standards
Table 18.765.2 Minimum and Maximum...Parking Requirements
Parking is proposed for each newly partitioned lot, within tandem, two-car garages plus on-driveway
space in front of each garage, totaling four parking spaces per unit. Single-car parking for the retained
house on lot#1 fronting on SW McDonald Street would remain next to the building, as shown on the
site plan. This arrangement complies with the off-street parking requirement specified in Table
18.765.2 for single-family housing units. No parking is proposed along the frontage of lots, either on
8
. y
SW North Dakota Street or the extension of SW Ellson Lane. All provided parking, including
dimensions and access criteria, will comply with City specifications. . ,_� .
�.r��� ���..r '�
Chapter 18.790 Tree Removal "
Ref: 18.79�.010 Purpose 2007
18.790.030 Tree Plan Requirement
Few trees currently exist on the site, and the majority of these trees warrant preservation. Most of the
trees along the westerly property line will be retained (see Dwg. C2.1) to retain natural features and
provide separation and privacy between this site and adjacent properties.
Two pear trees noted within tax lot#3 are less than the 6-inch caliper, and the arborist has reported
that both are in very poor condition. These will be removed to accommodate site development. Two
cherry trees occur along the property edge appear to be on the neighboring property, but these trees
will be protected.
A Tree Plan has been prepared by an arborist that identifies trees proposed to be removed or
proposed to be protected in accordance with Section 18.790.030.0 of the Code, including proposed
suitable mitigation relative to Section 18.790.060.D. This plan is submitted to the City along with this
application for partition {refer to attached report). Mitigation measures and all planting activities,
including tree selection, will comply with City requirements noted within this section.
Chapter 18.795 Visual Clearance Areas
Ref: 18.795.020 Applicability of Provisions
18.795.030 Visual Clearance Requirements
Visual clearance areas are represented on Dwg. C2.1, Site Plan. The entrance to lot#1 will be
retained at its present location and no changes are proposed. As the existing driveway serving this lot
will remain; any consequent changes involving the other two proposed lots will not affect this current
situation.
No internal roadways or shared driveways are proposed for this partition. Access and egress from SW
Ellson Lane is proposed in a manner that allows adequate sight distance for vehicular traffic entering
the two lots. The entrances to the proposed lots (lots #2 and 3)will be directly off the extension of SW
Ellson Lane. The street tree plantings proposed at these locations will not interfere with visibility of
east-west traveling vehicles, which includes post-development conditions following completion of the
property to the west. All plantings will be subject to City approval to assure adequate visibility remains
adequate. No street intersections occur adjacent to this location (refer to Dwg. C5.1).
Chapter 18.810 Street and Utility Improvement Standards
Ref: 18.810.030 Streets
18.810.040 Blocks
18.810.050 Easements
18.810.060 Lots
18.810.070 Sidewalks
18.810.080 Public Use Areas
18.810.090 Sanitary Sewers
18.810.100 Storm Drainage
1$.810.110 Bikeways and Pedestrian Pathways
18.810.120 Utilities
Chapter 18.810-030 Streets
9
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Tit/e:503 67i-0505 Fax:503 643 3746
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PRELIMINARY TITLE REPORT
FOR TITLE INSURANCE
January 23, 2007
Order Number: 06288255-W
Pacific Northwest Title of Oregon, Inc. 2"d SUPPLEMENTAL REPORT
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Attention: Nanette L. Mitchell
Telephone: (503) 350-5005
Reference: Koenig/Berg
Amount Premium
ALTA Owner's Policy(1992) $ 190,000.00 $675.00
Government Service Charge $ 50.00
City Lien Search—City of Tigard $ 35.00
This is a preliminary billing only; a consolidated statement of all charges, credits, and advances, if any in
connection with this order will be provided at closing.
Pacific Northwest Title is prepared to issue on request and on recording of the appropriate documents, a policy or
policies as applied for, with coverages as indicated, based on this preliminary commitment that as of January 12,
2007 at 5:00 p.m. title of the property described herein is vested in:
RONALD M. KOENIG and PEARL D. KOENIG,
as tenants by the entirety
Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy
form. This commitment is preliminary to the issuance of a policy of title insurance and shall become null and void
unless a policy is issued, and the full premium paid.
Description:
See Exhibit A Attached hereto and made a part he�eof
Page 1 of Preliminary Order Number: 06288255-W
SCHEDULE B—CONTINUED
GENERAL EXCEPTIONS:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the public records. Proceedings by a public agency which may
result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records_
2. Any facts, rights, interest, easements or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are
shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. Statutory liens or other liens or encumbrances, or claims thereof, which are not shown by the public records.
SPECIAL EXCEPTIONS:
6. Unpaid taxes for 2003-2004:
Levied Amount : $1,541.79
Balance Owing : $713.34, plus interest and fees, if any
Unpaid taxes for 2004-2005:
Levied Amount : $1,577.53, plus interest and fees, if any
Unpaid taxes for 2005-2006:
Levied Amount : $1,628.27, plus interest and fees, if any
Unpaid taxes for 2006-2007:
Levied Amount : $1,616.05, plus interest and fees, if any
Account No. : 1S134DB-00500
Levy Code : 023.74
Key No. : R269257
7. The herein described premises are within the boundaries of and subject to the statutory powers, including the
power of assessment, of Clean Water Services.
8. City liens, if any, of the City of Tigard. We find none as of October 9, 2006.
9. Rights of the public in and to any portion of the herein described premises lying within the boundaries of
streets, roads or highways.
Page 2 of Preliminary Order Number: D6288255-W
SCHEDULE B—CONTINUED
10. Trust Deed, including the terms and provisions thereof to secure the amount noted below and other amounts
secured thereunder, if any:
Grantor : Ronald M. Koenig and Pearl D. Koenig
Trustee : Transnation Title Company
Beneficiary : CitiFinancial, Inc., a corporation
Dated : May 24, 2001
Recorded : May 30, 2001
Fee No. : 2001050520
Amount : $146,327.00
Loan No. : 203869
11. Requirement that the proposed plat be recorded prior to clvsing. This report is further subject to those
matters which will be disclosed by an examination of the recorded plat and any additional documents
recorded in connection therewith.
NOTE: The following is provided for informational purposes only and will not be shown in the policy to be
issued: We flnd no recorded Deeds or Conveyances of said property in the past 24 months.
NOTE: We find no judgments or Federaf Tax Liens against DAVID BERG.
NOTE: Washington County Ordinance No. 193, recorded May 13, 1977 in Washington County, Oregon,
imposes a tax of$1.00 per$1,000.00 or fraction thereof on the transfer of real property located within
Washington County.
NOTE: Oregon law provides that monetary judgments may become a lien on real property owned by the
judgment debtor. We find no judgments against the vested owners of the herein described property other
than those, if any, listed as a numbered exception above.
If you have any questions regarding this report or your escrow closing please contact Nanette L.
Mitchell at(503) 350-5005, located at 5335 SW Meadows Rd.,#144, Lake Oswego, OR 97035 .
Email address: nanettem@ipnwtor.com
PACIFIC NORTHWEST TITLE OF OREGON, INC.
By
Barbara Blum
Title Officer
Assistant Vice President
BKB:mlj
Page 3 of Preliminary Order Number: 06288255-W
Exhibit A
A portion of the East half of Section 34, Township 1 South, Range 1 West, of the Willamette Meridian, in the City
of Tigard, County of Washington and State of Oregon, described as follows:
BEGINNING 418 feet East of the center of Section 34, Township 1 South, Range 1 West, of the Willamette
Meridian, in the County of Washington and State of Oregon; thence South 30 rods; thence East 66 feet; thence
North 30 rods; thence West 66 feet to the place of beginning.
. . „'� .
,� rt�rE of p+�ooK l
� WfiEN AEt,'URDED MAIL TO �ra�► 1
�[�\{ CITIlIlU1lICII1L. IlIC. I ����^Y --�-''�� A�M
�
1720 8M }S�.L HOVLRV]►Rp ��. �
:l" $E1►VSR'i� OA 97005 �y _
o0unb!*yl. ' 'd�� s�dQ .
p
sr�cE�eovF rHU ur �T�,.._
��r' •� of
,'� L�+.E%�
�� : 2001650520.]
Recf.: 274781 67.00
05130/2A01 30;�3:308w
DEED OF TRUST
And
REQUFST FOR NOTICE�F DEFAULT
i
. �
I
THIS DEED OF T'RtJST ia nude this uth day of May , z0o1 ,�moas the Gttntor,
ROH711.D M 1COSNIO�SARL D RO&NIG
(trcrein'Bomower'?.
TRl1NSN11TlON TITLfi C�OMPANY ���
�Ttus�ee'),ald lht Beneficiary, CITIFTNANCIAL, I23C.
�corporation organized and txisting w�der the laws of Maryland ,wlqse
address i5 3720 3N Et11LL HppLEVARD BBAVERTON OR 97005 (�
�I.CI1dCT").
I BORROWF1t. in consideration of the indeb�edixss herein rxited md the truu herein crated, irnvocably grancs ud
� oonveys to Tnutee,in tnut.with powtt o!sale.the folloa�ng describad Property lpcated in the Cowrcy of
� t�D1.,SHiNGTON CoON'i^[ ,Stuc of Orcgon:
`
A PORTIQN OF THS EAs'T ONB-HALP GF SECPION 34, TOiiN9HSP 1 SO[TfH, RANC38
1 NEST OF Tf� 14ILI.7IMETTS }�RIDIAN, IN THB CIT7C OF TIf3ARD, COONTY OF
(� WASHINGTON AND STAT6 aF ORfiGON, DSSCRIBBD AS POLIqN3:
�V
BBGINNING 41B FEHT EAST OF THE CENTER OF SBCTION 34, TOWNSHIP 1 SOUTH,
� RANGH 1 WEST OF THE WZLI,ANlSTffi l�RIDIAN, ZN THB CITY OF TIGARD, COONTY
� � OF WASHINGTON AND STATE OF OREGON; THfiNCE SOUTH 30 RODS; THSNCB EAST
66 FfiST; THENCE NOR'Is! 30 RODS; TK6?iC6 Wh'ST 66 FfiBT TO Tf� PpINT OF
3 BBGZNNING.
�
�
z{
Ca
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en
� ��
ca =
<'J
PG f"
F=
which has ihc address o! 11329 SW NORTfi DAKOTA ST , TIGARD
Oregon 9�2z3 (hercin'PropertYAddras'):
TOGETHER with all the improvements now or hereafter erected on the propeny, and all P��+P++ts, righu.
Wpurtenaz�ces and renu(subject however to che rights and au[horities givrn herein to l.ender to coUxt and apply such
rents),all of which shall be dee�r�od to be a.�d remain a part of the pro}erty covered by this Deed of Trusr.and a11 of the
foregoing, rognher with said property !or the I�acehold estate it chis Deed of Trus[ is on a Ieasehold?are hereinafta
rcferrat to az the'Propeny';
TO SECURE io L.ender ihe repayment of the indebtedncss evidenced by Borrower's note dated o5/�a/2ooi and
extensions and renewals thereof(herein'Noie"1, in[he principal sum of U.S. S 146,32�.10 ,wi[h interest thereon,
providing for monthly inct:flments of principal and inrera[,with[he balance af the indebtedness,if not sooner paid.due
and payabie on o6/01/2031 ;the payment of all uther surtu,with interest thercon,advarx�ed in xmrdarce hcrcwi[h�o
praxi ihe socurity of�his Dwd of Truu; and the perforn�ance of�he covenants and agroements of Bormwer herei�
rnmairxd.
Borroktir covertat�ts ihat Bortaw•er is Iawfullp xised of the e�a�r hereby conveyt�and lus the righl �o grent and
cunvey lhe Proper.ry.apd that the Prope:ty is unencum6Nred.ex�rp�fur encumbrances of record. fbr�awer covenants that
Borrower a-arrants and will deknd generally the iiUe to the Prapeny against a11 ctaims and demvids, subjai in
en�umbrances nf r000rd.
OR:�1oe-± 3ro9 Oz191a�2(Record�d) Coyy(Hr�achi Copg(CU�toa�r) � � [ pyei��rs
J
M�LD M RA�1I6 PB11ftL KORMTQ 203869 45/" 001
l!N[FORM COVENANT3. Borrower�n r coveearu ard agroe ts fotluw��
1. Payaest of Rintip�l a»d Interw. .,rmwer �r,�ti ��ir wr � a„� the principal ud imcrest
indebtedness n'idenced by the Nae and Istr chuRcc ac pm�•ided in�he 4uie.
2.flro�for'faxa awd ie�ura�cc. Subjar to applicaMe law or a writtrn Waiver by l.ender.BorroWer sAall pav io
L.ender ort the day rtwruhly paYmaus of principal�nd imerest uc payable urder the Nae.until the Nae is g�iQ in tull.a
wm(l+erein'Wnds'1 cqual ta�ne•�welfth of the yearfy tues ud asse�ssmems(includins condominium and pluwed uni�
devdaQmdn u�essmatts, if snyl which rtuy atuin priority over thi�Dedi of Trost,�nd Rnw�w.'�rnts on tbe Praperty, if
aey.plus one-�wdfth of yearly premium isutallmrn�s for ha»rd insuranct,pluc eux-iwclflh o(yeuly pmnium instdlmenta
for rrortgaae inwnnce. i[u�y. a11 ac trasarubiy �ciimatod initiafl�� aid frc>m limc tn time by Lender on the basis of
a�aeatn+ents and biUs ard reasenabte es�imaces themof, Borrower shall cot he obligrted to rtuke such payments of Fwfds
fo Lp�der co the extau tha:Bnrrow�er ny)cGC wch paymrnts to the holdet of a prior rn�ngage or deod of tnut if suct�hofder
is an instinniaut leoder.
If Bortower pays Funds ia l.enicr. ►he Fundx sha11 be held in an inui�ution the deposits or acoounts of whith are
ir►wrnd or gwraoeeed by� Federal or ctate agency(ircludir.g L.rnder if 4ender is such an irutitution). [rnder shatl apply
�F��a D�Y�d�axss.lic�ecme:uc.inxuranee prcmi�ms and����is.Lender may not chargc(or so holding and
applyinE the Fw�ds. analyr.ing caid xrnuni or verifyirtR uxl ccxr�riling said a,ccasmmts and bitls. unleas L.er�der pays
Borsvw+er iMerest on tlx Funds and applicable t�w permi�s Lender�o rtuke xuch a charge.Bonower and[��r�y��
in wri[ing a��he time uf execution pf 1hi�Dced of Trua thaf interez��n the Funds sllall he paid to Borrower,u�d unkss
tuch agTe�arKnt is made or�+plicahle iaw rcquira such inurcs��o be paid,i.rnder shall not be roquired�o p�y Borrower
�ny interat or eamings on the Funds. l.er�der ch�ll gioe to Bcxrower.without charge.an annual accounting of the Funds
showing crcdits md debits to �he Funds and the purpose for which erh debi� to ihe Funds was rr�de. 'R�e pwds ue
Pled�ed u add'nio�ul security(or the sur�saured by this Deed of Truu.
Ef the unount of the Fundx hcld by Lender. wgether with the future monthly im�altmertts of Furds payable p.-ia to
the due dxes of iaxa.asseumrnts. insurance prcmiurt�s ud grourd rcnu, shall exaed the art�ow►requirod m psy s�id
tua, assaunentc. insurance premiumu and ground rems u they fall due. such excas shall be. u Borrower's option,
��r P^�►�W�Y�d to Bnrt»wer or credited to Bort�ovvcr on monthly in.aailmrnts of Funds. ff the amount of�he Funds
held 6y Letder shall nnt be wfficiern�o pay uxes. a,cxssrnrnts, insurarce ptemiums and gtou�d rems as the�,(a(1 due,
Bortuaer s1w11 p�y�o Lender yry amount necessary�o malce up ehe deficiency in ooe or more payrt�e�rcs u Lender may
requirc.
Upon paynKx�t in fWl of all wms senuad by this Deed of Tru,at.I.endcr sha11 prompdy rctwd ro Borrower any Funds
held by t.a�det. 1(wder pangraph 17 hercof the Pmperty is sold or the Property is otherwise acquired by Lender.I.ender
shall s�pply. no later than immediatcly prior ro[he sale of the Property or its acquisition by Lendcr.any Funds held by
i.ander u the time of application u a credi�against�he sums secured by[his Daed of Truu.
�.!►ppt(catioa of Pa}•men�. Unfess applicable law•provides otherwise,all paymaus received by E.aida under the
Nae u�d paragraphs 1 and 2 hereo(sha11 be applied by L.rnder first in paymrnt of amounts payable to Lender by Barrower
under paragraph 2 hereof.�hen to in�eres�payable on the Note,and then w tAe principal of the Note.
4. Prior MortBages and Ueeds of Trust; Cha�,es: Lkas. BoROwer shyl perfortn all of Horrower's obligations
under aay mortgage, deed of tnut or other sacurity agreerrcnt with a lien which has prioriry over this Deed ot Tnnt,
u�cluding Bornoxxr's covenants to make payrtknts when due.Borrower shali pay or caux co be paid alf taxes,u,sessmaKs
snd othcr charges,fines and imposi�ion;atiribmable[o ihe Property which may attain a priority ovex chis Deed of Tnut,
and leauhold payments or grow�d rents,if any.
S. Hazzrd lusurance. Bocmwer shall t:ee�the improvrnients mw exiuing or hereafrer erected oa the Property
inswed against loss by fire,hazards i�luded within the�ertn'extended coverage'.and such other hazards as[.ecda may
eeyuire and in s¢ch amoums and for such periads as i.cnder may require.
7tie insurarce carrier providing ehe insuranoe shall be chosen by Bo�rower subjxt ro appro��al by La�der;provided,
that such approval shalf not bc unreyspnayly withtxld. All insuranr,e poticies aM renewals theroof shall be in a form
acxepwbk to Lender and shall include a stazidud mortgage clauce in favor o!and in a fotm ac..-eptable to L.ender, (.d�der
ahall ha�e the right to hold the policia and rcnewais thereof,subjxt to Uee temu of any mortgage,dted of hust or other
socuriry agreer.xnt with a lien which hu priority over ehis Dood of Trust.
In tht event of toss. Bprrower sha11 give prompt�otice to the inwrance carrier�nA L.mdtt. (..qtder may make proof
of lou if not made promptly by Barrower.
IF the Propeny is abarkfoned by Borrower,or i(Bomower tails co�nd to Lender wi[hin 30 days from the date
notice is mailad by Lender to Borrower that tho insurance carrier o[fers to seetle a claim for insurance benefits, lxnder is
wthocized to collett aad apply the insurance procoods at Lender's option either ta restoration or repair of the Properry or
to the sums securat by this Doed of Trust.
6. Preservatioo and Mrintmance of ProPertY: L.easeholds; Coodomiuiwns; Planned Udt Devdopmtnu.
Borrower sha11 �eep the Property in good repair a��d shatl noi commit waste or pemiit impairment or deterioration of the
Propetty uid shall complp with the provisions of any leax if this Deed of Trus�is on a leauhold. [f chis Dced of Ttust is
on a unit in a condorttinium or a planned unit developmen�.Borrower shall perform all of Borrower's obtiga[ions under the
declaration or covenants crcating or governing the condominium or pla�used urtit deve(epment,the 6y-laws and regulacions
of the condominium or planrxd unit devdopmem,and constitueni documrncs.
7• Proteeti�n of Lender's Soeur{ty. If 9ormwer fails to perfomi the covmants and agreements con[ai�rcd ia this
Ueed of Tnut,vr if any xtion or procxding is commencaJ which materially af(ects Lender's in�erest in the Property,then
Lender, at L.ender's option, upon noiice io Borrower, rray make such appearances. disburx such wms, including
reasonable attorneys' fees, and�ake such action as is nxessary io protect L.ender's imerest. If l.ender required mongage
insucance aa a condition of ma);ing[hc loan secured by�his Deed of Trus�, Borrowcr shall pay the premiums required to
main[ain such insurance in eff��:t un[il such time as ehe requiremem fl�r such insurance termine�es in accordance with
Borrower's and L.ender's wriucn agrremc.�n1 or applicable]aw.
Any artkwnts disbursed by l.�nder pursuant to ihis paragraph 7,with in;eresl thermn,at the Note rate,shall 6ecome
addi�ional indebtralnc��of Bnrtou•er s�cumd hy this Dced of Trust. Uoless BorroNCr a�M L,cnder a�trce to o�her tertns of
payment, such arrwum shall be pa�•abte upon nnticr fmm Letxier �o Borrower reyuesting p�yment [hereof. Noehing
contained in[his puragraph 7 shall rcquirc Lcndcr�o iiuur any expenar or takc any actiun hercunder.
S. Inspec�timi. Ixnder may r,�e�;c or causc m bc n�le fE350fWbIC CMpM upcm arK! ins�tions of!he Propeny.
provided that Lender shall give 8unow�r�wtice prinr�n any such insper�ion specifying rea�neble cauu therefor related to
Lender's imrres�in ihe Pruperty.
iiR:)i09�S �ro4 bziqinel(R*cord�d) Copy(Braach} Copy(CU�tom�r) �
C�� Payr:,d s
1���
�wr�r.�.�--_ _ __
I ^ RON7►i.D M KOQiIG P8Al2L KOENSG 203869 0 2Q01
!.Conde�nn�tbn.'11The procrocds of u�} J or cl�im(or Aama�tc.c_dinxt or cptLCeGuetNial, irt canfm.. .fth c�y
oundertuution or aher taking o(the °ropeny. or part �hcroof. nr for conveyance in lieu ot condeirvwion, arc Aereby
� aui�ned ud shalt be paid�o l.crder,wbject to�he�crnu of an}mongago,deed of►nu�or otl�a saurity rgreenrnt wi¢h i
� lien which!u�prioriiy over this Deod of Tnu�.
1�. ��°�''a � R�% F���ce gY l�nder No! a W�iver. Ex�rn.aioa of[hc timo for paymaN or
modification o!unortizarion of the sums sacu�hy this Deed o(Trust granted by Lerder io any suoceswr in interest of
Bomower shall nnt opente to retease, in any rtunner, the liahility of the original Borrower and Borrower's succasors in
intemst. Ixnder shall not be�quirnd to commence proceedings a�ainst such successor�r refuse ro extad time for payment
or wherwise modify amortiraticm nf the sums serurcd by this peed of Tn�st by srason of any dert�snd made Dy the uriainil
Bomower and Borrower's wccessnrs in intcreu.Any farbearance by Lender in exercising any rigAt or rrnk,dy hereunder,
or aherwise afforded bY apPlicable law,shalt not be a waivcr nf or prexlude the e�tercise of any ukh right or rernedy.
11.Succ�ors�ud,�Si�as guund:Jdnt and Several UabiHh:Co-�iRners. The covwnts ard agramrnts hettin
amtvnnd shall bind.�nd the rightc hereunler shall inurc io,the respec�ive successors ond assigns of Lendtt and Bormwer,
subjai to�hc provisions of paragreph 16 heronf. All cavrnan�s and agrccments of Bortower shall be joim and several.
A�Y����co-signc this Deed of Tn�s�,but doec rxii execute the hote.(a)is co-signing this Deed of Trut�only to
Snn1 ard convey that Barmwer's intcre�t in the 1'mpeny io'frustee undcr the terms of this Doed of Trust, (b) is rot
personally liabtc on the No�e or undcr this Deed of Truci,and 1c1 agre�s tha� Lendcr and any oeh�r gortower hercurder
may agrer eo extenA,modity.[orbear,nr make any o�her accommodations with regard to the�emu of this DeeA of Tnut or
the Note,withoui that Borrowcr's conscnt a.�d withau�rcleasing ihat 8oirowcr or mndi(ying this Deai of Tntu u to thae
8otmwer's imercst in tlx F'ropeny.
]2. I�otiee. Exttpt for any notice required under applicable law to M given in uather myner. (a)my notioe to
Borrower provided for in�his Doed of Trvs+ shall be givrn by deliv�ring i�or hy mailing such no�ice by areified mail
addressod�o Bortowrr at the Pmpeny Addrcss or at such other addrcss u Bormwer rtuy designne by notia io[.enda u
provided hercin,and(b)�ny notice ta L,mder shall be given by certified mail ta Lender's addRSS stated herein or to such
°�her addrcss ns Ixnder►naY desiBnatr by ratia to Hcrtnwer as provi�ed hcrein. Any noticc providad for in�his Doed of
Tn�at shall be deemed to have been given w Bormwer or I.c�Mer ufien given in�he manner design�tod herein.
13.GoverninR I,aw;Severability.The s�a�e and local laws applicable to this Deed of Tnut shall be thc taws of the
jurisdiction in which t1K Property is Iocaied. The[oregoing smter�ce zha11 not limit the applicability of Federal law ro this
Du,d of Trust. tn the event thu any provision or clause of this Dedf of Trust or the Ncue rnn0ic�s with applicable taw,
wch con@ict shall na atTert oiher pro�•isions of this Deed of Trus�or the No�e which can be given effoct wi[hout tbe
contlicting provision,and�o chis enQ che provisions of ehis Deed of Trust arid che Nae are declarcQ to be sevttable.As
�h��n• ��sts"• �eapenses'u�d 'anomeys' fees" include all sums to the eatmt not prohibited by appliwble law or
limited ttercin.
14. Bornower'y Copa•. Borrowv shall be fumished a con(omied cop�•of the Note and of this Dee�of Tnut at the
time of exxu[ion or afler recordazion heroof.
15. Rehabilitatioa Loan Agrcement. Borrower shail fulfill all of Bornnwer's obliguions under any home
rthabilitation,improvement,re�air,or other loan agrerment which Borrower enters irtto with Lerder,I.ender�at I.�dp.�s
option, may rec�uire Borrower to ezecute and deliver to Lznder, in a fornt accep;able to Lender,an assignment of any
rights,claimt or defenses which Borrower rnay have against partia who supply iabor.materials or services in contxction
wich improvmrcn[s made[o[he Property.
16.7tansfer u/tAe property or a g���Inter�st in Hornower. 1f all or any pan uf the Propeny or any interest
in it is sold or crartsfertnd (or if a bencticial imercu in Borrower is sold or cransferred ard gorr���S�y,�� a n�nual
P��)�thoue La�dtt's prior writtrn cons�t. Lender may,at its option. require irtunediate paymem in tull of all wcns
securod by this Deed u(Trusc. However, this option shail not be exercisod by L.erder if ezercise is prohibited by iedera!
law as of the date of tisis Deod of Trust.
!f Laider exercises this option. Lender shall givo 8orrower�wiice of accelention.The notia sha11 provide a period
of not less than 30 days froirt the date the notice is delivered or mailed within which Borrower musi pay all sunu sacured
by this Deod of Trust. If Borrower fails to pay thex sums prior to the expira�ion of this}xriad,Lender may�nvoke any
remodies pertninod by this Deed of Trust without further nmice or Cemand on Horrower.
IVON-UNIFORM COVENANi'S. Borrower and txnder further covenam aed agree as follows:
17. Acceleradon; Ren�ediea. Ezcept as provided in paragraph 16 hereof. upon Borrower's brnch of aay
covenaet or sRr+eement of Bortower in this Deed of Trust, includic�the covenants to pay when due any sums
sacured by this Uced of Trust, Lender prior to scceleration shall gfve�atice to Sornower as prov��ia���Ph
12 6ereof specifyfng: (1) 1he breach; (2)the action required to euc+e such 6reaeh; (3)a date,unt less tfun 10 days
fran the date the notice is maikd to Borruwer,by which such breach must be cund;aed(y tp�t failure to cure
wch bre,eb on or betore tAe date specifled in the nolice may resu11 in acceleratioa ot the sums s�cured by this Deed
of Trns1 rnd sale of the Property. The irotice shall funher infwm Borrower of the right to reinsqte after
�cc��atlon and lhe rE�ht to brin�a mutt acUon to assert the nonexistence of a defaull or eny other defense of
Borrower to aoeeleration and sale.If the breach is not cured on or before tUe date specified in the notIce,Lender,at
Leada's option, may declare all of lhe sums secured by thts D�ed of Trust to be immediately due and payabk
nithoet further Qemand aod msy invoke the power of sale and any othrr remedles permined by applirable law.
I.eoder slull be endtled to collect ap rxa.wnahk costs and ezpences incurrrd io pursuing the remedla provided in
this par4graph 17,including,bu1 nol limited to,reasoaable attornc�s'fea.
If Lender invokcs the power of sple, l,ender shalt exrcute or cause Trustee tu erecute a wrlttm nutice ot the
occurrence uf an nent o(de(auft and of Lender's elartion to cyuse the f'ropert� to be so�d and shall nuse such
nolice to be recordrd in each count� in whtch the H�perf� or somr part ther¢of is lacaled,I.endrr or Truslce shalt
Rive noUce of srle in the m�nner preuribed b� rpplicahtc law tu BorroMer und ro the othrr persnns prescribed b�
applicable law. Afler Ihe lapse oP such tima•az mr} tx reyuirrd hr xppllcabte luw, 'frust�r, witlwut demand un
Borrower,shall snU the Nropert� y�puhlic ructlun to Ihe hiphaxl Aidder at ehe time and placc rnd under the[errtts
designatrd in the nulice oT Ihe wIr in unr or more p�rceL•and in such ordrr aa Tru�lar may detrrmine. Tneslee mav
postpone sale uf rll or rny purcei of the 1'rupert� M puAFic anrtouncemrnl rt the lime rnd pla��r of rny prrviuus��
ached°kd sa�c•l.endrr ur Lendrr's drsiRna•ma� purcha.c thr Proprrtc rt am xslc.
Tnutee slfsll deli�er lo the purchr.rer Tructt�e'c derd c�in«��fnQ thr Prvpert� su wld withuut rn� covenant or
warrrnly,expressed ur implied.The rcritxls in the'PruNee's drrd shall br prima frctr r�idcncr o(thr truth uf the
ststemen�s made tbcreln. 7'ruslet ahall rppls Ihr prucerd.s uf the calr in th�•fulluwlnR urdrr: (r)lu�II rrasonebir
tmt.s rnd expensrs of the�ule, IttcludinK, M1ul not�imitrd lo, rcru�nrAlr'fru.rtcr'a aad ruur��Y' fre�rnd rnsts uf
Ullr evidence: (h) tu YII sums zecurrd b� this Dcad of'E'ru,t: and fcl the rxcax.�, Ff rar. lu tht peruen or per•,unc
te�ell�'mdlled Ihrmlu.
OR 27IUh S 3io0 Origiaal(Record�d) Copy(er�ach) Co (Cuato��z1
PY 1'apc t„�c
Roewi.a r� xos�+ic PBARL RO@IIO �o�e6s os' �oei
1*.llorrow'er'�R{tAt lo Rclmlate.Notv iing Lendcr's xceleruion o(tht wms secun+d by this Da vst
due to 6ortowu'a btrach.Bo:ro.ver shall hsve t�._.�gAt to have any proceedings be�tun by Lmder tn mforce thia_.ed of
Trual dixnntinuod at+u�y�ime prior to ihe earlier to occur of(ii�he fifth day t+efore sale of che Property pursuam to the
pow�er of sate mnuined in this Deed of Tnut or fii)rntry o(a judgmrni en(otcing this Doed of Truu if:(al Borr��►er pays
l.ender a1l wrtu which would he thrn due under [his Deed of Trust and �he Note had no �caleration acumod; (b) i
�t►rrowet cures �II brearhes ot�ny utfkr covmuus or a�raments af Borrower comained in tAis Deed of Trusr, (c1
Bortower pays dl ceaaonable eapenses incu�red by I.cnder ud Trustoe in mforcing ihe rnvmmts aid agreertrcm�of
Bortowa conqinod in this Deod of Tnw,and irs miorcing Lender'c and Trustee's remedia u provided in para`nph 17
hereof. indudint, but tat limited ro. reaconable a�torneys' fers: and (d) Bormwer iakes such �ction u I.ender may
raao�u6ty require to ztsure that ihe lien u[this Deed of Tn�st,Lender's iniercst in�he Properry and Bornowei s obliguion
w pay the sun�s�ecurcd by this Derd ot Ttust shall continue unimpaired. Upon such payr,�rnt and cure by Borrowa,this
Deed of Tnut and the obliga[ions socurod hereby shal{mnain in full foree and effa�u if no xxxla�tion Fud asurred.
19. Asni�meat of Rcnts; Appol�nmeot of Rcrdver; I,ender la PemaaMa. As additional ucuriry hereunda.
Borrower hereby assigru to I,ender the rcnis of the Propeny, providod thai Borrower shalt. prior to aculention under
paragraph 17 hereof or abandonmrn�nf the Proprny,have tho rigM�o rnlla�and retain such r+ents bs they beeome due aad
wr���.
Upm acaleration under para�tnph 17 hereof or ab�ndonment of the Property. L.rnder, in person.�y agau or by
judieially�pointed roceiver shall be rn�iUed io rnier upcm,take poccescion of azd muuge the Pcoperty u�d co cotlec�the
ren[s o!tt�e PropeRy itscluding those pu1 duc. All rents rnllected hy Lender or the raeiver sball be �lied first to
paymau of[he cous of mana�ement of the Property ud rnlloction of rents,including,but rat limitad to,recsiver's foa,
�mnuurm on reoeiver's bonds ard rcasonablc attorneys'feea.�nd�hen a�lu wins secun+d by this Deed of Tnut.l��der
�ad the�aceiver shatl be liable to ucount only for those ronts xtually raei�od.
� 20. Raenveynrce. lipon paymrnt of �ll swns ucurcd by this Daod vf T[usc, L.ender shalt requeu T�uuee ro
� r+eoonvey the Property and shall surtmder this Deed of Tcus�and atl notes evidencing indebtedness secured Dy this Deed of
Tnut to Tnutae. Tnu�ce shatl roconvry che Propecty without warrarny but Lender or Tnistee will callon a rxonveyu�ce
fee and my fees required by public officials in comuction with the payott o(tAe indebtedness savrod 6y this Daed of
Trua. The Tnu�ee will file all appropriate documents with the appropriate public ofRcial�o evidenor the satisfaetion ot
d�e underlyieg indebtedness, and/or reconveyarxe of ihis Doed of Trus�, and/or rcleax of the Lendcr'a interest in the
PiopertY•
21. SubsUtute�ee. In accordac�ce with appliaM1lc law, (.ender may from time to time remove Tnurce and
appoint a wccessor trustx to any Trus�ce appointed hereunder.Wichout conveyan�.-e of�he Property,the sucoesROr tn�stx
shall s��oceed to ill the ti[te,power artd duties mnferted upnn the Trustee herein and Dy applicabie law.
I2.U�e of RopMy.'f�e Prnpeny is not currently usod for agricultural,timber or grazing purposa.
23.AKorneys'Fees.As usad irt this Deed of Tnut and in the Nae, "aztomeys'foa"shall include atsomeys'fees,if
any,which shall be awarded by an appellue coun.
Z4.1Lurdoua Su6stancn.Bornower shall r�c cau�or petmic the presrnoe,use.disposat,storage.or release ot any
� Hazacdous Substances on or in�he Property. Borrowa st�all not do, nor allow anyorx dse to do,arsyching affxting the
' Properry thaz is in violation of any Environmrnial Iaw. '�he proceding two sentences shall not apply ro the presarce,use,
or storage on the Property of small quantitia of Harardous Substances that are generally recogniud to be appropriste to
norn�al residential uses and io rtuintenarce of the Property.
Borrower sball promptly give Lender written notice of any inves�iga[ion,cta�m,dema�id,lawsuit or other action by
a[ty govertumttal or reguluory agency or privaze paz[y involving the Property and any Hazxrdous Substanoe or
Envicannkmal Law of which Bornnwer tus actual laawledge. !f Borruwer leanu.or is notified by any govemmenta:or
regulazory wthoriry, that any ramval or other remodiatioa of any Hazardous Substance affxting the Prope�ty is
tfe�essaty.Bortower shall PromPtjY take all nacessary rar�adial aciions in acmfdance with Emiraunmtai I,�w.
As used in tfus paragraph 24, "Huardous Substanas'are those substarcrs definod u to:ic or ha�rdous subu�
by Environmental I,aw aed �he fotlowing substac�ces: gasoli�. kerosene, other IIammable or toxic parokum products,
coxic pestici3es and herbicides,vola[ile solvents,materiats coneaining azt�es[os or forn�aldehyde,�nd radioac[ive muerials.
As used in this paragraph 24, "Environmental Law'means fe�eral law�and taws of the jurisdiction where the Property is
located that rclate to health,safety or rnvironmental pmtxcion.
REQUFST FUR NOTICE OF DEFAULT
AND FORECLOSIJRE UIYUER SUPERIOR
MORTG?1GES OR DEEDS OF TRUSC
Borrow�tt and L,ender roquest the holder of any mortgage,dced of trust or other ercombru�ce with a lien which has
priority ova this Dxd of Tnist t�give Notice to Lertder,at Lender's address set lonh on page one of this Dced o[Trust,
wit6 a copy to P.O. Box :7170,Baltin»re,MD 21203, of any defeult under the superior encumbrance and oE any sale or
other foraclosure sction.
IN W[TNESS WHEFtEOF,Borrower haz executed this Dead oYJfrus�.
`'1/�f„� /!f �
• -e�,.�.��
f ,
, •1_-s—��.— � . - �•�-•�-'�i
� (' 4 .H�muw.r
STATE OF OREGON. ��S�l��'�C`�� County ss:
On this ,�(� day h�C� , 3p�,t ,personally appeared ihe abnve named
and acknowledged
th:forrRoing instrurtum io be �ll'�'��� � ��oluroary act and deed.
lOffic��l Seal� &�flfG rtIP'� p� e�
My Commissiun c!cpiccs: �\,\ � i'Q).
,w1 �,..,�.�
wnik r„�u:.r.w�
OFFICIAL SEFI
UEBRA L DRZEW{CKI
NOTARY PUBCIC•OREGOtI
CAMMISSIQNNO. A�t0035
M�COMAIISSION FX°tRES►IAP.1,�
OR:�IUn S i;4v Origlasl(R�corded) Copy(8rancn) CoDy(Customer► � Py�c a��r s
�GGaI�D M KO�IO PE71RL lW�tIG ' '
Z03t64 OS' '2001
�, -37'FOR RECON�'EYANCE
7'0 7RUS7EE:
�e uodrndjned ii the Aoider of the note or notes�ccyred by this Deod of Trust.Said oote or nota,co�ed�er+vl�h all
�°��+�ecu�ed by this Deed o!Truu, hwe beGn p�fn tull. You ue haeby diraxed ro wiod aaiQ noce or
mles md thia Daed ef Twt,which arc ddiverod Aereby,and to roconvey, wiNouc wunety.�li the aute noM hdd by
You under;hi�Deed of Tnw to tlu person or persons legally rntitled thueto.
Uatc:
OR Zt�at-s 3ro9 Oriqinal(leaord�A) Copy(�r+�acL) Coyy fCu�taur) _ _,_..------
�SMCS 8dow Thi�Lins Ra�erva0 Fa L�nMr�ry Rec�r� �K 3�S
�
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' a�FjD�4YtT OF MAiI' �/POSTtNG NEEGHBORHC ) MEETIt�� HQT[CE
IMPORTANT NOTICE: THE APPLICANT !S REQUlRED TO MAIL TNE CITI( OF TiGARD A COPY`UF THE
NElGHBQRHOOD MEETING NdTICE THAT PERTAlNS TO THIS AFFIDAYIT AT THE SAME TlME P_ROPERTY
(3WNERS ARE MAELED NO�ICE,TO THE ADDRESS BELOIN: : _
, .{ City of Tigard Pianning Division �,,: , ., , ,,, -: �:;, :
13125 SW Hall Boulevard "
Tigard, QR 97223-8 i 89 , :
IN ADDITION, THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT &'COPIES OF ALL NdTICES AT THE TEME OF APPLICATION:;
MAILING:
I, 111�N�l��� i�/�XSvt�1 being duly sworn, depose and say that on the�day of ���,
20 [�� . I caused to have mail d t each of the�p�rsons on the attached list, a no#ice of a meeting to discuss a proposed
development at(or near) l i��1 ��1 N��R�T t-�- n!� Tf� `�T a copy
of which notice so mailed is attached hereto and made a part of hereof.
1 further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the
date indicated above in the United States Post Qffice located at M�)LTt��D�l�tk BI..V D ,
with postage prepaid thereon.
. � ,
� ��y;�,`
� gnature n the presence of a Notary Public)
POSTING:
I, �.d 1-cv�u�� , do affirm that I am (represent) the party initiating interest in a proposed
r� c� c<< i �Q�, affecting the land located at ( tate the a�roximate focation(s) IF no
addre s(s)and/ t lot(s) currently registered) t(3Z� SC,�I N o r f G.�(c�r{�� �-/r-Fefi
and did on the 2f�T`� d�y of_ t=���K�:*� , 20�_personally post notice indicating that the site may be
proposed for a Dr�O{� � Dar�;�r o�� application, and the time, date and place of a neighborhood meeting to
discuss the proposal.
The sign was posted at_ 1 I 3 29 SC.�� IJoc-f� U�le-�'��- S��r�e�
(state location you posted notice on property)
� �
Signature (In t e presence of a Notary Public)
(TH1S SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STaTE OF �r'�� a�1 )
County of 1,����OIMa�1 ) ss.
Subscribed and sworn/affirmed before me on the � .�"day of t� Y"U�v"'�_, 20� 7 .
"` `���-5���-�.,�.�-.��
OFFICIAL SEAL
D�N��IA H COLE
NOTARY PUBLIC-OREGON
COMti11SS�GN N0.382234 `
MY COMMISSION F�U'I'r?ES JUNE 27,2008 � �
N� Y PUBLIC F OREGON
1VIy Commission Expires: � � Z7 Z�c�
Applicant,please complete the information below:
NAME OF PR�JECT OR PROPOSED DEVELOPMENT:
TYPE OF PROPOSED DEVELOPMENT:
Address or General Location of Subject Property:
Subject Property Tax Map(s)and Lot#(s):
h:Uoginlpatty�mastersWffidavit of mailing-posting neighborhood meeting.doc
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Posting at property, Feb. 20, 2007
11329 SW North Dakota Street, Tigard 97223
DESIGN GROUP INC.
I�4TICE Q� NEfGEiBO�?HD�D MEETING
February 20, 2007
RE: 11329 SW North Dakota Street, Proposed Property Partition
Dear Interested Party:
DL Design Group Inc. represents the owner of a property at 11329 SW North Dakota Street in
Tigard, OR. This property is located north of SW North Dakota Street at the western edge of SW
Elison Lane and SW Forest Lane and east of 5W 114"' Place.
The developer is proposing a 3 lot partition to create lots for two single-family detached homes
at this I�cation. Access to developed lots will be from SW Ellson Lane for the northerly two lots,
and from SW Forest Lane for the southerly lot. Other related improvements will include half-
street irrzprovements to SW North Dakota Street and full-street improvements along SW Ellson
Street �nd SW Forest Street to include underground utility services, addition of curk�, sidewalk
�nd street trees along frontage, landscaping and other related site improvements. A variance
may be required for minimum lot size for the northernmost lot in the partition. The existing house
on tf�e soutf�ernmost lot will be retained.
Prior to applying to the City of Tigard for the necessary land use approvals, I would like to
discuss the prcposal in more detail with the surrounding property owners and residents. You are
invited tu atter�d a meeting on:
Day/ Date: Wednesday, March 7, 2007
L_ocati�n: Tigard City Hall, Red Rock Creek Conference Room
Address: 13125 SW Hall Blvd., Tigard, OR 97223
Telephone: City Hall, 503-639-4171
Time: 6:00 —7:00 p.m.
Please note this will be an informational meeting on preliminar�r plans. These plans may be
alfered prior to the submittal of fhe application to the city.
I fook forward ta more specifically discussing the proposal with you. Please contact me at (503)
225�-1679 or by e-mail at ran@dleng.net if you have any questions.
Sincerely,
�__�����
Ran Leonard
DL Design Group Inc.
Attachments: Project Vicinity Map & Tax Lot Map
Tentative Site Plan
Neighborhood Mtg. Location Map .
Neighborhood Mtg. Information
9045 SW Barbur Boulevard, Suite 101 ♦ Portland, Oregon 97219 ♦ Phone: 503.225.1679 ♦ Fax: 503.246.2094
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VICINITY MAP
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Neighborhood Meeting
for North Dakota Street, Property Partition
Tigard City Hall
Red Rock Creek Conference Room
13125 SW Hall Blvd.
Tigard, OR 97223
Date: Wednesday, March 7, 2007
Time:6:00 — 7:00 p.m.
NEIGHBQRHQQD MEETING INF�RMATI4N
°�� As part of the development review process for most Iand use applications, tl�e City of Tigaxd
. -_r,� -
. reqLUres that developers hold a neighboxhood meeting to notify and discuss with property
::����� oa�ners in the area, their ro osed develo ment. Below are some fre uentl asked uesti n
P P p q y q o s
��"`£ about the neighborhood meeting process.
��t ��
�s�n"'�Y� {'l�.�,
WHAT IS THE PURPOSE OF THIS NEIGHBORHOOD MEETI��G?
The purpose of the meeting is to allow the prospective developex to share with you what they are planning to do.
T'his is your opportunity to become informed of their proposed development and to let them know what issues or
concerns you have in regard to thei�proposal.
WI-iAT HAPPENS AFTER THE NEIGHBORHOOD MEETING� •
After the neighborhood meeting,the prospective developer finalizes their submittal package (often tal�ng into
account citizen concerns) and submits an application to the City. Sometimes it takes a while before the developer's
application is ready to submit, so there could be several months between the neighboYhood meeting and the
submittal of an application.
Once an application is submitted to the Citp, Sta.ff reviews it for completeness. Once an application has been
deeiued complete, the fosmal application review begins. It takes appro�mately 6-8 weeks frorn the time the
application is accepted for a decision to be made. Many types of applications require a public hearing at alhich
citizens are gi�en the opportunity to provide comments or concerns. Property owners within 500 feet will be
notified after a complete application is submitted. They will be pxovided an opportunity to comment. Any appeals
are decided based on the pxovisions of applicable laws and the development code.
WHAT IF THE PROPOSAL PRESENTED AT THE NEIGHBORHOOD MEETII�TG IS NOT WHAT IS
ACTUALLY SUBMITTED?
Applicants are not required to submit exactly what was presented at the neighborhood meeting if it generally
follows the tppe of development proposed. This pxovides for the opportunity to address the neighborhood issues
and address other changes necessitated by the development or staf£ If the pxoject is significantly different, a new
neighboxhood meeting would be required as determined by staff.
HOW DO I KNOW WHAT ISSUES ARE VALID?
A decision is xeviewed based on compliance with the Tigard Development Code. l�evieu�the city's development code to
familia�ztieyour.relf u�it1�zvhat is permitl.ed a�zd u�hat nzay not be per�nitted. A copy of the development code is available for
viewi.ng at the Tigard City Library, on the City's web site at www.ci.tigard.ox.us, ox a copp may be purchased at the
Community Developinent Ser�rices counter. You may also contact city planning staff and ask what the standaYds
are for a specific issue. Be prepared,howevex,that you ma�not LIILE all the standards,but at least you know u�hat
they are. If a development meets the code sta.ndards, it can proceed.
For your assistance, attached is a list compiled of helpfnl questions to ask that may assist you in
determining your position on a particular proposal.
Page 3
�UESTIONS TO ASK OF TYI'ICAL NEIGHSO�R�OOD
�� CONCERl`IS, TO MAKE SU�E YOUR CQIVCERNS ��iF
�.�����^ CONSIDE�ED
;�.� . � The following is a list of quesrions intended to aid you in formulating��oux own quesrions for
�` '` ° �� proposed development in your area. Feel free to ask more ox alter the uestions to address our
�,:rE� �� �.�,�4��"'t�-: q S
� '��'�� own uni ue concerns and interests.
PROCESS
► What applications are you (the developer) applying for? When do you expect to submit the application(s) so
that neighbors can review it? What changes or additions are expected prior to submittal?
� �Jill the decision on the application be made by City Staff,Hearings Officer,Planning Coinmission or City
Council? How long is the pxocess? (timing�
/ At what point in the process are citizens given notice and the opportuniry to provide input?-
► Has a pre-application conference been held with City of Tigaxd staff?
' Have any preliminary requixements been addressed ox have any critical issues been identified?
■ What city planner did you speak with regaYding this project? ('I'his person is benerally the planner assigned
to the land use case and the one to contact for additional information).
STREETS
► Will there be a ttaffic study done? What is the preliminaxp tsaffic impacts anticipated as a res�lt of the
development and how do you propose to mitigate the impacts if necessary?
► �Jhat stseet improvements (including sidewalks) are proposed? �Jhat connections to existing streets are
proposed?
► Are streets proposed to be public or private? What are the proposed street and sidewalk widths?
� What are the emergencp access requirements and what is proposed to meet those requirements?
ZONII�TG AND DENSITY .
► What is the cu�ent zoning? What uses are allowed under this zoning?
► Will there be a re-zone requested by the developer? If STes,to what zone?
► How many units are pxoposed for the development and what is the*ninimunz and rna�imum number of units
allowed in the zone?
DRAINAGE AND WATER �UALITY
► What is your erosion control and dsainage plan? What is the natural slope of the pYOperty? What are the
grading plans?
► Is there a watex quality facility planned within the development and where will it be located? Who will own
and maintain the facility?
TREES AND LANDSCAPING
► �Uhat are the txee removal plans and what is proposed to mitigate for trees removed?
� What are thc landscaping plans? VJ�zat buffexing or fencing is requised and/or pioposed?
ADDITIONAL INFORMATION
/ How do I request more information or a follow-up meeting from/with the applicant?
i:\cuxpin\masteis\neighbozhood meetings\neighborhood meeting infocmation_quesCOns.doc
Page 4
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! AGUON EDWARD J T/BARBARA J BUCHANAN JOHN A&DARLENE S
11095 SW COTTONWOOD LANE 11062 SW 113TH TER
�IGARD, OR 97223 TIGARD,OR 97224
1 S 134 D B-05400 1 S 134AC-02654
ALBERS DEBRA L& CABRERA RUBEN J
TERRANCE L 11220 SW COTTONWOOD LN
11280 SW NORTH DAKOTA ST PORTLAND,OR 97223
TIGARD, OR 97223
1 S134DB-01600 1 S134AC-02618
ANDERSEN CARL H AND CAMPBELL CAROL 0
SHERRILL L 11235 SW WILLOWOOD CT
11180 SW 115TH ST TIGARD,OR 97223
TIGARD,OR 97223
15'134AC-02641 1 S134D6-07600
BECKMAN MARGARET E TRUST CHAN WENG C&
BY MARGARET E BECKMAN TR LEUNG JACQULINE
?1005 S?N COTTONWOOD LN 11222 5�N TORL4ND 5T
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134AC-0264D 1 S 134CA-00106
BELL LARRY E 8 CHOI KIN HUNG&LILY
SUSAN H 11520 SW TIMOTHY PL
11015 SW COTTONWOO�LN TIGARD,OR 97223
TIGARD,OR 97223
'I S 134D6-0'10�0 1 S134D6-03100
BENSON PAMELA G CLARK MARIE M
13500 SW PACIFIC HWY#499 11140 SW NORTH DAKOTA
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134AC-02611 15134D6-01100
BERNARD VIRGINIA E CONNER STEVEN L 8�
11305 5W WILLOW WOOD CT CONNER CONNIE L
TIGARD,OR 97223 11045 SW 114TH PL
TIGARD,OR 97223
1 S 1348 D-08400 � 1 S 134 D B-00300
BICKFORD FRED K&DOROTHY J CORPORATION OF THE
11003 SW 115TH AVE PRESIDING BISHOP/CHURCH OF
TIGARD,OR 97223 JESUS CHRIST OF L D S
50 E NORTH TEMPLE 22ND FL
SALT LAKE CITY,UT 84150
1 S 134AC-02648 1 S 134 BD-D7002
BONACKER GERALD N JEAN E CRABTREE KENNETH L
11060 SW COTTONWOOD LN 11340 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134AC-02619 1 S 134 D B-06500
BROOKS JERRY D&SUSAN P CRAWFORD ROBERT J 8 KRISTA S
11225 SW WILLOW WOOD CT 11311 SW 112TH AVE
TIGARD, OR 97223 TIGARD,OR 97223
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DAVENPORT KEVIN S AND F D NSTRUCTION INC �
KATHLEEN V PO 1577
10980 SW 115TH AVER i N,OR 97075
TIGARD,OR 97223
1S134AC-02658 1S134DB-0610�
DEAN BRADLEY L JR&TONI A FREEMAN DALLAS 8�RICHARD H
11330 SW COTTONWOOD LANE 11230 SW NORTH DAKOTA ST
TIGARD,OR 97223 PORTIAND,OR 97223
1S134DB-07000 15134AC-07500
DELL LINDA L& FU ERIC Z&
CARTALES LARRY S CHEN MINGXIA
11147 SW TORLAND ST 10939 SW 111TH AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S134AC-07700 1S134DB-O8800
DICK TILLIE TRUSTEE GERRITZ BIGGI CUSTOM HONiES LLC
10995 SW 111TH PL 9550 SW BEAVERTON HILLSDALE HWY
TlGARD,O° 9?223 BF,4VFRTON,OR 97�05
1 S134AC-02639 1 34D8-08600
DIERINGER THOMAS J&ANDREA E GER GI CUSTOM HOMES LLC
11025 SW COTTONWOOD LN 9550 4VERTON HILLSDALE HWY
TIGARD,OR 97223 VERTON, 97005
1S1346D-D7018 15134DB-09300
DOOLING P BRYAN III/KRISTA D GE !TZ GI CUSTOM HOMES LLC
12481 SW EDGEWATER CT 9550 EAVERTON HILLSDALE HWY
TIGARD,OR 97223 VERTO ,OR 97005
1 S 134 D B-06400 1 134 D B-D 900 Q .
ENGLE DALE W&SHARON R GE TZ GI CUSTOM HOMES LLC
11287 SW 112TH AVE 9550 EAVERTON HILLSDALE HWY
TIGARD,OR 97223 VERTO , R 97005
1 S 134 D 6-00600 1 S 134D B-09100
FEHRENBACHER REV LIV TRUST G ITZ GI CUSTOM HOMES LLC
BY HELEN J FEHRENBACHER TR 9550 BEAVERTON HILLSDALE HWY
11375 SW NORTH DAKOTA ST B VER OR 97005
TIGARD,OR 97223
1S134DB-07700 1S134D8-08700
FOUR D CONSTRUCTION INC GE ITZ GI CUSTOM HOMES LLC
PO BOX 1577 9550 EAVERTON HILLSDALE HWY
BEAVERTON,OR 97075 AVERTO ,OR 97005
1 134D8-07800 1S 34D$-09400
FO D C STRUCTION INC GER Z GI CUSTOM HOMES LLC
PO B 7 9550 EAVERTON HILLSDALE HWY
AVERTON, R 97075 B VERTO OR 97005
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9550 BEAVERTON HILLSDALE HWY 11492 SW 115TH AVE
AVERT , OR 97�05 TIGARD,OR 97223
1 S 134 DB-09600 1 S 134CA-00525
G ITZ B GI CUSTOM HOMES LLC HILL CHARLES M
9550 BEAVERTON HILLSDALE HWY PATRICIA A
_ ER N,OR 97005 11505 SW MANZANITA
TIGARD,OR 97223
1S 34D8-08900 1S134CA-D0524
GER TZ ' GI CUSTOM HOMES LLC HILL CHARLES MICHAEL 8
9550 EAVERTON HILLSDALE HWY PATRICIA A
B ERTO , OR 97005 11505 SW MANZANITA
TIGARD,OR 97223
1 S 1 4OB-OS'I 00 1 S 134 DB-D 5200
GER Z GGI CUSTOM HOMES LLC HGPKINS DARRELL D SR&DEBOF'cAii
9550 AVERTON HILLSDALE HWY 11240 SW NORTH DAKOTA 5T
R , VER?�N, R 97Q05 TIGARD,OR 9?223
1 S 134AC-02630 1 S 134D6-01802
GODSEY MICHAEL R AND ANtV B HUFFORD ARLY R&ANNETfE J
11115 SW COTTONWOOD LANE 11200 SW 115TH AVE
TIGARD, OR 97223 TIGARD,OR 97223
�S 134 D B-00800 1 S 134D B-0170D
GOETZ HOWARD V HU RD LY R&ANNETTE J
11145 5W 114TH PL 11200 115TH AVE
TIGARD, OR 97223 T F�D, 97223
1 S134AC-02636 1 St 34AC-02652
GOWINS PATRICK L&SANDRA J HUNTER JOHN R BETTY Q �
11055 SW C�TTONWOOD LN 11150 SW COTTON WO00 LN
TIGARD,OR 97223 TIGARD, OR 97223
1 S 134CA-00112 1 S 134AC-02626
GUZMAN-BARNUM ANGELA& HUSEBY JOHN AND
BARNUM CHAD T BARBARA
11155 SW 115TH AVE 11155 SW SOXWOOD CT
PORTLAND,OR 97223 TIGARD,OR 97223
1 S 134AC-02649 1 S 134 D B-01400
HA�STEAD JOHN&CAROL JACYNO JOHN
11070 SW COTTONWOOD LN 7165 SW ASHDALE DR
TIGARD,OR 97223 PORTLAND,OR 97223
1S134AC-02650 1S134D6-05500
HAYNES KENNETH R 8 KELLY D JEFFERS CAROL�
11080 SW COTTONWOOD LRNE MCDONNELL MICHAEL P
TIGAR�, OR 97223 11013 SW 111TH PL
TIGARD,OR 97223
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KALSCH LAWRENCE P LUDDEN CONSTANCE F �
4441 SE WITCH HAZEL RD 11050 SW COTTONWOOD LN
HILLSBORO,OR 97123 TIGARD, OR 97223
1 S134AC-02657 1 S134AC-02628
KARRIGAN ERIN C MALLETT JAMES A&MARGARET
11322 SW COTTONWOOD LN 11135 SW COTTONWOOD LANE
TIGARD,OR 97223 TIGARD,OR 97223
1 S134a6-00500 15134AC-02631
KOENIG RONALD M& PEARL D MARTIN EDWARD III&KATRINA L
11329 SW NORTH DAKOTA 11105 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134AC-02645 1 S 134 D B-02200
KONSTEN ARMIN&HUBERTINA MCDONALD ROBERT E 3 JEANNE L TR
11030 SW COTTONWOOD LN 11475 SW 115TH
TIGARD,OR 97223 TIGARD,OR 97223
1 S 134AC-02644 1 S134D8-013D0
KYLE WILLIAM B 8�SARAH K MEDINA TERESITA DEJESUS&
11020 SW COTTONWOOD LN GARCIA-VARGAS JUAN CARLOS&
TIGARD,OR 97223 GARCIA-VARGAS EVA
11020 5W 115TH AVE
TIGARD,OR 97223
1 S 134 D B-07400 1 S 134AC-02610
LP,FOUNTAIN DALE B& MIETH RICHARD C&BETTY M
LAFOUNTAIN CHARLENE E 11315 SW WILLOW WOOD CT
11202 SW NORTH DAKOTA TIGARD, OR 97223
TIGARD, OR 97223
1 S134CA-00105 1S134DB-09200
LAMM LESTER MOEHRING ASHLEE DEVINA&
1415 SE HARNEY ST JONATHAN LEE
PORTLAND,OR 97202 11055 5W 113TH
TIGARD, OR 97223
1S134AC-02660 1S134AC-02656
LAMONT CHERYL A MULLEN PATRICK&PATRICIA
11338 SW COTTONWOOD LN 11328 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1 S134D6-06600 1 34AC-081 0
LEE CARO�E NIE Y J
11170 SW TORLAND ST , 0
TIGARD,OR 97223
1 S 134AC-02629 1 S 134 D B-08200
LEVINE EUGENE P 8�CHRISTINA R OSTGARD KENNETH E JR&GAYLE I
5720 TOTH PLACE 11098 SW 113TH TER
AGOURA HILLS,CA 91301 TIGARD,OR 97223
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: PARKER TERESA RAE SKIDMORE FAMILY TRUST
11228 SW TORLAND ST BY SKIDMORE ROBERT F b JOANNE E TR
71GARD, OR 97223 11335 SW COTTONWOOD LN
TIGARD,OR 97223
1S�34AC-02653 1S134D8-09500
REYNOLDS ROBERT E& STONECHASE LLC
HESTER JUDITH L 9550 SW BVTN-HLSDL HWY
11218 SW COTTONWOOD LN BEAVERTON,OR 97005
TIGARD,OR 97223
1S134AC-02637 1S134D6-08400
ROOKS JAMES A&RITA R CO-TRS STO C E LLC
1'1045 SW COTTONWOOD LN 9550 VTN-HLSDL HWY
TIGARD,OR 97223 AVERTO , R 97005
1S134AC-02633 1S 34D&08500 -
ROSENBERG RACHEL I& STO C t LLC
GROSS TIMOTHY J 9550 BVTN-HLSDL HWY
?1 QR5 SW COTTONWOOD!N _AVERT ,OR 97Q05
TIGARD,OR 97223
1S134AC-02638 1S134DB-0980
RUTHERFORD KENT N& CARY E M STO C SE LLC
11035 SW COTTONWOUD LN 9550 VTN-HLSDL HWY
TIGARD,OR 97223 AVERTO OR 97005
15134D8-01900 1 134D6-097D0
SCHLEICHARDT JASON L&DANA M ST EC E OWNER OF LOT 9
11500 SW 115TH AVE , p
TIGARD, OR 97223
1S134AC-02651 1S134AC-02627
SCHOPPE ALLENE BONNIE STREIGHT KENNETH L JANET
11110 SW COTTONWOOD LN 11145 SW COTTONWOOD LN
PORTLAND,OR 97223 TIGARD,OR 97223
1S134D6-02400 1S134AC-02646
SCOTT SAM R JR I.IVING TRUST SWEARINGEN LARRY
BY SAM R SCOTT JR TR ROBERTA
11370 SW NORTH DAKOTA ST 11040 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD, OR 97223
1 134DB-02500 1S134AC-07600
SC T SAM JR LIVING TRUST THOMSON LINDA M
BY SA COTT JR TR 10967 SW 111TH PL
1137 ORTH DAKOTA ST TIGARD,OR 97223
T ARD,O 97223
1S134D8-01500 1S134DB-01200
SHORE DARRIN M & THRASHER HAROLD DEE AND
ALLISON JENNIFER A KOVAC LISA THRASHER
11150 SW 115TH AVE 11015 5W 114TH PL
TIGARD,OR 97223 TIGARD,OR 97223
15134AC-02659 1S�34D6-00900
TICER LAURA D WERNER STACEY L 8�MARIL .
11334 SW COTTONWOOD LN 11400 SW N DAKOTA ST
PORTLAND,OR 97223 TIGARD,OR 97223
1S1346D-08300 15134DB-02300
TOLLEF50N DAVID A/DEBRA L WERNER STACEY L&MARIL
11600 SW PENN CT Go FERREL DORIS L LIFE ESTATE
TIGARD,OR 97223 11400 SW NORTH DAKOTA ST
TIGARD,OR 97223
1S134AC-02643 1S134D8-05300
TREBER RICHARD L MARIE H WOLFE DUSTIN
11010 SW COTTONWOOD LN 11260 SW NORTH DAKOTA
TIGARD, OR 97223 TIGARD,OR 97223
1S134AC-02634 1S134AC-02635
TRUNE DENNIS R AND i ARA L WOOD WILLIAM G&MICiiELLE M
11075 SW COTTONWOOD LN 11065 SW COTTONWOOD LN
TIGARQ,OR 97223 TIGARD,OR 97223
1 S 134D8-05600 1 S134D8-06300
TU XIN 8� WYNKOOP DANIEL L&DEBRA K
YUAN CHUNG-CHENG 11245 SW 112TH AVE
11057 SW 111TH PL TIGARD,OR 97223
TIGARD,OR 97223
1 S 134CA-04300 1 S 134AC-02655
VEGA JORGE PLIEGO YOUNT PHILIP R 8�DONNA MAE H
11590 SW NORTH DAKOTA ST 11222 SW COTTONWOOD LN
TIGARD,OR 97223 TIGARD,OR 97223
1S134D6-00700 1S134AC-02620
VIOLETTE LORITTA COLLEEN& ZWINGLI WALTER SCOTT
LOUIS E 11174 SW SUMMER LAKE DR
11175 SW 114TH PL TIGARD,OR 97223
TIGARD,OR 97223
1 S 134AC-07400
WANG CHEN&
LI YANPING
10921 SW 111TH AVE
TIGARD,OR 97223
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1S134D6-02100 � � �/
WASSERMAN ROBERT A i ��r�
19 TANGLIN RD G�����
#04-19 TANGLIN SHOPPING CENTRE �� ���
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,SI 247909 i _
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1 S 134AC-02609 I
WEBER HEIDI K j
11325 SW COTTONWOOD LN � �
TIGARD, OR 97223 �
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1,
,
' Brooks Gaston
3206 Princess
Edinburg, TX 78539
Don 8� Dorothy Erdt
13760 SW 121 st Avenue �
Tigard, OR 97223 .
Ellen Beiistein
14630 SW 139�Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Caok Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilk�
11755 SW 114� Place
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Patricia Keerins
12195 SW 121st Avenue
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
Gretchen Buehner
13249 SW 136� Place
Tigard, OR 97224
f ITV (1C TIrAR�I _ f[1JTRAI IWT[R[fTLfl DARTIGf Ii•\niirnlnlec#�inll�helc\(`IT(`onlrol rinn\ I IDI'1L1TC1'"�• 1'J_AAo��_f1F
Charlie and Larie Stalzer Susan Beilke '
14781 SW Juliet Terrace 11755 SW 114th Place
Tigard, OR 97224 Tigard, OR 97223
Craig Smelter
PO Box 1467
Tualatin, OR 97062
Harold and Ruth Howland
13145 SW Benish
Tigard, OR 97223
Kevin Hogan
14357 SW 133�d Avenue
Tigard, OR 97224
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
CPO 46
Holly Shumway, Chair
14535 SW Woodhue Street
Tigard, OR 97224
Beveriy Froude
12200 SW Bulf Mountain Road
Tigard, OR 97224
Barry Albertson
15445 SW 150�Avenue
Tigard, OR 97224
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B ,
16200 SW Pacific Highway, Suite H242 � � � ��4� ��
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T i g a r d, O R 9 7 2 2 4 ��,{� c?�eJ' r``y
CITY OF TIGARD - WEST INTERESTED PARTIES fnv. I of Il (i:lcurolnlsetuo\labels\CIT West.doc) UPDATED: 12-Dec-06
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DESIGN GROUP INC.
TRANSM f'TTi AL
9045 SW Barbur Boulevard, #901
Port(and, Oregon 97299-4036
(503)225-1679
Fax: (503) 246-2094
E-mail:ran@dleng.nef
To: Ed Miller, CPO-4B Date: March 9, 2007
15336 SW Burqundy St, Project: 11329 SW North Dakota St
Tigard, OR 97224 Tiqard OR 97223
DLENG#: BER001
From: Ran Leonard Case/Fiie#:
Traresmitting: Via: For Your:
Q Attached Q Mail O Review& Comment
O Separate Cover Q Messenger Service O As Requested
_ Number of Pages Including Cover 0 UPS 0 Information/File
Co ies Descri tion
1 ea. Nei hborhood Meetin Minutes and Attendance List, ro osed land artition
COMMENTS:
For your information/files. A copy is also beinq sent to Pat Whitinq CPO-4M
�- -
Signed: ` �.s.-, . ,���
Randall L. Leonard
�
DESIGN GROUP INC.
'fRANSM I'f�'AL
9045 SW Barbur Boulevard, #109
Portland, Oregon 97299-4036 �
(503) 225-1679
Fax: (503) 246-2094
E-mail:ran@dleng.nef
To: Pat Whiting, CPO-4M Date: March 9 2007 �
8122 SW Spruce Project: 11329 SW North Dakota 5t.
Tigard, OR 97223 Tiqard OR 97223
DLENG#: BER001
From: Ran Leonard Case/File#:
Transmitting: Via: For Your:
Q Attached 0 Mail O Review 8� Comment
0 Separate Cover ❑ Messenger Service ❑ As Requested
_ Number of Pages Inciuding Cover ❑ UPS 0 Inforrnation/File
Co ies Descri tion
1 ea. Nei hborhood Meetin Minutes and Attendance List, ro osed land artition
COMMENTS:
For your information/files. A copy is also beinq sent to Ed Miller CPO-4B.
.. �
Signed: � ���-�.a.�,�
Randall L. Leonard
�
_� • ' -
, .
Neighborhood 147eeting Minutes
' � Berg Residential Partition,Tigard
Property Location: 11329 SW North Dakota Street, Tigard, O�; Tax Lot 1 S 1 34DB 00500
Proposal: Partition property into 3 lots for single-farnily residences in R-4.5 district
Date and Time: Wednesday, March 7, 2007, 6:00-7:Q0 p.m.
Location: Tigard City Hall, Red Rock Creek Conference Room, 13125 SW-Hall Blvd.,
Tigard, OR
Presenters: Gary Darling, P.E. and Ran Leonard, DL Desi�m Group Inc.
Openina Remarks:
� Meeting agenda and introduction of attendees; distribute informational handouts
� Review City of Tigard's Neighborhood Meeting purpose and process; opportunity to comment
and participate in decision-making process
� Read the required"Statement of Purpose"document
� Review mailed attachments
� City of Tigard processin� and evaluation of development applications
� Introductory comments regarding proposed partition—purpose and description
General Overview:
� Engineering layout, lot configuration, "eyebrow" encroaclunent, drainage and other site issues
Questions (in Italics) and Provided Responses•
� Why is there a I S ft. cove shown? What is its putpose?It seerns unnecessary.
Response: City engineering wanted a cul-de-sac but is working with us on an acceptable
alternative to provide a compromise that would result in less iinpact to the adjacent property.
There are constraints with an existing carport; however it's still early in the process and worth a
discussion with the City.
� Concern expYessed over site d��aifzage; they will have to build-up the edge of the cove, which will
impact existing drainage. Neighbo��s disagree with this requi��ement's validity.
Response: The City seems firm on this requirement,but it will still result in a si�ificant impact
on existing structures.
� A distance of 14 ft. was agreed upon ea�•lier; why is it now 1 S ft? This would��equir�e m2
addendum to the earlier condition,per landowner-'s undefstanding.
Response: DL had worked with Mike White in Engineering, and he may not have been aware
that there was a pre-existing condition. Perhaps this can be explained and negotiated with Mike
White,but it probably would be difficult to change beyond minor adjustinent. The justification
given was that rather than a whole street width, an"eyebrow"might be acceptable.
� Wlzat does the application process involve?
Response: The City Uasically has 30 days to review/detennine completeness, and Conditions of
�Approval are issued. Missing or modified infonnation is provided per Conditions, and the City
has 6-8 weeks for their review. Prelim.plat approval takes about 13 weeks (concurrent process
with development review). The City has 120 days to approve/disapprove the develo�ment
application; or basically we have 3-4 inonths to satisfy the Conditions of Approval and get the
plat recorded.
1
. � . . - -
� What happens once you get preliminary approval?
• ' Response: We'll need to meet the terms of the issued Conditions of Approval, work with
enb neering on any noted issues, work with building department, etc.to fulfill site development
obj ectives.
� What difference would obtaining a variance[for undeYSi�ed lot#IJ make?
The variance would be responded to during the estimated 6-8 week review period by the City.
To date, preliminary comments and indications seem to support the approval of a variance, since
it's a hardship condition that would be imposed by extending the street through the property.
� Wozcld the new houses be commensurate with the existing neighboi�hood?
Response: Yes. The Berg family{who are the applicant/developer for this partition request) will
be living in one of the units, and they expect the houses to be comparable to others, including
the adjacent Stonechase development(although they won't feature 3-car garages due to space
availability).
Meeting concluded at approx. 7:05 p.m.
Attendees: Engineer(2 persons), Developer(2 persons); four neighbors, including owners of front
lot adjacent to SW North Dakota Street. Total: 8
�
NEIGHBORH40D MEETING ATTENDANCE ROSTER
���N��ry
PROJECT: lI 3 z-� ��� 11��r-f�i 1�����:-`��;�`. �'N�-T'T'O� MEETING DATE: /�d.T l.� 7, Zc�7
PLEA�E Pf�INT LEGIBLY!
NAME MAILING ADDRE55 CITY, STATE ZIP C4DE PHONE #
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City o f Tigard, Oregon 13125 St�Hall Blvd. • Tigar�. R 97223 �
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February 22, 2007 �
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DL Design Group, Inc. ' '° �
Ran Leonard
9045 SW Barbur Blvd. #101
Portland, OR 97219-4036
Dear Ran:
This letter contains important information about your room reservation. Please read this letter in its
entirety.
Your request to use the City of Tigard's Red Rock Creek conference room located in the City Hall at 13125 SW Hall
Blvd is approved. The Red Rock Creek conference room is reserved for the meeting as follows:
Event Date: March 7, 2007 Event Time: 6 to 8 p.m.
Please pick-up the key at the Tigard Police Department Records window located in the City Hall. The Police Dept.
will release the room key no more than 15 minutes before your event start time. The key must be returned to
the Police Dept. no later than the event end time noted above. Please return the key to a Police Dept. staff
member, do not leave the key in the window tray.
The key to the Red Rock Creek conference room opens the outside door in the courtyard area between the Library
and City Hall. Please see the map on the back of this letter. Restrooms are available for use in the Police Dept.
lobby. Meeting participants are to enter and exit Red Rock Creek through the side door. For the meeting
participanYs safety, please make them aware of the proper entrance and exit to the room.
City staff is not available after 5:00 p.m. or on weekends to provide assistance, so clarifying what is available prior
to the meeting will help your event go more smoothly. Please let me know prior to the event date any specific needs
you may have. Police Dept. Staff cannot assist with your reservation requests, other than providing the key.
Projectors and other equipment are not available through the City.
As indicated in the Room Use Policies and Procedures, the City retains the right to cancel or relocate a meeting.
We do our best to keep meeting reservations intact. However, it is sometimes necessary to make changes.
Police Dept. staff is authorized to release the key to the person or people note�+ on the �oom use appli�ation.
Please be sure to list more than one person on the application if there could be someone else picking up the key or
in case of an emergency. I am happy to update the key authorization when requested prior to the meeting.
Please return the room to its original configuration and leave it in an orderly fashion. The City is unable to furnish
cleaning supplies, mops, brooms or vacuum cleaners; therefore, you will need to bring your own. Trash that does
not fit in the cans provided will need to be taken with you.
On behalf of the City, we thank you for complying with these and all other conditions of the room use policy and I
hope you will enjoy using our facility. If you have any questions regarding the reservation, please contact me at
503-718-2474.
Sincerely,
�.�'''%%���/ �1�1 J
Jill Byars
Room Reservation Coordinator
Phone: 503.639.4171 . Fax: 503.684.7297 . wze�w.tigard-or.gov . TTY Relay: 503.684.2772
NEIGHBORHOOD MEETING AGENDA
March 7, 2007; 6:00 — 7:00 p.m.
PROJECT: 11329 SW North Dakota Street, 3-lot partition for residential
development. Property is located east of SW Greenburg Rd. and
south of SW Hall Blvd. in Tigard, OR
MEETING: Tigard City Hall, Red Rock Creek Conference Room
13125 SW Hall Blvd., Tigard, OR 97223
I. Sign-In, Welcome and Opening Remarks
II. Neighbor Introductions
III. Introduction of CPO Vofunteer; Comments
IV. Review of Neighborhood Meeting Information
V. Read Statement of Purpose; Discuss Neighborhood Participation
VI. Distribution of Handouts
VII. Discussion of Project and PUD Development Concept
Engineering Design - Land Use, Access, Utilities
VIII. Alternative Development Options and Consequences
IX. Summary and Conclusions
X. Open Forum - Question and Answer Period
XI. Closing Comments
PROJECT INFORMATION
Project Name: North Dakota Street Lot Partition (designated name to be selected later)
Proposed Action: 3 lot partition to create lots for two new single-family detached homes
Tax Lot and Area: Map 1S 1 34DB, TL 00500 0.75 acres (16,553 sq. ft.)
Site Location: North side of SW North Dakota Street at the western edge of SW Ellson Lane
and SW Forest Lane, east of SW 114th Place
Site Address: 11329 SW North Dakota Street, Tigard OR 97223
Land Use District: R-4.5 Zoning District, Low-Density Residential
Neighborhood: CPO 4M Metzger
Approval Criteria: City of Tigard, Title 18: Community Development Code
Public Right-of-Way: Minimum allocation, 20% of gross acreage; for Lots 1 —3, approx. 0.15 acres
Parking Requirement: Minimum 1 (one) off-street space per dwelling unit
Zoning Density: Min. lot size 7,500 sq. ft. Max. density = 3.48 or 3 units; min. density = 2.79 or
2 units (based on 32,670 sq. ft. {ot (gross area) minus 20% dedication for pubfic
right-of-way)
Allowances: Request variance for Lot#1 (6,666 sq.ft.) due to SW Ellson Lane extension
requirement/ resultant lot encroachment
Sensitive Features: None identified (no wetlands, floodplains, or special areas of consideration)
Applicant: D. Berg / K. Berg
ApplicanYs Gary Darling, P.E. / Ran Leonard
Representative: DL Design Group Inc.
9045 SW Barbur Blvd. Suite 101
Portland, OR 97219-4036
Tel. 503-430-7383
Fax 503-430-7377
E-mail: gid@dleng.net
City Contact: City of Tigard, Community Development
Planning Division
13125 SW Hall Blvd.
Tigard, OR 97223
Tel. 503-639-4171
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BER001 11329 SW North Dakota Street, Tigard 97223
Tax Lot 500
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BERG 3-LOT PARTITION
11329 SW North Dakota Street
IMPACT S�UDY
Submitted to:
City of Tigard, Oregon
APRIL 16, 2007
Submitted by:
DL Design Graup Inc.
9045 SW Barbur Blvd. Suite 101
Portland, OR 97219
(503) 225-1679
t " .
NORTH DAKOTA STREET PARTITION
� Impact Study
Introduction
This proposed 3-lot partition is located on the north side of SW North Dakota Streetjust east of SW
114th Place and at the westerly edge of SW Ellson Lane and SW Forest Lane in Tigard. The property
occupies 0.75 acre (about 32,670 sq. ft.) within an R-4.5 (low density) residential zone. Surrounding
properties are similarly zoned R-4.5 and consist of mixed residential use (single-family homes and
apartments)with some interspersed commercial properties. This project proposes to retain the
existing residence on the frontage lot (lot#1) and create two new building lots suitable for single-
family residences. The street adjacent to the partition, SW Ellson Lane, would be extended through
the property and provide access to lots #2 and #3. Municipal utility services are available and existing
services would be extended to serve the property.
The property is presently occupied by a one-level, wood-frame single-family residence originally
constructed in 1955 and some misc. outbuildings in the backyard. Preliminary investigation indicates
that no wetlands or designated wet areas, including watercourses or related sensitive habitat, exist on
or near the property. Follow-up confirmation received from CleanWater Services confirms that...
"sensitive areas do not appear to exist on site or within 200` of the site". The accompanying narrative
addresses municipal code-related issues relative to land division (Chapter 18.420, land partitions) and
other requirements relative to this site.
Tigard Pre-Application Conference notes dated November 7, 2006 require that Code section
18.390.040, Paragraph B(2)(e) for Type II evaluation be addressed to quantify the effect of the
development on public facilities and services. This relates to providing improvements necessary to
meet City standards and to minimize development impacts on public facilities, the public at large, and
affected private property users.
Support Facility Requirements
Development of the proposed three-lot partition (excluding the existing residence) will require City
services to serve the development. Infrastructure needs will include surrounding roadways, local
services (schools, transportation, and fire/emergency needs), and public utilities. Assuming an
average occupancy of four individuals per residence, this would equal 8 persons at the location.
Assuming that one of the new homeowners already resides within the community, the net impact may
be estimated to be one new Tigard resident.
The impact of three or four persons (one household) on community services would not be considered
a significant impact on local resources. New residents would be anticipated to utilize schools and
recreation facilities; however, residents would contribute support through taxes and user fees or
assessments (in addition to development-related fees) to offset these impacts. Any impacts to such
services would be balanced by funds collected through in-place means including taxes and payments.
The proposed development is located in close proximity to centralized services such as public
transportation (TriMet routes #76, #78, and #45 serve the general vicinity), utility services, schools
and educational facilities, etc. Both public and local services are available to the site.
Construction may involve short-term impacts within the immediate vicinity only, and these would be
addressed through conformance to City regulations. Any temporary disruption required to connect to
existing utility services would be effectively addressed in a manner designated by the City. As
previously discussed, the impact of this small development on public services does not warrant
special consideration.
1
� � • "
4
Impact on Transportation System
The proposed 3-lot partition would retain the existing residence and add two new singie-family homes
at the site. SW North Dakota Street is a designated neighborhood route, and Tigard Engineering has
noted the development will require half-street improvements amounting to 18 ft. of pavernent from
centerline (dedication of right-of-way to 29 ft. from centerline) and sidewalk with curb. However, these
improvements will be addressed later and will be covered by a restrictive covenant. Additional
dedications along SW Forest Street to provide for the "eyebrow" and for the continuation of SW Ellson
Lane will also be provided, plus street trees per Section 18.745.040. Street improvements will likely
result in some short-term delays and interference to tra�c within the region. However, once
completed, the net effect would be an improved street section with beneficial results along the
property frontage.
Impact on Drainaqe Svstem
The site is relatively level and storm runoff will be minimal. Storm drainage from lot#1 (existing
house) will remain unchanged. Drainage from the newly partitioned lots will be piped into an extension
of the existing storm collection system within SW Ellson Lane. The accompanying Utility Plan, Dwg.
C4.1 shows the location of facitities associated with this project. The net impact of adding a designed
system and collecting surFace water flows will more than offset the impact of adding small amounts
impervious (paved) surface and roof areas to the site. Providing landscaping within the new lots will
also lessen current runoff from the property.
Impact on Parks Svstem
Public (municipal) parks are provided within Tigard in the vicinity of the project. These parks would
experience little impact from addition of three new residences. This impact becomes even less
pronounced when considering it's likely that existing Tigard residents may occupy one or more of the
new units, once constructed and available for occupancy.
Impact on Water and Sewer Systems
These impacts are jointly addressed as utility impacts relative to the proposed development. Public
water service exists within SW Ellson Lane and SW North Dakota Street. New single-service water
meters and connections will connect to water in SW Ellson Lane, and sanitary sewer will similarly
connect into an extension of public sewer. Utility services to the existing residence fronting on SW
North Dakota Street will remain as they presently exist (see Dwg. C4.1 Utility Plan). As with other
impacts, addition of new services will not result in a substantial impact.
Noise Impacts of the Development
Residential properties are constrained by City noise ordinances, and this development wou►d be
subject to these conditions. Temporary noise associated with construction and site development
would be expected to occur; however these disruptions would generally be short-term and of minor
consequence. Construction-related activities would be limited to normal daylight hours.
2
rct�e i or i
Gary Darling
From: "Kim Mcmillan"<Kim�tigard-or.gov>
To: <gid@dleng.neh
Sent: Thursday, February 01,2Q07 4:50 PM
Subject: Re: Dave and Cathy Berg Project-Property west of Stonechase
�ry�
A Restrictive Covenant will be acceptable for the North Dakota
frontage.
Kim
»> "Gary Darling" <gid __ dlen .net> 02/Ol 2:44 PM»>
Kim,
Do you lrnow if they can do a waiver of remonstrance to do frontage
improvements on North Dakota or do they have to do the actual
improvements.
Thanks
�'
Gary Darling, P.E. Principal
9045 SW Barbur Blvd. Ste 101 �
Porttand,OR 97219
ph: 503.225.1679
fax: 503 246.2Q94
www.dl de si�n�roupi n c.com
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.1.411 /Virus Data.base: 268.17.19/663 -Release Date: 2/1/2007
3/2/2007
� .--- , �
" _ • C`� �� '.
.
DESIGN GROUP INC,
April 17, 2007
Kim McMillan, P.E.
Development Review Engineer
City of Tigard
2550 SW Hillsboro Hwy.
Hillsboro, OR 97123
Project: 3-lot Partition north of SW North Dakota Street,Tigard
Subject: Fee-In-Lieu for Stormwater Treatnient; Waiver of Drainage Re�ort Requireinent
Dear Ms. McMillan:
DL Design Group Inc. represents the developer of a proposed 3-lot partition located north of SV�'
North Dakota Street between SW 114�'Place and SW 113`k' Terrace in the Metzger area of Tigard.
The lot consists of a 3/-acre parcel of land in low-density residential (R4.5) zone without any
significant slopes, special features, or identified environmental constraints. Tl�e sole physical
limitation is imposed by required extension of SW Ellson Lane to the west through the subject
property,requiring an exemption for one resultant undersized lot. Site characteristics are described as
follows:
Property Features:
Location: 11329 SW North Dakota Street, Tigard 97223 (Wash. County)
Tax Map: 1 S l 34DB 00500
Size: 0.75 acres, f 32,538 sq. ft. Approx. 66 ft. wide x 493 ft. deep (north-south diillension)
Zoning: R4.5; single fainily, minimum lot size= 7,500 sq. ft.
Physical Characteristics: Virtually flat; one existing house, scattered trees and shrubs
Neighborhood: Metzger(southern portion)
Pro�,sal
Drainage from the area is limited due to flatness of the ten-ain. Consequently relatively little stoi7n
drainage occurs in the irmnediate vicinity. Drainage to the east is accoinmodated by the new
subdivision. Few catch basins or other storm appurtenances are present along the property frontage
(refer to accompanying Utility Plan, Dwg. C4.1).
Site development involves��artitioning the cxisting property into three parccls.Parcel#1 would fiont
on SW North Dakota Street, with Parcels #2 and #3 occut7ing i�nmediately to the north. Given the
limited extent of development and virtual absence of slopes that could produce little offsite i-unoff,
we request the following:
1)A fee-in-lieu for treatment be allowed,paid in advance of site developinent,rather than requiring
onsite treat�nent facilities
9045 SW Barbur Boulevard, Suite 101 ♦ Portland, Oregon 97219 ♦ Phone: 503.225.1679 ♦ Fax: 503.246.2094
.
. 2) The existing public storm system be extended (per dwgs.) to the west, with a stonn manhole
placed where shown.
3) In considering the site conditions, we ask that the fee-in-lieu be deemed adequate and the
requirement for a drainage study be waived. This request appears to adequately address both the
development and the City's objectives.
Would you please notify us if you concur with this proposal, and accept this plan; or altemately,
what your requirements are regarding further drainage clarification and design.
Thank you for your consideration.
Sincerely,
; ��.�/2 r�/9 �-C�� �lC
'n�s huk, esident
DL Design Group Inc.
� L
�
9045 SIN �iarbur Boulevard, 5uite 101 � Portland, Oregon 97219 t Pf�one: 503.225.1679 <� Far,: 503.246.2094 �.S�Gn�GROUPINC.
� � �
�
�
�
Q r �/ tC �S
RECEIVED 03/22/2007 15:10 503-246-2094 DL DESI6N GROUP INC
QMar. 23.__20Q78_ 3_ 14RN�g3-2�" ?09a DL D�SIGN GRQUP T••n No. 0145 P, 1/1 82�03
� -�--�-�-- � � � � � �� C��G°��
� L (� C� � d � � . � . . .
MAR 1 5 20 � � .
. FileNumber �.� ��O$�
1e�1�'�atez �er�rzces �
By .....-• �.,... m�„ 5 ��car.� . Seri�itive Area Pre-;:.creening Site Assessment
Jurisdiction �g4rd D�-. � Date 3 I S 07 � � �
Map&7ax Lot � 1 S���3 4,]j po�Q� �Owner r
Applicant �r� . ,�(
SiteAddress �Zc��r �; Company � , �r� Z-NL,
,� rd -!Z Address � ,�645 S[t��b���or�i�o1
Proposed Activlty ; ' Clty Stata Zlp ��Y�/¢Naj � ���g��.o3� '
, ��«;� �x�s�•r,a l�o � ,�� Phone 5r�3-7,ZS-IG7� �
�� �u�Ydi` �s v�s���R�Fax � �ua�x46—Za�4 �
By submltting this form thg OwnOr, r Owner's authorized agenf�or representative, aaknowledges
a�d ag�ees that employees of Glean Water Sarvices hava authority to-enter the pr'oject site at all . �
reasonable tlmee for the purpase oP�inapecting prpJect site conditions�iid ga�her�rig infor,;�atoon
related to the projact site.. � � . �
olficial uce on be�ow thly Ilne ' ' �
Olflcla[use only hslow thla lln0 � Offc�at uge onry be ow th(s Ilho
Y N ' NA Y N . �NA . .
Sens�tive Ar a�omposlt�Map Stormwater Infrastructure maps
� �) ❑ Map# J��f��' : ❑ ❑ � (1S# �/�18 � .
Lacally adopted sfudies or maps � (7ther
❑ ❑�f�l Sps��tY � . C � �] ��8�,�
Based on a re�iew of the abpva informakfon�and the requ{rements of C[ean Water Services
Design a�nd Constructian Sta�da�ds Resvluti�n dnd Order No. ^4-9:
❑ Sensitivs areas pQtentia��y exlst an slte or wifhin 200'bf the site. THE App�IGANT�MWST
PERFORM A SITE CERTIFICqTION pRIOR TO ISSUANCE OF A SERVICE PROVID�R. It
3ansltlVe Areas exlst on tha site or.wlthif�200 fe�et on adjacent properties, a Natural
Rasourc�Assessment Raport may also be required.
� Sensitive areas do nat appear to exi5t on site or withiri 200'of the site. This pre-scr�ening �
site assessrnent doe� NOT e{iminate the need to evaluate and protect water quality �
sensltive are$5 I�they are subs�quently di�covered, This docurnent will serve as.your �
5ervice Provider letter as raquired by F�esolution and qrder�G4-9, Section 3.02_1. AII -
requlred permlts and approvals rttiust be obtain.ed and completed unde�applicahle lacal,
state,and f�deral law, � � � � � � . �
❑ Tha propos�d acUvlty does�not meet the deftnition pf developrnent. NQ SITE ASSESSMENT
OR S�RV1C� PR�VIpER LETTEIt!S REQUIRED.
Reviewer comments: � � . � �
� F2sv9ewed �y: Date:
--�..,.._
Post-it•Fax Note 7671 Da1e� a} P�°es�J
To . �f�ciaY use onl�
From
Co7Depl. Go.
Retur�ned to A,ppZicarat
!i .tYlr.il. Fax�Counter
Phone p Phone M�d�, �', S� Date By�
F�� � ��iv''itVS FaxM
�
r~ a r,� s � o r
ARBORIST REPORT
Subject: Tree Plan
Address of the Report: 11239 SW North Dakota St.
Tigard, Oregon
Date of the Report: May 1, 2007
Report Submitted To: Planning Department
City of Tigard
The Tree Plan for the development of the parcel at 11239 SW North Dakota is as foliows:
• The identification and location and size of all existing trees including those designated as significant
are shown in the attached Tree Assessment and Tree Assessment Map.
• The program to save existing trees will be accomplished by leaving all trees on the property
undisturbed. This will be accomplisFied by installation of a Tree Protection Fence placed on or near
the proposed property line separating the parcel including the existing house and all trees and the
remainder of the site. No development activity will be allowed in the parcel containing the trees. It
is assumed that the tenant in the existing house will continue his maintenance and occupancy
activities as normal.
• There are no trees identified for removal. Since there are no tree removals, there is no mitigation.
• The tree protection program for trees during and after construction has been addressed with the
attached check list titled Tree Protection Plan.
• There is no evidence �f recent tree removals on site during the past year. Any subsequent tree
removals will conform to City of Tigard Ordinance 18.790.
Respectfu I ly,
Kay Kinyon
Tree Care & Landscapes Unlimited, Inc.
Certified Arborist by the International
Society of Arboriculture, Lic #PN-0409
ARBORIST REPORT
Subject: Tree Assessment
Address of the Report: 11239 SW North Dakota St.
Tigard, Oregon
Date of the Report: May 1, 2007
Report Submitted To: Planning Department
City of Tigard
I have completed the attached assessment of the remaining trees on the site at 12643 Market Street. The
detailed assessment is shown in the table below.
Condition of trees surveyed is indicated as being Very Good, Good, Fair, Poor, Very Poor or Dead. Trees
rated as Very Good are prime specimens with no visible defects. Trees rated as good may have minor
defects but are stable trees in good health. Trees rated as Fair usually contain at least one visible defect
that may become more significant some time in the future. Poor trees contain at least one significant
visible defect. The defect may be structural or cosmetic. They are usually displaying reduced vigor and
may be candidates for removal. Trees rated as Very Poor contain significant defect are hazardous or near
hazardous. They should be removed. Dead trees are dead and should be removed before decay advances
to the point that they become hazardous.
NO. COMMOfV NAME BOTANICAL DBH CONDITION COMMENTS
NAME Si inificant Remove
1 Douglas Fir Pseudotsuga 14 Fair Topped. Yes No
menziesii
2 Douglas Fir Pseudotsuga 13 Fair Topped. Yes No
menziesii
3 Bigleaf Maple Acer macroph llum 12 Fair Yes No
4 Blireana Plum Prunus x b/ireana 18 Poor 2 stems 12,14. Yes No
Conk&trunk
decay.
To ed.
5 Flowering Cornus florida 6 Good No No
Do wood
6 Flowering Cherry Prunus serrulata 16 Poor Topped. Thin Yes No
crown.
Totals 5 0
Respectfully,
Kay Kinyon
Tree Care & Landscapes Unlimited, Inc.
Certified Arborist by the International
Society of Arboriculture, Lic #PN-0409
1 1329 S1�'V North Dakota
TREE .ASSE�S����1ENT P,�1AP
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TREE PROTECTION PLAN
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SI7E ADDRE55 _LI i=`�1 �wf�.I !�-IC�'1��1�KG"Y'A ��__.__--- - -----
;=c�;�tr� ;hF �el�w liste� ins:ructiars in ar�er to provid� the pro�er �rctection berare, dur:ng arc art�r
�on��-�.C�IQ(? f01' ti'6° = / LYF�'k.L'C�➢'� �C3
I. Sefore Cor�struction:
�?,��. !VCr�-A��-
_._.__ _....._....__.._....._ .
�� _.. a. ?der�if�y aR�: numL�er th� tre�s to b� protec�ed, •rerify by mapping a^d1o; *ag�in� and ncte t;�esr
size ir� �.S.t'. (Diame�er at Breast H�igrt}, rariety, t�e�ith ana struct:��ai canditior:s, revierv
plars. .
� _ b. Check 'vVttl'1 IGCr�I governme^t agencies f:�t' tre� proti=Ctier; ord;nances.
_ � �:. ;�c�mc;tf� a^y io�r,r ,irn�s t;�at may be in tary� way ���con�tracti�n equipment, ar�d prun� as ne�.��`��
ta adh�.e �v�� standards.
:�, �C d, �eave a �rotec�-iv� covering ar the sa+l, i.e., existir,g groun�cover ar mulch.
� _ e. Notify a(i otner contractors �hat these trees are ta ;�e save� ar,d protec�ed.
� _ P. :nst3i� a t2m�orwry 5` nigi-� r-�eta! no-dimb fe:�ce ��. p�-ot�c� tne tre�s and t^eir root system�.
instail tTee �rofiection si�n on rence. Posts lotated 1�?' on center as a gcne�ai rufe. For eve�r
�nc'� in d'sar3et�r cf tl�� tr::r�k �D.B.H.) ali�w ;�c �� 1 ��oi �fi radius fror-� t�� trunl� as the
protAti��� �r�a. (�xar;sple: 24" �.6.H. _ ?4' ra�ius af �r�c�cted reot �ys�em.j Td�aiiy, we
�e2� :o prot�ct more than t�'12 t�?'fjJ zone. ;"he drir zore into ci-�e t-un� is the support rccts .:�at.
haid [h� vree up. The roots `rom tnat drip zone out :,revi�e nutrit:o�, water and oxyc2n. �;y ro
avoid lass ef more than 3G°.rc ef root on ary one side. ?'h�s ailows some �nc��achr?erc wi.hir�
the drip iine. This should b� det2rmine� on a case ov case sit� ccnditicns *evietrJed. (S�E
EN':L�SE� �IT� PL,4iV j
� _ g. Iden�:�y uny insec: c�r dis�as� �robiems that rnay re�uir�e t;eutrn�nt.
__. �(; �. Engir,�e� and c�es;gn prQposed st;uc:ures an� constructicn tc avci� rcot loss. Bridce ty�e
cour,da::cns c�^ save major r�ats.
� � i. DESign �ardscape islards and plart�rg areas 4argP encugh te acccmmo�ate t;e�s a; rnatu��t��.
.� � j. P!ant th� right t�e� in the right pla��. A��cid �u:ure conflic;s �r�rith builc�it��s ar;d utili�ies.
_.: � k. H�v� �n exptrience� �lrooris� re�riew landsca�e i���n ,� assur° tt;e righ* �r�e is �iar�ted in 4t�e
riq�t �lacp ancf propesed changes don': kiii r�*.ained r:�ature t-ees.
._.. � . Considar ;r�e removais aa;acent ta trzes ta �e ;ave� fior w�r:d reiated stability ccrcerrs.
.
:�:�. `�1��-,�.DD. �
�;; _ i71. ""ir'C�C F0� ✓oS� 2�3u �'t'e,"v��Scu y'�u� u'��� u�ainage changes, C:�n51{�er ��18 �fi2CtS,
� __ n. :��eCk tr°°s =Gr 5��bii;ty.
- � o. Remcve ail ;reQs that +NOUid �'CL SUt"VIV� ihs Efi2CLS Gf Ch�;�ge. Remove ali hazardc�s tr�es.
'Yi _ p, N1ini�~:ize e.�viror,re�taf c;;anges.
t
iI. Rurint�Construction:
'�%, _. �. �eeN �c{uiom�rt of� �;# i�e r�ct sys�em t� avoid com�,ac.ion.
�'' -- �. �ee� 2qu��m�nt a�.vay from siructure .o pr2vert darnage :o trunk anG iimbs.
�' ` c. Lcr't a"sIoEN `�^emir_�;s to be dum�e� or. the graurd rear tt;e tre�, i.e., gasoiire, �iE�el, aaint,
he�biCiG�?, G2�n�!', t:�irfi�r5, �tC.
� _. d. Prov±de mears ��f t�m�crar� irr�gat:o� :f the presect runs thr�u�h th� sumrn�r.
'� � e. I` r�ct� cr iim�s are cut or damage�, ��vs tnem �ns�ecte� by an IS� Certi`�ed nr�orisc ar?d
re�air�d er �re3ted accordin� :o hist`�er fecommencat�ons.
� f. Pratect the t;ees frort� �xcessive hea", i.2., equipment, �aving and;'or �urning,
�
_ g. A�,roid trerehin� �;�rough the r�et systems, �or;ng un�e- th�m cr hand diegir;g can sa�ve roeis.
_.. n. �cn�act th� iSr� t:,r.'i"i'ifl�� /�C�Gt'1Si i�C1'illc3t' WI�}1 :�:2 site prior to df;t� t�UC'1i1Q u�i��� �Zi7Vi�Y W;L�iiii
t�� dri� zone c�r t-ee p�aCectior:. f�nci^g ,`c�r ronsultaLion.
II�. After Construction:
� � a. iarefu�:iy IandscaNe the area under t�e t�ee, bei�g car2f�,:i Gf the roots a��d s�ruc�ure. �s2
p;ant:r,gs that t�rill live undzr Li�e sam� canditions as t�at cf the t��e.
� _ �. Previde irsect ar� d+se�se cor'troi, `�rtilization and �runir,g as �+eedetJ cr �dt�2r: tc icng-tzrm
protection piMn i� provide�.
� _ c. Avoi� dircct `rrigaticn sprayir:a onto th2 trunk. The amcunt af irr;g�ticr nt��e� tc kee� resrv
plantings alive can owen be e^c�u4h :c kill :��ature �rees.
__. C. C�O I�Ct COVP_C 2:<:Si1t1Q fv^�`� SV5�cC1lS `Nitil ��':r�t-E3 :Ilsir �;� 7� SDII. :?C C10�;? SGi� y0U �Cl�, ��'1'c
greater tw� chanc�s of damae�ing t7� roat system.
_ � �. �rvvs�e �rrigaticn ardl�r �rainagc, :a e�ulate pre-const-uct;on c�nditiors.
'til:�'-�` ��tS L"ee prctec�;or Yian idenzli:�5 COC35'�t'i:C:iOi; �C���rtiG(i !7'C-�SLit'ES :� �f eV�'�lt Ufi'lv8�i�^fi2A �i'�(' �'U�S.
;^z �denti�ied measu�r�S ;i�it ti*te amcunt a� ear�h �istur�ance st�rraurding the trees, c�1�C II!'Ttlt L;tE C�!i?CVa{ Ofi
the �r�e's raet systems. �i.s� to :h� �,tariaticn of �v�^� pr�ject, it is unlike'y a!I of the abcve i��ntifie�
i:'!EcS��rES _�3f1 uE' �t'?C�IC3J1'¢ �F��IEC:' �G �3Ch '€f::l�'t1i!r��31 f('E'L� f:OT' IS it i1�C2!1,J �c3�}l I'�fEJSUi'� iS ��C�S�r31"'� t0
retain eacr :-e�. Prior to i�e �e�inring of cer�st��:c:ion a me�:tiny bet�Yveen a certified arbc;ris: an� the
tl2c�ssar�r c��r,tract�fS ��vi!! bz ne;d te deterrrirE :;,� �Cj?�0�]ft3t� I�V�� Oi �ifc�L2CilOC1 iCr 2�C�' �;'AE'� ii1 !"c�18�lOft t0
'N{lu�E 'rlO��C !^c'�CS t� �..'^i� �^T1��2tc� 11� if1� t{'�c`5 ViCii`�tY. �"' sit2 Supes^JiSion by a c�r:i�Etj a��O�;5i Wl�i �t'
���Cr??`tll�l�� C7�'i{� �U�+_v^I12L� 8S :^.�=r.$$t�.ry. �
10/08/2008 14:38 FAa 5035981960 CITY OF TIGARD �002
. ,
� . PRE-APPLICATI�N
.
° CONFE RE NCE RE QUE ST
w
. ' C�ry cf T'��d P�ni1 Ccao� 13125 S�'Hall Bhd, Tt�QR 97223
� . . Plx� f03.639.4171 Fra:503.598.1%0 -
GENE�INFORMATION . - '
APPlicas� �Z FOR STAF��'S�ONLY
� I�1D Scc.> � �= Phone: 5
�s� , . � �5`'J 79 ��a_� 0
�'�7:2 Z c�se No.: 1 Z8o4o-(U���j�
C�ty. ��c..tyG�/l��_ Z�p: J 2✓ �.SZ-- .
�` =�'3 RECCIpL NO: � -
ContactPecson: 1� ��� _ �hoar: 793-Z36�-
Appliaaon By.
Pmpaty Owaer/Deed HoIdei(a]:� � rv��' �
� " � ���, n� � ��:�. � DA�o���.: �� `1 b�
� � " �"
Addness: //�o�q Sw �`/L �c�'S�Phoae: 'tIME OP PRE-APP_ 1 l���� k"`�
Cny: ��-�GL, z,p: �i7Zz 3 rxE-a�.�Ln vvcTx:
�.��s�o�
PsopettYAddtess/�.oca�on(s): � � � ����ov.oa�a�000��,�-n��ny�,.a«
i%3a�� sw I;� �r��� �� �
`_""�""•�c.� �EQLTI D SUSMi?FAL ELEME�ITS
Tu Map&Tu Loc Il(s): �0 5��e��3 . . (Note: applications wiU�be accepoed
�vethout dx nquued submiaal elements)
zo�: �/.�' %�I-x r o !�oZ�`►a s�7
❑ Pre-Applicarioa Cnaf.Request Foim
siu size: �'rS� �e.L ` �.!n'7G -�/� 5 c ACFi OF �,FOLI_-OWINC�
. �� ' ' , ❑ Brief Descupaoa'of che Px+�posal aad aay
PRE-APPLICATIQ�odNPERENC�INP�tMA1'IdN sit�speafic quesrion4/i4sues that you�wuld
It1� ro have staff'resruch prior m the �
All of the iafonmauoa ideacified on this forat ue r�quired to be auba�by . �.
the applicant a��d ieceived by the Planniag Division a minimum of one (1) ❑ Site Plan. The sioe plan must sboW d�e
�e �nor_t�o offici�y�.a�z�SD&licatiea�conferienc� darrltime to proposed lots and/or bwldirig layuuu draavn
aIlow staff ample tuae co piEpare for the rneedng. � m scak. Also, ahow the locadon of �he
' '�bJecc Propc1TY m selauon w che aearac
A pre-applicxrion coaference can,uvally be sc6eduled within i-2 weels of�he scee�s;ancl the 1«aaon5 af driv�ways on che
Pl�naing DiviSion's receipc of.� crquesc for eicber T��Q� '�u�sd;v subjccc propeny and across che�Qecc.
m�rnuigg: Pre-appliraaon confeseaces are one(�)�np and are cYpically . � y�y�p.
beld betaveea the hours of 9:00-1L-00 AM
❑ 11x Proposed ika.
PRE-APPLICA?ION CONPERENCES MUS7 BE S(�iEDUI.ED IN � Topo�nphic Informaoon. Include Contour
PERSON AT T'f� COMMUNITY DEVELOPMEN? OOUNTER ��p���
FAOM 5:00-4:00/MONDAY FRIDAY.
❑ If che Pce-Application Confereace is for a
IF MORE T�TAN 4 PE4PI.E AR� EXPECT'ED TO ATrEND THE . MONOPOI.$ projea, the applic:ant .must
PRE-APPLICATION CONFERENC� YN YOTJ� GdZOUP, PLEAS� amch a copy of st►e kc�er and proof in the
INFORM THE QTY IN ADVANCE SO T'HAT ALTERNATE ROOM form of w aff'�davic of ma�ing, tl�t the
ARRANGEMENfS CAN BE MADE T'O AOOOMMODATE THE ���� P��ol ar�s compleud (sce
�pjJp, ' • Section 18J98.080 of the'Ilgard Commvnity
Developaxnt Code).
❑ F�ling Fee 5362.00
November 2006 December 2006
S M T W T F S S M T W T F 3
�, 1 2 3 4 31 1 2 �
5 6 ❑7 8 9 70 11 I 3 4 5 6 7 8 9 '
12 13 74 15 16 17 18 10 11 12 13 14 15 16 ,I
I19 20 21 22 23 24 25� i 17 18 t9 20 21 22 23
�26 27 28 29 30 �I '24 25 26 27 28 29 30
Tuesday, November 07, 2006
-Pre-A s CD Meetin s i
Earl
' 8:OD AM j ---- - - - —;
,, 9:00 AM � {9:00 AM- 10:00 AM)
�� � _ �
10:00 AM '
I 11:00 AM ; (11:00 AM - 12:00 PM) Dave Berg 503-579-9706 11329 SW North Dakota 3-lot MLP
� ,
12:00 PM
1:00 PM
_ 2:00 PM �
3:00 PM
4:00 PM
Late
Tasks
Notes
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�---- --
Kristie Peerman 1 10/13/2006-2:15 PM
October 12,2006
To whom it may concern,
My name is Dave Berg and I would like to get a partition platt for 3 lots on the
property at 11329 sw North Dakota St. Tigard, Oregon 97223.
Lot 3 : existing house is approximately 6b feet wide by 215 feet deep.
Lot 2 : This lot is just behind existing house. Lot size is approximately 66 feet
wide by 114 feet deep, for a total of approximately 7529 square feet.
Lot 1: This lot is at the end of property. Lot size is approximately 66 feet wide by
100 feet deep, which is 6600 square feet. This lot will need to have a
variance to allow us to build a single family home. This lot would be
land locked when southwest Ellison Lane is extended through for future
development.
Please see attached Site Location/Topographical Map
Thank you,
�kc�.L`�- `�'? _
��
Dave and Kathy Berg.
�
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° l� �it� Loc�'tionlTo o ra hic�i Ma aate; �'
� i p g p �: June 8,zo�e
e i ��� . �`
� � Yigard Varianee Pre Appiic�ti�n �anf+�ren..e ��9►e.
n PISIgr1 GrOUn 1 Tig�rd, Qregon � ,n��Y,00 raet '
� e�,,.u.r���m �I Project#; I
Q �ppqNWMM��00yIVi6 YIIYQ
101LS1o�tC.0111001:91+¢a $OVtE�t:
u ►�:e,�.u.u.. , I I Drewn��;r�5
p r��o�.w.aoo Mevo pe�Rasourr Cinter,RLIS Ui�D�m Diic,F�bruary YOCB
�
, . . � TT �
. . P�' IFIC NORTHWEST TI E
� � Phone (:. ,) 671-0525 Fax (503) ,43-6416
= M E T R O S C A N P R O P E R T Y P R O F I L E _
Washi.ngton (ORJ
-k,F�k#,F-k*�F*�k,F*-k*#�k,4+k*�k�k�le**-k�F**+F*�r-k+k�F�ri4*�k�kJe�k�4+F�.�k+4***�Fit�k�k�F�ki#i4*-kir**�/r*�k********#***iF�Y***ir**ir
* __—__=_=�=c=c=cs=�_== �'
* OWNERSHIP INFORMATION *
* _____________________ *
* *
* Reference Parcel #:1S134DB 00500 *
'"' Parcel Number :_t0269257 RTSQ:OIW - O1S - 34 - SE �
* �wner :Koenig Ronald M & Pearl D *
* Coowner . *
* 5ite Address :11329 SW North Dakota St Tiqard 97223 *
* Mail Address :11329 SW North Dakota St Tigard Or 97223 *
� Telephone :Owner; Tenant: *
* *
* -------------------------- *
---------------------------
* SALES AI3D LOAN INFORMATION *
* -------------------------- *
--------------------------
� *
* Transferred :02/04/1992 Loan Amount . *
* Document # :6791 Lender . *
* Sale Price . Loan Type . *
'� Deed Type . Interest RaCe . *
* �S Owned . Vesting Type . *
* *
* ______________________°------- *
* ASS�SSMENT AND TAX INFORMATION *
* ------------------------------ *
-----------------------
* �
* MktLand :$160,650 Exempt Amount . *
* MktStructure:$50,280 Exempt Type . *
* MktOther . $ Improved :24 *
* MktTotal :$210,930 Levy Code :02374 *
* 05-06 Taxes :$1,628.27 School Dist :Tigard *
* Assessed Tot:$99, 620 *
* -------------------- *
--------------------
* PROPERTY DESCRIPTION *
* ____________________ *
* Map Grid :655 C3 Class Code :R15 *
* Census :Tract:319.03 Block :1 *
* NbrhdCd :Dkta Mi11.Rate :16.3448 *
* Sub/Plat . *
* Land Use :1012 Res,Improved *
* Legal :ACRES .75 *
* *
* *
* ________________________ *
� FROPERTY CHARACTERISTICS *
* ________________________ �
* Bedrooms :3 Lot Acres : .75 Year Built :1955 *
* Bathrooms : 1.00 Lot SqFt :32,670 EffYearBlt :1955 *
* Heat Method :Stove Bsmrin SF . Floor Cover :Carpet *
* Pool . BsmUnfinSF . Foundation :Concrete Ftg *
* Appliances . BsmLowSF . Roof Shape . *
* Dishwasher . E31dg SqFt :1,309 Roof Matl :<Comp Shingle *
� Hood Fan . ZstFlrSqFt :1,304 InteriorMat :Drywall *
* Deck :Yes UpperFlSF . Paving Matl : *
* Garage Type : Porch SqFt . Const Type :Wd Stud\shtg *
* Garage SF . Attic SqFt . Ext Finish :Plywood *
* Deck SqFt :216 *
� *
***+***�a-���*+*****+***+*******************�*�*�******�****************���+****�******�*
1'he Information Provided Is Deemed IZe2iable, But I.s Not Guaranteed.
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THIS MAP IS FURNISHED AS A CONVENIENCE BY PACIFIC NORTHWEST TITLE
This map is not a sucvey and does not show the location of any improvements.
The company assumes no liability for errors fherein.
MAP# 1S134DB 00500
I
STON�Gl��S� RECORDED AS DOCUMENT No. a�os��SYS ,
19� ,92 I IN THE SE 1/4 OF SECTION 34
ENGLEWOOD III iso �es �ea T15, R1W, VY.M., CITY OF TIGARD,
��„u,�p It1ITIAL PoINT is, ,o WASHINGTON COUNTY, OREGON .
c�i.CORNLII N 89'38'18" E 398.12' `
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N & n e9�sa_c tai_iz' � n � IAT 6 8 °,..° Ixe�o�
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14
PRE—APPLICATION CONFEREHCE NOTES s, �
➢ EHGINEERIHG SECTIOH \ Cf4lef11gard,Oregon
Community�DeveCopment
S(ia � A Better Communi
PUBLIC FACILITIES Tax Map[sl: 1S134DB
Tax lot[s): 500
Use i�pe: SUB
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.
Riqht-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 North Dakota to 29 feet from centerline (Neighborhood Route with bike lane)
� SW Forest Street to 46 feet (match existing)
� SW Ellison to 46 feet (match existing) - or provide a WACO eye-brow corner
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW North Dakota, to include:
� 18 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5 foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a finro-year streetlight fee.
❑ Other:
CITY OF TIGARD Pre-ApplicaUOn Conference Notes Page 1 of 6
Enginearing oepartment SecUon
' �
� Full street improvements will be necessary along SW Ellison Street, to include:
� 24 feet of pavement from curb to curb
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5 foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
� Full street improvements will be necessary along SW Forest Street, to include:
� 24 feet of pavement from curb to curb
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5 foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
� Other: City Enqineer will consider a WACO eyebrow corner
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a finro-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
CITY OFTI6ARD Pre-Applicatlon Conference Notes Page 2 of 6
Engineering Oepartment Secdon
, ❑ 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.) � 1.7� �CoTA
�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 North
Dakota (project side� Prior to issuance of buildinqpermits, the applicant shall either place
these utilities underground, or pay the fee in-lieu described above.
Sanitary Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in North Dakota
Street and in the Stonechase Subdivision. The proposed development must be connected to a public
sanitary sewer. It is the developer's responsibility to extend the public sewer to the west.
Each lot must be provided wifh a sewer lateral connected to the public sewer line.
Water Supply:
The City of Tlqard (Phone:(503) 639-4171) provides public water service in the area of this site. This
service provider should be contacted for information regarding water supply for your proposed
development.
Fire Protection:
Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010]
provides fire protection services within the City of Tigard. The District should be contacted for
information regarding the adequacy of circulation systems, the need for fire hydrants, or other
questions related to fire protection.
Storm Sewer Improvements:
All proposed development within the City shall be designed such that storm water runoff is conveyed
to an approved public drainage system. The applicant will be required to submit a proposed storm
CITY OF TI6ARD Pre-Applicatlon Conference Motes Page 3 of 6
Englneering Oepartment 5ectlon
, drainage plan for the site, an�+ may be required to prepare a sub-r�sin drainage analysis to ensure
�that the proposed system will ,ommodate runoff from upstream � erties when fully developed.
On-site detention is required.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by the
Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of
on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runofF generated from impervious surfaces. The
resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-
site facility provided specific criteria are met. The City will use discretion in determining whether or not
the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious
surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary
sizing calculations for any proposed water quality facility shall be submitted with the development
application. It is anticipated that this project will require:
� Construction of an on-site water quality facility.
❑ Payment of the fee in-lieu.
Other Comments:
All proposed sanitary sewer and storm drainage systems shall be designed such that City
maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance
access roadways may be required if existing or proposed facilities are not otherwise readily
accessible.
TRAFFIC IMPACT FEES
In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic
Impact Fee program collects fees from new development based on the development's projected
impact upon the City's transportation system. The applicant shall be required to pay a fee based upon
the number of trips which are projected to result from the proposed development. The calculation of
the TIF is based on the proposed use of the land, the size of the project, and a general use based fee
category. The TIF shall be calculated at the time of building permit issuance. In limited
circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy
permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater than
$5,000.00.
Pay the TIF
CIiY OF TIGARD Pre-Application Conference Notes Page 4 of 6
Englneering Departmem Sectlon
�ERMITS
Public Facility Improvement (Pr�) 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.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
CITY OFTI6ARD Pre-Application Co�erence Notes Page 5 of 6
Englneering Department Sectlon
GRADING PLAN REQUIREMENTS FOR SUBDIYISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
�� � � - ��
PREPARED BY: � • 0
ENGINEERIN DEPARTMENT STAff �ATE
Phone: [5031639-4171
Fax: [503)624-0152
document3
Revised: September 2,2003
CIi110F 116ARU Pre-Appllcatlon Conference Notes Page 6 of 6
Englneering Ospartment SecUon
i �
�ITY OF TIGARD
„
PRE-APPLICATION CONFERENCE NOTES °
(Pre-Application Meeting Notes are Valid for Six (6) Months)
' PRE-APP.MTG.DATE:
STAFF AT PRE-APP.: Iv\ 3
- - __ ---- -- RESIDENTIAL
�W ��<<<���-
�4�f ti�T: �c��r.�l l c�,,�d.. � -�ar� �e� � Af�T. �� �
Phone: ( ) Phone: -
PROPERTY LOCATION:
ADDRESS/GENERAL LOCATION: ��� �, Q( Sl� �!���-:,,� �,.,iC,c�-� S't"�u�
TAX MAP(S)/LOT #(S): i ,� 1.3������C�
NECESSARYAPPLICATIONS: i�-t ( _{�- - �l;nd� ( c�.�d. r�o�`h ��
V d�'lZ — � .u` dCg
PROPOSAL DESCRIPTION: j�,,`L�d:� � ���,U ,,�,t�_� � , i(.,��,� ���sn,,,�
L
V�'lxZih� �+ . Y1n�11'l . �C�� $�i C' !" '�- I G��-
COMPREHENSIVE PLAN
MAP DESIGNATION: ��,�;- �n s;��� .��s�c�,.�,,,��
ZONING MAP DESIGNATION: 2 - 1�.. �
ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.�ic�: .� l
MINIMUM LOT SIZE:+7.�5 ��sq. ft. Average Min. lot width: J�� ft. Max. building height: �� ft.
Setbacks: Front CU ft. Side �ft. Rear ►� ft. Corner l S ft. from street.
MAXIMUM SITE COVERAGE: _�% Minimum landscaped or natural vegetation area:_�%.
GARAGES: �(U ft.
❑ NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Handoatl
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED
PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two
(2) weeks between the mailing date and the meeting date is required. Please review the Land Use
Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to
submittinq your application or the application will not be accepted
* NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9
Residential Application/Planning Division Section
,
�NARRATIVE [Refer to Code Chapter 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
,�(( IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the 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.
,�" ACCESS [Refer to Chapters 18.705 and 18.7651
Minimum number of accesses: , Minimum access width: ��
Minimum pavement width: ���
❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18.7051
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
� RESIDENTIAL DENSITY CALCULATION [Refer to Code Chapter 18.T151-SEE EKAMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s)from the gross site area:
All sensitive lands areas includinq:
➢ Land within the 100-year floodplain;
➢ Slopes exceeding 25%;
➢ Drainageways; and
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts.
Public right-of-wav dedication:
➢ Single-family allocate 20% of gross acres for public facilities; or
➢ Multi-family allocate 15% of gross acres for public facilities; or
➢ If available, the actual public facility square footage can be used for deduction.
ERAMPLE OF RESIDENTIAL DENSITY CALCULATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS
Single-Family Multi-Family
43,560 sq.ft. of gross site area 43,560 sq.ft. of gross site area
8,712 sq.ft. (20%)for public riqht-of-wav 6,534 sq.ft. (15%)for public riqht-of-way
NET: 34,848 square feet NET: 37,026 square feet
— .050 (minimum lot area) - .050 (minimum lot areal
= 11A Units Per Acre = 12.1 Units Per Acre
�The Deuelopmem Code requtres that the net site area eKist for the next whole dwelling unit NO ROUNDINC UP IS PERMIiTED.
�Mlntmum Prolect Density is 8096 of the masimum allowed density.i0 DETERMINE THIS STANDARD,MUITIPLY THE MAl(IMUM NUMBER OF UNITS BY.8.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
Residential Application/Planning Division Sec6on
� [� SPECIAL SETBACKS [Refer to C� :ection 18.7301
➢ STREETS: feet from the centerline of
➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit or garage.
➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family
residential developments.
ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less
than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
[See applicable zoning district for the primary siructures'setback requiremenis.l
❑ FLAG LOT BUILDING NEIGHT PROVISIONS [Refer to Code Chapter 18.1301
MAXIMUM HEIGHT OF 1'/2 STORIES or 25 feet, whichever is less in most zones; 2%z stories, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
❑ BUFFERING 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.
The ESTIMATED REQUIRED BUFFERS aaplicable to your proposal area is•
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
� LANDSCAPING [Refer to Code Chapters 18.745,18.165 and 18.1051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
❑ 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.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9
Residential ApplicatioNPlanning Division Section
� � PARKING [Refer to Code Chapte 8.765 a 18.7051
ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
�➢ Single-family............ Requires: One 1 off-street parking space per dwelling unit; and
One �1; space per unit less than 500 square feet.
➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPA ES. Parking stalls shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches.
➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned
disabled person parking spaces. The minimum number of disabled person parking spaces to
be provided, as well as the parking stall dimensions, are mandated by the Americans with
Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be
posted.
❑ BICYCLE RACKS [Refer to Code Section 18.7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIYE LANDS [Refer to Code Chapter 18.7151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibilitv to preciselv
identify sensitive land areas, and their boundaries, is the responsibilitv of the applicant. Areas
meetinq the definitions of sensitive lands must be clearly indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Section 18.Tl5.O70.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
�' CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R�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.
Design Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9
Residential ApplicatioNPlanning Division Section
� � ,LE 3.1 VEGETATED CORRIDOR WIDTNS
SOURCE: CWS�ESIGN AND CONSTRUCTION STQNDARDS MANUAL/RESOLUTION 8 ORDER 96-44
SENSITIVE AREA DEFINITION SLOPE ADJACENT� WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
♦ Streams with intermittent flow draining: <25%
�1 10 to <50 acres 15 feet
� >50 to <100 acres 25 feet
. Existing or created wetlands <0.5 acre 25 feet
• Existing or created wetlands >0.5 acre <25% 50 feet
♦ Rivers, streams, and springs with year-round flow
• Streams with intermittent flow draining >100 acres
♦ Natural lakes and onds
• Streams with intermittent flow draining: �25�
� 10 to <50 acres 30 feet
� >50 to <100 acres 50 feet
• Existing or created wetlands >25% Variable from 50-200 feet. Measure
• Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
+ Streams with intermittent flow draining >100 acres point to the top of ravine (break in
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine'
Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15
feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement.
ZVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine.
Restrictions in the Veqetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for in fhe
USA Design and 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.
❑ SIGNS [Refer to Code Chapter 18.T801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
�TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Section 18.790.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9
Residential ApplicationlPlanning Division Section
� ' THE TREE PLAN SHALL I _UDE the following:
➢ Identification of the location, size, species, and condition of all existing trees greater than 6-
inch caliper.
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees dunng and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
� MITIGATION [Refer to Code Sectlon 18.790.060.EJ
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
�' CLEAR VISION AREA [Refer to Code Chapter 18.1951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting streeYs functional classification and any
existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9
Residen6al ApplicatioNPlanning Division Section
.
' �FUTURE STREET PIAN AND EKTENS .OF STREETS [Refer to Code Section 18. ,.030.FJ
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattern of existing and proposed future streets from the boundaries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
,� ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code 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'/Z TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/2 times the minimum lot size of the applicable zoning district.
❑ BLOCNS [Refer to Code Section 18.810.0901
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the right-of-way center line except where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block.
CODECNAPTERS
_ �H.33O(Conditional Use) 'I8.62O(Tigard Triangle Design Standards) � �$.]65(pff-SVeet ParkinglLoading Requirements)
_ 18.340(Directors�nterpreta6on) 18.630(Washington Square Regional Center) _ 18.775(Sensitive�ands Review)
_ 18.350(Planned Development) � 1 S.7O5(Access/EgresslCirculation) _ 18.780(Signs)
_ 18.360(Site Development Review) 'I H.7�O(Accessory ResidenGal Units) _ 'I$.�$5(Temporary Use Permits)
,� �H.37O(VarianceslAdjustrnents) � 15.715(Density Computations) � 18.790(Tree Removaq
_ 'I S.3HO(Zoning MaplText Amendments) 18.720(Design Compatibility Standards) � 18.795(visual Clearance Areas)
_ 18.385(Miscel�aneous Permits) 18.725(Environmental Pertormance Standards) _ 18.798(wire�ess Communicat'an Facilities)
,�, �S.39O(Decision Making Proceduresllmpact Study) �8.�30(Exceptions To Devebpment Standards) 1� 18.51 O(Street&U6�ity�mprovement Standards)
_ �8.4�O(Lot Line Adjustrnents) 1 S.74O(Historic Overlay) _
,� �H.42O(Land Partitionsj �H.742(Home Occupa6on�ermits)
_ 18.430(Subdivisions) .� �H.�45(Landscaping&Screening Standards)
� �8.5�O(Residential Zoning Districts) �H.75O(ManufacturedlMobil Home Regulations)
_ 1 S.SZO(Commeroial Zoning Districts) �5.�55(Mixed Solid Waste/Recycling Storage)
_ 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations)
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9
Residen6al Application/Planning Division Seclion
' A�DITIONAL CONCERNS OR COMMENT:.
S ee �-�' � nu1PJ �` tUna(
PROCEDURE
� Administrative Staff Review.
Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATION SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted bv mail or dropped off at the counter without Planninq Division acceptance mav be
returned. The Planninq counter closes at 5: M.
Ma s submitted with an a lication shall be folded IN ADVANCE to 8'/z' x 11". One 8'/2" x 11"
ma o a ro ose ro'ect shall also be su mitted or attachment to the sta re ort or
administrative decision. Applications with un ol ed maps s al not be accepted.
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9
Residential Application/Planning Division Section
� ' The administrative decision �ublic hearing will ty pically occur ap, cimately 45 to 60 days after an
application is accepted as be���g 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 peri follows all land e decisions. An appeal on this matter
would be heard by the Tigard ��c� . A basic flow chart
which illustrates the review process is available m the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIVISION PLAT NAME RESERVATION [County Surueyors Office: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are required to complete and file a subdivision plat naming request with the Washington
County Surveyor's Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
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 policv is to applv those system
development credits to the first buildina permit issued in the develoqment (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an no es canno cover a o e requiremen s an aspects re a e o
site planning that should ap ply to the development of your site plan. Failure of the staff to provide
information required b the Gode shall not cons�itute a waiver of the applicable standards or requirements.
It is recommended tha�a prospectiye applicant either obtain and read the Community Development Code or
ask any questions of Cit staff relative to Code re uirements prior to submittin an a plication.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
PREPARED BY: �� � E�L
[ITY OF TIGARD PLAN ING DI N - STAFF PERSON HOLDING PRE-APP. MEETING
PHONE: 503-639-4171 FAX: 503-684-7291 X �7�a-
EMAIL•�(staN's firsc name)q�ci.tigard.or.us
�;�y C �� � �� - �;� . �,�
TITLE 18(CITY OF TIGARD'S (OMMUM�TY DEVELOPhi�NT CODE)INTERN�DDRESS: WWW.CI.tigard.01'.IIS
H:lpattylmasterslPre-App Notes Residential.doc Updated: 15-Dec-04
(Engineering section: preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residential ApplicationlPlanning Division Section
Pre-application notes for Koenig Minor Land Partition (MLP)
11329 SW North Dakota Street
1 l/07/2006
Proiect:
Three-lot minor land partition
General Timeframe:
• Submit application
• Staff conducts up to 30-day completeness review
• When complete, staff conducts 5-6 week review. Review period includes the
following:
o Notification of proposal to neighbors and affected agencies
0 2-week comment period
o Staff findings and decision
o Notification of decision to neighbors and affected parties
• Appeal period is 2 weeks following date of decision (decision final unless
appealed)
How to Begin:
• Read "Land Partition Information Bulletin" in your folder
• Review"Land Use Permit Application" form, including`Basic Submittal
Requirements""
• Review"Land Use Application Checklist"
• Review"Public Facilities Plan Checklist"
• See Code Chapter 18.420, including 18.420.050 "Approval Criteria." Use this
chapter to guide your narrative.
• See Pre-Application notes for other applicable Code Chapters to include in your
narrative. Review those code chapters thoroughly rather than rely solely on the
Pre-Application notes.
• Use checklists to verify you have all the submittal reyuirements.
• To see an example of a Minor Land Partition, request MLP2005-00006 Pac Rim
Properties Partition. Call Lora Garland in the Records Department (503-718-
2483).
Additional Notes:
Trees:
• Certified arborist report is necessary
• Any tree on neighboring property that overhangs onto subject site shall be
identified in the tree plan and protected with fencing.
Variance:
• Requesting administrative variance to minimum lot size of 7,500 square feet in R-
4.5 zone. Use approval criteria in 18.370.O10.0 to show that you qualify for a
variance to Table 18.�10.2 (Minimum Lot Size). You must provide evidence you
qualify for a variance.
Prepared by: Emily Eng
Assistant Planner
City of Tigard
r _�
Emily Eng
From: GARY DARLING [GID@DLENG.NET]
Sent: Monday, February 04, 2008 3:19 PM
To: Emily Eng
Subject: RE: Tigard - North Dakota Partition
Thanks Emily,
I will address those changes.
GAry
-----Original Message-----
From: Emily Eng [mailto:Emily@tigard-or.gov]
Sent: Monday, February 04, 2008 3:15 PM
To: 'GARY DARLING'
Subject: Tigard - North Dakota Partition
Gary,
I received your submittal for conditions for the Berg Partition on SW North Dakota Street
(MLP2007-00010) . Thank you for including a cover letter.
Below is a list of necessary revisions for your submittal:
Condition 1
While some of the conditions of approval regarding trees have been copied to the Tree
Protection Plan (sheet C1.2), there is no note on the Tree Plan that specifically says "Tree
fencing shall not be moved without the permission and supervision of the Project Arborist."
Condition 2
This condition says tree fencing shall be 6-foot high and chain link. The plan indicates
orange tree fencing, which is no longer permitted.
Condition 4
The cover letter doesn't address this condition to revise the lot area of Lot 1. However,
the plan shows Lot 1 has been revise to 11,242 sf. Is this correct? If so, this condition
is MET.
Condition 5
MET
Condition 6
Species of street tree & spacing is suitable. However, additional street tree should be
planted along the existing home's frontage on North Dakota Street within the property line.
Condition7
For Lots 2 & 3, clear vision triangle should be drawn from the centerline of the driveway,
not the house. The tree placement indicates driveways will be on the east side of those
lots.
Please let me know if you have questions.
Thanks,
Emily
1
Jan. 15, 2008
DESIGN GROUP INC.
To: Ms. Emily Eng
City of Tigard Planning Department
13125 SW Hall Blvd.
Tigard,OR 97223
From: Gary Darling
DL Design Group, Inc.
Re: North Dakota Partition
Dear Emily:
The following is thc writtcn response to planning comments dated 12/7/07.
Condition 1
The iree protection plan has been revised to indicated that the protection fence shall not be moved without the
permission of the project arborist�
Condition 2
The tree protection plan shows tree preservarion fencing as approved in the preliminary plat phase as well as the
appropriate notations listed in CondiUon 2.
Condition 5
Lots 2 and 3 show 20 foot front setbacks. We will be applying for an adjustment to 15 feet for the front setback.
Condition 6
The species of the proposed street tree is now shown. A new street tree is now shown within the property on North
Dakota Street.
Condition 7
The vision clearnance triangles for Lots 2 and 3 have been revised in accordance with the front setbacks being
situated at 20 feet.
Condition 10
A construction parking plan has been added.
Sincercly,
�
Gary D mg,P
DL Desi oup, Inc.
9045 SW Barbur Boulevard, Suite 101 ♦ Portland, Oregon 97219 ♦ Phone: 503.225.1679 ♦ Fax: 503.246.2094
�oS� �,�� . .
� r V � �
�� 'v�l1ri�� �'1•6�`�
DESIGN GROUP INC. �� 1 7 2U���
. , �d�AR� TRANSMITTAL
9045 SW Barbur Boulevard, ��9,,=,�„lM���f{
Portland, Oregon 97219 -
(503) 225-1679
Fax: (503) 246-2094
To: City of Tigard - Planning Date: 1/17/08
Attn: Emily Eng Project: SW North Dakota Partition
13125 SW Hall Blvd
Tigard, OR 97223 DLENG#: BER001
From Gary Darling Case/File#:
Transmitting: Via: For Your:
❑x Attached ❑ Mail ❑Review&Comment
O Separate Cover 0 Rose City Messenger Service 0 As Requested
O Number of Pages Including Cover 0 Delivered by: 0 Information/File
Co ies Descri tion
1 Full size set of revised lans
1 Res onse letter
COMMENTS:
Signed: �"�;��,�<lt % � v ,� '
March 10,2008
DESIGN GROUP INC.
To: Ms. Emily Eng
City of Tigard Planning
13125 SW Hall Blvd.
Tigard,OR 97223
From: Gary Darling
DL Design Group, Inc.
Re: Berg Partition—North Dakota
Dear Emily
We have addressed the email comments dated February 4 as well as the email comments from Todd dated February
7,2008.
�T) A note has been added to the trce protection plan that says that tree fencing must be moved only with
pernussion of arborist_
��,/1) A note has been added that the tree fencing sUall be chain link fence.
�3) Lot 1 has indced been revised t 11,242 SF� � �r'L�cS S F
4) An additional street tree has been added to the Lot 1 North Dakota frontage.
,jS� The vision clearance triangles at the driveways have been added for Lots 2 and 3.
City Forester Comments—From Feb. 7 email
�1) A strcet tree is now shown on the Lot 1 North Dakota frontage.
�2'j The tree fencing is now drawn per scale.
� The trees on the adjacent property are now shown to be preserved.
Si rely,
Darlin P
DL Design Group c.
9045 SW Barbur Boulevard, Suite 101 ♦ Portland, Oregon 97219 ♦ Phone: 503.225.1679 ♦ Fax: 503.246.2094
3/13/2008
�ACCEL/7 Conditions Associated With 3:54:28PM
Case #: MLP2007-00010
Cond ition tatus Updated
Code Title Hold Status Changed By Tag Date By
0001 REVISED TREE PRO-['ECT10N PLAN None Met 3/10/2008 EAE 3/13/2008 E�:AE
I. Prior to site work, the Project Arborist shall revise the trce protection program and/or the applicant shall revise the
site plan to indicate that the tree tencing shall not be moved without the permission and supervision of the Project
Arborist.
0001 INSTALL TREE PROTECT[ON None NOT MET EAE 11/1/2007 MSB
2. Prior to any site work the applicant shall install all proposed tree protection fencing as approved by the Project
Arborist. The fencing shall be 6-foot high chain link and inspected and approved by the City Arborist prior to beginning
any site work. The tree protection fencing shall remain in place through the duration of all of the building construction
phases, until the final inspection has been passed. After approval from the Ciry Arborist,the tree protection measures
may be removed.
Ifthe Builder is different from the developer or initial applicant:
Prior to issuance of building permits,the applicant shall submit site plan drawings indicating the location of the trees that
were preserved on the lot during site development, location of tree protection fencing,and a signature of approval from
the Project Arborist regarding the placement and construction techniques to be employed in building the structures. All
proposed protection fencing shall be installed and inspected prior to beginning construction. The fencing shall remain in
place through the duration of all of the building construction phases,until the final inspection has been passed. After
approval from the City Arborist,the tree protection measures may be removed.
0001 FINAL CERT FROM PROJ ARBORIST None NOT MET EAE 1 1/13/2007 MSB
27. Prior to a final inspection,the Project Arborist shall submit a final certification indicating the elements of the Tree
Protection Plan were followed and that all remaining trees on the site are healthy,stable and viable in their modified
growing environment.
0001 FINAL PLANNING INSPECTION None NOT MET EAE 11/13/2007 MSB
28. Prior to a final inspection, a member of the planning staff will visit the site to ensure that the development is in
conformance with this decision.
0001 BI-WKLY ARBOR[ST REPORTS None NOT MET EAE 1 1/1/2007 MSB
3. The Project Arborist shall submit written reports to the City Arborist at least once every two weeks, from initial tree
protection zone(TPZ)fencing installation through the building construction phases,as he/she monitors the construction
activities and progress. This inspection will be to evaluate the tree protection fencing,determine if the fencing was
moved at any point during construction,and deterrr►ine if any part of the Tree Protection Plan has been violated. These
reports must be provided to the City Arborist until the final inspection. The reports shall include any changes that
occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was
reduced then the Project Arborist shall justify why the fencing was moved,and shall certify that the construction
activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s).
If the reports are not submitted to the City Arborist at the scheduled intervals,and if it appears the TPZ's or the Tree
Protection Plan are not being followed by the contractor or a sub-contractor,the City can stop work on the project until
the Cit, Arborist and the Project Arborist can do an inspection.
0001 REVISE AREA OF LOT 1 None Met 3/10/2008 EAE 3/13/2008 EAE
4. Prior to approval of the final plat,the applicant shall revise the area of Lot 1 so that it shall be less than I.5 times the
minimum lot size(11,250 square feet)so that the lot width/depth ratio will not apply. Otherwise,the applicant shall
revise the depth of Lot 1 so that it is not more than 2.5 times the average lot width(see Section 18.810.060.A). The lot
area and dimensions for Lot 2 shall be revised accordingly.
0001 REVISE S[TE PLAN FOR LOTS 2& 3 None Met 2/4/2008 EAE 3/13/2008 EAE
5. The applicant shall revise the site plan to show that the minimum setbacks of the R-4.5 zone are met. In particular,
Lots 2 and 3 shall comply with minimum front and gara�e setbacks of 20 feet from the property line. The applicant may
also apply for an adjustment to 15 feet for the front setback; however the garage setback shall remain 20 feet.
0001 REVISED STREET TREE PLAN None Met 3/10/2008 EAE 3/13/2008 EAE
6. Prior to tinal �lat approval, tlie applicant shall revise the site plan to indicate the species of the proposed street trees.
The applicant shall also indicate a new street tree within the property line along SW North Dakota Street. All street trees
shall be chosen from the City's street tree list. Size and spacing of street trees shall be as stated in Code Section
18.745.040.C.2.
Page 1 of 4 CaseConditions..rpt
3/13/2008
�ACCEL/7 Conditions Associated With 3:54:28PM
Case #: MLP2007-00010
Condition tatus Updated
Code Title Hold Status Changed By Tag Date By
0001 REVISE VIS CLEAR 7RIAI�GLES None Met 3/10/2008 EA1�: 3 13 ?008 EAE
7. Prior to arrr�val �f the final plat, the applicant shall revise the visual clearance triangles for Lots 2 and 3 in
accordance with the conditioned front setback change to the required 20 feet. The applicant is hereby notified that no
branches can be lower than 8 feet from the ground for the tree on Lot 1.
0001 PFI PERMIT IS REQUIRED None NOT MET KSM 11/1/2007 MSB
8. A Public Faciliry Improvement(PFI)permit is required for this project to cover the public sidewalk and any other
work in the public right-of-way. Six(6)sets of detailed public improvement plans shall be submitted for review to the
Engineering Department. NOTE:these plans are in addition to any drawings required by the Building Division and
should only include sheets relevant to public improvements. Public Faciliry Improvement(PFI)permit plans shall
conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the Ciry's web
page(www.tigard-or.gov).
0001 PFI MUST INCLUDE RESPONS PARTY None Met 12/24/2007 AED l2/24/2007 AED
9. The PFI permit plan submittal shall include the exact legal name,address and telephone number of the individual or
corporate entity who will be designated as the"Permittee", and who will provide the financial assurance for the public
improvements. For example, specify if the entity is a corporation, limited partnership, LLC,etc. Also specify the state
within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide
accurate information to the Engineering Department will delay processing of project documents.
0001 PFI PHASE PARK[NG PLAN None Met 1/24/2008 AED 1/25/2008 AED
]0. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The
purpose of this plan is for parking and traffic control during the public improvement construction phase.
0001 HOME BLD PHASE- PARKING PLAN None NOT MET KSM I 1/13/2007 MSB
1 1. The City Engineer may determine the necessity for,and require submittal and approval of,a construction access and
parking plan for the home building phase. If the Ciry Engineer deems such a plan necessary,the applicant shall provide
the plan prior to issuance of building permits.
0001 PAY ADDRESSING FEE None NOT MET KSM 11/13/2007 MSB
12. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart,
Engineering).
0001 ELLSON LANE HALF-ST IMP PLAN None Met 2/7/2008 AED 2/7/2008 AED
13. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement permit,which indicate that they will construct a half-street improvement along the frontage of Lots 2 and 3
on SW Ellson Lane. The improvements adjacent to this site shall include:
A. City standard pavement section for a Local street from curb to centerline equal to 24 feet;
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the
site frontage;
C. concrete curb,or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff;
E. 5 foot concrete sidewalk with a 5 foot planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping and"NO PARKING" signs;
f[. streetlight layout by applicant's engineer,to be approved by City Engineer;
I. underground utilities;
J. street signs(if applicable);
K. driveway apron(if applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW Ellson Lane in a safe manner,as approved by the
Engineering Department.
0001 FOREST LN - HALF ST IMPROV PLAN None Met 2/7/2008 AED 2/7/2008 AED
Page 2 of 4 CaseConditions..rpt
3/13/2008
�-ACCEL/� Conditions Associated With 3:54:28PM
Case #: MLP2007-00010
Cond ition tatus Updated
Code Title Hold Status Changed By Tag Date By
I�l. �l�h�aE�plicant shall submit con�tructi�m plans to thc E:n��incerin�� [)epartment a�a part �,i�thc Puhlic Facilit�
lmprovement permit, indicating that they will construct the following trontage improvements along SW Forest Lane as a
part of this project:
A. eyebrow corner, 5-foot concrete sidewalk with 5 foot planter strip;
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout by applicant's engineer,to be approved by City Engineer; and
D. driveway apron(if applicable).
0001 PROFILE OF ELLSON LANE None Met 12/24/2007 AED 12/24/2007 AED
15. A profile of SW Ellson Lane shall be required,extending 300 feet either side of the subject site showing the existing
grade and proposed future grade.
0001 RESTR COV FOR NORTH DAKOTA ST None NOT MET KSM 1 1/13/2007 MSB
16. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
improvements of SW North Dakota Street adjacent to the subject property,when any of the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local
Improvement District,
B. when the improvements are part of a larger projcct to be financed or paid for in whole or in part by the Ciry 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.
0001 SHOW EXTENSION OF PUB WTR LINES None Met 1/24/2008 AED 1/25/2008 AED
17. Any extension of public water lines shall be shown on the proposed Public Facility Improvement(PFI)permit
construction drawings and shall be reviewed and approved by the City's Water Deparhnent,as a part of the Engineering
Department plan review. NOTE: An estimated 12%of the water system costs must be on deposit with the Water
Department prior to approval of the PFI permit plans from the Engineering Deparhnent and construction of public water
lines.
0001 EROSION CONTROL PLAN None Met 1/24/2008 AED l/25/2008 AED
18. An erosion control plan shall be provided as part of the Public Facility Improvement(PFI)permit drawings. The
plan shall conform to the"Erosion Prevention and Sediment Control Design and Planning Manual, February 2003
edition."
0001 FINAL GRADING PLAN None Met 1/24/2007 AED 1/25/2008 AED
19. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the
provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to
the street or a public storm drainage system approved by the Engineering Department. For situations where the back
portions of lots drain away from a street and toward adjacent lots,appropriate private storm drainage lines shall be
provided to sufficiently contain and convey runoff from each lot.
0001 STATE PLANE COORD ON PLAT None Met 3/10/2008 KSM 3/]0/2008 BRS
20. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global
positioning system (GPS)geodetic control network(GC 22)as recorded in Washington Counry survey records. These
monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary.
Along with the coordinates,the plat shall contain the scale factor to convert ground measurements to grid measurements
and the angle from north to grid north. These coordinates can be established by:
" GPS tie networked to the City's GPS survey.
" By random traverse using conventional surveying methods.
0001 FINAL PLAT REQUIREMENTS None NOT MET KSM 2/19/2008 MSB
Page 3 of 4 CaseConditions rpt
, 3/13/2008
�-ACCEL/� Conditions Associated With 3:54:28PM
Case#: MLP2007-00010
Condition Status Updated
Code Title Hold Status Changed By Tag Date By
?1. I�inal Plat Application Submissiun Requirements:
A. Submit for Ciry review four(4)paper copies of the final plat prepared by a land surveyor licensed to practice in
Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee(Contact Planning/Engineering Permit Technicians,
at(503)639-4171,ext. 2421).
C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes
(ORS 92.05), Washington County,and by the City of Tigard.
D. The right-of-way dedication for SW Ellson Lane(46 feet from centerline)and the additional right-of-way for the
eyebrow corner on SW Forest Lane shall be made on the final plat. The right-of-way dedication shall include the
required corner radius.
E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the
Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's
surveyor.
F. After the City and County have reviewed the final plat,submit two mylar copies of the final plat for City Engineer
signature(for partitions),or City Engineer and Community Development Director signatures(for subdivisions).
0001 DEED RESTRICTION FOR TREES None NOT MET EAE 11/13/2007 MSB
22. Prior to receiving a building permit,the applicandowner shall record a deed restriction to the effect that any existing
tree greater than 12" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The
deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should
either die or be removed as a hazardous tree.The form of this deed restriction shall be subject to approval by the
Director.
0001 PHOTOMYLAR COPY OF PLAT TO CITY None NOT MET KSM 1 1/13/2007 MSB
23. Prior to issuance of building permits,the applicant shall provide the Engineering Department with a"photomylar"
copy of the recorded final plat.
0001 AS SUILTS OF PUBLIC IMPROVEMENTS None NOT MET KSM 11/13/2007 MSB
24. Prior to issuance of building permits,the applicant shall provide the City with as-built drawings of the public
improvements as follows: 1)3 mil mylar,2)a diskette of the as-builts in "DWG" format, if available;otherwise "DXF"
will be acceptable,and 3)the as-built drawings shall be tied to the City's GPS network. The 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).
0001 UG UTIL[TY LINES/PAY FEE None NOT MET KSM 1 1/l3/2007 MSB
25. The applicant shall either place the existing overhead utiliry lines along SW North Dakota Street underground as a
part of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the
site that is parallel to the utility lines and will be$35.00 per lineal foot. If the fee option is chosen,the amount will be
$2,310.00 and it shall be paid prior to issuance of building permits.
0001 PAY WTR QUAL& QUAN/LOTS 2& 3 None NOT MET KSM 1 1/13/2007 MSB
26. During issuance of the building permit for Parcels 2 and 3,the applicant shall pay the standard water quality and
water quantiry fees per lot(fee amounts will be the latest approved by CWS).
Page 4 of 4 CaseConditions..rpt
07/31/2008 14:43 56? ��6-2094 DL DESIGN G� ' INC PAGE 01/02
, `
�R�CEIVED
JUL 31 2008 _
CITY OF TI��ON
� R!'�II nl^�G D1
DESIGN GROUP INC,
FAX COVER SHEET
?0700 SW Bvrtn-Hi!lsdale Hwy Sfe 655
Beaverton, OR 97005
V 503.644.4628
F 303.644.8985
Em�il: de dleng.net Faxed by: M�lanie
To City of Tigard � From � Don Pettijohn '
; Att' ention Todd Prager ' Date July 31, 2408
Fax Number 503.598:'l96U R�egardiny Arborist Report �
� I'roject I�orth E7akota ST. DL.Job# BER001
�
Number of Pages Including Cover Sheet: 2
CC: DOUO BEFiRYHILL CONST 503 628 3950
� �_-' , � C��^, 1+2�
' C��Oh�p�Sel�t �1�� Qv
I:\FbRNtS\OFFICE FORMS1DLfax(revised 6 19 08).doc
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Todd Prager
From: Todd Prager
Sent: Friday, August 01, 2008 11:26 AM
To: 'dianeberryhill@verizon.net'
Cc: kayk@tclu.com; GARY DARLING; AI Dickman; Maris Buxton; Cheryl Caines
Subject: Tree Protection at the Berg Partition (North Dakota Street)
Dear Diane,
I reviewed the project arborist's report and agree that no tree protection fencing will be required during the public
improvements phase of this project due to the unique site characteristics. When public improvements are complete,
please have your project arborist send in a report detailing the status of the protected trees. Also, when house
construction begins on the lots,tree protection and biweekly reports will be required.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Todd Prager
City of Tigard
Arborist
503 718-2700
1
� RECEIVED 11/17/2008 12:13 503-246-2094 DL DESIGN GROUP INC
11I17/2008 13:20 5036351�'q TREE CARE UNLIMITFn. PAGE 02/02
�
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AR RIST R �RT
Subject: Fnal Tree Protectio� Certification Report
Address of the Repork: 11239 SW North Dakota 5t.
Tigard, �regon
Date of the Report: November 17, z008
R�p�rt Submitted To: David Berg
14297 S1N 133�d AVe.
Partland, OR 97,�24
ber k msn.com
Summary
Necessary elements of the tree protection plan For this site were followed during the course af work
for this ph�se. Protected trees on this site appe�r to be in good condition at this time. These trees
are all on the lat with the exlsting house� nearest to North Dakota St. where no canstruction ackivity
took place. There were no trees on site on the two I�ts where development wark in the form a
street extension and assflciaCed utility improvements took plaee. Nearby unpr�tected trees on
neighboring properkies appear tv be in good condition at this time also. The tree pratection fence
separdting the Iot nearest to Norkh Dakota St. and the two parGeled lats was still on site at the time
of this inspection. ,
Sincerely
,
nyon
T e Care & i..ands�apes Unlimited, Inc.
Certified Arborist by the Intemation�l
Saciety of Arboricvlture, Lic #PN-0409
Resldential and Commerclal Spraylnp.Fertllizing.Pruning•Lanclstape tnskallation•Landscape MalnCenance•ConsultaCion
MEMBER� Tr2B Care lndu5try Assoctatlon•IntemaClO�BI 5ociety pf ArboriCUl[Ure•Oregon Landscape Canttactors Assoc.
SCate Llcensed 7ree Servlce#62635•landscape Co�CracCOr#5659►Chemicel ApplicatioFl C�DO0231•Insured
P•0• 9vx 1566�I,,ake Oswego, OR 97035.5p3-635-3165•Vancouver 360-73�-2b46•Fax 503-635-1549
Vlsit ovr webslte aC www.tcfu.com.E-mall; Info[a�ttlu.com
. ?
Washlnr '�unty,Oregon 2008-096812
12J04le ,:02:30 PM
D•IRUL CM■1 Stn■24 RECORD81
After Recordin� Send A Copy To: 55.00 55.00 511.00•Total=sz�.00
��_ �'. g /L�..� (,� .� e�^ J
-���w ����«� L��. p,C� . (3vx 2��s� 3
���_���_���_3 i y � Q�� .7 2��� 01311079200800968120010011
� �y. � I,Rlchartl Hob�mlcht,Dlryctor Of A�wnm�nt antl .'ia4
T�Yatlon�nd E:•ORiclo Counry CI�rM Tor Wuhlnpton .
Caunty,Onqon,do h�r�by c�rtl/y that th�wlthln � ��°
File No.: MLP2007-00010 In�trum�nt ot wrltlnp wu nnlv�d�nd n oro�d In th�`�,�:'
bookotr�cord�ot��Idcou/py�������� 4AF��� ��Y�����.� �
�'�'"�" /aID�'V�YkC/Lt t• •!�°r
Rlchard Hob�mlcht,Dinctor of Anmmmt and
T�a�tlon,Ex-0Mclo County G�rk
TREE RESTRICTIVE COVENANT
DEED RESTRICTION
Declarant is the owner of property described as Lot 1 of Partition Plat No.2008-038,
recorded as Document No. 2008051395
Declarant has preserved or retained trees over and across portions of said property in
accordance with the Conditions of Approval of said plat. Any such preserved or retained tree
may be removed only if the tree dies or is hazardous according to a certified arborist. This
deed restriction may be removed or will be considered invalid if all trees preserved in
accordance with this section should either die or be removed as hazardous.
THIS AGREEMENT shall be deemed a Covenant running with the land and is
binding upon the owners of property described as Lot 1 of Partition Plat No.2008-038,
recorded as Document No. 2008051395 Washington County, Oregon and their successors
and assigns.
IN WITNESS THEREOF, the Declarant has executed this agreement on that date and
year set forth below.
DECLARANT:
! �
�� (�� �`�l - �.c:�`, '
Ronald M. Koenig Pearl D. Koenig
STATE OF OREGON, COUNTY OF WASHINGTON
This instrument was acknowledged before me by��,�,g�� }-�, (.SoF�,� ��f,,�2La.
l�n�ra�C..
� �.
� n �
� ����
, �
ARY PUBL C — OREGON �,� �is on Expires 3 — Z� —ZO iO
COMMISSION NO.403358 �-o�n� �Ss �u--� g—X� t v e 5
MY COMMISSION EXPIRES MARCH 21,2C�0
p��ti,�z �� ri�Q5�� . _..
�
� ` Washingto� mry,Oregon 2008-096
12/04/200 12:30 PM 8�3
D•IRUL Cnt=7 8tn■2O RECORDSt
After Recordin� Send A Copy To: ss.00 ss.00 s��.00•roc�:sz�.00
Dave & Kathy Berg
14297 SW 133`d Ave.
Portland, OR 97224 01311080200800968130010016
I,Richard Hob�mlcht,Dlnctor o!Au���m�nt�nd
T�zatlon�nd Ex-ORltlo County Cl�rk for Wuhlnpton .� 4 �
County,Onpon,do h�r�by urtlfy th�t th�withln ��-' ��
Imtrum�nt of wrltlnp wu nc�lwd�nd ncord�d In th�' ;�
File No.: MLP2007-00010 book of ntord�o}��Id cau/p�{������� V/ �y r,.,
l.�'�++.`�c" /tlFrO�'(/ulu.Gq,� �.,. '
Rlchud Hob�mlcht,Dlnctor o/A�ppmmt�nd '�
T�xatlon,ExdMelo County CI�M �
TREE RESTRICTIVE COVENANT
DEED RESTRICTION
Declarant is the owner of property described as Lots 2 & 3 of Partition Plat No.2008-
038, recorded as Document No. 2008051395
Declarant has preserved or retained trees over and across portions of said property in
accordance with the Conditions of Approval of said plat. Any such preserved or retained tree
may be removed only if the tree dies or is hazardous according to a certified arborist. This
deed restriction may be removed or will be considered invalid if all trees preserved in
accordance with this section should either die or be removed as hazardous.
THIS AGREEMENT shall be deemed a Covenant running with the land and is
binding upon the owners of property described as Lots 2 & 3 of Partition Plat No.2008-038,
recorded as Document No. 2008051395 Washington County, Oregon and their successors
and assigns.
IN WITNESS THEREOF, the Declarant has executed this agreement on that date and
year set forth below.
DECLARANT:
` �- � �
David L. Berg Kathy M. rg
STATE OF OREGON, COUNTY OF WASHINGTON
This instrument vvas acknowledged before me by"�F}J,� �.. �'rQlb �.aP fl`1 RTN-y M•
�a�2�
� � � .
���1 + ao�o
NOTARY PUBL C - OREGON ���1�iss n Expires
COAAMISSION NO.403358 �� ��5,��u.-� .3 -��' ��
MY CO�AMISSION EXPIRES MARCH 2 t,2^�^
- - — :-f2�C�ir�.S
�J�b�� /�-�4� .�,���
`P�o e.u�� o l � 363 .s�<' �/�.s o►1 L,v �
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:�INAL APPROVAL
�t��ri�,�o P��n��, REC�IUEp
Q'�G �"� 6.� �k( �����lC�4f ) Un�e� )
, ��°t��r�`� OATE����y � SEP 17 2009
��'"� CITY OF TIGARD
'�- BUILDI�lG DIVISION
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