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NOTICE OF TYPE II DECISION � V
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MINOR LAND PARTITION (MLP) 2007-00015 °
A AMI PARTITION
120 DAYS =4/25/2008
SECTION I. APPLICATION SLJMMARY
FILE NAME: AJAMI PARTITION
CASE NOS: Minor Land Partition(MLP) MLP2007-000]5
Adjustment (VAR) VAR2007-00048
PROPOSAL: The applicant is requesting approval to partition one 16,104-square foot (038-acre) lot into
two lots of 8,604 square feet and 7,500 s quare feet. The existing single-family home will be
retained on Lot 1 and a new single-family home will be built on Lot 2. The e�sting detached
garage will be removed and a new detached gara e will be built on Lot 1. The applicant is also
proposing a shared driveway on SW Pine Street �a collector) and has requested approval for an
Adjustment to the access/egress standards because the proposed shared driveway will not
meet the 200-foot spacing standard for driveways on a collector. The proposed shared
driveway is in the general location of the existing driveway and no new driveways are
proposed.
APPLIC.ANT/ APPLICANT'S
OWNER Hussein Ajami REP: Kurahashi and Associates
6028 N. Montana Avenue Attn: Greg Kurahashi
Portland, OR 97217 4470 SW Hall Blvd, Suite C
Beaverton, OR 97005
ZONING
DESIGNATION: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate
detached sin�le-f 'y homes with or without accessory residential units at a min;mlun lot size
of 7,500 square feet. Duplexes and attached single-farruly units are pernzitted conditionally.
Some civic and institutional uses are also pernzitted conditionally.
LOCATION: 10660 SW 71st Avenue;Washington CountyT�Map 1S136AD,Tax Lot 3700.
PROPOSED PARCEL 1: 8,604 Square Feet
PROPOSED PARCEL 2: 7,500 Square Feet
APPLICABLE
RE VIE W
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of T'igard Community Development Director's designee has APPROVED the
request for a parcition subject to certain conditions. The findings and conclusions on which the decision is based are
noted in Section V.
NOTTC� OF DEQSION ML.P2007-00015/AJAMI PARTTTTON PAGE 1 OF 21
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY
ONSITE IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION AND/OR
FILL ACI'IVITIES:
e app icant s contact or su mit e o owmg requirements to e ,
(503) 7I8-2700:
1. Prior to any site work, the applicant shall provide a revised tree plan that contains a sturunary table listing all
trees over 6 caliper-inches and identifying each tree that will.be retained or removed. Trees over 6 caliper-
inches to be removed shall be marked on the plans. Concerrung the 6 caliper-inch maple, the project arborist
shall deterrnule whether the tree needs to be removed or can be retained. If the tree will be retained,the project
arborist shall provide specific methods for the 6 caliper-inch maple's protecuon.
2. Prior to any site work,the applicant shall position fencing as directed by the project arborist to protect the trees
to be retained. All trees to be retained shall be protected with five or six (5° -_ 6) foot high chain link fences.
Fences are to be mounted on two inch diameter�galvacuzed iron posts driven uito the ground to a depth of at
least 2-feet at no more than 10-foot spacing. "Ihe applicant shall al�ow access by the City.Arborist for the
purpose.of monitoring and inspection of the tree protection to verify that the tree protecuon measures are
perforni,n adequately. Failure to follow the plan, or maintain tree protection, fencing in the designated
Iocations s�all be grounds for irnmediate suspension of work on the site until remediation measures and/or civil
citations can be processed.
If work is required within an established tree protection zone, the project arborist shall prepare a proposal
detailin�the construction techniques to be employed and the likely impacts to the trees. The proposai shall be
revieare and approved by the C.�ty Arborist before proposed work can proceed within a tree protection zone.
The Ciry Arborist may require changes prior to approval. The project arborist shall be on site while work is
occumng within the tree protection zone and submit a swiunary report cert�fying that the work occurred per
the proposal and will not significantly impact the health and/or stability of the trees.
3. From initial tree protection .zone ('TPZ) .fencing installation through the building construction.phases, the
applicant shall haye an on-goulg responsib�lity to ensure that the Pro1ect Arborist has submitted wntten reports
to the City Arbonst, at least once every two weeks, as the Project Arborist monitors the construction activities.
The reports shall evaluate the condition and location of.the tree protection fencin determine if any changes
occurred to the TPZ, and if any part of the Tree Protection Plan has been violated�f the amount of TPZ was
reduced then the Project Arborist shall certify that the construction activities did not adversely impact the
overall joug-tenn health and stability of the tree(s). If the repons are no� subrnicted to the Cit Arbonst at the
schedu�ed intervals, and if it appears.the TPZ's or the Tree Protecuon Plan are not,being �ollowed by the
contractor or a sub-contractor, the,Caty can stop work on the project until an inspection can be done by the
City Arborist and the Project Arbonst.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s a prepare a cover etter an su mit it, a on wi any suppomn ocuments an orp ans
that address the following requirements 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 final plat approval, the applicant shall revise the site plan to show the area of Lot 1 after right-of-way
(RO� dedication.
5. Prior to final plat approval, the applicant shall submit a street tree plan indicating the species, size and spacing
of street trees. Size and spacing�shall comply with Section 18.745.040.C2. To uicrease street tree diversiry,the
application shall consider providing different tree types for the street trees along SW 71st Avenue and SW Pine
Street. Street trees shall be on the Tigard Street Tree List. NOTE: It is acceptable for the applicant to include
a note on the street tree plan that slight variations in placement may be required due to dnveways, uulities,etc.,
but every attempt will be made to keep the same net number of street trees that are shown on the plans.
NOTIC�',OF DEQSION MLI'2007-00015/AJANII PARTITTON PAGE 2 OF 21
The a plicant shall pre are a cover letter and submit it, along with any supp oiting documents and/or plans
that address the }ollowin requirements to the ENGINEERING DEPARTMENT, ATTN: XIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall clearly identify where in the submittal the
required inforrnation is found:
6. A Public Facility Improvement (PFI) pernzit is required for this pro'ect to cover the public sidewallc,street trees
and any other work in the public right-of-way. Six (6) sets of �etailed public unprovement plans shall be
submitted for review to the Enguieeru�g Department. NOTE: these plans are in addition to any drawings
required by the Buildin Div�sion and should only include sheets relevant to public improvements. Publ�c
Fac�ty Improvement �'FI) pernut pla��ns shall conform to City of Tigard -1'ublic Improvement Design
Standards,which are available at CityHall and the Cit�s web page (wvvw.tigard-or.gov).
7. The PFI pernut plan submittal shall include the exact legal name, address and tele�phone number of the
individual or corporate entity-who will be designated as the "Pernuttee", and who wiIl provide the financial
assurance for the public unprovements. For example, specify if the entiry is a corp oration, luruted partnership,
LL� etc. Also spec�fy the state withui which the entity is mcorporated and provide the name of the corporate
contact person. Failure to provide accurate inforn�ation to the Engineenng Department will delay processing
of project documenu.
8. 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.
9. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CX�NI'ACT: Bethany Stewart,
Engineerin�.
10. The applicant shall submit construction plans to the En�ineering Department as a part of the Public Facility
Improvement perinit, indicating that they will constnu:t the followuig frontage unproveinents along SW Pine
Street as a part of th�s project:
A 6-foot concrete sidewalk at ultimate location;
B. street trees in the planter strip spaced per TDC requirements;
G streetlight layout by applicant's engineer,to be approved by City Engineer;and
D. drivewayapron (if apphcable).
11. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement pernut, indicating that they will constn.ict the followuig frontage improvements along SW 71st
Avenue as a part of th�s project:
A. 5-foot concrete sidewalk with planter strip;
B. street trees in the planter strip spaced per TDC requiremenu;
G streetlight layout by applicant's enguieer,to be approved by City E ngineer; and
D. driveway apron (if appIicable).
12. A profile of both SW Pine Street and SW 71st Avenue shall be required, along the frontage of the subject site
showing the e�vsting grade and proposed future grade in order to deternvne the sidewalk placement at ultunate
grade.
13. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
imp rovements of SW Pine Street and SW 71st Avenue ad�acent to the sub�ect properry, when any of the
foIlowing events occur:
A. when the improvements are part of a larger project to be financed or paid for by the forn�ation of a
Local Improvement D�stnct,
B. when the unprovements are part of a larger project to be financed or paid for in whole or in part bythe
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 unprovements by others adjacent to the sub�ect site.
NOTTC�OF DEQSION MLI'2007-00015/AJAMI PARTTTION PAGE 3 OF 21
14. Lors 1 and 2 shall not be permitted to access directly onto SW Pine Street, except at the approved shared
access. A non-access reserve stnp shall be recorded on the final plat for the remainder of the SW Pine Street
frontage. In addition, Lot 1 shall not be pernutted direct access to SW 71st Avenue. A non-access reserve strip
shall be recorded on the final plat for the entire SW 71st Avenue frontage.
15. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed shared
driveway will be�ointly owned and mamtained by the pnvate propeny owners who abut and take access f rom it.
16. The applicant shall obtain a proval from the Tualatin Valley Water District for the proposed water connection
prior to�ssuance of the Cit�s Public Facility Improvement pernut.
17. An erosion control plan shall be �rovided as part of the Public Faciliry Improvement (PFI)�perniit drawings.
The plan shall contorm to the Erosion Prevention and Sediment C:ontrol Design and 1'laruung Manual,
Febn�ary 2003 edition."
18. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global
pos�tiorung system (C�PS�geodetic control network(GC 22) as recorded in Washington County survey records.
These monuments shall e on the same line and shall be of the same prec�sion as required for the subdrvision
plat boundary. Along with the coordinates, the plat shall contaui the scale factor to convert ground
measurements to grid measurements and the angle from north to grid nonh. These coordinates can be
established by:
. GPS tie networked to the Cit}�s GPS survey.
. By random traverse using conventional surveying methods.
19. Final Plat Application Submission 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 narrauve.
B. Attach a check u�the amount of the current final plat review fee (Contact Plar�rung/Engineering Pemiit
Technicians,at (503) 639-4171,ext.2421).
C. The final plat and data or namative shall be drawn to the minimum standards set forth bythe Oregon
Revised Statutes (ORS 92.05) Washington County, and by the City of Tigard.
D. The right-of-way dedication for the corner radius at the intersection of Pine Street and 71S`Avenue shall
be made on the f inal plat.
NOTE: Washin on County will not begin their review of the final plat until they receive notice from
the Engineering �epartment indicatuig that the City has reviewed the final plat and submitted
comments to the appIicant's surveyor.
F. After the City and C:ounty have reviewed the final plat, submit one my1ar copy of the final plat for Ciry
Engineer signature (for partitions), or City Engineer and Community llevelopment Director signatures
(for subdiv�sions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF SITE OR BLJILDING PERMITS:
e app icant s prepare a cover etter an su mit it, a ong wi a�ny suppomn ocuments an or p ans
that address the folIowing re uirements to the CITY ARBORIST, TODIS PRA�ER (503) 718-2700. The
cover letter shall clearly�dend y where in the submittal the reyuired information is found:
20. If the Builder is different from the Developer or initial applicant:
Prior to a building permit, the applicant shall submit a site plan drawing indicatin the location of trees that
were preserved on the lot dunng site development. In addition,the plan shall inclu�e accurate locations of tree
canopy dnplules and protection fenculg, and a signature of ap roval from the project arborist regarding the
�lacement and construction techniques to be employed u-i b�ding the structures. All prop osed protection
encing shall be installed and inspected prior to commencing construcaon. The fencui shall reinaui in place
through the duration of all of the builcfing constnzction phases, until the Certificate o�Occup ancy has been
approved. Pnor to final inspection for each lot,the applicant shall submit a final report bythe Pro�ect Arborist
cert�fyuig the health of protected trees and that the street trees were properly planted per the approved street
tree plan. Tree protecuon measures may be removed and final inspection authonzed upon review and approval
by the City Arborist.
NO7TC� OF DEQSION MLP2007-00015/AJANII PARTTTTON PAGE 4 OF 21
21. Prior to buildin permits, the applicant/owner shall rccord deed restrictions to the effect that any existing tree
gr�eater than 6" �iameter may be removed only if the tree dies or is hazardous according to a cert�fied arborist.
The deed restriction may be removed or will be considered invalid if a tree preserved u1 accordance with this
decision should either die or be removed as a hazardous tree.
The applicant shall prepare a cover letter and submit it, alon with any suppoitin documents and/or plans
that address the }ollowing requirements to the ENG�EERING DEP�TMENT, ATTN: XIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall cleady identify where in the submittal the
required information is found:
22. Prior to issuance of building pernuts,the applicant shall provide the Engineering Department with a paper copy
of the recorded f inal plat.
23. The City Engineer may detern�ine the necessity for,and require subnuttal and approval of,a construction access
and parkuig plan for the home building hase. If the CatyEngineer deems such a plan necessary, the applicant
shall provide the plan prior to issuance o�bu�ld�ng permirs.
24. Prior to issuance of building pernzits�he �pplicant shall provide the CitY with as-built drawings of the public
im�provements as follows: 1) 3 mil m ar 2 a diskette of the as-builts in`DWG" fom�at,if available; othervv�se
"L)XF" will be acceptable, and 3) the as-�uilt drawin�gs shall be tied to the Cit�s GPS network The applicant's
engineer shall provide the Cary anth an electronic file with points for each structure (manholes, catcl� basins,
water valves hydrants and other water system features) in the development, and their respective X and Y State
Plane Coorc�inates,referenced to NAD 83 (91).
25. The applicant shall either place the existing overhead utility lines along SW 71st Avenue underground as a part
of this project,or theyshall paythe fee in-�ieu of undetgrounduig. The fee shall be calculated bythe frontage of
the site that �s parallel to the utiliry lines and will be $35.00 per lineal foot. If the fee option �s chosen, the
amount will be$2,975.00 and it shall be paid prior to issuance of builduig pern�uts.
26. Durin�g issuance of the building perniit for Parcel 2, the applicant shall pay the standard water quality and water
quanutyfees per lot (fee amounts will be the latest approved byCWS).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL INSPECTION:
e app icant s prepare a cover etter an su mit it, a ong wi a�ny supportin ocuments an or p ans
that address the following re uirements to the CITY ARBORIST, TODI3 PRA�ER (503) 718-2700. The
cover letter shall clearly ident�fy where in the submittal the required information is found:
27. Prior to a final inspection, the Pro�ect Arborist shall submit a final certification indicatin,g�the elements of the
Tree Protection Plan were followe�and that all remaining trees on the site are healthy,stable,and viable in their
modified growing environment.
The applicant shall contact the CLJRRENT PLANNING DIVISION,ATTN:EMILY ENG 503-718-2712:
28. Prior to a final inspection, a member of the planning staff will visit the site to ensure that the development is in
confor�nance with this dec�sion.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) M�NTHS OF THE
EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION
OF THIS DECISION.
NOTIC�OF DEQSION MLI'2007-00015/AJAMI PARTITTON PAGE 5 OF 21
SEC'I'ION III. BACKGROUND INFORMATION
Site Inforn�ation and I�'isto .
e propose site is ocate at the corner of SW 715t Avenue and SW Pine Street, �ust north of I�i�hway 99W. The
surroundulg area �s mostlysin le-family, with multi-familyhousing closer to 99W. �mmercial deve opment �s u� the
viciniry and on 99W. The su�ject prope�rty has an existulg single-family house and detached garage with trees along
the western and eastern boundaries. �lhe property slop es down from the northwest to the southeast. There are
overhead utiliry lines along the propert}�s frontage on S�(/ Pine Street. While the existing house fronts on SW 71S`
Avenue, the e�c�sting vehicle access �s on SW Pine Street. There have been no previous land use decisions related to
the subject property.
Pro�osal:
The applicant is requesting a�pp roval to panition one 16,104-s qu�are foot (0.38-acre) lot into two lots of 8,604 square
feet and 7,500 square feet. The e�sting sing le-family home will be retained on Lot 1 and a new single-family home
will be built on Lot 2. The e�stin�detached garage w�.11 be removed and a new detached garage will be bu.ilt on Lot 1.
The applicant is also proposing a shared dnveway on SW Puie Street (a collector) and has requested an adjustment to
the access/egress standards because the proposed shared driveway will not meet the 200-foot spacing standard for
driveways on a collector. The proposed shared dnveway is in the general location of the existing dnveway and no new
driveways are proposed.
SECTION IV. PUBLIC COMMENTS
Staff sent notice to all propertyowners within 500 feet of the subject propertyand received l letter(see land use file).
Brant and Karen Blod�ett live on SW 69�'Avenue and wrote of their concerns about dailytraffic congestion and noise.
They are opposed to the proposed partition, stating that "adding more homes in such a small area is in no way`good
f or our neighborhood.'"
RESPONSE: These comments do not address the code criteria. The code allows for the addition of 1 single-farruly
unit as long as the approval criteria and applicable code provisions are met.
SE CTION V. APPLIC.ABLE RE VIE W CRITE RIA AND FINDINGS
Land Partitions (18.420�
Approval Criteria (18.420.050.A):
l. The proposed partition complies with all statutory and ordinance requirements and regula�ions;
The proposed partition complies or can be made to comply with all statutory and ordinance re quirements and
regulations as demonstrated by the analysis contained within this admin�strative decision. Provided aIl conditions of
approval are satisfied as part ot the development and bui.lding process,this criterion is 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 cnterion is met.
3.All proposed improvements meet City and applicable agency standa�is; 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 pernzit process and duc7ng construction, at which time the appropriate review authority
will ensure that Caty and applicable agency standards are met. Based on the analysis in th�s decision, th�s criterion �s
met.
NOTTC�OF DEQSION MLI'2007-00015/AJAMI PARTTTTON PAGE 6 OF 21
4. All proposed lots confom�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 buildin envelope area for proposed Lots 1 and 2 is 84.86 feet and 88.39 feet, respectively.
Therefore,the standard of�0 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 areas for Lots 1 and 2 are 8 604 square feet and 7,500 square feet,respectively. Therefore, all parcels meet the
required nununum of 7,500 square feet. Neither lot is a flag lot.
A small amount of ri�ht-of-way(less than 100 square feet) is required to be dedicated for the corner radius. This ROW
dedication will slight y reduce the area for Lot 1. The applicant shall revise plans to show the area of Lot 1 after ROW
dedication.
�c) Each lot created through the partition process shall fr+ont a public right-of-way by at least 15 feet or have a
egally recorded minimum 15-foot wide access easement
Lot 1 will have 186.18 feet on SW 715i Avenue and SW Pine Street. Lot 2 will have 88.39 feet of frontage on SW Pine
Street. Therefore, both lots will exceed the required frontage of 15 feet.
(d) Setbacks shall be as required by the applicable zoning district
Lots 1 and 2 meet the setback requirements of 20 feet front S feet side and 15 feet rear for unerior lots. As shown on
the site plan,the e�cisting home and new garage on Lot 1 wijl be within the pernzitted building envelope. The site plan
also shows that the proposed new home will be wit�un the pernlitted setbacks.
(e) When the pactitioned lot is a flag lot, the developer may deternune the location of the front yard, provided
that no side yard is less than 10 fee� Structures shall generally be located so as to maximize separat�on from
existing structures.
Neither proposed lot is a flag lot. Therefore,this criterion does not apply.
�� 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 abuthng lots and to provide usable outdoor recreation areas for proposed
development
Tl�vs standard is applicable to flag lots and does not apply to the proposed partition.
(g) The fire district may re quire the installation of a fire hydrant where the length of an accessway would have
a detrimental effect on fire-�ighting capabilities.
The fire district has not commented on the proposed access. Both lou will have direct access to a public street.
(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 partihon map.
A common drive is proposed and, as a condition of approval, the a-pplicant is required in Condition # 15 to put a
statement on the final plat that will ensure access and inauitenance rigFits. The applicant's narrauve acknowledges this
requirement.
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.
NO'TIC�OF DEQSION MLP2007-00015/AJAMI PARTTTION PAGE 7 OF 21
6. Where landfill and/or development is allowed within or adjacent to the one-hundred year flood�lain, the
city shall reguire considerat�on of the dedication of sufficient open land area for greenway ad�oirung and
within the tIoodplain. This area shall include po�tions 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 proposed partition is not adjacent to or in the one-hundred year floodpla.in. The nearest floodpla.in is about 1/2
mile away from the partiuon site. The highest elevation of the nearest floodplain is 170 feet. The lowest elevation of
the parnuon site�s 325 feet. Therefore,th�s critenon dces 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 paitition and variance(s)/adjustrnent(s)
will be processed concurrendy. �
The applicant has requested an adjustment to the access/egress standards because the proposed driveway on SW Pine
Street does not meet the 200-foot spaculg standard for dnveways on a collector.
FINDING: All approval criteria for the proposed partition have been met or can be met by satisfying
condiuons of approval.
GONDITTON: Prior to final plat approval, the applicant shall revise the site plan to show the area of Lot 1 after
ROW dedication.
Variances and Ad�ustrnents (18.370�
Section 18.370 provides the criteria for an adjustment to access and egress standards in Chapter 18.705:
The applicant proposes a shared driveway on SW Pine Street (a collector) and has requested an adjusunent to the
access/egress standards because it will not meet the 200-foot spacuig standard for driveways on a collector.
a. In all zoning districts where access and egress drives cannot be readily designed to conform to Code
standards witlun a patticular parcel, access wrth an adJ'o�ining property shall be considered. If access in
conjunction with another pa�el cannot reasonabl�y be achieved, tlie Director may grant an ad)'ustment to the
access requirements of Cha�ter 18J05 through a Type II procedure, as governed in Section 18.390.030, using
approval criteria contained in Subsection 2b below.
b. The Director may approve, approve with conditions, or deny a request for an adjustment from the access
requirements contamed m Chapter 18.705,based on the following critena:
(1) It is not possible to share access;
The applicant is already proposing a shared driveway between Lots 1 and 2. It is not possible to share access with
neighboring properties because they have already been developed,with homes and dnveways. Neither of the two
neighbonng properties has an e�sting dnveway in a location where it could be possible to share access with the subject
partition m a pracucal w�ay.
(2) There are no other altemative access points on the street in question or from another street;
There are no alternative access points on SW Pine Street or on SW 71S`Avenue where the shared drivewaywould better
satisfy the access spacing standard. A dnveway on SW 715C Avenue would be too close (within 30 feet) to the u�fluence
area of a collector uztersection (irururnum standard is 150 feet). The proposed location would be farther away(131feet).
(3) The access separation requirements cannot be met;
Access separation requirements cannot be met. The prop osed shared driveway is appro�cimately 131 feet east of the
intersecuon of Pine Street and SW 71st Avenue. In addition, there are three dnveways to the east of the proposed
driveway that are within 200 feet. There is no location along this frontage where the access spacuig standard can be
met.
NOTIC�OF DEQSION MLI'2007-00015/AJANII PARTITTON PAGE 8 OF 21
(4) The request is the minimtun adjustrnent required to provide adequate access;
The a �licant is proposing a shared driveway between the two lots on SW Pine Street. A driveway off the local street,
SW 7� Avenue,would be less Practical functionally and would be even closer(within 30 feet) to the influence area of a
collector intersection than would the proposed location (131 feet). The pro�posed shared driveway is in the general
location of the e�sting access. No new dnveways are being proposed. Therefore, the request �s the rrununum
adjustment required to provide adequate access.
(5) The approved access or access approved with conditions will result in a safe access; and
The proposed access will result in a safe access for the following reasons: 1) The proposed location is the fLUthest away
possble�131 feet) from the influence area of SW Pine Street and SW 71st Avenue while not becoming closer to other
ex�sting nveways to the east;2) Site distance can be met. The posted speed limit for both streets is 25 mph,,requirin a
minimum of 250 feet of sight distance. The project en ineer states that measured sight distance is approxunately 9�5
feet to the west of the access pouit and 665 feet to t�e east of the access point; and 3) As indicated below, v�sual
clearance will be met.
(6) The visual clearance requirements of Chapter 18.795 will be met
As shown on the site plan, visual clearance requirements will be met. The portion of the existing hedge in the visual
clearance triangle will be removed.
FINDING: The adjustment criteria have been met.
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
ft-4.5 Standa�ls Pa�el 1 (Existing Paree12
house with new Proposed
detached ara e
Muumum I.ot Size
- Detached unit 7,500 sq.ft. 8,604 sq.ft. 7,500 sq.ft.
Average Muumum I,o[Width
-Detached unit lots 50 ft. 84.86 ft. 88.39 ft.
Minimiun Setbacks
-Front yard 20 ft. 48 ft. 20 ft.
-Side yarzi 5 ft. 8 ft. 5 ft.
-Side comer yar•d 15 ft. 15 ft. NA
-Rear yard 15 ft. 16 fc. 15 fc.
-Disrance between ro e luie and front of ara e 20 f�. 20 ft. 20 ft.
Maxunum He� ht 30 ft. <30 ft Can be met
Accesso Structure 528 s .ft. all zones 432 s .ft. Not ro osed
FINDING: As shown in the comparison table, development standards have been met or can be met during
building plan review.
Access, Egress and Circulation(18.705�
Cha ter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site
and�or general ci�ulation within the site.
General Provisions (18.705.030):
Continuing obligation of p%perty owner. The provisions and maintenance of access and egress stipulated in
this tide are cont�nuing requirements for the use of any structure or parrel of real propeity in the City.
NOTIC�OF DEQSION MLI'2007-00015/AJAMI PARTITION PAGE 9 OF 21
Access plan requirements.
No building or other permit shall be issued until scaled plans are presented and�app roved as provided by this
chapter that show how access, egress and circulation requirements are to be fultilled. The applicant shall
submit a site plan. The Director shall provide the applicant with detailed information about this submission
requiremen�
The applicant has submitted a site plan showing how access, egress and circulation requirements will be fulfilled.
Therefore,this cntenon�s 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
standa�is on a cont�nuous basis.
Parcel 1 has direct access to SW 715C Avenue and SW Pine Street. Parcel 2 has direct access to SW Pine Street.
Therefore,this criterion is met.
Cu� Cuts. Cut�cuts shall be in accordance with Section 18.810.030.0.
Ciu-bs are not required for the prop osed partition, as discussed in Streets and Utility Improvements. The curb cut for
the proposed access will be the asphalt dnveway with no curbs.
Inadeql�ate or hazardous access.
(1) Apphcations for building permits shall be referned to the Commission for review when, in the opinion of
the I?�rector, 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 detemzined the proposed accesses would require review by the Commission. Therefore, this
criterion does not apply.
(2) Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be
discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical
alternative way to access the site.
The applicant proposes.direct access to a collector street. As shown in the Variances and Adjustments section, the
proposed shared access �s ul the location of the existing driveway and is the only practical way to access the site v�nth a
velucle. Therefore,this criterion is met.
(3 In no case shall the desi�n of the setvice drive or drives requ� ire or facilitate the backward movement or
o�er maneuvering of a velucle within a street, other than an alley. Single-family and duplex dwellings are
exempt from tlus requirement
This proposal is for single-fainilyhomes and is,therefore,exempt from meeting this criterion.
Access Management
(1) An access report shall be submitted with all new development proposals which verifies design of driveways
and streets are safe by meeting adequate stackin needs, sight distance and deceleration standa�is as set by
ODOT, Washington County,the City and AASH�O.
The applicant's engineer has submitted a prelimuiary sight distance certi.fication for the proposed shared access on SW
Pine Street. The proposed access is located approx� unately 131 feet east of the stop controlled intersection of Pine
Street and SW 71st Avenue. The posted speed luriit for both streets is 25 mph, requiring a m�nimum of 250 feet of
sight distance.
The engineer states that measured sight distance is approximately 935 feet to the west of the access point and 665 feet
to the east of the access point. Thi.s cnterion is met.
NOTTCE OF DEQSION MLI'2007-00015/AJAMI PARTITTON PAGE 10 OF 21
�2) Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections. Influence area ot intersections is that area where queues of traffic commonly fotm on approach
to an intersection. The minimum driveway setback from a collector or arterial street intersection shaIll�e 150
feet,measured from the ri�ht-of-way line of the inte�ecting street to the throat of the proposed driveway. The
setback may be greater epending 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 pro�ect has less than 150
feet of street frontage, the applicant must explore any option for shared access wit[i the ad�acent pamel. If
shared access is not possible or practical,the driveway shall be placed as far from the intersection as possible.
SW Pine Street is classified as a Collector on the Caty of Ti�ard's TSP. The proposed driveway is approximately 131
feet east of the intersection of Pine Street and SW 71st E�venue, which is witfun the influence area of a collector
intersection. The applicant has proposed a shared driveway for the existing lot and the new lot,which has been located
at the shared properryluie,which�s as far as possible from the intersection,therebymeeting this criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall
be 200 feet The minimum spacin�of drivewa�ys and streets along an atterial shall be 600 fee� The minimum
spacing of local streets along a local street shall be 125 feet
SW Pine Street is classified as a Collector on the City of Tigard's TSP. The proposed shared driveway is approximately
131 feet east of the intersection of Pine Street and SW 71st Avenue. In addit�on,there are three driveways to the east of
the proposed driveway that are within 200 feet. There is no location along this frontage where the access spacing
standard can be met. Therefore, the applicant has applied for an adjustment to the access spacing standard, in
accordance with 18370.
Minimum Access Requirements for Residential Use
�1) Vehicular access and e ress for single-family, duplex or attached single-family dwellin units on
individual lots and multi-fam�y residential uses shall not be less than as provided in Table 18.705.�and Table
18.705.2;
Table 18.705.1 states that the muumum vehicular access and egress for up to two single-family dwellin� shall be one
10-foot paved drivew�aywitlun a 15-foot-wide access. The site pIan shows that Lots 1 and 2 have 101.32 eet and 8839
feet, res�pectively of frontage on SW Pine Street,providing more than 15 feet of access. The drivewaypavement is 12
feet wide,exceec�ulg the standard by2 feet. Therefore,this criterion is met.
FINDING: Based on the findings above,the access, egress and circulation standarc{s have been met.
Density Computations (18.715�
Section 18.715.020 provides density calculation formulas. Number of dwelling units is deternuned by the
following:
A. Definition of net development area. Net development area, in acres, shall be deternuned by
subtracting the following land area(s) from the gross acres, which is all of the land included in the
legal descnpt�on of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way.
4. All land proposed for pnvate 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: 16,104 SF
Public ROW dedication: -100 SF��
et eve opa e area: ,
��Right-of-uraydedication is estimated at no more than 100 square feet.
NOTTC� OF DEQSION MLI'2007-00015/AJANII PARTITION PAGE 11 OF 21
B. Calculating ma�cimum number of residential units. To calculate the ma�mum number of residential
units per net acre, divide the number of square feet in the net acres by the minimum number of square
feet required for each lot in the applicable zoning distric�
The maximum number of residential units pernzitted is 2,as shown below:
16,004 SF/7,500 SF =2.13 units =2 units
C. Calculatin minimum number of residential units. As req�uired by Section 18.510.040, the minimum
number o�residential units �er net acre shall be calculated by multiplying the maximum number of
units detemuned in Subsect�on B above by 80% (0.8).
The iYUnunum number of residential units is 1,as shown below:
2.13 units x 0.8 = 1.70 units = 1 unit
FINDING: The proposed partition complies with the density pernutted by 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 a�proved after the ado tion of tlus tide shall be required to plant street trees in accordance with the
standards in Section 18.745.040�
The applicant has proposed in the narrative to plant 9 street trees medium-stature.street trees at a spacing of 30 feet
apart. However, the plans do not indicate any street trees. The applicant's narrative indicates street trees will be on
fuial construction plans. In addition the applicant indicates theywant to use the 6 caliper-inch Maple at the SE corner
as a street tree. However, this tree is located within the property The street trees are required at ultimate location,
between the sidewalk and future curb. Therefore,the 6-inch 1Vlaple cannot be a street tree.
As a condition of approval,the applicant shall submit a street tree pl�an indicating the species,size and spacing of street
trees. Size and spacu�ig shall comply v�nth Section 18.745.040.C.2. To increase street tree diversity, the application shall
consider providing dit�erent tree rypes for the street trees along SW 71st Avenue and SW Pine Street.
It is acceptable for the applicant to include a note on the street tree plan that slight variations in placement may be
required due to driveways, ut�ties, etc., but every attempt will be made to keep the same net number of street trees
that are shown on the plans.
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 the species, which must be on the Tigard Street Tree List or otherwise approved by
the Caty Arbonst. The applicant is requu-ed to uidicate the species on the street tree plan.
C. Size and Spacing of Street Trees. The specific spacing of street trees by size of tree shall be as stated in
Section 18.745.040.C.2 of the code.
The applicant is required to provide a street tree plan indicating the size and spacing of the trees.
FINDING: Based on the findings above,the applicable Landscaping and Screening criteria are not met.
CONDITIONS: Prior to final plat approval, the applicant shall submit a street tree plan indicatin� the species, size
and spacing of street trees. Size and spacing shall comply with Section 18J45.04 .C2. To increase
street tree diversiry, the application shall consider providuig different treetyp es for the street trees
along�SW 71st Avenue and SW Puie Street. Street trees shall be on the Tigard Street Tree List.
NOTE: It is acceptable for the applicant to include a note on the street tree plan that slight
variations in placement may be requu-ed due to driveways utilities, etc., but every attempt will be
made to keep the same net number of street trees that are s�own on the plans.
NOTICE OF DEQSION MLI'2007-00015/AJAMI PARTI'ITON PAGE 12 OF 21
Off-Street Parkin� and Loading Requirements (18.765)
Section 18.765.02 .A states that at the time o the erection of a new structure within any zoning district,
offstreet vehicle parking will be provided in accordance with Section 18.765.070 (minimum and maximum
parking requirements).
For single-family dwellings, one parking space per dwelling unit is required. The applicant acknowledges this
reqwrement and u-idicates that the existing and new home will provide at least one on-sne parkulg space in a garage or
on each lot's portion of the paved driveway. Therefore,this criterion�s met.
Section 18.765.030.B.1 states that off-street parking spaces for single-family and duplex dwellings and single-
family attached dwellings shall be located on the same lot with the dwelling(s).
Each lot will have its own garage and a portion of the paved driveway,where a car could park Therefore,this criterion
is met.
FINDING: Based on the findings above,parking and loading requirements have been met.
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 cettified arborist shall be
provided tor any lot, pa�el or combination of lots or pa�els for wFiich a development app lication for a
subdivision, paitihon, site development review, planned development or conditional use is filed Protection is
preferred over removal wherever possible.
The applicant submitted a tree plan byTemance Flanagan, a certified arborist. However,the tree plan does not contain
all of the required elements.
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 plan (Sheet G7) identifies the location,size and species of existing trees;thereby meeting this criterion.
2. Identification of a program to save existing trees or miti ate tree removal over 12 inches in caliper.
Mitigation must follow the replacement guidelines of Section 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 e�sting trees over 12 inches in caliper requires a mitigation program in
accordance with Section 18.790.060D of no net loss of trees;
(b) Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thi�is of the
trees to be removed be mitigated in accordance with Section 18.790.060D;
(c) Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 perrent 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.
The applicant plans on retairung 2 of 2 trees over 12 caliper inches on site. This represents a 100% retention rate;
therefore, no rrutiganon or cash assurance is required. However, to ensure the protection of these trees the applicant
shall provide a more detailed tree pl_an that contau�s a table listing all trees over 6 caliper-uiches and identi�ying each tree
that will be retauied or removed. The tree plan is not clear.
NO7TC�'. OF DEQSION MLI'2007-00015/A]AMI PARTITION PAGE 13 OF 21
3. Identification of all trees which are proposed to be removed;
Tlvs requirement has not been met. In particular,the four fnut trees along SW Pine Street are partly in the right-of-way
and it appears they need to be removed with the construction of the sidewalk In addition, it appears that the reqwred
sidewalk will be constn.icted within the tree protection zone of the 6 caliper-inch maple at the SE corner of the site.
Theproject arborist shall identify all trees 6 caliper-inches and greater to be removed both in suminarytable forn�at and
on the plans. Concerrung the 6 caliper-inch maple, the pro�ect arbonst shall deternvne whether the tree needs to be
removed or can be retained. If the tree will be retained, the pro�ect arborist shall provide specific methods for tree # 's
protection.
4. A protection program defining standar�ds and methods that will be used by the applicant to protect trees
during and after construction.
This requirement has not been met. The project arborist shall prepare protection sPecifications for all trees 6 caliper
inches and above to be retained. The protection spec�fications should u-iclude standards and methods for protectuig
trees both during and after construction. Tree protection fencing should be shown to scale on the plans per the pro�ect
arborist's recommendations. The existing hedge not being removed also needs to be adequately protected with
protection fencing shown to scale on the plans. The "after construction" specifications should �nclude approved
Iandscaping methods and materials that will be compatible with existing trees. The tree and landscape protecuon plan
shall include a signature of approval from the pro�ect arbonst.
G Subsequent tree removal. Trees removed within the period of one year prior to a development application
listed above will be inventoried as pa�t of the tree plan above and will be replaced according to Section
18.790.O60D.
There is no evidence that any trees on the property have been removed within a year of this development application.
Subsequent Removal of a Tree (18.790.040):
Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons
set out in a tree plan, in accordance with Section 18.790.030, or as a condition of a�pp roval for a conditional
use, and shall not be subject to removal under any other section of this chapter. The prope�rty owner shall
record a deed restriction as a condition of approval of any development pemut 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 arboris�
The deed restriction may be removed or will be considered invalid if a tree preserved in accorxiance 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 condition of approval will ensure that this standard is met.
FINDING: Tree protection has not fullybeen met. The applicant shall sati�fythe conditions below:
OONDITIONS:
. The applicant shall provide a revised tree plan that contains a surrunary table listin� �all trees
over 6 caliper-mches and identifyu'��g each tree that will be retained or removed. Trees over
6 caliper-inches to be removed shall be marked on the plans. Concerning the 6 caliper-inch
maple, the pro�ect arborist shall deternline whether the tree needs to be removed or can be
retauzed. If the tree will be retained, the project arborist shall provide specific methods for
the 6 caliper-inch maple's protection.
. Prior to any site work,the applicant shall position fencin as directed by the pro'ect arborist
to protect the trees to be retauied. All trees to be retaine�shall be protected wit�five or siY
(5' - 6') foot high chain link fences. Fences are to be mounted on two inch diameter
�alvaniz.ed iron posts, driven into the gr�ound to a depth of at least 2-feet at no more than
0-foot spacing. The applicant shall allow access by the City Arborist for the purpose of
monitoring and inspection of the tree protection to verify that the tree protection measures
are perfornvng adequately. Failure to follow the plan,or mamtauz tree protecuon fencing in
the designated locations shall be grounds for unmediate suspension of work on the site
until remediation measures and/or civil citations can be processed.
NO7TCE OF DEaSION MLP2007-00015/AJAMI PARTITTON PAGE 14 OF 21
If work is required within an established tree protection zone, the project arborist shall
prepare a proposal detailing the construction techruques to be emp lo}�d and the likely
unpacts to the trees. The proposal shall be reviewed and approved by the Gty Arbonst
before proposed work can proceed witlun a tree protecuon zone. The Ciry Arbonst may
reqwre change�s prior to approval. The project arbonst shall be on site while work �s
occumng within the tree protecuon zone and subnut a slui�y repon certify�'ng that the
work occwred per the proposal and will not significantly impact the health and/or stability
of the trees.
. If the Builder is different from the Developer or initial applicant
Prior to a building permit, the applicant shall submit a site plan drawing indicating the
location of trees that were preserved on the lot during site development. In addition, the
plan shall include accurate locations of tree canopy dnplines and protection fencing, and a
s�nature of approval from the pr�ject arbonst regarding the placeinent and coilstrucuon
techruques to be employed in building the structures. All proposed protection fencing shall
be installed and u�spected pnor to commencing construction. The fencing shall reinaui in
place through the duration of all of the building construction phases, until the Certificate of
�ccupancy has been approved: Prior to final inspection for each lot, the applicant shall
subrrut a final report bythe Pro�ect Arborist certifyuig the health of protected trees and that
the street trees were properly planted per the approved street tree plan. Tree protection
measures may be removed and fuial uispection authorized upon review and approval by the
City Arbonst.
. From initial tree protection zone _�'IT'Z) fencing installation through the building
construction phases, the applicant shall have an on-gouig responsibiliry to ensure that the
Project Arbonst has subrrutted wntten reports to the Ciry Arborist, at Ieast once every two
weeks, as the Project Arborist morutors the construcuon activiues. The reports shall
evaluate the condition and location of the tree protection fencing,determine if any changes
occurred to the TPZ, and if any part of the Tree Protect�on Plan has been violated. If the
amount of TPZ was reduced, then the Project Arborist shall certify that the construction
activities did not adversely impact the overall, long-term health and stability of the tree�s).
If the reports are not submitted to the Caty Arborist at the scheduled intervals, and � it
app ears the TPZ's or the Tree Protection Plan are not being followed bythe contractor or a
su6-contractor,the City can stop work on the project until an u�spection can be done by the
Caty Arborist and the Project Arborist.
. Prior to a final inspection, the Project Arborist shall submit a final certification indicating
the elements of the Tree Protecuon Plan were followed and that all remauung trees on the
site are healthy,stable,and viable in their modified growing environment.
. Prior to building permits, the applicant/owner shall record deed restrictions to the effect
that any existuig tree greater than 6" diameter may be removed only if the tree dies or is
hazardous accorduig to a cert�fied arborist. The deed restriction may be removed or will be
considered invalid i� 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 hat a clear vision area shall be maintained on the cornets 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 vehicIe, hed e, pl�anting fence, wall structure, or temporary or pe�rnanent obstruction
exceeding three �3) feet in heig�t �I'he coc�e provides that obstructions that may be located in this area shall
be visualiy clear etween three (3) and eight(�) feet in height Trees may be placed within this area provided
that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by
measuring from the corner, 30-feet along the right of way and along the driveway and connecting these two
points with a straight line.
The app licant acknowledges the visual clearance standard and shows a visual clearance triangle correctly on the site
plan. The plan shows that portion of the e�cisting hedge in the visual clearance triangle will be removed.
FINDING: Visual clearance standards are met.
NO7TC�OF DEQSION MLI'2007-00015/AJANII PARTITION PAGE 15 OF�1
Impact Study(18�390�
Section 18.360.090 states, "The Director shall make a finding with res�ect to each of the following criteria
when approving, approvrng 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 sernces. For each public facility system and type of impact, the
studv shall propose improvements necessary to meet City standard, and to minimize the impact of the
development on the public at large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real property interests, the
applicant shall either specifically concur w�th a requirement for public right-of-way dedication, or provide
evidence that supports that the real roperty dedication is not roughly propottional to the projected impacts
of the develo ment. Section 18.390.�40 states that when a condition of ap roval requires the transfer to the
public of an interest in real propeity,the approval authority shall adopt findings which support the conclusion
that the interest in real pmperty to be transferred is roughly propomonal to the impact the proposed
development will have on tlie public.
The applicant has provided an impact studythat quantifies the effect of the proposed partition on the services below:
Sewer. The existing dwelling is alreadyconnected to the sewer line in SW Pine Street. Parcel 2 will be connected to the
saine line through a new lateral.
Water: The e�sting dwelling is already setved by the watcr main in SW 715i Avenue. Parcel2 will connect to the water
i7�ain in SW Pine Street through a new lateral within a utility easement. Tualatin Valley Water District �D)
provides water service to the area. The applicant is required to submit plans to TVWD for review and approval pnor
to recerving a PFI permit.
Storm Draina e: Runoff from the site is handled b�y�r��oadside ditches and culverts. The applicant will be paying a fee
in-lieu o a storm water detention facility because C,� exempts small projects like partitions from having to construct
onsite detention facilities.
Parks: The applicant will be paying a parks system development charge for the additional house at the time of building
permits.
Trans ortation: The subject property is located within an existing network of streets at the corner of SW 715` Avenue
and S U Pine Street. SW 71" Avenue �s a neighborhood route on the Cat�s Tra.nsportation System Plan ('I'SP . While
SW Pine Street is a local street for most of its length in the County, the T5P designates it a collector for the ength of
the block in which the sub�ect property is located. SW Pine Street becomes a collector at this point because it gets the
collector traffic from SW�k Street tumuig onto SW Pine Street from SW 715` Avenue. The applicant is reqwred to
provide frontage improvements alon SW 715t Avenue and SW Pine Street, as well as dedicate a small amount of
�n ht-of-way(less than 100 square fee� for the corner radius. In addition, the applicant will pay a Washington Counry
raffic Impact Fee ('ITF) at the tune o building perrruu.
Mit' ated CASts and Ro h Pro ortionali .
The app 'cant will pay a F at the time o building permits. The TIF is a miti ation measure that is required for new
development. Based on recent Washington County figures, TIF's are expecte�to recapture 20% of the traffic impact
of new development on the Collector and Artenal Street system. The applicant will be required to pay TTF's of
approximately$3,020 (Effective Jt�ly 1 2004) per new dwelling unit. Therefore,the TIF for this proposed development
is $3,020 ($3,020 '` 1 new dwelling ucut�.
Based on the estirriate that total TIF fees cover 20% of the impact on ma�or street im� provements citywide, a fee that
would cover 100 percent of this project's traffic impact is $15,100 ($3,02� =0.20). The difference between the TTF
paid, and the full unpact, is considered the ururutigated unpact on the street sys tem. The tuunitigated impact of this
pro�ect on the transportation system is $12,080 ($15,100 - $3,020). The applicant is required to construct a 5-foot
sidewalk at ultimate locauon along the pro�ect's frontage on SW 715` Avenue and �s requu-ed to construct a 6-foot
sidewalk at ultimate location along the project's frontage on SW Pine Street. In addition, the applicant is required to
dedicate a small amount of ROW of less than 100 square feet for the corner radius. The estimated cost of the sidewalk
construction is $6 250 and the estimated cost of the ROW is no more than $300 for a total mitigated cost of $6 550.
Based on the ana�ysis below, there is $5,530 wonh of unmitigated 'unpacts left. Therefore, the required nght-o�way
dedication and improvements meet the rough proportionality test.
NOTIC�OF DEQSION MLP2007-00015/AJAMI PARTITTON PAGE 16 OF 21
Rou h Pro ortioiialit �
F �in�pact... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $15,100
Less TIF Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .3,020
Less Miti ated Costs...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6 550
Estimate Value o Urunitigate Impacts $ 5,530
PUBLIC FACILITY CONCERNS
Street And Utility Imgrovements Standards (Section 18.810.�
Chapter 18.810 provides construction stand`ards or the implementation of public and private facilities and
utilities such as streets,sewers, and drainage. The applicable standards are addressed below:
Streets:
Improvements:
Sechon 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 e�usting
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 2-lane Collector Street to have a
58 foot right-of-way width and 34-foot paved section. Other improvements req.uired may include on-street
parking, sidewalks and bikeways,underground ut�lities, str+eet lighting,storm drainage,and street trees.
This site lies adjacent to SW Pine Street, which is classified as a Collector on the City of Tigard Tr�anspottation Plan
Map. At present, there �s approacimately 30 feet of ROW from centerline, according to the most recent tax assessor's
map. The applicant should dedicate the additional ROW to provide the appropriate corner radius at the intersection.
SW Pine Street is currently partially improved. In order to mitigate the impact from this development, the applicant
should constn.ict 6 foot v�nde sidewalks and provide street trees alon the frontage at the ultimate locauon and enter uito
a future street improvement agreemcnt for the reinainder of the h�street improvemenrs.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Nei�hborhood Route to have a
54 right-of-way width and 32-foot paved section. Other improvements required may include on-street
parking, sidewalks and bikeways, underground utilities, street lighting,stortn drainage, and street trees.
Tlus site lies ad-J�acent to SW 71st Avenue, which is classified as a Neig h���borhood Route on the Ciry of Tigard
Transportation I'lan Map. At present, there is app roximately 30 feet of RC�W from centerline, according to the most
recent tax assessor's map. The applicant should dedicate the additional ROW to provide the appropnate corner radius
at the intersection.
SW 71st Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant
should construct 5 foot wide sidewalks and provide street trees alon the frontage at the ultimate location and enter into
a future street unprovement agreement for the remainder of the h�strcet improvements.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten per�ent on arterials, 12% on
collector streets, or 12% on any other street(except that local or residential access streets may have seg ments
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shaII be as
determined by the City Engineer.
The existing grades along both SW Pine Street and SW 71st Avenue are much less than 12%, thereby meeting this
criterion.
Block Desi ns - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due rega�to providing adequate building sites for the use contemplated, consideration of needs for
converuent access, circulation, control and safety of street traffic and recognition of limitations and
opporlunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800
feet measured along the right-of-way line excep�
NOTTCE OF DEQSION MLP2007-00015/AJAMI PARTTTTON PAGE 17 OF 21
. 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 circulat�on provides equivalent access.
The proposed panition does not require new streets and will not be fornung new blocks. Therefore, this criterion
does not apply.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average
lot width, unless the parcel is less than 1.5 times the ininimum lot size of the applicable zoning district
Both loc�s (8 604 SF and 7,500 SF) wot�ld be less than 1.5 times the nvnunum lot size (1.5 x 7,500 SF = 11,250 SF).
Therefore,t�iis cntenon does not apply.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private
streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c ap lies, wluch requires a pa�el to
either have a minimum 15-foot frontage or a rtummum 15-foot wide reco�ed access easement In cases
where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 fee�
Both lots have more than 15 feet of frontage required for partitions. Parcels 1 and 2 have 186.18 feet and 88.39 feet
of f rontage, respectively.
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 5 foot wide public sidewalks along both street fronta$es. However,
the sidewalk along�SW Pine Street is reqwred to be a m�n,mum 6 foot in width because it is for a C;ollector Street.
Therefore the applicant's PFI Permit submittal shall note this change.
Sanitary Sewers:
Sewe�s Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect develo ments to existing mains in accordance with the provisions set forth in
Design and Construction Standards�or Saiutary and Surface Water Management(as adopted by Clean Water
Ser�vices in 1996 and including any future revisions or amendments) and the adopted pohcies of the
comprehensive plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional
development within the area as projected by t�e Comprehensive Plan.
The applicant's plans show the e�sting home is served by an e�sting lateral. The plans show a new sewer lateral will
serve the proposed home.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storrn 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 enough to accommodate potential n�noff from its entire upstream drainage area, whether inside
or outside tlle developmen� The City Engineer shall approve the necessary size of the facility based on the
pro� visions of Design and Consttuction Standards for Sarutary and Surface Water Management�as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
There are no upstream drainage ways that impact this site. The storm water nuzoff in this area is handled by roadside
ditches and culverts.
NOTICE OF DEQSION MLI'2007-00015/AJAMI PARTI'ITON PAGE 18 OF 21
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer
that the additional runoff result�'ng from the development will overload an e�ushng dramage facility, the
Director and Engineer shall withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage of additional ntnoff
caused by the development in accordance with the Design and Construction Standards for Sanitary and
Surface Water Management(as adopted by C1ean Water Sernces in 2000 and including any future revisions or
amendments).
In 1997, Gean Water Services (G�X/S) 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 un�pervious area reduction program resulting in no net increase ui storm peak flows up
to the 25-year event. The Ciry wiIl require that all new developments resulting in an increase of impervious surfaces
provide onsite detention facilities, unless the development �s located adjacent. to Fanno Creek. For those
developments adjacent to Fanno Creek,the storm water runoff urill be peimitted to discharge without detencion.
Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be pemutted to discharge
without detention.
The G1X/S standards include a provision that would exclude small projects such as residential land partitions. It would
be impractical to require an on-site water quantiryfacilityto accommodate detention of the storm water from Parcel 2.
Rather, the G1X/S standards provide that apphcants should pay a fee in-lieu of constructing a facility if deemed
appropnate. Staff recommends payment of the fee m-heu on this apphcauon.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television servrces and related facilities shall be placed under�ro� und, except for surface
mounted transforme�, 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
under�round services;
. The C�aty reseives 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 constcucted pnor 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 deternunes that the
cost and technical difficulty of under-groundin� the ut�lities outweighs the benefit of under-grounding in
conjunction with the development. The detemunation shall be on a case-by-case basis. The most common,
but not the only such situat�on is a short frontage development for which under- rounding would result in
the placement ot�additional poles, rather than the removal of above-ground utilities�acilities. An applicant for
a development which is served by utilities which are not underground and which are located across a public
right-of-way from the applicant's propeity shall pay a fee in-lieu of under-gmunding.
There are existing overhead utiliry lines along the frontage of SW 71st Avenue, on the opposite side of the street. If
the fee in-lieu�s proposed, it is egual to $35.00 per lineal foot of street frontage that contau�s the overhead lines. The
frontage along th�s site is 85 luieaCfeet;therefore the fee would be $2,975.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water S,s�n:
Tualatin Valley Water District�provides service in this area. The applicant shall submit plans to TVWD for review and
approval pnor to�ssuance of the Cit�s PFI Perniit.
NOTTC� OF DEQSION MLP2007-00015/AJAMI PARTITION PAGE 19 OF 21
Storm Water Qualit�
The City has agreed to enforre Surface Water Management (SWM) regulations established by Clean Water
Services (CWS) Desi�n and Constcuction Standa�is (adopted by Resolution and Or�der No. 00-7) which
require the constiuct�on of on-site water quality facilities. The facilities shall be desi ned to remove 65
percent of the phosphorus contained in 100 pe�ent of the storm water runoff�enerated �rom newly created
impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and
method to be used in keeping the facility maintained through the year.
The CVVS standards include a provision that would exclude small projecu such as residenual land partitions. It would
be impractical to require an on-site water qualiry faciliryto accommodate treatment of the storm water from Parcel2.
Rather, the CWS standards provide that appIicants should pay a fee in-lieu of constructing a facility if deemed
appropnate. Staff recommends payment of the fee in-heu on tfus application.
Grading and Erosion Control:
CWS Desi n and Construction Standards also regulate erosion control to reduce the amount of sediment and
other po�utants reaching the public storm and surface water system resulting from development,
construct�on, grading, excavat�n�, clearin , and any other activity wlvch accelerates erosion. Per CWS
regulations, the applicant is required to su�mit an erosion control plan for City review and approval prior to
issuance of City permits.
The applicant shall submit an erosion control plan with their PFI Pernut submittal.
Address Assi nments•
The Ciry o igard 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 Ciry pnor to final plat approval.
Surve Re uirements•
The app �cant's in p at shall contain State Plane C�ordinates AD 83 91)] on two monuments with a tie to the
Cit}�s global positiorung system (GPS) geodetic control network�GC 22). �ese monumenu shall be on the same line
and shall be of the same prec�sion as requu-ed for the subdivision plat boundary. Along with the coordinates, the plat
shall contain the scale factor to convert ground measurements to gnd measurements and the angle from north to grid
nonh. These coordinates can be established by.
. GPS tie networked to the City�s GPS survey.
. By random traverse using conventional surveyuig methods.
In ad�tion, the a�plicant's as-built prawin�s shall be tied to t(he GPS network The applicant's eng'meer shall provide
the Ci with an e ectronic file with oults or each structure mat�lioles, catch basins, water valves, hydrants and other
water system features) in the development, and their respecuve X and Y State Plane Coordinates, referenced to NAD
83 (91).
SECI'ION VI. OTHER STAFF COMMENTS
The City of Tigard Engineering Division has reviewed the proposal. Full comments are included in the land use
file. Findin s and conditions of a proval are included in the Access,Egress and Cu-culation (18.705) section and Streeu
and Utility�mprovemenu (18.81C�section of this decision.
City of Tigani Building Division has reviewed the proposal and has no objections.
The City Arborist has reviewed the proposaL Full comments are included in the land use file. Findings and
conditions of approval are included in Landscaping and Screening (18J45� section and Tree Removal (18J90� section
of this decision.
SECTION VII. AGENCY/OTHER SERVICE PROVIDER COMMENTS
Clean Water Services (CWS) has.reviewed the proposal and provided comments related to sanitary sewer, storm
drainage and water quality and erosion control. Full comments are uicluded in the land use file. The City of Tigard
Engineenng Department has u-icluded CWS comments in its conditions of approval.
NOTICE OF DEQSION MLP2007-00015/AJAMI PARTTTTON PAGE 20 OF 21
Tualatin Valley Water District(TVWD) has revieweei the proposal and provided the following conunent:
SINGLE FAMILY DWELLINGS - RE UIRED FIRE FLOW: The inuiunum available fire flow for sin le famil
we � gs an up exes served y a municip water sup p ys e 1,000 gallons per minute. If the structure�s) is (are�
3,600 square feet or larger,the required fire flow shall 6e detennined according to IFC Appendix B. (IFC B 105.1)
7T�fire h}t�i-ant shoz�t ari tlae submttal dra�¢ir�s m-csst 1��e 9fProziding tlae ra�a�fire flozvde�mnel
RESPONSE: The Building Division will verify whether the e�sting hydrant is capable of providing the required fire
flow during the building plan review for the proposed new dwelling on Parcel 2.
Verizon has reviewed the proposal and notes that the subject property is in Qwest's service area. Qwest has been
provided the oppom.uiity to comment, but did not comment.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON FEBRUARY 29,2008 AND BECOMES
EFFECTIVE ON MARCH 15,2008 UNLESS AN APPEAL IS FILED.
�eal:
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 which provides that a written
ap eal together with the re�quired fee shall be filed with the Director witivn ten (10) business days of the date the Notice
o}�ecision was mailed. The appeal fee schedule and fornis are available from the Planrung Div�sion of T'�gard City
Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues ident�fied in the written comments subirutted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party dunng the appeal
hearing,subject to any addrtional rules of procedure that may be adopted f rom tune to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 14,2008.
I�estions:
ve any questions, please call the Crty of Tigard Current Planning Division, Tigard Gry Hall, 13125 SW Hall
Boulevard,Tigard,Oregon at (503) 639-4171.
a
Febru 29 2008
PAR B • Emily n D TE
t anner
--�- � � .-' � � Febru 29 2008
APPROVEI7 . c ar ewers o D TE
Planning Manager
NOTICE OF DEQSION MLP2007-00015/AJAMI PARTTTTON PAGE 21 OF 21
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NOTICE OF TYPE II DECISION
_ .�
MINOR LAND PARTITION (MLP) 2007-00015 -
AJAMI PARTITION
120 DAYS = 4/25/2008
SECTION I. APPLICATION SLJMMARY
FILE NAME: AJAMI PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2007-00015
Adjustment (VAR) VAR2007-00048
PROPOSAL: The applicant is requesting approval to partition one 16,104-square foot (038-acre) lot into
two lots of 8,604 square feet and 7,500 square feet. The existuig single-family home will be
retained on Lot 1 and a new single-family home will be built on Lot 2. The e�sting detached
garage will be removed and a new detached gara e will be built on Lot 1. The applicant is also
proposing a shared driveway on SW Pine Street �a collector) and has requested approval for an
Adjustment to the access/egress standards because the proposed shared driveway will not
meet the 200-foot spacing standard for driveways on a collector. The proposed shared
driveway is in the general location of the existing driveway and no new driveways are
proposed.
APPLICANT/ APPLICANT'S
OWNER Hussein Ajami REP: Kurahashi and Associates
6028 N. Montana Avenue Attn: Greg Kurahashi
Ponland, OR 97217 4470 SW Hall Blvd,Suite C
Beaverton, OR 97005
ZONING
DESIGNATION: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate
detached single-f 'y homes with or without accessory residential units at a ininirnum lot size
of 7,500 square feet. Duplexes and attached single-farruly units are pernzitted conditionally.
Some civic and institutional uses are also permitted conditionally.
LOC.ATION: 10660 SW 71st Avenue;Washington CounryTax Map 1S136AD, TaY Lot 3700.
PROPOSE D PARCE L 1: 8,604 Square Feet
PROPOSE D PARCE L 2: 7,500 Square Feet
APPLICABLE
RE VIE W
CRITERIA: Community Development Code Chapters 18.370, 18390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Notice is hereby given that the Caty 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
obta.ined for twenty-five cents (25C) per page,or the current rate charged for copies at the tune of the request.
SEC`I'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 DECISION IS FINAL ON FEBRUARY 29, 2008 AND BECOMES
EFFECTIVE ON MARCH 15, 2008 UNLESS AN APPEAL IS FILED.
�A- Pe�-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 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 w�uch provides that a
written appeal together with the required fee shall be filed wrth the Director within ten �10) busuzess days of the
date the TTotice of Dec�sion was mailed. The appeal fee schedule and forn�s are ava able from the Planning
Division of Tigard 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 the wntten comments submttted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any parcy during the appeal
hearing, subject to any addiuonal nzles of procedure that maybe adopted from tune to tune by the appelIate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 14, 2008.
Fo�esuons:
er information lease contact the Plaruiing Division Staff Planner, Emi1�En� at (503) 639-4171, Tigard
City Hall, 13125 SW Hall�oulevard, Tigard, Oregon 97223 or by email to emil ti�ard-or.gov.
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NO�I'ICE TOMORTGAC�E,LIENHOLDER,VENDOR OR SELLER
T�IE TTGARD DEVELOPMENT OODE REQLJIRES TT-�T IF YOU REC�IVE T�IIS NO7TCE, IT S�IALL BE PROMI'`17�Y
FORWARDED TO Tf-�E PURC�IASER
NOTICE OF PENDING � „
LAND USE APPLICATION :
MINOR LAND PARTITION , , ,
DATE OF NOTICE: January 14, 2008
FILE NOS.: MINOR LAND PARTITION (MLP) 2007-000015
aDJvs��rr (v�x) Zoo�-0004s
FILE TITLE: AJAMI PARTITION
APPLICANT/ APPLICANT'S
OWNER Hussein A'ami REP: Kurahashi and Associates
6028 N. �ontana Avenue Attn: Gre�g�Kurahashi
Portland, OR 97217 4470 SW Hall Blvd, Suite C
Beaverton, OR 97005
RE LJEST: The applicant is requ�estin approval to artition one 16104-s quare foot (0.38-acre lot into two
� )
lots of$,604 square feet a nd 7,500 squar Pfeet. The e�sting sin 1e-family home will be retained on
Lot 1 and a new single-family home will be built on Lot 2. �ie appl�cant is also proposing a
shared driveway on SW Pine Street (a collector) and has re�guested an Adjustment to the
access/egress standards because the proposed shared driveway wilI not meet the 200-foot spacing
standard for driveways on a collector. The ex�stu�g driveway �s in the general location of the
proposed driveway and no new driveways are proposed.
LOCATION: 10660 SW 715� Avenue;Washington CounryTax Map 1S136AD,Tax Lot 3700.
ZONE: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate detached
single- �y omes wit or wit out accessory residential units at a rrununum lot size of 7,500 square
feet. Duplexes and attached single-family uruts are perniitted conditionally. Some crvic and
institutional uses are also pernzitted conditionally.
APPLIC.ABLE
RE VIE W
CRITERIA: Communiry Development Code Chapters 18.370, 18390, 18.420, 18.510, 18.705, 18.715, 18.725,
18.745, 18.765, 18.790, 18.795 and 18.810.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the 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 Ciry. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON
JANUARY 28, 2008. All commenu should be directed to EmilyEng,Assistant Planner(x2712� in the Planning Division at the Ciry
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 a tigard-or.gov.
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE
DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-
MAKING PROCESS
{
`1"HE Q7Y OF TTGARD APPREQA��S RECEIVING COA�IIvIENTS AND VA�.�ES YOUR INPUT. COMNIENTS WILL
BE CONSIDERED AND ADDRESSED WITf-�N Tf-�E NOT'IC� OF DEQSION. A DEQSION ON Tf-IIS ISSUE IS
TENTATIVELY SCHEDULED FOR FEBRUARY 20, 2008. IF YOU PROVIDE COMIIvIENTS, YOU WILL BE SENT A
COPY OF THE FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN COMIv1ENTS WILL BECOME A
PART OF Tf� PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMAT'ION:
. 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 PART'Y TO ADDRESS THE RELEVANT APPROVAL CRIT'ERIA WITH SUFFIQENT SPEQFIQT'Y
MAY PRECLUDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR QRCUIT COURT ON
THAT ISSLJE. SPEQFIC FINDINGS DIRECTED AT THE RELEVANf APPROVAL QZITERIA ARE WHAT
CONSTTTUI� RELEVANT EVIDENCE.
AFTER TI-IE 14-DAY CONIIvIENT PERIOD Q.OSES, 'I'I� DIRECI'OR SHALL ISSUE A TrPE II ADMINISTRATTVE DEQSION. 7�
DIRECTOR'S DEQSION SHAI_L BE MAILED TO THE APPLIC.ANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500
FEET OF Tf-IE SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMIITED WRITTEN CO1vIMENTS OR WHO IS OTI-�RWISE ENTITLED TO
NOTICE. T�IE DIRECTOR'S DECTSION SHALL ADDRESS ALL OF'I'I-� RELEVANT APPROVAL QZITERIA. BASED UPON Tf-� CTtiTERIA
:1ND THE FACI'S CONTAINED WITf--IIN TF-IE RECORD,Tf�E DIRECTOR SHALL APPROVE,APPROVE WITH CONDITIONS OR DENY TI-3E
REQUESTED PERMIT OR ACITON.
SUMMARY OF THE DECISION-MAKING PROCESS:
• The application is accepted by the Ciry
• Notice is sent to property owners of record a�ithin 500 feet of the proposed development area allowing a 14-day written
comment period.
• The application is reviewed by Ciry Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record
of property located within 500 feet of the site, as shown on the most recent propeny tax assessment roll; any City-recognized
neighborhood group whose boundaries include che site; and any governmental agency which is entitled to notice under an
intergovernmental agreement entered into with the Caty which includes provision for such notice or anyone who is otherwise
entitled to such notice.
INFORMATION/E VIDENCE AVAILABLE FOR RE VIE W:
The application, written comments and supporting documenu relied upon by the Director to make this decision are contained
within the record and are available for public review at the City of Tigard Communiry Development Depanment. If you want to
inspect the file,please call and make an appointment with either the project 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 Plaruvng Staff indicated on the first page of this Notice under the sectian titled "Your Right to Provide Written
Comments."
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RE QUE ST FOR COMME NTS ��
-
DATE: Januar�l4, 2008 . � �
TO: PER ATTACHED
FROM: Caty of Tigard Planning Division
STAFF CONTACT: EmilyEng,Assistant Planner(�712�
Phone: (503) 639-4171 Fax: (503) 624-3681 Email:emil�tigard-or.gov
MINOR LAND PARTITI�N (MLP) 2007-00015/ADJUSTMENT (VAR) 2007-00048
- AJAMI PARTITION -
REQLTES : e app cant �s re questui approva to partition one 16,104-square oot 0.38-acre ot uito two ots o
8,604 square feet and7,500 square}eet. �e existu�g suigle-family home will be retained on Lot 1 and a new sin le-family
home will be built on Lot 2. The applicant is aLso proposuig a shared driveway on SW Pine Street (a collector� and has
requested an AdJ'ustment to the access/egress standards because the proposed shared drivewaywill not meet the 200-foot
spaculg standard for driveways on a collector. The e�sting driveway u in th�e��general location of the proposed driveway
and no new driveways are proposed. LOC',ATION: 10660 SW 71"Avenue; Washington County Tax Map 1S136AD, Tax
Lot 3700. ZONE: R 4.5: Low Densi Residential. The R 4.5 zorung district is designed to accommodate detached single-
family homes with or wit out accessory resi enti units at a ininunum lot size of 7,500 square feet. Duplexes and attached
sin le-fam� �ily units are erniitted condiuonally. Some civic and institutional uses are also perrrutted conditionally.
AP�LI(:ABLE REVI�C,RITERIA: CommunityDevelopment Code Chapters 18370, 18.39Q, 18.420, 18.510, 18.705,
18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Ap licant's Materials for yc�ur review. From inforn�ation supplied by
various departments and ag�encies and from other�orniation available to our staff, a report and recommendation will be
prepared and a dec�sion w�l be rendered on the proposal in the near future. If you w�sh to comment on this application,
WE NEED YOUR COMMENTS BACK BY: ANUARY 28 2008. You mayuse the space provided below or attach
a separate letter to return your comments. I vou are una e to res�on bv the above date �lease phone the staff contact
noted above with your comments and confirmyour comments ui wntmg as soon as possi�Ie. If you have any questions,
contact the Tigard Plaiuung Division, 13125 S W 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:
Name &Number of Person Commenting:
CITY OF TIGARD REQUEST FOR COMMENTS
� NOTIFICAT: LIST FOR LAND USE & COMMUNITY DE\ PMENT APPLICATIONS
FILE NOS.: (1� � C�t.� — C�� ( � FILE NAME: � �l.wl.�
CITY OfFICES �u �� s�ts
LONG RANGE PLANNINGiRon Bunch,Plann�ng Mgr. CURRENT PLANNING/Todd PragerlArborist-Planner POLICE DEPT./Jim Wolf,Crime Prevention Officer
�BUILDING DIVISIONlMark Vandomelen,Plans Ex.Supervisor �ENGINEERING DEPT./Kim McMillan,Dvlpmnt Review Engineer _HEARINGS OFFICER(+2 sets)
CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKSiRob Murchison,Projec!Engineer PLANNING COMMISSIONIGRETCHEN(+�p sets)
COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs._PUBLIC WORKS/Steve Martin,Parks Supervisor �FILE/REFERENCE(+p3gTS)
_CODE ENFORCEMENT/Chrisline Damell,Code Compliance Specialisl(DCA) ( se�
SPECIAL DISTRICTS �t -
_ TUAL.HILLS PARK&REC.DIST.+►�'TUALATIN VALLEY FIRE&RESCUE+� � TUALATIN VALLEY WATER DISTRICT+� xCLEAN 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 jl► OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood�w�uN Fo�m Rea��«a�
_ Steven Sparks,oe� s��s n,,a�,a9e� 18880 SW Marlinazzi 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.&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,DataResourceCenler(ZCA) US ARMY CORPS.OF ENG.
Durham,OR 97224 _ Paulette Allen,Growl�Managemm�Coordmata OR.DEPT.OF LAND CONSERV.B DVLP. Kathryn Harris iM,asacws�.n..o�iyi
_ Mel Huie,GreenspacesCoorCinamr(CPMOA) M8f8 UII00(Comp PlanAmentlmenlsBMeasure37) Routing CENWP-OP-G
CITY OF KING CITY� _ Jennifer Budhabhatti,RegionalPianner(We1lanCS) 635 Capitol Street NE,Suite 150 PO Box 2946
City Manayer _ C.D.Manager,��o�oMa�a�me��s��es Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY�
OR.DEPT.OF ENERGY(POwemnes i�tvea) OR.DEPT OF AVIATION�MonoPo�a Towars� Dept.of Land Use&Transp.
Bonneville Power Administration Tom Highland,P�a����9 155 N.First Avenue
_CITY OF LAKE OSWEGO � Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124
PO Box 369 Portland,OR 97208-3621 Naomi Vogel-Beattie�ce�e�a�nvo5
Lake Oswego,OR 9703a Planning Division�zcn�MS,a
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis�cPn�
CITY OF PORTLAND �r,o,�y ro,weua�as a�a Po�e���a�e����o�me��a��moa��5� Development Review Coordinator poria Mateja�zcn�Ms,a
Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section�va�a��o�s� _ScCartographer,�P�,rzu�MS,.
1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s�rveronz�,M5,5
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 cwcccn>°s,r�.,��..a..,., Sam Hunaidi,n5��5w��o�so-k�Ma�a�� (NOtiy iIODOT R/R-Hwy.Crossiny�s O��yACC�ss to Und) PRESERVATION OFFICE
PO Box 6375 6000 SW Raab Road Dave Lanning,s�c�oss��9 sareeY sv��a��s� (NOlify if Property Has HD Ovarlay)
Beaverlon,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
UTILITYPROVIDERSANDSPECIALQGENCIES R-��1-�.�,�a.d << X l � !�►., �(Y
PORTLAND WESTERN R/R,BURLINGTON NORTHERNlSANTA FE R/R,OREGON ELECTRIC R/R(Buriington Nortnern�santa Fe wR Predecessor)
Bruce Carswell,President 8 General Manager
1200 Howard Drive SE
Albany,OR 97322-3336
_SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS COMCAST CABLE CORP. �TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer Debra Palmer�n�,�e.auo�SO��Y� Gerald Backhaus,s���aea�v�n �nv�o,��iSWrthmY.MileofaTransnROUte)
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 5W Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay 5treet
Beaverton,OR 97006-4886 Portland,OR 97232
e
�PORTLAND GENERAL ELECTRIC �NW NATURAL GAS COMPANY x VERIZON �QWEST COMMUNICATIONS
N1ike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. Brandon Kahler,Engineering Lynn Smith,Eng.ROW Mgr.
9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219
TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL UIST.#48 COMCAST CABLE CORP. �COMCAST CABLE COMMUNIC.
Teri Brady,Administrative OffiCes Jennifer Garland,Demographics Alex Silantiev �s��,w�aa«,�.a•u�v Brian Every,�osEa���o��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
+M INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANYIALL
QTY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h\patty�masters�Request For Comments Notitication List.doc (UPDnTED. a-Dec-07)
(Also update�.i\curplMsetup\labels\annexations\annexalion_utiGties and frenchises.doc,mailing labels 8 auto text when updating this documei
MEMORANDUM
TO: Emily Eng
FROM: Todd Prager, City Arborist
RE: Ajami Partition
DATE: January 14, 2008
As you requested I have provided comments on the "Ajami Partition" project. If you
have any questions or concerns regarding my comments please contact me anytime.
18.745.030 Genera!Provisions
C, Insta!lation Requirements. The installation of all landscaping shall be as
follows:
1. All landscaping shall be installed according to accepted planting
procedures.
The accepted planting procedures are the guidelines described in the Tigard Tree
Manual. These guidelines follow those set forth by the International Society of
Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the
American Institute of Architects' Architectural Graphic Standards, 10t" edition. In the
Architectural Graphic Standards there are guidelines for selecting and planting trees
based on the soil volume and size at maturitv. Additionally, there are directions for soil
amendments and modifications.
2. The plant material shall be of high grade, and shall meet the size and
grading standards of the American Standards for Nurberg Stock
(ANSI Z-fi0, 'f-1986, and any other future revisions); and
3. Landscaping shall be installed in accordance with the provisions of
this title.
D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless
fhe landscaping requirements have been met or ofher arrangements have
been made and approved by the City such as the posting of a bond.
The applicant plans on retaining 2 of 2 trees over 12" on site. This represents a 100%
retention rate, so no mitigation or cash assurance is required. However, I would like to
see more a more detailed tree plan (see comments pertaining to section 18.790 below
for additional requirements), and re-evaluate the mitigation requirements after reviewing
the revised plan.
E. Protection of Existin_q Landscapinq. Existing vegetation on a site shall be
protected as much as possib/e:
1. The developer shaN provide methods for the protection of existing
vegetation to remain during the construction process; and
2. The plants to be saved shall be noted on the landscape plans (e.g.,
areas not to be disturbed can be fenced, as in snow fencing which
can be placed around the individual trees).
This requirement has not been met. The existing hedge not being removed needs to be
adequately protected. Also, trees that are less than 12" DBH need to be
adequately protected. Finally, trees that are on neighboring properties that may be
impacted by construction need to be identified and adequately protected. Please
consider having the applicant resubmit a tree and landscape protection plan that clearly
identifies existing trees and major vegetation to remain (both on and off-site), and the
methods that will be used to protect them. The tree and landscape protection plan shall
include a signature of approval from the project arborist.
18.745.040, Street Trees
B. Street tree plantin_q 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.
This requirement has not been met. There are no street trees shown on the plans.
Please have the applicant demonstrate the species and spacing of street trees to be
planted. Also, in order to increase species diversity, please consider requiring the tree
type to differ between the 71 St Avenue and Pine Street frontages.
Also, if existing trees are to be used as street trees, please consider having them apply
for the appropriate adjustment.
It is acceptable for them to include a note on their street tree plans that slight variations
� in placement may be required due to driveways, utilities, etc., but every attempt will be
made to keep the same net number of street trees that are shown on the plans.
18.745.050, Buffering and Screenin_q
This requirement does not appear to be applicable to this project.
18.790.030, Tree Plan ReQUirement
A. Tree plan re4uired. A tree plan for the planting, removal and protection of
trees prepared by a certified arborist sha!!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
possib/e.
As required, the applicant has provided a tree plan conducted by Terrance Flanagan, a
certified arborist. However, the tree plan does not contain all of the required elements
(see B1, B2, B3, and B4 below).
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;
This requirement has not been met. Please consider having the project arborist prepare
an inventory of the size and species (Genus, species), of the trees both on site and on
adjacent properties that are close to the site. This inventory should be presented as a
table that refers to tree numbers on a tree plan.
2. Identification of a program to save existing trees or mitigate tree
removal over 12 inches in caliper. Mitigation must follow the
replacement guidelines of Section 18.790.060D, in accordance with the
following standards and shall be exclusive of trees required by other
development code provisions for landscaping, streets and parking /ots:
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/oss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in
caliper requires that two-thirds of the trees to be removed be
mitigated in accordance with Section 18.790.060D;
c. Retention of from 50% to 75% of existing trees over 12 inches in
caliper requires that 50 percent of the trees to be removed be
mitigated in accordance with Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 92 inches in caliper
requires no mitigation.
The applicant plans on retaining 2 of 2 trees over 12" on site. This represents a 100%
retention rate, so no mitigation or cash assurance is required. However, I would like to
see more a more detailed tree plan prepared by the project arborist that contains a
more detailed inventory per item 1 above. After reviewing the revised tree plan, I will
verify whether or not mitigation is required.
3. Idenfification of all trees which are proposed to be removed;
This requirement has not been met. Please consider having the project arborist identify
trees 6" and greater to be removed both in summary table format and on the plans.
4. A protection program defining sfandards and methods that will be used
by the applicant to protect trees during and after construction.
This requirement has not been met. Please consider having the project arborist prepare
protection specifications for all trees 6" and above to be retained. The protection
specifications should include standards and methods for protecting trees both during
and after construction. Tree protection fencing should be shown to scale on the plans
per the project arborist's recommendations. The existing hedge not being removed also
needs to be adequately protected with protection fencing shown to scale on the plans.
The "after construction" specifications should include approved landscaping methods
and materials that will be compatible with existing trees. The tree and landscape
protection plan shall include a signature of approval from the project arborist.
18.790.040 /ncentives for Tree Retention
6. Subsequent removal of a tree. Any tree preserved or retained in
accordance with this section may thereafter be removed only for the
reasons set out in a tree plan, in accordance with Section 18.790.030, or as
a condition of approval for a conditional use, and shall not be subject to
removal under any other section of this chapter. The property owner shall
record a deed restriction as a condition of approval of any development
permit affected by this section to the effect that such tree may be removed
only if the tree dies or is hazardous according to a certified arborist. The
deed restriction may be removed or will be considered invalid if a tree
preserved in accordance with this section should either die or be removed
as a hazardous tree. The form of this deed restriction shall be subject to
approval by the Director.
A condition of approval will ensure that this standard is met.
18.790.050 Permit ApAlicability
A. Removal permit required. Tree removal permits shall be required only for
the removal of any tree which is located on or in a sensitive land area as
defined by Chapter 18.775. The permit for removal of a tree shall be
processed as a Type I procedure, as governed by Section 18.390.030, using
the following approval criteria:
1. Removal of the tree must not have a measurable negative impact on
erosion, soi!sfability, flow of surface waters or water quality as evidenced
by an erosion control plan which precludes:
a. Deposits of mud, dirt, sedimenf or similar material exceeding 1/2 cubic
foot in volume on public or private streets, adjacent property, or into the
storm and surface water system, either by direct deposit, dropping,
discharge or as a result of the action of erosion;
b. Evidence of concenfrated flows of water over bare soi/s; turbid or
sediment-laden flows; or evidence of on-site erosion such as rivulets on
bare soil s/opes where the flow of water is not filtered or captured on site
using the techniques of Chapter 5 of the Washington County Unified
Sewerage Agency Environmental Protection and Erosion Control rules.
2. Within stream or wetland corridors, as defined as 50 feet from the
boundary of the stream or wetland, tree removal must maintain no less
than a 75% canopy cover or no /ess than the existing canopy cover if the
existing canopy cover is less than 75%.
B. Effective date of permit. A tree removal permit shaN be effective for one and
one-half years from the date of approval.
C. Extension. Upon written request by the applicant prior to the expiration of
the existing permit, a free remova/permit shall be extended for a period of
up to one year if the Director finds that the applicant is in compliance with
al!prior conditions of permit approval and that no materia!facts stated in
the original application have changed.
D. Removal permit not required. A tree removal permit shall not be required
for the removal of a tree which:
1. Obstructs visual clearance as defined in Chapter 18.795 of the tit/e;
2. Is a hazardous tree;
3. /s a nuisance affecting public safety as defined in Chapter 7.40 of the
Municipal Code;
4. Is used for Christmas tree production, or land registered with the
Washington County Assessor's office as tax-deferred tree farm or smal!
woodlands, but does not stand on sensitive lands.
E. Prohibition of commercial forestry. Commercial forestry as defined by
Section 18.790.020 A.2., excluding D.4. above, is not permitted.
This requirement does not appear to be applicable to this project.
CONDITIONS OF APPROVAL
Street Trees
This requirement has not been met. There are no street trees shown on the plans.
Please have the applicant demonstrate the species and spacing of street trees to be
planted. Also, in order to increase species diversity, please consider requiring the tree
type to differ between the 71 St Avenue and Pine Street frontages.
Also, if existing trees are to be used as street trees, please consider having them apply
for the appropriate adjustment.
It is acceptable for them to include a note on their street tree plans that slight variations
in placement may be required due to driveways, utilities, etc., but every attempt will be
made to keep the same net number of street trees that are shown on the plans.
The accepted planting procedures are the guidelines described in the Tigard Tree
Manual. These guidelines follow those set forth by the International Society of
Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the
American Institute of Architects' Architectural Graphic Standards, 10th edition. In the
Architectural Graphic Standards there are guidelines for selecting and planting trees
based on the soil volume and size at maturity. Additionally, there are directions for soil
amendments and modifications.
Prior to a final inspection, the Project Arborist shall certify that street trees were properly
planted per the approved street tree plan.
Tree Mitigation
The applicant plans on retaining 2 of 2 trees over 12" on site. This represents a 100%
retention rate, so no mitigation or cash assurance is required. However, I would like to
see more a more detailed tree plan (see comments pertaining to section 18.790 for
additional requirements), and re-evaluate the mitigation requirements after reviewing
the revised plan.
Tree Protection
Please consider having the project arborist prepare an inventory of the size and species
(Genus, species), of the trees both on site and on adjacent properties that are close to
the site. This inventory should be presented as a table that refers to tree numbers on a
tree plan. Also, please have the project arborist identify trees 6" and greater to be
removed both in summary table format and on the plans. Finally, please consider
having the project arborist prepare protection specifications for all trees 6" and above to
be retained. The protection specifications should include standards and methods for
protecting trees both during and after construction. Tree protection fencing should be
shown to scale on the plans per the project arborist's recommendations. The existing
hedge not being removed also needs to be adequately protected with protection fencing
shown to scale on the plans. The "after construction" specifications should include
approved landscaping methods and materials that will be compatible with existing trees.
The tree and landscape protection plan shall include a signature of approval from the
project arborist.
All trees and major vegetation to be retained shall be protected with five or six (5' - 6')
foot high chain link fences. Fences are to be mounted on two inch diameter galvanized
iron posts, driven into the ground to a depth of at least 2-feet at no more than 10-foot
spacing. The applicant shall position fencing as directed by the project arborist to
protect the trees to be retained. The applicant shall allow access by the City Arborist for
the purpose of monitoring and inspection of the tree protection to verify that the tree
protection measures are performing adequately. Failure to follow the plan, or maintain
tree protection fencing in the designated locations shall be grounds for immediate
suspension of work on the site until remediation measures and/or civil citations can be
processed.
If work is required within an established tree protection zone, the project arborist shall
prepare a proposal detailing the construction techniques to be employed and the likely
impacts to the trees. The proposal shall be reviewed and approved by the City Arborist
before proposed work can proceed within a tree protection zone. The City Arborist may
require changes prior to approval. The project arborist shall be on site while work is
occurring within the tree protection zone and submit a summary report certifying that the
work occurred per the proposal and will not significantly impact the health and/or
stability of the trees.
• If the Builder is different from the Developer or initial applicant:
Prior to issuance of building permits, the applicant shall submit site plan
drawings indicating the locations of trees that were preserved on the lot during
site development. In addition, the plans shall include accurate locations of tree
canopy driplines and protection fencing, and a signature of approval from the
project arborist regarding the placement and construction techniques to be
employed in building the structures. All proposed protection fencing shall be
installed and inspected prior to commencing construction. The fencing shall
remain in place through the duration of all of the building construction phases,
until the Certificate of Occupancy has been approved. Prior to final inspection for
each lot, the applicant shall submit a final report by the Project Arborist certifying
the health of protected trees and that the street trees were properly planted per
the approved street tree plan. Tree protection measures may be removed and
final inspection authorized upon review and approval by the City Arborist.
The applicant shall have an on-going responsibility to ensure that the Project Arborist
has submitted written reports to the City Arborist, at least once every two weeks, as the
Project Arborist monitors the construction activities from initial tree protection zone
(TPZ) fencing installation through the building construction phases. The reports shall
evaluate the condition and location of the tree protection fencing, determine if any
changes occurred to the TPZ, and if any part of the Tree Protection Plan has been
violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that
the construction activities did not adversely impact the overall, long-term health and
stability of the tree(s). If the reports are not submitted to the City Arborist at the
scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not
being followed by the contractor or a sub-contractor, the City can stop work on the
project until an inspection can be done by the City Arborist and the Project Arborist.
Prior to final inspection for each lot, the applicant shall submit a final report by the
Project Arborist certifying the health of protected trees and that the street trees were
properly planted per the approved street tree plan. Tree protection measures may be
removed and final inspection authorized upon review and approval by the City Arborist.
Deed Restriction
Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record
deed restrictions to the effect that any existing tree greater than 6" diameter may be
removed only if the tree dies or is hazardous according to a certified arborist. The deed
restriction may be removed or will be considered invalid if a tree preserved in
accordance with this decision should either die or be removed as a hazardous tree.
Emily Eng
From: Karen Blodgett[kb_ptld@yahoo.com]
Sent: Wednesday, January 16, 2008 8:43 AM
To: Emily Eng
Subject: MLP 2007-000015 -Ajami Partition
Emily,
Thank you for sending the notice about the proposed land adjustment on 71st Avenue. As a resident of 69th
Avenue, we have to deal with the congestion of traffic and noise on a daily basis. Adding more homes in such a
small area is in no way "good for our neighborhood." We are totally against this proposal.
Thank you for your time.
Brant & Karen Blodgett
10555 SW 69th Avenue
Tigard, OR 97223
Lookin� for last minute shopping deals? Find them fast with Yahoo! Search.
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` CleanWater Services �ECEtvED PLAN�JING
Our coniniitmcnt is cicar.
JAN 2 3 2008
�1TY OF TIGARL7
MEMORANDUM
DATE: January 18, 2008
FROM: David Schweitzer, Clean Water Services
TO: Emily Eng, Assistant Planner
City of Tigard Planning Division
SUBJECT: Review Comments—Ajami Partition, 2007-00015 MLP, 2007-00048 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 authorized by CWS, prior to
construction of sanitary sewer, storm and surface water systems, and final plat approval.
■ Public sanitary and storm sewer easements shall be required in accordance with current CWS
Design aiid 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 cunent CWS
Design and Construction Standards. Each sanitary lateral shall provide service to only one
lot and shall be contiguous with public right-of-way or public sewer easement.
■ Lateral lengths and design considerations shall follow R&O 07-20 chapter 5.09 requirements.
2550 SW Hillsboro Highway • Hillsboro, Oregon 97123
Phone: (503) 681 3600 • Fax (503) 681 3603 • www.CleanWaterServices.org
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' C1eanWater Services
Our c��niinitnicut is cic.ir.
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. Finished floor elevations shall be required on final
construction plans to demonstrate adequate fall. The applicant indicates on page 23 of the
Application for Land Use Review: Type II Application that the developer will be paying the
fee-in-lieu of water quality treatment. On page 28 the applicant states that "treated" storm
water will be discharged into the existing storm system,as well as restating that the fee-in-
lieu of water quality treatment will be paid to the City. The attached preliminary plan set
includes no provision for storm flow treatment. Water quality treatment requirements shall
follow R&O 07-20 chapter 4.05.2 Criteria for Requiring a Water Quality Facility.
■ A hydraulic and hydrological analysis of the existing drainage and downstream storm
conveyance system, in accordance with current CWS Design and Construction Standazds
R&O 07-20 chapter 2.04.2 (m), 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.
■ Half street improvements may require additional City requested storm drainage
improvements. All new catch basins and other storm structures shall follow current Design
Standards for sizing, pipe sizing, and placement within the ROW.
SENSITIVE AREA
■ CWS has reviewed this proposal for Ta�Lot Map 1S1 36AD-03700 and issued a Sensitive
Area Pre-Screening Site Assesment, CWS File Number 07-001697, for the proposed
development dated May 31, 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 for this project.
EROSION CONTROL
■ All CWS erosion control requirements in accordance with current CWS Design and
Construction Standards shall be met.
2550 SW Hillsboro Highway• Hillsboro, Oregon 97123
Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org
2ec '.I l � e /�-1
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RE QUE ST FOR COMME NTS ��
-
DATE: January 14,2008 . � �
TO: Mark Vandomelen,Plans Examination Su�ervisor
FROM: Cit�of Tigard Plaruung Division
STAFF CONTACT: EmilvEng,Assistant Planner(x2712�
Phone: (503) 639-4171 Fax: (503) 624-3681 Email:emil ti�ard-or.gov
MINOR LAND PARTITION (MLP) 2007-00015/ADJUSTMENT (VAR) 2007-00048
- AJAMI PARTITION -
REQLTES : e app cant is re questui approva to partition one 16,104-square oot 0.38-acre ot u�to two ots o
8,604 square feet and 7,500 square }eet. �e existing single-family home will be retained on Lot 1 and a new sin le-family
home w�ll be built on Lot 2. The applicant is also proposLng a shared driveway on SW Pine Street (a collector� and has
requested an AdJ�ustment to the access/egress standards because the proposed shared driveway will not meet the 200-foot
spaculg standard for driveways on a collector. The e�usting driveway�s ui the eneral location of the proposed driveway
and no new dnveways are proposed. LOCATION: 10660 SW 715L Avenue;�ashington CountyTax Map 1S136AD, T�
Lot 3700. ZONE: R 4.5: Low Densi Residential. The R 4.5 zorung district is designed to accommodate detached sin le-
family homes with or without accessory resi enti units at a inuumum lot size of 7,500 square feet. Duplexes and attac�ed
sin le-fam� �il�y uruts are penrutted conditionally. Some civic and institutional uses are also perrrutted conditionally.
AP�LI(:ABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705,
18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.ff10.
Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From information supplied by
various departments and ag�encies and from other�orniation available to our staff, a report and recommendauon will be
prepared and a decision w�11 be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: ANUARY 28 2008. You mayuse the space provided below or attach
a separate etter to return your comments. I �u are una e to res�on bythe above date please phone the staff contact
noted above with your comments and confirmyour comments in writing as soon as possi�le. If you have any questions,
contact the Tigard Plaiuung Division, 13125 SW Hall Boulevard, Tigard,OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
� We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter or email.
_ Written corrunents provided below:
Name&Number of Person Commenting:
�� V �s �7��
Emily Eng
From: john.cousineau@verizon.com
Sent: Friday, January 25, 2008 11:15 AM
To: Emily Eng
Subject: Ajami Partition MLP 2007-00015/VAR 2007-00048
This partition is not in the Verizon serving area. It appears to be Qwest's responsibility. Thank you for your time though.
John R. Cousineau
Network Engineer
OSP Network Engineering and Planning
Verizon Communications
Office-503.643.0371
Fax-503.643.0977
john.cousineau�verizon.com
1
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 2/13/08
TO: Emily Eng, Assistant Planner
FROM: Kim McMillan, Development Review Engineer ��� ' ' l
RE: MLP2007-00015 Ajami
Access Manaqement (Section 18.705.030.H)
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
The applicant's engineer has submitted a preliminary sight distance certification
for the proposed shared access on SW Pine Street. The proposed access is
located approximately 131 feet east of the stop controlled intersection of Pine
Street and SW 71 St Avenue. The posted speed limit for both streets is 25 mph,
requiring a minimum of 250 feet of sight distance.
The engineer states that measured sight distance is approximately 935 feet to
the west of the access point and 665 feet to the east of the access point. This
criterion is met.
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.
SW Pine Street is classified as a Collector on the City of Tigard's TSP. The
proposed driveway is approximately 131 feet east of the intersection of Pine
Street and SW 71St Avenue, which is within the influence area of a collector
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 1
,
intersection. The applicant has proposed a shared driveway for the existing lot
and the new lot, which has been located at the shared property line, which is as
far as possible from the intersection, thereby meeting this criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
SW Pine Street is classified as a Collector on the City of Tigard's TSP. The
proposed shared driveway is approximately 131 feet east of the intersection of
Pine Street and SW 71St Avenue. In addition, there are three driveways to the
east of the proposed driveway that are within 200 feet. There is no location
along this frontage where the access spacing standard can be met. Therefore,
the applicant has applied for an adjustment to the access spacing standard, in
accordance with 18.370.
Street And Utilitv Improvements Standards (Section 18.8101:
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
2-lane Collector Street to have a 58 foot right-of-way width and 34-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 Pine Street, which is classified as a Collector on the
City of Tigard Transportation Plan Map. At present, there is approximately 30
feet of ROW from centerline, according to the most recent tax assessor's map.
The applicant should dedicate the additional ROW to provide the appropriate
corner radius at the intersection.
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 2
SW Pine Street is currently partially improved. In order to mitigate the impact
from this development, the applicant should construct 6 foot wide sidewalks and
provide street trees along the frontage at the ultimate location and enter into a
future street improvement agreement for the remainder of the half-street
improvements.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
Neighborhood Route to have a 54 right-of-way width and 32-foot paved
section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW 71St Avenue, which is classified as a Neighborhood
Route on the City of Tigard Transportation Plan Map. At present, there is
approximately 30 feet of ROW from centerline, according to the most recent tax
assessor's map. The applicant should dedicate the additional ROW to provide
the appropriate corner radius at the intersection.
SW 715t Avenue is currently partially improved. In order to mitigate the impact
from this development, the applicant should construct 5 foot wide sidewalks and
provide street trees along the frontage at the ultimate location and enter into a
future street improvement agreement for the remainder of the half-street
improvements.
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 City Engineer.
The existing grades along both SW Pine Street and SW 715�Avenue are much
less than 12%, 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
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.
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 3
�
• 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 m�nimum 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 5 foot wide public sidewalks
along both street frontages. However, the sidewalk along SW Pine Street is
required to be a minimum 6 foot in width because it is for a Collector Street.
Therefore the applicant's PFI Permit submittal shall note this change.
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
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 4
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 applicanYs plans show the existing home is served by an existing lateral.
The plans show a new sewer lateral will serve the proposed home.
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 site. The storm water
runoff in this area is handled by roadside ditches and culverts.
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek
and adopted the Fanno Creek Watershed Management Plan. Section V of that
plan includes a recommendation that local governments institute a stormwater
detention/effective impervious area reduction program resulting in no net
increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surFaces provide
onsite detention facilities, unless the development is located adjacent to Fanno
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 5
Creek. For those developments adjacent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention.
The CWS standards include a provision that would exclude small projects such
as residential land partitions. It would be impractical to require an on-site
water quantity facility to accommodate detention of the storm water from
Parcel 2. Rather, the CWS standards provide that applicants should pay a
fee in-lieu of constructing a facility if deemed appropriate. Staff
recommends payment of the fee in-lieu on this application.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and 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.
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 6
There are existing overhead utility lines along the frontage of SW 715t Avenue, on
the opposite side of the 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 85 lineal feet; therefore the fee would be $ 2975.00.
Public Water Svstem:
Tualatin Valley Water District provides service in this area. The applicant shall
submit plans to TVWD for review and approval prior to issuance of the City's PFI
Permit.
Storm Water Qualitv:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surfaces. In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
The CWS standards include a provision that would exclude small projects such
as residential land partitions. It would be impractical to require an on-site
water quality facility to accommodate treatment of the storm water from
Parcel 2. Rather, the CWS standards provide that applicants should pay a
fee in-lieu of constructing a facility if deemed appropriate. Staff
recommends payment of the fee in-lieu on this application.
Gradinq and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surFace water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
The applicant shall submit an erosion control plan with their PFI Permit submittal.
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
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 7
in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to
the City prior to final plat approval.
Survev Requirements
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on
two monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network.
The 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 public sidewalks and any other work in the public right-of-way. Six (6)
sets of detailed public improvement plans shall be submitted for review to
the Engineering Department. NOTE: these plans are in addition to any
drawings required by the Building Division and should only include sheets
relevant to public improvements. Public Facility Improvement (PFI) permit
plans shall conform to City of Tigard Public Improvement Design Standards,
which are available at City Hall and the City's web page (www.tigard-or.gov).
. 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
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 8
person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
. The applicant shall provide a construction vehicle access and parking plan
for approval by the City Engineer. The purpose of this plan is for parking
and traffic control during the public improvement construction phase.
. Prior to final plat approval, the applicant shall pay the addressing fee.
(STAFF CONTACT: Bethany Stewart, Engineering).
. The applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, indicating that they will
construct the following frontage improvements along SW Pine Street as a
part of this project:
A. 6-foot concrete sidewalk at ultimate location;
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).
. 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 71S Avenue as a
part of this project:
A. 5-foot concrete sidewalk with 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).
. A profile of both SW Pine Street and SW 71St Avenue shall be required,
along the frontage of the subject site showing the existing grade and
proposed future grade in order to determine the sidewalk placement at
ultimate grade.
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW Pine Street and
SW 71St Avenue adjacent to the subject property, when any of the following
events occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 9
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.
. Lots 1 and 2 shall not be permitted to access directly onto SW Pine Street,
except at the approved shared access. A non-access reserve strip shall be
recorded on the final plat for the remainder of the SW Pine Street frontage.
. The applicant shall cause a statement to be placed on the final plat to
indicate that the proposed shared driveway will be jointly owned and
maintained by the private property owners who abut and take access from it.
. The applicant shall obtain approval from the Tualatin Valley Water District for
the proposed water connection prior to issuance of the City's Public Facility
Improvement permit.
. An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the "Erosion
Prevention and Sediment Control Design and Planning Manual, February
2003 edition."
. The applicanYs final plat shall contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22) as recorded in Washington County survey records.
These monuments shall be on the same line and shall be of the same
precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north.
These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
. 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).
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 10
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 the corner radius at the intersection of
Pine Street and 71St Avenue 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 one
mylar copy 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 paper copy of the recorded final plat.
. 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 issuance of building permits, the applicant shall provide the City with
as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a
diskette of the as-builts in "DWG"format, if available; otherwise "DXF"will be
acceptable, and 3) the as-built drawings shall be tied to the City's GPS
network. The applicanYs engineer shall provide the City with an electronic
file with points for each structure (manholes, catch basins, water valves,
hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
. The applicant shall either place the existing overhead utility lines along SW
71St Avenue 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 $ 2975.00 and it shall be paid prior
to issuance of building permits.
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 11
. During issuance of the building permit for Parcel 2, the applicant shall pay
the standard water quality and water quantity fees per lot (fee amounts will
be the latest approved by CWS).
ENGINEERING COMMENTS MLP2007-00015 AJAMI PAGE 12
03/07/2008 09 21 FAx 5035910986 TUWD Engineering �001/001
RE QL�ST F�R COMMENTS y
�
DA1�,: �� r�14,_ 008 , �
TC} 'rualatin Valley Water 17istrict Adrz�inistrative O[�iccs
1�RC7M: Ci�, �v -�f 1'i,�;arzl I'L�ig llivision
STA�'N CC�NI'AC;I'_ Emil En �sutant Planner x2712
Phone: (503) 639-�171 F:ix: (SQ3) 624-3681 E�i�ail:e�iiil, tigard-or.gov
MINOl�T,ANT7 PARTITION (MLP) 2007-00015/ADJUSTMENT {VAR) 20Q7-0004$
. ��� ��x�TlaN -
RE UF S : ie app c�ini u rec�uesun�approva to panition one 16,1C4-squai-e oot 0.38-acre ot �nt� �m ots n
8,604 square feec and 7,500 square �eet. e exist�n�singlc.faitvly home will be retuned on Lc�t 1 and a new s� le-farrWy
ho�ne wrll bc buil� on Loc 2. I'he ap�licant xs alsa proposing a shared driveway on SW Pine Street (a c�lleccor anci has
requested a�. Ad-ustmenr io the access/egress st�uidards because the pro�osed st�.�re�l c�riveway will not meet the 20Q-foot
sp.�czng standar�for dniveways on a coIlecrtor. The existin driveway is �,ta th,e eneral location of the proposed driveway
anc� no new driveway5 are proposed. LOCA'TION: 1066�SW�'1;` Avenue;�ashington Counry Tax Nlap IS136AD,Tax
Lo�370C. ZONE: R 4_5:-I.ow 17ensi Residential. The R 4.5 zc�nu�district is de.5igned r.o acco,�azx�.oc{ate detached sin�e-
family k�omes with or without acces5�ry ms+c er�t.ia iuu�s a� a m��irr-ilun lot size of 7,500 square feet_ Duplexes and aaac ed
sin le-faziulv uruts cue ernutted condxtionafly. Sorr� civic and insunzuonal uses are �ils� �erm�tted conditioi��lly.
Al�'LIC,q,$LE REVI�CRITERIA C'nmmiu�iryl�cvclopmenl(WC�e Chapters 18370, 18390, 18.420, 18,510, 18.705,
18.71�, 1�_725, 1$.745, 18.765, 18.790, 18.795 and �8.$10.
A�ached are the Site Plan, Vicin;ty Map and Ap licant's Matcrials fc�r your r�view From info�nation. supplied by
variotu deparm�enLS and a� ��ez�cies and from other�onna�n�a�7a� �ur staff, a report a�ld recoi�rnendation will be
��re areci and a decisr.on w11 be rer�dered on the�p, - in the near . If you wish to c��n�nent on this application,
N�ED YOUR C'.(7MMENTS RACi�BY . UARY 28 2008. u mayu5e rhe s�pace provided below or attac,h
ra sc�c�z;��� �Ller f� return your cc�nunentS. T �re uria e �o v the abc>ve date ple�5e ph�ne the staff c�ntact
noted above wirhyour c:c�mments and c�nfin�iyt��ir C��t]ll21Ci11S ul wnLUl r ;�s souii :;s p�ssi�Ie. I{yc�u have any quesuo�,
cnntact r.hc Ti�;�rcl P],iIUun�I)ivision, 13125 SW Hall Boulevard,Tiga��,�R 97223.
PLE CHECK T�TE FULLUWING Ix£MS THAT APPLY:
_ Wc have reviewed the proposal and l�ve no objectioxu to it.
_ Please contact of our office.
_ I'le�se refer to the enclosed lener or emaiL
_ Wri�ten eommen - r�vided hP1ow�
1
N�unc�&Nun�ber of Person Comn-�ntin,g;
_ �
. AFFIDAVIT OF POSTING NOTICE
° � OF A LAND USE PROPOSAL
� ,
IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY
A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE.
In the Matter of the Proposed Land Use rlpplicarions for:
Land Use File Nos.: MLP2007-00015/VAR2007-00048
Land Use File Name: ATAMI PARTITION
I, Emily F.ng,Assistant Planner for the City of Tigard, do affirm that I posted norice of the land use proposal affecting
the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currendy registered)
jo�6� :n� � � s� �
and did personally post norice of the proposed land use applicarion(s) by means of weatherproof posting in the general
vicinin- of thc affected territorS�, a copy of said notice being hereto attached and by reference made a part hereof,
on the��day of J�� ,2007.
Signature of o rformed Posting
h-11n},nn\patn'',mn.tcrs`.af6iL�r�[uf pusnnK tix ap�il�cant to pu.[pubLc hranuK.Juc
i
A I PARTITI �N .
MIN�R D PARTITON (MLP) 2007-00015/
ADJUSTMENT (VAR) 2007-00048
REQUEST: The applicant is requesting approval to partition one 16,104-square foot (0.38-
acre) lot into two lots of 8,604 square feet and 7,500 square feet. The existing single-family
home will be retained on Lot 1 and a new single-family home will be built on Lot 2. 'rhe
applicant is also proposing a shared driveway on SW Pine Street (a collector) and has reques�ed
an Adjustment to the access/egress standards because the proposed shared driveway will not
meet the 200-foot spacing standard for driveways on a collector. The existing driveway is in the
general location of the proposed driveway and no new driveways are proposed. LOCATION:
10660 SW 71 Sr Avenue; Washington County Tax Map 1 S 136AD, Tax Lot 3700. ZONE: R-4.5:
Low Densitv 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 single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITER� �:
Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725,
18.745, 18.765, 18.790, 18.795 and 18.810.
Further information may be obtained from the Planning Division �staff contact: Emilv Eng�
Assistant Planner �x2712) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling
503-639-4171 or by email to emil,�ti ard-or.gov. A copy of the application and all documents
and evidence submitted by or on behalf of the applicant and the applicable criteria are available
for inspection at no cost and copies for all items can also be provided at a reasonable cost.
--- -_ i --- � ,� - � - � , . . ,
- L I I .I 1 GEOGRPP�IiC IN�ORMATION SYSTEM
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2 I __ I If1ifANtN� 7WQ� liliMN11N W ����� � ___________________�_______
F-i � � ,�••� w;� --- -- "'�"����� a ��� FOR: Kurahashi & Assoc.
J � � ��"� a '�'� �} t� �� '�~ � RE: MLP2007-00015
� $ a�- � ,M..�
1 ST — -- — S ( 1 S136AD, 3700)
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r � I .rwa:.w _ ♦��. the date printed on this map.
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Infarmation on this map is for generel localion onty anG
should be verified with Ihe Development 5ervices Oivision.
13125 SW Hall Blvd
Y
� Tigerd,OR 97223 I
. � (503)639-4171 ,,
. , ntlp:r�www.cctqero.or.us
Community Development Plot date: Dec 21,2007;C:\magicVNAGIC03.APR
15136AD-03700 7S136AD-02900
AJAMI HUSSEIN BUNCH ANDREW THOMAS
PO BOX 1507 6909 SW PINE ST
TUALATIN, OR 97062 TIGARD,OR 97223
1S136AC-03200 1S136AC-00401
ARCHER RUSSELL M TRUST BURNETT M LOU15E 8�CHARLES
BY RUSSELL M ARCHER TR 10565 SW 71 ST AVE
10745 SW 71STAVE TIGARD,OR 97223
TIGARD, OR 97223
7S136AD-04300 1S136AD-02800
BANNING MARK A&PATRICIA E TRS CARDWELL FRANK D
3895 TAMARACK LN 6913 SW PINE
LAKE OSWEGO, OR 97035 PORTLAND,OR 97223
1S136AC-00400 1S136AB-04300
BESS BOB G AND EVA JO CAREY HENRY L&MARY FRANCES
10595 SW 71 ST AVE 7106 SW MAPLELEAF CT
PORTLAND, OR 97223 TIGARD,OR 97223
1S136AD-01600 1S136AC-00500
BJARNASON ERIC DALE&SUSAN MAR COOPER M JOHN
10560 5W 69TH AVE 10525 SW 71 ST AVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S136AD-02500 1 S136AD-04200
BLACKEN KYLIE A 8 CORNISH MARY D
EVENHUS GRANT M 6721 SW PINE 5T
7039 SW PINE ST PORTLAND,OR 97223
TIGARD,OR 97223
1 S136AD-01900 1 S136AC-03000
BLADEN DAVID 8 JEAN DASUE LLC
6914 SW OAK 11902 SW 60TH
TIGARD,OR 97223 PORTLAND,OR 97219
1 S 136AD-03001 1 S 136AD-03400
BLODGETT BRANT RONALD& DEBAUW JEFFREY PAUL
KAREN ANN 6918 SW PINE ST
10555 SW 69TH TIGARD,OR 97223
TIGARD,OR 97223
1S136AD-01700 1S136AC-04200
BLUME JULIE E&HENDRIK A DICKOFF WILLIAM G 8�MARGARET
6875 SW PINE ST 7130 SW PINE ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136AD-06800 1S136AD-03100
BRIDGES JON P DOUD TROY L&ERIKA C
960 BELMONT ST NE 16535 SW HARGIS RD
SALEM, OR 97301 BEAVERTON,OR 97007
1S136AD-02400 1S136AC-03100
EARP ILA C AND NANCY JANE HOWARD DAN L&DIANE M
10530 SW 71 ST AVE 7115 SW SPRUCE ST
PORTLAND,OR 97223 TIGARD,OR 97223
1S136AC-03300 1S136AD-04100
FAKIH HAIDAR 8 LAMA J B K PROPERTIES MANAGEMENT
10705 SW 71 ST 5102 SW SCHOLLS FERRY ROAD
TIGARD, OR 97223 PORTLAND,OR 97225
1S136AD-02600 1S136AD-07000
FLOYD KEVIN W&PEGGY L KETTLE PATRICK C 8 DEBORAH D
7027 SW PINE ST 6924 SW PINE ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136DB-00201 1S136AC-00200
FRED MEYER STORES INC LARSEN DEAN W TR 8�
BY BURKE 8 NICKEL LARSEN MARGIE C TR
STORE#375 10530 SW 72ND
3336 EAST 32ND ST#217 TIGARD,OR 97223
TULSA,OK 74135
1S136AC-03400 1S136AD-03200
FR MEYER S RES INC LITMER LANCE B 8�LAURIE A
BY BU E CKEL 10495 SW 69TH AVE
STORE TIGARD,OR 97223
333 AST 32 ST#217
T SA,OK 741 5
1S136AD-03701 1S136AD-02501
GARBER RICHARD M LIV TRUST THE MARTIN WALLACE D AND BETTY J
GARBER SUSAN M LIV TRUST THE 10570 SW 71 ST AVE
10680 SW 71ST AVE TIGARD,OR 97223
PORTLAND, OR 97223
15136AC-02900 1S136AD-04102
GIBBONS NOREEN M MCKIBBEN-GETTYSBURG VENTURE
10730 SW 72ND AVE Go KRICHMAR JERRY&CAMILLE
PORTLAND,OR 97223 790 HERMOSA WAY
LAGUNA BEACH,CA 92651
1S136AD-06900 1S136AC-00100
HATCH LYNN A&SHARON K MENCHU LUIS A&SHIRLEY A G
6955 SW PINE ST 10495 SW 71STAVE
PORTLAND, OR 97223 PORTLAND,OR 97223
1 S136AD-03301 1 S136AD-071 DD
HAYES KEVIN L MITCHELL JAMISON RAY
10687 SW 69TH AVE 6976 SW PINE ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136AD-02601 7S136AD-02301
HICKS BRIAN A&BONNIE MOORE TORI L&JASON M
7007 SW PINE ST 10500 SW 71 ST AVE
PORTLAND,OR 97223 PORTLAND,OR 97223
1S136AC-04100 1S136AC-00300
OLSON JASON 8 TARAH SITT'EL RALPH A BETTY J
10655 SW 71 ST AVE 10560 SW 72ND AVE
TIGARD,OR 97223 PORTLAND,OR 97223
1S136AD-04001 1S136AD-03900
PACIFIC TERRACE COMMERCIAL LLC SMITH EDITA M
BY EDITA M SMITH 833 NW 170TH DR
833 NW 170TH DR BEAVERTON,OR 97006
BEAVERTON,OR 97006
1 136AD-04000 1 S136AB-04400
PA IC TER COMMERCIAL LLC STEADY KARL&
BY EDI MITH GLOOR LISA
833 1 H DR 7124 SW MAPLELEAF CT
VERTON, R 97006 TIGARD,OR 97223
1 S136AC-02800 1 S136AD-02000
RUSSELL-HARRIS PROPERTY TRUST STENSLAND KIRSTEN D
8857 SW EDGEWOOD ST 7000 SW OAK ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136AD-02300 1S136AD-03600
SALAS ROMELIO STULL WILLIAM M
10510 SW 71 ST AVE VIRGINIA M
TIGARD, OR 97223 7008 SW PINE ST
PORTLAND,OR 97223
15�36AD-02200 1S136AD-02201
SAMPSON GENE E AND MARY K TOMUTA LIVIU&MARIOARA
10450 SW 71ST 7030 SW OAK ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136AC-00202 1S136AC-02700
SCACCO LINDLE F VINCENT BRADFORD
DIANE E 10640 SW 72ND AVE
10500 SW 72ND AVE TIGARD,OR 97223
PORTLAND,OR 97223
15136AD-03800 15136AD-02100
SCHOEWE CAROL A TR VITKOCZY SHELLEY
10720 SW 71 ST AVE 7010 SW OAK ST
PORTLAND, OR 97223 PORTLAND,OR 97223
1S136AD-D3300 1S136AD-01500
SCHWEITZ EARL R/HOLLY D WEBB ERIC G
6910 SW PINE ST 10530 SW 69TH AVE
TIGARD, OR 97223 TIGARD,OR 97223
1S136AD-04301
5EE YOU LATER PROPERTIES LLC
11475 SW PACIFIC HWY
TIGARD,OR 97223
Nathan and Ann Murdock Mildren Design �roup
PO Box 231265 Attn: Gene Mildren
Tigard, OR 97281 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Sue Rorman Susan Beilke
11250 SW 82�d Avenue 11755 SW 114�h Place
Tigard, OR 97223 Tigard, OR 97223
Naomi Gallucci Dayle D. & Evelyn 0. Beach
11285 SW 78th Avenue 11530 SW 72nd Avenue
Tigard, OR 97223 Tigard, OR 97223
Diane Baldwin
3706 Kinsale Lane SE
Olympia, WA 98501
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpinlsetupllabels\CIT East.doc) UPDATED: 6-Aug-07
Patty Lunsford
From: Patty Lunsford
Sent: Friday, December 21, 2007 2:58 PM
To: 'Heather Whisman'
Subject: RE: Case File No. MLP2007-00015
Attachments: 500' Electronic Property Owner Mailing Labels Request.DOC; Patty Lunsford.vcf
Hi Heather,
Your lables request is ready to pick up. The cost is $27.00 which is due at the time that you pick them up. I will leave your
labels at the planning/engineering counter in "will-call" under the name "Kurahashi &Associates". We are located in the permit
center across from city hall.
I have attached a form for you to use for future requests and envelope submittal instructions are included with your labels. If you
have any questions, please call me.
Merry Christmas,
Patty Lunsford (503.718.2438)
Administrative Assistant
City of Tigard - Current Planning
»> -----Original Message-----
»> From: Heather Whisman [mailto:heatherw@kurahashi.com]
»> Sent: Friday, December 21, 2007 12:01 PM
»>To: Patty Lunsford
»> Cc: gregk@kurahashi.com
»> Subject: Case File No. MLP2007-00015
»>
»> Hi Patty-
»>The Tax map for the Ajami Partition 1 S136AD and the Tax Lot is 03700.
»> Please let me know when the labels are ready!! Thanks for your help.
»>
»> Happy Holidays,
»>
»> Heather Whisman
»> Administrative Assistant
»> Kurahashi &Associates, Inc.
»> 4470 SW Hall Blvd., Suite C
»> Beaverton, Oregon 97005
»> Phone: 503.644.6842
»> Fax: 503.644.9731
»> heatherw(a�kurahashi.com
i
CITY OF TIGARD
COMMUNITY DEVELOPMENT DEPARTIV�NT ,�
PLANNING DIVISION _
13125 SW HAI_L BOULEVARD -
TIGARD, OREGON 97223
PHONE: 503-639-4171 FAX: 503-624-3681 (Attn: Patty/Plaiuiui� EMAIL: pa ti�lrc�-or.gov
REQLIEST FOR 5OO-FOOT PROPERTY OWNER MAILING LIST
Property owner inforn�ation is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP &TAX LOT NLTMBERS (i.e. 1S134AB, T�Lot 00100) OR 7�,
ADDRESSES FOR ALL PR�JECT PARCELS BELOW:
�
��5%�����, 3����L� � (1�11►��-ZY��''�- 1 `j�
PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR
HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City,
and the project planner has reviewed your application for completeness, you will be notified by means of an
incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING
TO OBTAIN YOUR LABELS. PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS.
❑ Completeness Letter Received Indicating 2 Sets of Envelopes w/Address Labels Required
The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with fust class letter-
rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and
resu6mitted to the City for the urpose of providing notice to property owners of the proposed land use application
and the decision. The 2 sets o�envelopes must be kept separate. The person listed below will be called to pick up
and pay f or the labels when they are ready.
NAME OF CONTACT PERSON: PHONE: ( )- -
NAME OF COMPANY: FAX: ( )- -
EMAIL:
This request may be emailed, mailed, faxeci, or hand delivered to the City of Tigard. Please allow a 2-day minimLU11
for processing requests. Upon comp l�e�tion of your request, the contact person hsted will be called to pick up their
request that will be placed in "Will Call" by the comp any name (or by the contact person's last name if no compan�
at the Plaru�ing/Engu�eering Counter at the Perniit Center.
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 TX�ILL BE ACCEPTED.
Cost Descri�tion:
$11 to generate the mailing list,plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiplythe cost u
print one set of labels by the number of sets requested.
- EXAMPLE - - COST FOR THIS REQLTEST -
4 sher�s uf labels x$2/sheet = 8.00 x 2 sets = $16.00 �sheet(s)of labels x a2/sheet =�x�sets — I �� ��
1 sheecs of labels x$2/sheet for interested panies x 2 seu= $ 4.00 sheet(s)of labels x S2/sheet for mterested panies =R�tx�seu = �
GENERATE I.IST = $11.00
TOTAL = $31.00 TOTAL =$ �y
�'`�� � /�
Patty Lunsford
From: Heather Whisman [heatherw@kurahashi.com]
Sent: Friday, December 21, 2007 12:01 PM
To: Patty Lunsford
Cc: gregk@kurahashi.com
Subject: Case File No. MLP2007-00015
Hi Patty-
The Tax map for the Ajami Partition 1 S136AD and the Tax Lot is 03700.
Please let me know when the labels are ready!! Thanks for your help.
Happy Holidays,
Heather Whisman
Administrative Assistant
Kurahashi &Associates, Inc.
4470 SW Hall Blvd., Suite C
Beaverton, Oregon 97005
Phone: 503.644.6842
Fax: 503.644.9731
heatherw(a�kurahashi.com
1
1S136AD-03700
AJAMI HUSSEIN '
PO BOX 1507
TUALATIN,OR 97062
1
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AFFIDAVIT OF MAILING -
�_ -
I, Patricia L. Lunsfond being� first duly sworn/affirm, on oath depose and say that I am a Planning Administrative
Assistant for the City of�I'igard,Washington County,Oregon and that I served the following:
;��,.tikn,,pn���x��>��a�r
X❑ NOTTC� OF PENDING LAND USE DEQSION FOR
MLP2007-00015/VAR2007-00048 - AJAMI PAR7TTTON
❑ AMENDED NOTIC�
(FJe No./AFanr Refe�ence)
� Caty of Tigard Plarming Director
A copy of the said notice being hereto attached,marked Exhibit"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 E�ibit"B",and byreference made a part hereof,on
Januar�14,2008, and deposited in the United States Mail on Tanuar�14,2008,postage prepaid.
�� �
(Person t t Pre d N �
STATE OF ORE GON
County of Washington ss.
City of Tigard
��.
Subscribed and sworn/affirmed before me on the�dayof �''���� ,2008.
oFFlCuu.sEn�
SFIIRLEY L TAEAT
NOTARY PUBLIC-OREOON
� COMMISSION NO.41Q777
777
MY COMMISSION EXPIRES APRIL 2S,2011 � ���
NOTARY P LIC OF OREGON
MyCoirunission Expires: `��a��I (
EXHIBiT.�
NdTIC�TO MORTGAC�E,LIENHOLDER,VENDOR OR SELLER
T�IE TTGARD DEVELOPMENT OODE REQUIftES 'IHAT IF YOU REC�IVE T�IIS NOTIC�, IT SHALL BE PROMPTLY
FORWARDED TO Tf-�PURQ-�ASER
NOTICE OF PENDING „
LAND USE APPLICATION :
MINOR LAND PARTITION . , �
DATE OF NOTICE: January 14, 2008
FILE NOS.: MINOR LAND PARTITION (MLP) 2007-000015
ADJUS7'IV�NT (VAR) 2007-00048
FILE TITLE: AJAMI PARTITION
APPLICANT/ APPLICANT'S
OWNER Hussein A'ami REP: Kurahashi and Associates
6028 N.�ontana Avenue Attn: Gre Kurahashi
Portland, OR 97217 4470 SW�Blvd,Suite C
Beaverton, OR 97005
RE LJEST: The applicant is re uestin approval to artition one 16,104-s quare foot 038-acre lot into two
� lots of 8,604 square�eet arid 7,500 squar efeet. The existing sin 1e-familyh(me will e retained on
Lot 1 and a new suzgle-family home will be built on Lot 2. �e apphcant is also proposin� a
shared driveway on SW Puie Street (a collector) and has re�guested an Adjustment to the
access/egress standards because the proposed shared driveway wilI not meet the 200-foot spacing
standard for driveways on a collector. The e�sting driveway is in the general location of the
proposed driveway and no new driveways are proposed.
LOCATION: 10660 SW 7151 Avenue;Washington CountyTax Map 1S136AD,Tax Lot 3700.
ZONE: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate detached
sing e- �y omes wit or wit out accessory residential units at a iriuiimum lot size of 7,500 square
feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also perniitted conditionally.
APPLICABLE
RE VIE W
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725,
18.745, 18.765, 18.7g0, 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 Caty. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON
JANUARY 28,2008. All comments should be directed to EmilyEng,Assistant Plaruier(x2712� in the Plaiuung Division at the Caty
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 tigatr#-or.gov.
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR T�5:00 PM ON THE
DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-
MAKING PROCESS
THE QTY OF TIGARD APPREQATES KECEIVING COMNIENTS AND VALLTES YOUR INPUT. CONIMENTS WILL
BE CONSIDERED AND ADDRESSED WIT�IIN THE NOTICE OF DEQSION. A DEQSION ON TI-IIS ISSUE IS
TENTATTVELY SCHEDULED FOR FEBRUARY 20, 2008. IF YOU PROVIDE COMNIENTS, YOU WILL BE SENT A
COPY OF THE FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN CONIMENTS WILL BECOME A
PART OF T'HE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATTON:
• Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be
applicable to this proposal;
♦ Raise any issues and/or concerns believed to be unportant 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 THE RELEVANI'APPROVAL CRITERIA WITH SLTFFIQENT SPEQFIQT'Y
MAY PREQ.,UDE SUBSEQUENT APPEALS TO THE LAND USE BOARD OF APPEALS OR QRCCJIT COURT ON
THAT ISSLTE. SPEQFIC FINDINGS DIRECTED AT THE RELEVANT APPROVAL CRITERIA ARE WHAT
CONSTTTUTE RELEVANT EVIDENC�.
AFTER T�IE 14-DAY COMNIENT PERIOD Q,OSES, T�IE DIRECTOR SHALL ISSLJE A TYPE II ADMIl�IISTRATTVE DEQSION. T�3E
DIRECTOR'S DEQSION SHALL BE MAILED TO THE APPLICAN'1'AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500
FEET OF T'HE SUBJECT SITE,AND TO f1NI'ONE ELSE WHO SUBMITTED WRITTEN CONIMENTS OR WHO IS OTHERWISE ENTTTLED TO
NOTICE. Z'HE DIRECTOR'S DEQSION SHALL ADDRESS ALL OF T�IE RELEVANT APPROVAL CRITERIA. BASED UPON Tf-�QZITERIA
ANI)THE FAC,TS CONTAINED WITHIN Tf-IE RECORD,THE DIRECTOR SHALL APPROVE,APPROVE WITH C;ONDI'ITONS OR DENY'THF,
REQUESTED PERMIT OR ACIION.
SLJMMARY OF THE DECISION-MAKING PROCESS:
• T�ie application is accepted by the Ciry
• Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written
comment period.
♦ The application is reviewed by City Staff and affected agencies.
• City Staff issues a written decision.
• Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record
of property located within 500 feet of the site, as shown on the most recent property t� assessment roll; any Ciry-recognized
neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an
intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise
entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FORREVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are contained
within the record and are available for public review at the City of Tigard Community Development Department. If you want to
inspect the file,please call and n�ake an appointment with either the project planner or the plamiuig techrucians. Copies of these items may
be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be
directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written
Comments."
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EXH I B IT�.
Hussein Ajami MLP2007-00015/VAR2007-00048
6028 N. Montana Avenue AJAMI PARTITION
Portland, OR 97217
Hussein Ajami
PO Box 1507
Tualatin, OR 97062
t
1S136AD-03700 1S136AD-02900
AJAMI HUSSEIN BUNCH ANDREW THOMAS
PO BOX 1507 6909 SW PINE ST
TUALATIN, OR 97062 TIGARD,OR 97223
1S136AC-03200 1S136AC-00401
ARCHER RUSSELL M TRUST BURNETT M LOUISE&CHARLES
BY RUSSELL M ARCHER TR 10565 SW 71 ST AVE
10745 SW 71STAVE TIGARD,OR 97223
TIGARD, OR 97223
1S136AD-04300 1S136AD-D2800
BANNING MARK A&PATRICIA E TRS CARDWELL FRANK D
3895 TAMARACK LN 6913 SW PINE
LAKE OSWEGO,OR 97035 PORTLAND, OR 97223
1S136AC-00400 1S136AB-04300
BESS BOB G AND EVA JO CAREY HENRY L&MARY FRANCES
10595 SW 71ST AVE 7106 SW MAPLELEAF CT
PORTLAND, OR 97223 TIGARD,OR 97223
1 S 136A D-01600 1 S 136AC-00500
BJARNASON ERIC DALE&SUSAN MAR COOPER M JOHN
10560 SW 69TH AVE 10525 SW 71 ST AVE
TIGARD, OR 97223 TIGARD,OR 97223
1 S 136A D-02500 1 S 136AD-04200
BLACKEN KYLIE A& CORNISH MARY D
EVENHUS GRANT M 6721 SW PINE 5T
7039 SW PINE ST PORTLAND, OR 97223
TIGARD, OR 97223
1S136AD-01900 1S136AC-03000
BLADEN DAVID&JEAN DASUE LLC
6914 SW OAK 11902 SW 60TH
TIGARD,OR 97223 PORTLAND,OR 97219
1S136AD-03001 1S736AD-03400
BLODGETT BRANT RONALD& DEBAUW JEFFREY PAUL
KAREN ANN 6918 SW PINE ST
10555 SW 69TH TIGARD,OR 97223
TIGARD, OR 97223
1S136AD-01700 1S136AC-04200
BLUME JULIE E& HENDRIK A DICKOFF WILLIAM G&MARGARET
6875 SW PINE ST 7130 SW PINE ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S136AD-06800 1 S136AD-03100
BRIDGES JON P DOUD TROY L&ERIKA C
960 BELMONT ST NE 16535 SW HARGIS RD
SALEM,OR 97301 BEAVERTON,OR 97007
c
1 S 136A D-02400 1 S 136AC-03100
EARP ILA C AND NANCY JANE HOWARD DAN L 8 DIANE M
10530 SW 71ST AVE 7115 5W SPRUCE ST
PORTLAND, OR 97223 TIGARD,OR 97223
1S136AC-03300 1S136AD-04100
FAKIH HAIDAR&LAMA J B K PROPERTIES MANAGEMENT
10705 SW 71 ST 5102 SW SCHOLLS FERRY ROAD
TIGARD,OR 97223 PORTLAND, OR 97225
1S136AD-02600 1S136AD-07000
FLOYD KEVIN W&PEGGY L KETTLE PATRICK C 8 DEBORAH D
7027 SW PINE ST 6924 SW PINE ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136DB-00201 1S136AC-00200
FRED MEYER STORES INC LARSEN DEAN W TR 8
BY BURKE&NICKEL LARSEN MARGIE C TR
STORE#375 10530 SW 72ND
3336 EAST 32ND ST#217 TIGARD,OR 97223
TULSA, OK 74135
1S136AC-03400 1S136AD-03200
FR MEYER S RES INC LITMER LANCE B&LAURIE A
BY BU E CKEL 10495 SW 69TH AVE
STORE TIGARD,OR 97223
333 AST 32 ST#217
T SA, OK 741 5
1S136AD-03701 1S136AD-02501
GARBER RICHARD M LIV TRUST THE MARTIN WALLACE D AND BETTY J
GARBER SUSAN M LIV TRUST THE 10570 SW 71 ST AVE
10680 SW 71ST AVE TIGARD,OR 97223
PORTLAND,OR 97223
1S136AC-02900 1S136AD-04102
GIBBONS NOREEN M MCKIBBEN-GETTYSBURG VENTURE
10730 SW 72ND AVE c/o KRICHMAR JERRY 8 CAMILLE
PORTLAND, OR 97223 790 HERMOSA WAY
LAGUNA BEACH,CA 92651
1S136A�-069D0 1S136AC-00100
HATCH LYNN A 8�SHARON K MENCHU LUIS A 8�SHIRLEY A G
6955 SW PINE ST 10495 SW 71ST AVE
PORTLAND, OR 97223 PORTLAND, OR 97223
1S136AD-03301 1S136AD-07100
HAYES KEVIN L MITCHELL JAMISON RAY
10687 SW 69TH AVE 6976 SW PINE ST
TIGARD, OR 97223 TIGARD,OR 97223
1 S136AD-02601 1 S136AD-02301
HICKS BRIAN A&BONNIE MOORE TORI L 8�JASON M
7007 SW PINE ST 10500 SW 71 ST AVE
PORTLAND, OR 97223 PORTLAND,OR 97223
1S136AC-04100 1S136AC-00300
OLSON JASON 8 TARAH SITTEL RALPH A BETTY J
10655 SW 71 ST AVE 10560 SW 72ND AVE
TIGARD,OR 97223 PORTLAND,OR 97223
1 S�36AD-04001 1 S136AD-03900
PACIFIC TERRACE COMMERCIAL LLC SMITH EDITA M
BY EDITA M SMITH 833 NW 170TH DR
833 NW 170TH DR BEAVERTON,OR 97006
BEAVERTON, OR 97006
1 136AD-04000 1 S136A8-04400
PA IC TER COMMERCIAL LLC STEADY KARL&
BY EDI MITH GLOOR LISA
833 1 H DR 7124 SW MAPLELEAF CT
VERTON, R 97006 TIGARD,OR 97223
1S136AC-02800 1S136AD-02000
RUSSELL-HARRIS PROPERTY TRUST STENSLAND KIRSTEN D
8857 SW EDGEWOOD ST 7000 SW OAK ST
TIGARD,OR 97223 TIGARD,OR 97223
1 S 136AD-02300 1 S136AD-03600
SALAS ROMELIO STULL WILLIAM M
10510 SW 71ST AVE VIRGINIA M
TIGARD, OR 97223 7008 SW PINE ST
PORTLAND, OR 97223
1S136AD-02200 1S136AD-02201
SAMPSON GENE E AND MARY K TOMUTA LIVIU&MARIOARA
10450 SW 71ST 7030 SW OAK ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136AC-00202 1S136AC-02700
SCACCO LINDLE F VINCENT BRADFORD
DIANE E 10640 SW 72ND AVE
10500 SW 72ND AVE TIGARD,OR 97223
PORTLAND, OR 97223
1 S 136A D-03800 1 S 136AD-02100
SCHOEWE CAROL A TR VITKOCZY SHELLEY
10720 SW 71 ST AVE 7010 SW OAK ST
PORTLAND, OR 97223 PORTLAND,OR 97223
1 S136AD-03300 1 S136AD-01500
SCHWEITZ EARL R/HOLLY D WEBB ERIC G
6910 SW PINE ST 10530 SW 69TH AVE
TIGARD, OR 97223 TIGARD,OR 97223
1 S 136A D-04301
SEE YOU LATER PROPERTIES LLC
11475 SW PACIFIC HWY
TIGARD, OR 97223
Nathan and Ann Murdock Mildren Design Group
PO Box 231265 Attn: Gene Mildren
Tigard, OR 97281 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Sue Rorman Susan Beilke
11250 SW 82�d Avenue 11755 SW 114th Place
Tigard, OR 97223 Tigard, OR 97223
Naomi Gallucci Dayle D. & Evelyn 0. Beach
11285 SW 78th Avenue 11530 SW 72nd Avenue
Tigard, OR 97223 Tigard, OR 97223
Diane Baldwin
3706 Kinsale Lane SE
Olympia, WA 98501
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
Gretchen Buehner
13249 SW 136�h Place
Tigard, OR 97224
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES �i:\curpin\setupllabels\CIT East.doc) UPDATED: 6-Aug-07
��
AFFIDAVIT OF MAILING -
I, Patricia L. Lunsford being� first duly sworn/affirn�, on oath depose and say that I am a Planning Aciministrative
Assistant for the City of�I'iga�l,Washington County,Oregon and that I served the following:
(c h�k:y5,n s�un�Rn(sl&�L,wj
❑x NOTTC� OF DEQSION FOR
MI..P2007-00015/VAR2007-00048 - AJANII PARTITTON
(File No./N:vne Reference)
� AMENDEDNOTIC�
� City of Tigard Plaruiing Director
A copy of the said notice being hereto attached,marked E�ibit"A",and hy 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
Februar�29,2008, and deposited in the Unitec�, ' on February 29,2008,postage prepaid.
I
. , 1
�
(Peison rep otice)
STATE OF OREGON
County of Washington ss.
City of Tigard
�
Subscribed and sworn/affirmed before me on the�day of �A�� ,2008.
�
o�cu�sFx
SHIRLEY L TREAT
NOTARY PUBUC-OREQON �� �/�� �� •� ��
� COMMISSION NO.416777 �v�-vl ✓�
MY COMMISSION EXPIRES APRIL 2S,2011 NOTARY P LIC OF OREGON
My Commi.ssion E�ires: �l��-�I 1�
EXHIBIT.,�..
NOTI CE OF TYPE II DE CI SION
� ��
MINOR LAND PARTITION (MLP) 2007-00015 =
AJAMI PARTITION
120 DAYS = 4/25/2008
SECTION I. APPLICATION SLJMMARY
FILE NAME: AJAMI PARTITION
CASE NOS: Minor Land Partition(MLP) MLP2007-00015
Adjustment (VAR) VAR2007-00048
PROPOSAL: The applicant is requesting approval to partition one 16,104-square foot (0.38-acre) lot into
two lots of 8,604 square feet and 7,500 square feet. The existing single-family home will be
retained on Lot 1 and a new single-family home will be built on Lot 2. The ex�sting detached
garage will be removed and a new detached gara e will be built on Lot 1. The applicant is also
proposing a shared driveway on SW Pine Street �a collector) and has requested approval for an
Adjustment to the access/egress standards because the proposed shared driveway will not
meet the 200-foot spacing standard for driveways on a collector. The proposed shared
driveway is in the general location of the e�sting driveway and no new driveways are
proposed.
APPLIC'.ANT/ APPLICANT'S
OWNER Hussein Ajami REP: Kurahashi and Associates
6028 N. Montana Avenue Attn: Greg Kux�ahashi
Portland, OR 97217 4470 SW Hall Blvd,Suite C
Beaverton,OR 97005
ZONING
DESIGNATION: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate
detached single-f 'y homes with or without accessory residential units at a m;n;mum lot size
of 7,500 square feet. Duplexes and attached single-family units are penrutted conditionally.
Some civic and institutional uses are also pexmitted conditionally.
LOCATION: 10660 SW 71st Avenue;Washington CounryT�Map 1S136AD,Tu�Lot 3700.
PROPOSED PARCEL 1: 8,604 Square Feet
PROPOSED PARCEL 2: 7,500 Square Feet
APPLICABLE
RE VIE W
CRITERIA: Communiry Development Code Chapters 18.370, 1$.390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Notice is hereby given that the Caty 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 1'HE EFFEC,YTIVE DAT� OF T�3IS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be
obtained for twenry-five cents (25�) per page,or the current rate charged for copies at the tune of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
1 �
Final Decision:
THIS DECISION IS FINAL ON FEBRUARY 29, 2008 AND BECOMES
EFFECTIVE ON MARCH 15, 2008 UNLESS AN APPEAL IS FILED.
�A- peal-:
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 Secuon 18.390.040.G.2 of the Tigard Community Development Code w�uch provides that a
written appeal together with the required fee shall be filed with the Director within ten (10) business days of the
date the Notice of Dec�sion was mailed. The appeal fee schedule and forn�s are available from the Planning
Division of Tigard Ciry Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues identified in the wntten comments submitted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party dunn.g the appeal
hearing,subject to any addinonal rules of procedure that maybe adopted from tune to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 14, 2008.
estions:
For urt er inforniation please contact the P1aruling Division Staff Planner, EmilyEn� at (503) 639-4171, Tigard
CityHall, 13125 SW Hall Boulevard,Tigard, Oregon 97223 or byemail to emil�ti�ard-or.gov.
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( WASHINGTON COUNlY, OREGON '.,�m�"`°�°�'°
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1S136A�-03700 1S136AD-02900 EXH 1 B IT�
AJAMI HUSSEIN BUNCH ANDREW THOMAS
PO BOX 1507 6909 SW PINE ST
TUALATIN, OR 97062 TIGARD,OR 97223
t S136AC-03200 1 S136AC-00401
ARCHER RUSSELL M TRUST BURNETT M LOUISE 8�CHARLES
BY RUSSELL M ARCHER TR 10565 SW 71 ST AVE
10745 SW 71 ST AVE TIGARD,OR 97223
TIGARD,OR 97223
1 S 136AD-04300 1 S136AD-02800
BANNING MARK A&PATRICIA E TRS CARDWELL FRANK D
3895 TAMARACK LN 6913 SW PINE
LAKE OSWEGO,OR 97035 PORTLAND,OR 97223
1 S 136A C-00400 1 S 136A8-04300
BESS BOB G AND EVA JO CAREY HENRY L&MARY FRANCES
10595 SW 71 ST AVE 7106 SW MAPLELEAF CT
PORTLAND, OR 97223 TIGARD,OR 97223
1 S136AD-01600 1 S136AC-00500
BJARNASON ERIC DALE&SUSAN MAR COOPER M JOHN
10560 SW 69TH AVE 10525 SW 71STAVE
TIGARD,OR 97223 TIGARD,OR 97223
1 S 136A D-02500 1 S 136AD-D4200
BLACKEN KYLIE A& CORNISH MARY D
EVENHUS GRANT M 6721 SW PINE ST
7039 SW PINE ST PORTLAND,OR 97223
TIGARD,OR 97223
1 S 136A D-01900 1 S 136AC-03000
BLADEN DAVID&JEAN DASUE LLC
6914 SW OAK 11902 SW 60TH
TIGARD,OR 97223 PORTLAND, OR 97219
1 S136AD-03001 1 S136AD-03400
BLODGETT BRANT RONALD& DEBAUW JEFFREY PAUL
KAREN ANN 6918 SW PINE ST
10555 SW 69TH TIGARD,OR 97223
TIGARO,OR 97223
1S136AD-01700 1S136AC-04200
BLUME JULIE E& HENDRIK A DICKOFF WILLIAM G&MARGARET
6875 SW PINE ST 7130 SW PINE ST
TIGARD,OR 97223 TIGARD,OR 97223
1S136AD-06800 1S136AD-03100
BRIDGES JON P DOUD TROY L&ERIKA C
960 BELMONT ST NE 16535 SW HARGIS RD
SALEM, OR 97301 BEAVERTON, OR 97007
1 S 136AD-02400 1 S136AC-03100
EARP ILA C AND NANCY JANE HOWARD DAN L 8 OIANE M
10530 SW 71 ST AVE 7115 SW SPRUCE ST
PORTLAND, OR 97223 TIGARD,OR 97223
1S136AC-03300 1S136AD-04100
FAKIH HAIDAR&LAMA J B K PROPERTIES MANAGEMENT
10705 SW 71ST 5102 SW SCHOLLS FERRY ROAD
TIGARD, OR 97223 PORTLAND, OR 97225
1S136AD-02600 1S136AD-07000
FLOYD KEVIN W&PEGGY L KETTLE PATRICK C&DEBORAH D
7027 SW PINE ST 6924 SW PINE ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136DB-00201 1S136AC-00200
FRED MEYER STORES INC LARSEN DEAN W TR&
BY BURKE&NICKEL LARSEN MARGIE C TR
STORE#375 10530 SW 72ND
3336 EAST 32ND ST#217 TIGARD,OR 97223
TULSA, OK 74135
1S136AC-03400 1S136AD-03200
FR MEYER S RES INC LITMER LANCE B&LAURIE A
BY BU E CKEL 10495 SW 69TH AVE
STORE TIGARD,OR 97223
333 AST 32 ST#217
T SA, OK 741 5
1 S136AD-03701 1 S136AD-02501
GARBER RICHARD M LIV TRUST THE MARTIN WALLACE D AND BETTY J
GARBER SUSAN M LIV TRUST THE 10570 5W 71 ST AVE
10680 SW 71 ST AVE TIGARD,OR 97223
PORTLAND, OR 97223
1S136AC-02900 15136AD-04102
GIBBONS NOREEN M MCKIBBEN-GETTYSBURG VENTURE
10730 SW 72ND AVE c/o KRICHMAR JERRY&CAMILLE
PORTLAND, OR 97223 790 HERMOSA WAY
LAGUNA BEACH, CA 92651
1 S 136A D-06900 1 S 136AC-00100
HATCH LYNN A 8 SHARON K MENCHU LUIS A 8 SHIRLEY A G
6955 SW PINE ST 10495 SW 71STAVE
PORTLAND, OR 97223 PORTLAND,OR 97223
7S136AD-03301 15136AD-07100
HAYES KEVIN L MITCHELL JAMISON RAY
10687 SW 69TH AVE 6976 SW PINE ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136AD-02601 1S136AD-02301
HICKS BRIAN A&BONNIE MOORE TORI L&JASON M
7007 SW PINE 5T 10500 SW 71ST AVE
PORTLAND, OR 97223 PORTLAND, OR 97223
� e �
1S136AC-04100 1S136AC-00300
OLSON JASON&TARAH SITTEL RALPH A BETTY J
10655 SW 71 ST AVE 10560 SW 72ND AVE
TIGARD,OR 97223 PORTLAND,OR 97223
1S136A D-04001 1S136AD-03900
PACIFIC TERRACE COMMERCIAL LLC SMITH EDITA M
BY EDITA M SMITH 833 NW 170TH DR
833 NW 170TH DR BEAVERTON, OR 97006
BEAVERTON,OR 97006
1 136AD-04000 1 S 136A6-04400
PA IC TER COMMERCIAL LLC STEADY KARL&
BY EDI MITH GLOOR IISA
833 1 H DR 7124 SW MAPLELEAF CT
VERTON, R 97006 TIGARD,OR 97223
1 S136AC-02900 1 S136AD-02000
RUSSELL-HARRIS PROPERTY TRUST STENSLAND KIRSTEN D
8857 SW EDGEWOOD 5T 7000 SW OAK ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136AD-02300 1S136AD-03600
SALAS ROMELIO STULL WILLIAM M
10510 SW 71 ST AVE VIRGINIA M
TIGARD,OR 97223 7008 SW PINE ST
PORTLAND, OR 97223
1 S 136A D-02200 1 S 136AD-02201
SAMPSON GENE E AND MARY K TOMUTA LIVIU 8 MARIOARA
10450 SW 71 ST 7030 SW OAK ST
TIGARD, OR 97223 TIGARD,OR 97223
1S136AC-00202 1S136AC-02700
SCACCO LINDLE F VINCENT BRADFORD
DIANE E 10640 SW 72ND AVE
10500 SW 72N0 AVE TIGARD,OR 97223
PORTLAND, OR 97223
t S 136A�-03800 1 S136AD-02100
SCHOEWE CAROL A TR VITKOCZY SHELLEY
10720 SW 71ST AVE 7010 SW OAK ST
PORTLAND, OR 97223 PORTLAND,OR 97223
1 S136AD-03300 1 S136AD-01500
SCHWEITZ EARL R/HOLLY D WEBB ERIC G
6910 SW PINE ST 10530 SW 69TH AVE
TIGARD, OR 97223 TIGARD,OR 97223
1S136AD-04301
5EE YOU LATER PROPERTIES LLC
11475 SW PACIFIC HWY
TIGARD, OR 97223
. . .
Nathan and Ann Murdock Mildren Design �roup
PO Box 231265 Attn: Gene Mildren
Tigard, OR 97281 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Sue Rorman Susan Beilke
11250 SW 82nd Avenue 11755 SW 114'h Place
Tigard, OR 97223 Tigard, OR 97223
Naomi Gallucci Dayle D. & Evelyn 0. Beach
11285 SW 78th Avenue 11530 SW 72nd Avenue
Tigard, OR 97223 Tigard, OR 97223
Diane Baldwin
3706 Kinsale Lane SE
Olympia, WA 98501
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
Gretchen Buehner
13249 SW 136'h Place
Tigard, OR 97224
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigartl, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\IabeIslCIT East.doc) UPDATED: 6-Aug-07
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AFFIDAVIT OF MAILING -
I, Patricia L. Lunsford bein fust duly sworn/affirm, on oath depose and say that I am a Planning Administrative
Assistant for the City of�I'iga�,Washington County,Oregon and that I served the following:
i�3x,k�,�,�,,2„��,x�,���,u,
❑X NOTTCE OF DEQSION FOR
MLP2007-00015/VAR2007-00048 - AJAMI PARTTTION
(Filc No./N�me Re{erence�
� AMENDEDNOTIC�
� Caty of T"igard Plaruiing Director
A copy of the said notice being hereto attached,marked E�chibit"A",and by reference made a part hereof,was mailed to each
named person(s) at the address(s} shown on the attached list(s),marked Exhibit"B",and byreference made a part hereof,on
Febniaiy 29,2008,and deposited in the U ' s Mail on Febniar�29,2008,postage prepaid.
i
�
( /' / � �(!
(Peison pared ouce)
STATE OF ORE GON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the :�`�� dayof lu-�� ,2008.
O�cu+�ss�x
SMIRLEY�TREAT
. NOTARY PUBLIC•ORE(iON �
+� COMMISSION NO.4t6777 � ���
MY COMMISSION EXPIRES APRIL 23,2011 N TARY P LIC OF OREGON
My Comnvssion E�cpires: `f�asr�I
EXHIBIT�
NOTICE OF TYPE II DECISION
_ ,�
MINOR LAND PARTITION (MLP) 2007-00015 -
A AMI PARTITION
120 DAYS = 4/25/2008
SECTION I. APPLICATION SLJMMARY
FILE NAME: AJAMI PARTITION
CASE NOS: Minor Land Partition(MLP) MLP2007-00015
Adjustment(VAR) VAR2007-00048
PROPOSAL: The applicant is requesting approval to partition one 16,104-square foot (0.38-acre) lot into
two lots of 8,604 square feet and 7,500 s quare feet. The existulg single-family home will be
retained on Lot 1 and a new single-family hoine will be built on Lot 2. The e�vsting detached
garage will be removed and a new detached gara e will be built on Lot 1. The applicant is also
proposing a shared driveway on SW Pine Street �a collector) and has requested approval for an
Adjustment to the access/egress standards because the proposed shared driveway will not
meet the 200-foot spacing standard for driveways on a collector. The proposed shared
driveway is in the general location of the existing driveway and no new driveways are
proposed.
APPLICANT/ APPLICANT'S
OWNER Hussein Ajami REP: Kurahashi and Associates
6028 N.Montana Avenue Attn: Greg Kurahashi
Portland,OR 97217 4470 SW Hall Blvd,Suite C
Beaverton,OR 97005
ZONING
DESIGNATION: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate
detached single-f 'y homes with or without accessory residential units at a rr,;r,;r„um lot size
of 7,500 square feet. Duplexes and attached single-family units are pernutted conditionally.
Some civic and institutional uses are also pernutted conditionally.
LOC'.ATION: 10660 SW 71st Avenue;Washington CountyTax Map 1S136AD,Tax Lot 3700.
PROPOSED PARCEL 1: 8,604 Square Feet
PROPOSED PARCEL 2: 7,500 Square Feet
APPLICABLE
RE VIE W
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
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 APPR4VED the
request for a partiuon subject to certain conditions. The findings and conclusions on which the decision is based are
noted in Section V.
NO7TC�, OF DEQSION MLP2007-00015/AJANII PARTITTON PAGE 1 OF 21
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY
ONSITE IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION AND/OR
FILL ACI'IVITIES:
e app icant s a contact or su mit e o owing requirements to e ,
(503) 71�-2700:
1. Prior to any site work, the applicant shall provide a revised tree plan that contains a sluzunary table listing all
trees over b caliper-inches and identifying each tree that will.be retained or removed. Trees over 6 cal.tper-
inches to be removed shall be marked on the plans. Concernuig the 6 caliper-inch maple, the project arborist
shall determine whether the tree needs to be removed or can be retained. If the tree will be retained,the project
arborist shall provide specific methods for the 6 caliper-inch maple's protection.
2. Prior to any site work,the applicant shall position fencing as directed by the pro'ect arborist to protect the trees
to be retained. All trees to be retained shall be protected with five or six (5' -.�6') foot high chain link fences.
Fences axe to be mounted on two inch diameter�galvanized iron posts driven into the ground to a depth of at
least 2-feet at no more than 10-foot spacing. "111e applicant shall al�ow access by the City.Arborist for the
purpose.of monitoring and inspection of the tree protection to verify that the tree protection measures are
perforn-ung adequately. Failure to follow the plan, or maintain tree protection. fencing in the designated
Iocations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil
citations can be processed.
If work is requixed within an established tree protection zone, the project arborist shall prepare a proposal
detailin�the construction techniques to be employed and the likely impacts to the trees. The proposal shall be
reviewe and approved by the Caty Arborist bef ore proposed work can proceed within a tree protection zone.
The City Arborist may require changes prior to approval. The project arborist shall be on site while work is
occurruig within the tree protection zone and submit a slurui�ary report cert�fying that the work occurred per
the proposal and will not significantly impact the health and/or stabihry of the trees.
3. From initial tree protection.zone (1�'Z) .fencing installation through the building construction.phases, the
applicant shall have an on-gomg responsibilityto ensure that the Pro1ect Arborist has submitted wntten reports
to the Ciry Arborist, at least once every two weeks, as the Project Ar"borist monitors the construction activities.
T�ie reports shall evaluate the condition and location of.the tree protection fencin deterniine if any changes
occurred to the TPZ, and if any part of the Tree Protection Plan has been violated�f the amount of TPZ was
reduced then the Project Arborist shall certify that the construction activities did not adversely impa��t the
overall �ong-term health and stability of the tree(s). If the reports are not submitted to the.Ci�Arbonst at the
schedu�ed ultervals, and if it appears,the TPZ's or the Tree Protection Plan are not beuig ollowed by the
contractor or a sub-contractor, the.C.�ty can stop work on the project until an inspection can be done by the
City Arborist and the Project Arbor�st.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e ap picant s pre�are a cover etter an su mrt rt, a ong wi any supporting ocuments an orp ans
that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: EMILY ENG
(503) 718-2712. The cover letter shall cleady identify where in the submittal the required infonnation is found:
4. Prior to final plat approval, the applicant shall revise the site plan to show the area of Lot 1 after right-of-way
(RO� dedication.
5. Prior to final plat approval, the applicant shall submit a street tree plan indicating the species, size and spacing
of street trees. Size and spacui�shall complywith Section 18J45.040.G2. To ulcrease street tree diversit y,the
application shall consider providin�different tree types for the street trees along SW 71st Avenue and SW Pine
Street. Street trees shall be on the igard Street Tree List. NOTE: It is acceptable for the applicant to.include
a note on the street tree plan that slight variauons in placement may be requi.red due to driveways, utilines,etc.,
but every attempt will be made to keep the same net number of street trees that are shown on the plans.
NOTIC� OF DEQSION MLI'2007-00015/AJAMI PARTITION PAGE 2 OF 21
The ap licant shall repare a cover letter and submit it, alon with an su oitin documents and/or lans
g �y i� g
that a dress the ollowin requirements to the ENGINEERING �EPARTMENT, ATTN: M
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
6. A Public Facility Improvement (PFI) perniit is required for this pro1�ect to cover the public sidewalk,street trees
and any other work in the public right-of-way. S� (6) sets of detailed public improvement plans shall be
submitted for review to the Engmeenng Depaitinent. NOTE: these plans are in addition to any drawings
required by the Buildin Division and should only include sheets relevant to public improvements. PubTic
Facility Improvement �'FI) pemut pla��ns shall conform to Caty of Tigard 1'ublic Improvement Design
Standards,which are available at City Hall and the Cat�s web page (www.tigard-or.�ov).
7. The PFI pernlit plan submittal shall include the exact legal name, address and tele�phone number of the
individual or corporate entity who will be designated as the "Permittee", and who will provide the financial
assurance for the public unprovements. For example, specify if the entity is a co orauon, lirruted partnership,
LLCy etc. Also specify the state wrtlun which the entity is mcorporated and prov�e the name of the corporate
contact person. Failure to provide accurate information to the Engineermg Department will delay processing
of project documents.
8. 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 pubhc improvement construcuon phase.
9. Prior to final plat approval, the applicant shall paythe addressing fee. (STAFF CONTACT: Bethany Stewart,
Engineering�.
10. The applicant shall submit construction plans to the Engi�neering Department as a part of the Public Facility
Improvement perrrut, indicating that they will construct the followulg frontage unprovements along SW Pine
Street as a part of th�s project:
A. 6-foot concrete sidewalk at ultimate location;
B. street trees in the planter strip spaced per TDC requirements;
G streetlight layout by ap p.licant's engmeer,to be approved by City Engineer,and
D. dnveway apron(if appl�cable).
11. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement pemzit, indicating that they will constnict the following frontage improvements along SW 71st
Avenue as a part of this pro�ect:
A. 5-foot concrete sidewalk with planter strip;
B. street trees in the planter stnp spaced per TDC requirements;
G streetlight layout by applicant's engineer,to be approved by City Engineer, and
D. driveway apron(if appI�cable).
12. A profile of both SW Pine Street and SW 71st Avenue shall be required, along the frontage of the subject site
showing the e�sting grade and proposed future grade in order to deternune the sidewalk placement at ultimate
grade.
13. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
imp rovements of SW Pine Street and SW 71st Avenue ad�acent to the sub�ect property, when any of the
following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the fom�ation of a
Local Improvement D�strict,
B. when the unprovements are part of a larger project to be financed or pa.id for in whole or in part by the
City or other public agency,
G when the unprovemenu are part of a larger project to be constnuted by a third parry and involves the
sharing of design and/or construction e�enses by the third pacty 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 unprovements byothe�s adjacent to the sub�ect site.
NO7TCE OF DEQSION MLI'2007-00015/AJAMI PARTITTON PAGE 3 OF 21
14. L.ots 1 and 2 shall not be pern�itted to access directly onto SW Pine Street, except at the app roved shared
access. A non-access reserve strip shall be recorded on the final plat for the remainder of the SW Pine Street
frontage. In addition,Lot 1 shall not be pernzitted direct access to SW 71st Avenue. A non-access reserve strip
shall be recorded on the final plat for the entire SW 71st Avenue frontage.
15. The applicant shall cause a statement to be �placed on the final plat to indicate that the proposed shared
driveway will be�ointly owned and maintained by the pnvate propercy owners who abut and take access f rom it.
16. The applicant shall obtain a proval from the Tualatin Valley Water District for the proposed water connection
prior to�ssuance of the Ca� Public Facility Improvement permit.
17. An erosion control plan shall be �rovided as part of the Public Faciliry Improvement (I'FI) pernut drawings.
The plan shall conform to the Erosion Prevention and Sediment Control Design and Plamung Manual,
Febniary 2003 edition."
18. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Cit�s global
positionuig system(GPS�geodetic control network(GC 22) as recorded in Washington County survey records.
These monuments shall e on the same line and shall be of the same precision as required for the subdrvision
plat boundary. Along with the coordinates, the plat shall contaul 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 Cat�s GPS survey.
. By random traverse using conventional surveying methods.
19. Final Plat Application Submission Requirements:
A. Submit for City review four (4) pap er copies of the final plat prepared by a land surveyor licensed to
practice in Oregon,and necessarydata or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact Plannuig/Engineering Pernlit
Technicians,at (503) 639-4171,ext.2421).
C. The final plat and data or narrative shall be drawn to the minunum standards set forth by the Oregon
Revised Statutes (ORS 92.05) Washington County,and bythe Catyof Tigard.
D. The ri ht-of-waydedication�or the corner radius at the inte�section of Pine Street and 715C Avenue shall
be ma�e on the final plat.
NOTE: Washin on County will not.begin their review of the final plat until they receive notice from
the Engineering �epartment indicatuig that the Ciry has reviewed the final plat and submitted
comments to the applicant's surveyor.
F. After the Caty and County have reviewed the final plat, submit one mylar copy of the final plat for City
Engineer si�nature (for patuuons),or Caty Engineer and Community Development Director signatures
(for subdiv�sions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANC� OF SITE OR BUILDING PERMITS:
e a icant s �p re are a cover etter an su rrut �t, a ong wi a�ny suppottin ocuments an or p ns
that address the foIIo iw n� re uirements to the CITY ARBORIST, TODIS PRA�ER (503) 718-2700. The
cover letter shall clearly identi y where in the submittal the required information is found:
20. If the Builder is different from the Developer or initial applicant:
Prior to a building perniit, the applicant shall submit a site plan drawing indicating the location of trees that
were preserved on the lot during site development. In addiuon,the plan shall include accurate locations of tree
canopy driplines and protection fencuig, and a signature of ap roval from the project arborist regarding the
�lacement and construction techniques to be employed ui b�ding the structures. All prop osed protection
encing shall be ir�.ctalled and inspected rior to conunencing construcuon. The fencing shall rernain m place
t�u-ough the duration of all of the buil� construction phases, until the Ceztificate of Occupancy has been
a roved. Pnor to final ins ection for each lot,the a licant shall submit a final re ort bythe Pro�ect Arborist
c PrPt i fying t he he a l t h o f pro t�ecte d trees an d t h at t he s�treet trees were proper ly p l e d per t he approve d street
tree plan. Tree protection measures ma y be removed and final ins pection authonzed u pon review and a p proval
by the Caty Arbonst.
NOTTCE OF DEQSION MI.P2007-00015/AJAMI PARTITION PAGE 4 OF 21
21. Prior to building pernzits, the applicant/owner shall record deed restrictions to the effect that any existing tree
�reater than 6" diameter may be removed only if the tree dies or is hazardous according to a cerufied arborist.
e deed restriction may be removed or will be considered invalid if a tree preserved u1 accordance with this
decision should either die or be removed as a hazardous tree.
The a plicant shall pre are a cover letter and submit it, alon with any su orting documents and/or plans
that address the }ollowing requirements to the ENG�EERING �EPARTMENT, ATTN: XIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
22. Prior to issuance of building permits,the applicant shall provide the Engineering Department with a paper copy
of the recorded final plat.
23. The CiryEngineer maydetern�ine the necessityfor,and re uire submittal and approval of,a construction access
and��parkuig plan for the home building phase. If the Caty�ngineer deems such a plan necessary,the applicant
shall provide the plan pnor to issuance o} bwlduzg pernuts.
24. Prior to issuance of buildin perniits, the applicant shall Provide the Cit�with as-built drawings of the public
im�provements as follows: 1�3 mil mylar 2� a diskette of the as-builts in`DWG" forn�at,if avalable; otherwise
"I)XF" will be acceptable,and 3) the as-�wlt dra � s shall be tied to the Cit�s GPS network. The applicant's
engineer shall provide the City with an electroni�e with points for each structure (manholes, catc-h basins,
water valves hydrants and other water system features) in the development, and their respective X and Y State
Plane Coorc�uiates,referenced to NAD 83 (91).
25. The applicant shall either place the e�sting overhead utility lines along SW 71st Avenue underground as a part
of this pro�ect,or theyshall paythe fee ui-�ieu of undergrounding. The fee shall be calculated bythe frontage of
the site that �s parallel to the utiliry lines and will be $35.00 per lineal foot. If the fee option �s chosen, the
amount will be $2,975.00 and it shall be paid prior to issuance of buildmg permits.
26. During issuance of the building pernut for Parcel2,the applicant shall paythe standard water quality and water
quant�tyfees per lot (fee amounts will be the latest approved byG�).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL INSPECTION:
e app icant s prepare a cover etter an su mit it, a ong wi an� ysupporhn ocuments an or p ans
that address the folIowin� re uirements to the CITY ARBORIST, TODIS PRA�ER (503) 718-2700. The
cover letter shall clearly identi y where in the submittal the required information is found:
27. Prior to a final inspection, the ProJ'ect 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.
The applicant shall contact the CURRENT PLANNING DIVISION,ATTN:EMILY ENG 503-718-2712:
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.
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.
NOTIC�OF DEQSION MLI'2007-00015/AJAMI PARTTTION PAGE 5 OF 21
SEC'I'ION III. BACKGROUND INFORMATION
Site Inforn�ation and HLSto .
e ropose site is ocate at the corner of SW 71S` Avenue and SW Pine Street, �ust north of I�'ighwa 99W. The
surropiulding area is mosdy sing le-farruly,with multi-family housing closer to 99W. �mmercial develop ent �s ui the
vicinity and on 99W. The su6ject prope�ny has an existuig single-family house and detached garage with trees along
the western and eastern boundanes. TThe property slop e�_s� down from the northwest to the southeast. There are
overhead utility lines along the propert}�s frontage on S�W Pine Street. While the e�sting house fronts on SW 715`
Avenue, the ew,sting vehicle access �s on SW Pine Street. There have been no previous land use decisions related to
the subject property.
�Pro osal:�
The ap licant is requesting a�p�roval to partiuon one 16,104-s qu_are foot (038-acre) lot into rwo lors of 8,604 square
feet an�7 500 square feet. The ex�sting su1 le-family home will be retained on Lot 1 and a new single-family home
will be bui�t on Lot 2. The existin�detache�garage will be removed and a new detached garage will be built on Lot 1.
The applicant is also proposing a shared dnveway on SW Pine Street (a collector) and has requested an adjustment to
the access/egress standards because the proposed shared driveway will not meet the 200-foot spacing standard for
driveways on a collector. The proposed shared dnveway is in the general location of the existing dnveway and no new
driveways are proposed.
SECTION IV. PUBLIC COMMENTS
Staff sent notice to all propertyowners within 500 feet of the subject propertyand received 1 letter(see land use file).
Brant and Karen Blod�ett live on SW 69`�Avenue and wrote of their concems about daily traffic congesuon and noise.
They are opposed to the proposed partition, stating that "adding more homes in such a small area is in no way`good
for our neighborhood."'
RESPONSE: These comments do not address the code criteria. The code allows for the addition of 1 single-family
unit as long as the approval criteria and applicable code provisions are met.
SECTION V. APPLICABLE REVIEW CRITERIAAND FINDINGS
Land Partitions (18.420)
Approval Criteria (18.420.050.A):
1.The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comply with all statutory and ordinance re quirements and
regulations as demonstrated by the analysis contained within this adnunistrative decision. Provided aIl conditions of
approval are satisfied as part ot the development and building process,this criterion is 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 (Cllap 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 standaxds. Improvements
will be reviewed as pa.rt of the pernzit process and dunng construction, at which time the appropriate review authority
will ensure that Caty and appl�cable agency standards are met. Based on the analysis in th�s decision, th�s criterion �s
met.
NOTIC�OF DEQSION MLI'2007-00015/AJANII PARTITION PAGE 6 OF 21
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 proposed Lots 1 and 2 is 84.86 feet and 88.39 feet, respectively.
Therefore,the standard of 50 feet is exceeded.
(b) The lot area shall be as required by the applicable zoning distric� In the case of a flag lot, the accessway
may not be included in the lot area.
The lot areas for Lots 1 and 2 are 8 604 square feet and 7,500 square feet, respectively. Therefore,all parcels meet the
required m;r,;,,,um of 7,500 square 4�eet. Neither lot is a flag lot.
A small amount of rig ht-of-way(less than 100 square feet) is required to be dedicated for the corner radius. Thi.s ROW
dedication will slightly reduce the area for Lot 1. The applicant shall revise plans to show the area of Lot 1 after ROW
dedication.
�c) Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a
egally recorded minimum 15-foot wide access easement
Lot 1 will have 186.18 feet on SW 71" Avenue and SW Pine Street. Lot 2 will have 8839 feet of frontage on SW Pine
Street. Therefore, both lots will exceed the required frontage of 15 feet.
(d) Setbacks shall be as required by the applicable zoning district
Lots 1 and 2 meet the setback requirements of 20 feet front 5 feet side and 15 feet rear for interior lots. As shown on
the site plan,the existing home and new garage on Lot 1 wi�l be within the permitted building envelope. The site plan
also shows that the proposed new home will be within the pern�itted setbacks.
(e) When the partitioned lot is a flag lot, the developer may deternune the location of the front yard, provided
that no side yard is less than 10 feet Structures shall generally be located so as to maximize separabon from
existing stiuctures.
Neither proposed lot is a flag lot. Therefore,this criterion does not apply.
�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 abutttng lots and to provide usable outdoor recreation areas for proposed
developmen�
This standard is applicable to flag lots and does not apply to the proposed panition.
(g) The fire district may re quire the installation of a fire hydrant where the length of an accessway would have
a detrimental effect on fire-�ighting capabilities.
The fire district has not commented on the proposed access. Both lots will have direct access to a public street.
(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 partihon map.
A common drive is proposed and, as a condition of approval, the ap plicant is requ.ired in Condition # 15 to put a
statement on the final plat that will ensure access and rr�mtenance nghts. The applicant's narranve acknowledges th.is
requirement.
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.
NOTTC�OF DEQSION MLP2007-00015/AJAMI PARTTTTON PAGE 7 OF 21
6. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the
city shall reyuire considerabon of the dedication of sufficient open land area for greenway ad�oirung and
v�nthin the tIoodplain. This area shall include portions at a suitable elevation for the construction of a
pedestrian/bicycle pathway with the floodplain in accor�dance with the adopted pedestrian/bicycle pathway
plan.
The proposed paxtition is.not adjacent to or in the one-hundred y�ar floodpla.in. The nearest floodplain is about 1/2
mile away from the artition site. The highest elevation of the nearest floodplain is 170 feet. The lowest elevation of
the partition site�s 3�5 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 pameon and variance(s)/adjustment(s)
will be processed concurrendy.
The applicant has requested an adjustment to the access/egress standards because the proposed driveway on SW Pine
Street does not meet the 200-foot spaculg standard for driveways on a collector.
FINDING: All approval criteria for the proposed partition have been met or can be met by satisfying
conditions of approval.
CONDITION: Prior to final plat approval, the applicant shall revise the site plan to show the area of Lot 1 after
ROW dedicauon.
Variances and Adjustments (18.370�
Section 18370 provides the criteria for an adjustment to access and egress standa�s in Chapter 18.705:
The applicant proposes a shared driveway on SW Pine Street (a collector) and has requested an adjusunent to the
access/egress standards because it will not meet the 200-foot spacing standard for driveways on a collector.
a. In all zoning districts where access and egress drives cannot be readily designed to conform to Code
sta jdards witlun a particp ar parcel, access with an adjoinin� property shall begconsidered. If access in
con unction with another a�el cannot reasonabl�y be actueve the Director may rant an ad'ustrnent to the
access requirements of Cha.pter 18.705 throu h a Type II procedure, as governed in Section 1�.390.030, using
approval criteria contained in Subsection 2b�elow.
b. The Director may approve, approve with conditions, or deny a request for an adjustrnent from the access
requirements contained in Chapter 18.705,based on the following critena:
(1) It is not possible to share access;
The applicant is already proposu'� a shared driveway between Lots 1 and 2. It is not possible to share access with
neighboring properties because they have a.lready been developed,with homes and dnveways. Neither of the two
neighbonng properties has an existing dnveway in a location where it could be possible to share access with the subject
partition in a pracucal way.
(2) There are no other alternative access points on the street in question or from another street;
There are no alternative access points on SW Pine Street or on SW 71"Avenue where the shared drivewaywould better
satisfy the access spacing standard. A dnveway on SW 71S`Avenue would be too close (within 30 feet) to the irifluence
area of a collector uitersection(ininimum standard is 150 feet). The proposed location would be farther away(131feet).
(3) The access separation requirements cannot be met;
Access separation requirements cannot be met. The proposed shared drivew�ay is approximately 131 feet east of the
intersection of Pine Street and SW 71st Avenue. In adcCition, there are three driveways to the east of the proposed
driveway that are within 200 feet. There is no location along this frontage where the access spacuig standar�i can be
met.
NOTIC� OF DEQSION MLI'2007-00015/AJANII PARTTTTON PAGE S OF 21
(4) The request is the minimum adjustment required to provide adequate access;
The ap�licant is proposing a shared driveway between the two lots on SW Pine Street. A driveway off the local street,
SW 7�S Avenue,would be less practical functionally and would be even closer(within 30 feet) to the influence area of a
collector intersection than would the proposed location (131 feet). The pro�posed shared driveway is in the general
locauon of the e�vsting access. No new dnveways are being proposed. Therefore, the request �s the m,n;mum
adjustment required to provide adequate access.
(5) The approved access or access approved with conditions will result in a safe access; and
The proposed access will result in a safe access for the following reasons: 1) The proposed location is the furthest away
possble�131 feet) from the influence area of SW Pine Street and SW 71st Avenue while not becoming closer to other
e�stuig nveways to the east;2) Site distance can be met. The posted speed limit for both streets is 25 mph,requu-uig a
muiunum of 250 feet of sight distance. The project en ineer states that measured sight distance is appro�nately 935
feet to the west of the access pou-it and 665 feet to t�e east of the access point; and 3) As indicated below, v�sual
clearance will be met.
(6) The visual clearance requirements of Chapter 18.795 will be me�
As shown on the site plan, visual clearance requirements will be met. The portion of the e�sting hedge in the visual
clearance triangle will be removed.
FINDING: The adjustment criteria have been met.
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 standa�cis and the proposed dimensions:
DEVELOPMENT STANDARDS and PROPOSED DIMENSIONS
R-4.5 Standards Pamel 1 (Existing Parcel 2
house with new Proposed
detached ara e
Minunum L.ot Size
-Detached unit 7,500 sq.ft. 8,604 sq.ft. 7,500 sq.ft.
Average Muiunum Lot Width
-Detached unit lots 50 ft. 84.86 ft. 88.39 ft.
Muiunum Setbacks
-Fmnt yard 20 ft. 48 ft. 20 ft.
-Side yard 5 ft. 8 ft. 5 ft.
-Side comer yarri 15 ft. 15 ft. NA
-Rear yard 15 ft. 16 ft. 15 ft.
-Distance between ro line and front of ara e 20 ft. 20 ft. 20 ft.
Maximum He' ht 30 ft. <30 ft Can be met
Accesso Structure 528 s .ft. all zones 432 s .ft. Not ro osed
FINDING: As shown in the comparison table, development standards have been met or can be met during
building plan review.
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}or general ci�ulation within the site.
General Provisions (18.705.030):
Continuing obli�ation of pro�erty owner. The provisions and maintenance of access and egress stipulated in
this tide are cont�niung requirements for the use of any stcucture or pa�el of real property in the City.
NOTTC� OF DEQSION MLP2007-00015/AJAMI PARTTTION PAGE 9 OF 21
Access plan requirements.
No buiIding or other permit shall be issued until scaled plans are presented and_app roved as provided by this
chapter that show how access, egress and cirrulation requirements are to be tultilled. The applicant shall
submit a site plan. The Director shall provide the applicant with detailed information about tlus submission
requiremen�
The applicant has submitted a site plan showing how access, egress and circulation requirements will be fulfilled.
Therefore,this critenon�s 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.
Parcel 1 has direct access to SW 715L Avenue and SW Pine Street. Parcel 2 has direct access to SW Pine Street.
Therefore,this criterion is met.
Curb Cuts. Curb cuts shall be in accordance with Section 18.810.030.0.
Curbs are not required for the prop osed partition; as discussed in Streets and Utility Improvements. The curb cut for
the proposed access will be the asphalt dnvewaywrth no curbs.
Inadequate or hazardous access.
(1) �p plications for building pernuts shall be referred to the Commission for review when, in the opinion of
the I�rector, 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 would require review by the Conunission. 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.
The applicant proposes direct access to a collector street. As shown in the Variances and Adjustments section, the
proposed shared access is in the location of the existing driveway and is the only practical way to access the site anth a
ve�ucle. Theref ore,this criterion is met.
(3) In no case shall the desi�n of the service drive or drives requ� ire or facilitate the backward movement or
other maneuvering of a velucle within a street, other than an alley. Single-family and duplex dwellings are
exempt from tlus requiremen�
This proposal is for single-familyhomes and is,therefore,exempt from meeting this criterion.
Access Management
(1) An access report shall be submitted with all new development proposals which verifies design of driveways
and streets are safe by meeting adequate stackin�g needs, sight distance and deceleration standards as set by
ODOT, Washington County,the City and AASHTO.
The applicant's engineer has submitted a preluninary sight distance certification for the proposed shared access on SW
Pine Street. The proposed access is located approx� imately 131 feet east of the stop controlled uitersection of Pine
Street and SW 71st Avenue. The posted speed limit for both streets is 25 mph, requiring a muumum of 250 feet of
sight distance.
The engineer states that measured sight distance is approximately 935 feet to the west of the access point and 665 feet
to the east of the access point. This criterion is met.
NOTTC� OF DEQSION MLI'2007-00015/AJANII PARTI7TON PAGE 10 OF 21
�2) Driveways shall not be permitted to be placed in the influence area of collector or arterial street
inteisections. 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 shaIl be 150
feet,measured from the n�ht-of-way line of the intersecting street to the throat of the proposed driveway.The
setback may be greater epending upon the influence area, as detennined from City Engineer review of a
traffic impact report submitted by the applicant's traffic engineer. In a case where a pro�ect has less than 150
feet of street frontage, the applicant must explore any option for shared access with the ad�acent pa�el. If
shared access is not possible or practical,the driveway shall be placed as far from the intersect�on as possible.
SW Pine Street is classified as a Collector on the Caty of Ti�ard's TSP. The proposed driveway is approximately 131
feet east of the intersection of Pine Street and SW 71st �Lvenue, which is witFun the influence area of a collector
intersection. The applicant has proposed a shared driveway for the e�sting lot and the new lot,which has been located
at the shared propertylu�e,which is as far as possible from the intersection,therebymeeting this criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall
be 200 feet The minimum spacin�of drivewa�ys and streets along an arterial shall be 600 feet The minimum
spacing of local streets along a local street shall be 125 fee�
SW Pine Street is classified as a Collector on the City of Tigard's TSP. The proposed shared driveway is approximately
131 feet east of the intersection of Pine Street and SW 71st Avenue. In addinon,there are three dnveways to the east of
the proposed driveway that are within 200 feet. There is no location along this frontage w4iere the access spacing
standard can be met. Therefore, the applicant has applied for an adjustment to the access spacing standard, in
accordance with 18.370.
Minimum Access Requirements for Residential Use
�1) Vehicular access and egress for single-family, duplex or attached single-family dwelling units on
individual lots and multi-famly residential uses shall not be less than as provided in Table 18.705.1 and Table
18.705.2;
Table 18.705.1 states that the miniinum vehicular access and egress for up to two single-farruly dwelling shall be one
10-foot paved drivewaywithin a 15-foot-wide access. The site plan shows that Lots 1 and 2 have 10132 feet and 88.39
feet, res�ect�vely of frontage on SW Pine Street,providing more than 15 feet of access. The drivewaypavement is 12
feet wide,exceec�ing the standard by2 feet. Therefore,th�s criterion is met.
FINDING: Based on the findings above,the access,egress and circulation standards have been met.
DensityComputations (18.715.�
Section 18.715.020 provides density calculation formulas. Number of dwelling units is deternuned by the
following:
A. Definition of net development area. Net development area, in acres, shall be dete�nined by
subtracting the following land area(s) from the gross acres, which is all of the land included in the
legal descnption of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way.
4. All land proposed for pnvate 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 f ollowing calculation f or net developable area:
Gross site area: 16,104 SF
Public ROW dedication: -100 SF�
et eve opa e area: ,
'�Right-of-waydedication is estimated at no more than 100 square feet.
NOTTCE OF DEQSION MLI'2007-00015/AJANII PARTTTTON PAGE 11 OF 21
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
The maxiinum number of residential units pernutted is 2,as shown below:
16,004 SF/7,500 SF =2.13 units =2 units
G Calculating minimwn nwnber of residential units. As re quired by Section 18.510.040, the minimum
number ot residential units per net acre shall be calculated by multiplying the maximum number of
units determined in Subsect�on B above by 80% (0.8).
The m;n;mLUn number of residential units is 1,as shown below:
2.13 units x 0.8 = 1.70 uruts = 1 unit
FINDING: The proposed partition complies with the densirypernutted bythe 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 a.pproved after the ado tion of tlus tide shall be required to plant street trees in accordance with the
standards in Section 18.745.040�
The applicant has proposed in the narrative to plant 9 street trees medium-stature.street trees at a spacing of 30 feet
apart. However, the plans do not indicate any street trees. The applicant's namative indicates street trees will be on
fuial construcuon plans. In addition the applicant indicates theywant to use the 6 caliper-inch Maple at the SE corner
as a street tree. However, this tree is located within the property The street trees are required at ultimate location,
between the sidewalk and future curb. Therefore,the 6-inch 1Vlaple cannot be a street tree.
As a condition of approval,the applicant shall submit a street tree pl�an indicating the species,size and spacing of street
trees. Size and spacin�gshall complyunth Section 18.745.040.C.2. To increase street tree dzversity,the application shall
consider providing dif�erent tree rypes for the street trees along SW 71st Avenue and SW Pine Street.
It is acceptable for the applicant to include a note on the street tree plan that s1�ht variations in Placement may be
required due to driveways, utilities, etc., but every attempt will be made to keep the same net num-ber of street trees
that are shown on the plans.
B. Street Tree Planting Lis� Cettain 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 the species, which must be on the Tigard Street Tree List or otherwise approved by
the Caty Arbonst. The applicant is required to indicate the species on the street tree plan.
C. Size and Spacin of Street Trees. The specific spacing of street trees by size of tree shall be as stated in
Section 18.745.040.�2 of the code.
The applicant is required to provide a street tree plan indicating the size and spacing of the trees.
FINDING: Based on the findings above,the applicable Landscaping and Screening criteria are not met.
CONDITTONS: Prior to final plat approval, the applicant shall submit a street tree plan indicating the s�pecies, size
and spacing of street trees. Size and spacuig shall comply with Secuon 18.745.040.C.2. To increase
street tree diversity, the application shall consider providing different treetypes for the street trees
alon SW 71st Avenue and SW Puie Street. Street trees shall be on the Tigard Street Tree List.
NO�: It is acceptable for the applicant to include a note on the street tree plan that slight
variations in placement may be reqwred due to driveways utilities, etc., but every attempt will be
made to keep the same net number of street trees that are s�own on the plans.
NOTTCE OF DEQSION NII.P2007-00015/AJAMI PARTITTON PAGE 12 OF 21
Off-Street Parkin�and LoadinQ Req�uirements (18J65�
Section 18.765.02 .A states t at the� the erection of a new structure within any zoning district,
offstreet vehicle parking will be provided in acco�iance with Section 18.765.070 (minimum and maximum
parking requirements).
For single-family dwellings, one parking space per dwelling unit is required. The applicant acknowledges this
requu-ement and uidicates that the e�sting and new home will provide at least one on-site parking space in a garage or
on each lot's portion of the paved driveway. Therefore,this cnterion�s met.
Section 18.765.030.B.1 states that off-street parking spaces for single-family and duplex dwellings and single-
family attached dwellings shall be located on the same lot with the dwelling(s).
Each lot will have iu own garage and a portion of the paved driveway,where a car could park. Therefore,this criterion
is met.
FINDING: Based on the findings above,parking and loading requirements have been met.
Tree Removal(18.790�
Tree Plan Requirements (18.790.030):
A. A tree plan for the planting, removal and protection of tnees prepared by a certified arborist shall be
provided tor any lot, parcel or combination of lots or pa�els for which a development app lication for a
subdivision, pamt�on, srte development review,planned development or conditional use is filed Protection is
preferned over removal wherever possible.
The applicant submitted a tree plan byTerrance Flanagan, a certified arborist. However,the tree plan does not contain
all of the required elements.
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 plan (Sheet G7) identifies the locauon,size and species of existing trees;therebymeeting this criterion.
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper.
Mitigation must follow the replacement guidelines of Section 18.790.060D, in acco�lance with the following
standards and shall be exclusive of trees required by other development code provisions for landscaping,
streets and parking lots:
(a) Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in
accordance with Section 18.790.060D of no net loss of trees;
(b) Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the
trees to be removed be mitigated in accordance with Section 18.790.060D;
(c) Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 pe�ent of the
trees to be removed be mitigated in accordance with Section 18.790.060D;
(d) Retention of 75°/o or greater of existing trees over 12 inches in caliper requires no mitigation.
The applicant plans on retaining 2 of 2 trees over 12 caliper inches on site. Tlvs represents a 100% retention rate;
therefore, no rrutigauon or cash assurance is required. However, to ensure the protecuon of these trees the applicant
shall provide a more detailed tree pl_an that contains a table listing all trees over 6 cahper-uiches and identi�ying each tree
that will be retauied or removed. The tree plan is not clear.
NOTTC�OF DEQSION MLP2007-00015/AJAMI PAR'TI7TON PAGE 13 OF 21
3. Identification of all trees which are proposed to be removed;
Tl�vs requirement has not been met. In�particular,the four fnut trees along SW Pine Street are partlyin the right-of-way
and it a�ppears they need to be removedwith the construction of the sidewalk. In addition, it appears that the required
sidewalk will be constructed within the tree protection zone of the 6 caliper-inch maple at the SE corner of the site.
The project arborist shall identify all trees 6 caliper-inches and greater to be removed both in sumir�ary table forniat and
on the plans. C,oncerning the 6 caliper-inch maple, the project,arborist shall deterniine whether the tree needs to be
removed or can be retained. If the tree will be retained,the pro�ect arborist shall provide specific methods for tree #'s
protection.
4. A protection program defining standards and methods that will be used by the applicant to protect trees
during and after construction.
This requirement has not been met. The project arborist shall prepare protection sPecifications for all trees 6 caliper
inches and above to be retained. The protection spec�fications should uiclude standards and methods for protectulg
trees both during and after construcuon. Tree protecuon fencuig should be shown to scale on the plans per the project
arborist's recommendations. The e�sting hedge not being removed also needs to be adequately protected with
protection fencing shown to scale on the plans. The "after construction" s pecifications should uiclude approved
Iandscaping methods and materiaLs that will be compatible with existing trees. The tree and landscape protection plan
shall include a signature of approval from the project arborist.
G Subsequent tree removal. Trees removed within the period of one year prior to a development application
listed above will be inventoried as part of the tree plan above and will be replaced according to Section
18.790.O60D.
There is no evidence that any trees on the property have been removed within a year of this development application.
Subsequent Removal of a Tree (18.790.040):
Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons
set out in a tree plan, in accordance with Section 18.790.030, or as a condition of a�pp roval for a conditional
use, and shall not be subject to removal under any other section of this chapter. TF�e prope�rty owner shall
record a deed restriction as a condition of a�proval of any development pernut affected by this sechon to the
effect that such tree may be removed only if the tree dies or is hazardous according to a certified a�fioris�
The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this
section should either die or be removed as a hazardous tree. The form of ttus deed restriction shall be subject
to approval by the Director.
A condition of approval will ensure that this standarcl is met.
FINDING: Tree protection has not fullybeen met. The applicant shall satisfythe conditions below:
CONDITTONS:
. The applicant shall provide a revised tree plan that contains a siuTUr�ary table listin� gall trees
over b caliper-inches and identify�'n each tree that will be retained or removed. Trrees over
6 caliper-inches to be removed sh�be marked on the plans. Concerning the 6 caliper-inch
maple, the project arborist shall detem�ine whether the tree needs to be removed or can be
retauzed. If the tree will be retained, the project arborist shall provide specific methocis for
the 6 caliper-inch maple's protection.
. Prior to anysite work,the applicant shall position fencin as directed bythe pro'ect arborist
to protect the trees to be retained. All trees to be retaine�shall be protected v�nt�five or six
(5' - 6') foot high chain link fences. Fences are to be mounted on two inch diameter
�alvanized iron posts, driven ulto the gr�ound to a depth of at least 2-feet at no more than
0-foot spac�'ng. The applicant shall allow access by the City Arborist for the purpose of
monitoring and inspection of the tree protection to verify that the tree protection measures
are perforrriing adequately. Failure to follow the plan,or maultain tree protection fencing in
the designated locations shall be grounds for immediate suspension of work on the site
until remediation measures and/or civil citauons can be processed.
NO7TC�OF DEQSION MLI'2007-00015/AJAMI PARTTTION PAGE 14 OF 21
If work is required within an established tree protection zone, the project arborist shall
prepare a proposal detailing the construction techruques to be emp loy�d and the likely
unpacts to the trees. The proposal shall be reviewed and approved by the City Arbonst
before proposed work can proceed witlun a tree protection zone. The City Ar6orist may
reqwre change�s prior to approval. The project arborist shall be on site while work �s
occurnng within the tree protecuon zone and submit a suinrr�ary report certify�'ng that the
work occurred per the proposal and will not significantly impact the health and/or stability
of the trees.
. If the Builder is different from the Developer or initial applicant
Prior to a building pernzit, the applicant shall submit a site plan drawing indicating the
location of trees that were preserved on the lot during site development. In addition, the
plan shall include accurate Iocations of tree canopy dn�phnes and protecuon fencuig, and a
signature of approval from the project arborist regarding the placement and construction
techniques to be em}�loyed in bwlding the structures. All Proposed protection fencing shall
be installed and u�s�pected pnor to commencing construction. The fencing shall remain in
place throu�h the duration of all of the building construction phases,until the Certaficate of
�kcupancy has been approved. Prior to final inspection for each lot, the applicant shall
subirut a final report bythe Project Arborist certifyu�g the health of protected trees and that
the street trees were properly planted per the apProved street tree plan. Tree protection
measures may be removed and fulal u�spection authorized upon review and approval by the
Ciry Arbonst.
. From initial tree protection zone .�'IT'Z) fencing .installation through the building
construction phases, the applicant shall have an on-goulg responsibility to ensure that the
Project Arbonst has subrrutted wntten reports to the City Arbonst, at Ieast once every two
weeks, as the Project Arborist morutors the construct�on activiues. The reports shall
evaluate the condition and location of the tree protection fencing, deternzine if anychanges
occun-ed to the TPZ, and if any part of the Tree Protecuon Plan has been violated. If the
amount of TPZ was reduced, then the Project Arborist shall ceni.fy that the construction
activities did not adveisely impact the overall, long-term health and stability of the tree�s�.
If the reports are not submitted to the City Arbonst at the scheduled intervals, and � it
appears the TPZ's or the Tree Protection Plan are not being f ollowed by the contractor or a
su6-contractor,the City can stop work on the project until an inspection can be done bythe
City Arborist and the Project Arborist.
. 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.
. Prior to building perniits, the applicant/owner shall record deed restrictions to the effect
that any e�cisting txee greater than 6" diameter may be removed only if the tree dies or is
hazardous according to a certified arborist. The deed restriction may be removed or will be
considered invalid i� a tree preserved in accordance with this decision should either die or
be removed as a hazardous tree.
Visual Clearance Areas (18J95�
This Chapter requires t a clear vision area shall be maintained on the corners of all property adjacent to
inteisecting� nght-of-ways or the inteisection of a public street and a private driveway. A clear vision area
shall contain no vehicIe, hedge, lanting fence, wall structure, or temporary or permanent obstntction
exceedin� three �3) feet in height �he coc�e provides that obstructions that may be located in this area shall
be visua y clear etween three (3) and eight(�) feet in height Trees may be placed within this area provided
that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by
measurin from the corner, 30-feet along the right of way and along the driveway and connecting these two
points wi�a straight line.
The applicant acknowledges the visual clearance standard and shows a visual clearance triangle correctly on the site
plan. The plan shows that portion of the existing hedge in the visual clearance triangle will be removed.
FINDING: Visual clearance standards are met.
NOTTC�OF DEQSION MLI'2007-00015/AJANII PARTITTON PAGE 15 OF 21
Im�act Study_(18.390�
Section 18.360.090 states, "The Director shall make a finding with res�ect to each of the following criteria
when approving, approving with conditions or denying an application:'
Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of
development on public facilities and services. For each public facility system and type of impact, the
study shall propose improvements necessary to meet City standard, and to minimize the impact of the
development on the public at large, public facilities systems, and affected private property users.
In situations where the Community Development Code requires the dedication of real property interests, the
applicant shall either specifically concur with a requirement for public right-of-way dedicahon, or provide
evidence that supports that the real roperty dedicabon is not roughly propo�tional to the projected unpacts
of the develo ment Section 18.390.�40 states that when a condition of ap roval requires the transfer to the
public of an interest in real property,the approval authority shall adopt findings whicFi suppo�t the conclusion
that the interest in real property to be transferred is roughly propomonal to the impact the proposed
development will have on the public.
The applicant has provided an impact studythat quantifies the effect of the proposed partition on the services below:
Sewer. The e�sting dwelling is already connected to the sewer line in SW Pine Street. Parcel2 will be connected to the
same line through a new lateral.
Water. The e�stin�dwelling is already served by the water main in SW 715L Avenue. Parcel 2 will connect to the water
main in SW Pine treet through a new lateral within a utility easement. Tualatin Valley Water District ('I'�1WD)
provides water service to the area. The applicant is required to subrrut plans to T'VWD for review and approval pnor
to receivu7g a PFI permit.
Storm Dra.ina e: Runoff from the site is handled b�yr�oadside ditches and culverts. The applicant will be paying a fee
in- �eu o a storm water detention facility because C,�X/S exempts small projects like partitions from having to construct
onsite detention facilities.
Parks: The applicant will be paying a parks system development charge for the additional house at the time of building
permits.
Trans onation: The subject propercy is located within an existing network of streets at the corner of SW 7151 Avenue
and S U Pine Street. SW 715` Avenue �s a neighborhood route on the Cat�s� Transportation System Plan ('I'SP . While
SW Pine Street is a local street for most of its length in the County,the 13P des���g nates it a collector for the ength of
the block in which the sub'�ect properry is.located. SW Pine Street becomes a collector at this point because it gets the
collector traffic from SW Oak Street twnuig onto SW Pine Street from SW 71S` Avenue. The applicant is required to
provide frontage improvements along SW 715` Avenue and SW Pine Street, as well as dedicate a small amount of
r�ht-of-way(less than 100 square feet) for the corner radius. In addition,the applicant will pay a Washington County
T�raffic Impact Fee ('ITF) at the tune ot building permits.
Mit� ated Costs and Ro h Pro ortionali .
The applicant ' pay a F at t e time o building permits. The TIF is a mit� ation measuxe that is required for new
development. Based on recent Washington Counry f�u�-es, TTF's are expecte�to recap ture 20% of the traffic impact
of new development on the Collector and Artenal Street system. The applicant wi11 be required to pay TIF s of
approximately$3,020 (Effective July 1 2004) per new dwelling unit. Therefore,the 7TF for this proposed development
is $3,020 ($3,020 '` 1 new dwelling urut�.
Based on the estimate that total TIF fees cover 20% of the impact on ma'or street im� provements citywide, a fee that
would cover 100 percent of this project's traffic impact is $15,100 ($3,02� =0.20). The difference between the TIF
paid, and the full unpact, �s considered the uruiutigated unpact on the street sys tem. The unnutigated impact of this
pro�ect on the transportauon sys tem is $12,080 ($15,100 - $3,020). The applicant is required to construct a 5-foot
sidewalk at ultimate location along the project's frontage on SW 71S` Avenue and �s reqtured to constnict a 6-foot
sidewalk at ultimate location along the pro�ect's frontage on SW Pine Street. In addition, the app licant is requ.ired to
dedicate a small amount of ROW of less than 100 square feet for the corner radius. The estimated cost of the sidewalk
construction �s $6,250 and the estimated cost of the ROW is no more than $300 for a total mitigated cost of $6 550.
Based on the analysis below, there is $5,530 worth of urunitigated impacts left. Therefore, the required nght-o�way
dedication and improvements meet the rough proportionality test.
NOTTC� OF DEQSION MLI'2007-00015/AJAMI PARTITTON PAGE 16 OF 21
Rou h Pro ortionali
F �mp act... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $15,100
Less TIF Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .3,020
Less Miti ated Costs...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6 550
Estimate V ue o Urunitigate Impacts $5,530
PUBLIC FACILITY CONCERNS
Street And Utili Im rovements Standards Section 18.810 :
Chapter 18.810 provi es construction stan ards or the implementation of public and private facilities and
utilities such as streets, sewers,and drainage. The applicable standards are addressed below:
Streets:
Improvements:
Secdon 18.810.030.A.1 states tliat streets within a development and streets adjacent shall be improved in
accorciance 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 e�cisting
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 2-lane Collector Street to have a
58 foot ri�ht-of-way width and 34-foot paved section. Other improvements rec�uired may include on-street
parking, sidewalks and bikeways, underground utilities, street lighting,sto�n drainage,and street trees.
This site lies adjacent to.SW Pine Street, which is classified as a Collector on the Caty of Tigard Transportation Plan
Map. At present, there �s approximately 30 feet of ROW from centerline, according to the most recent t� assessor's
map. The applicant should dedicate the additional ROW to provide the appropnate corner radius at the intersection.
SW Pine Street is currently partially improved. In order to mitigate the impact from this development, the applicant
should constnact 6 foot wide sidewalks and provide street trees alon the frontage at the ultimate location and enter into
a future street improvement agreement for the remainder of the�street improvements.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Nei�hborhood Route to have a
54 right-of-way width and 32-foot paved section. Other improvements required may include on-street
parking, sidewalks and bikeways,underground utilities, street lighting,stonn drainage,and street trees.
This site lies ad'acent to SW 71st Avenue, which is classified as a Ne' hborhood Route on the City of Tigard
Transportation �lan Map. At present, there is ap�proximately 30 feet of R�from centerline, according to the most
recent tax assessor's map. The applicant should dedicate the additional ROW to provide the appropriate corner radius
at the intersection.
SW 71st Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant
should construct 5 foot wide sidewalks and provide street trees alon�gthe frontage at the ultimate locauon and enter into
a future street improvement agreement for the remainder of the halt-street improvements.
Grades and Cun�es: Section 18.810.030.N states that grades shall not exceed ten per�cent on arterials, 12% on
collector streets, or 12% on any other street(except that local or residential access streets may have se ments
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves sha�be as
determined by the City Engineer.
The existing grades along both SW Pine Street and SW 71st Avenue are much less than 12%, thereby meeting this
cntenon.
Block Desi ns - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due rega�to providing adequate building sites for the use contemplated, consideration of needs for
convenient access, 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
NOTIC�OF DEQSION MLI'2007-00015/AJAMI PARTTTTON PAGE 17 OF 21
. Where street location is precluded by natural topography, wedands or other bodies of water or, pre-
existing development or,
. For blocks adjacent to arterial streets,limited access highways,major collectors or railroads.
. For non-residential blocks in which internal public circulahon provides equivalent access.
The proposed partition does not require new streets and will not be fonning new blocks. Therefore, this criterion
does not apply.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average
lot width,unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district
Both lots (8 604 SF and 7,500 SF) would be less than 1.5 times the inirumum lot size (1.5 x 7,500 SF = 11,250 SF).
Therefore,t�iis criterion does not apply.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private
streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c ap lies, wluch requires a pat�el to
either have a minimum 15-foot frontage or a mimmum 15-foot wide reco�ed access easement In cases
where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet
Both lots have more than 15 feet of frontage required for partitions. Parcels 1 and 2 have 186.18 feet and 88.39 feet
of frontage,respectively.
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 5 foot wide public sidewalks along both street frontag es. However,
the sidewalk along�SW Pine Street �s required to be a minimum 6 foot in width because it is for a C.:ollector Street.
Therefore the applicant's PFI Pernzit submittal shall note this change.
Sanitary Sewers:
SeweYS Required: Section 18.810.090.A requires that sanitary sewer be installed to seive each new
develo ment and to connect developments to existin mains m accordance with the provisions set forth in
Design and Construction Standards}or Sanitary and Su rface Water Management(as adopted by Clean Water
Sernces in 1996 and including any future revisions or amendments) and the adopted pohcies of the
comprehensive plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional
development within the area as projected by the Comprehensive Plan.
The applicant's plans show the existing home is served by an existing lateral. The plans show a new sewer lateral will
serve the proposed home.
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 enough to accommodate potential runoff from its entire upstream drainage area,whether inside
or outside t�e developmen� The City Engineer shall approve the necessary size of the facility based on the
pro� visions of Design and Construction Standands for Sarutary and Surface Water Management�as adopted by
�lean Water Services in 2000 and including any future revisions or amendments).
There are no upstream drainage ways that impact this site. The storm water runoff in this area is handled by roadside
ditches and culverts.
NOTIC�OF DEQSION MLI'2007-00015/AJANII PARTITION PAGE 18 OF 21
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 exisbng drainag e facility, the
Director and Engineer shall wi�old 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 sn.tdy of F�o Creek and adopted the Fanno Creek
Watershed Management Plan. Section V of that plan includes a recommendation that local goverrunents institute a
stormwater detention/effective un�pervious 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 uicrease of unpervious surfaces
provide onsite detention facilities, unless the development u located adjacent to Fanno Creek. For those
developments adjacent to Fanno Creek,the storm water nuioff will be pernlitted to d�scharge without detention.
Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be pernzitted to discharge
without detention.
The C,,WS standards include a provision that would exclude small projects such as residential land partitions. It would
be impractical to require an on-sne water quantity facility to accommodate detention of the storm water from Parcel2.
Rather, the CWS standards provide that appl�cants should pay a fee in-lieu of constructing a facility if deemed
appropnate. Staff recorrunends payment of the fee in-heu on this apphcation.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television sennces and related facilities shall be placed under�ro� und, except for surface
mounted transformeis, surface mounted connection boxes and meter cabinets wIuch may be placed above
ground,temporary utility setvice facilities during construction,high capacity electric lines operahng at 50,000
volts or above,and:
. The developer shall make all necessary arrangements with the serving utility to provide the
under�round services;
. The C"ity reserves the ri�ht to approve location of all surface mounted facilities;
. All underground utilit�es, incIuding sanitary seweis and storm drains installed in streets by the
developer,shall be constructed pnor to the surfacing of the streets;and
. Stubs for service connections shall be long enough to avoid 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 detemunes that the
cost and technical difficulty of under-groundin� the utilities outweighs the benefit of under-grounding in
conjunction with the development The deternunation shall be on a case-by-case basis. The most common,
but not the only such situat�on is a short frontage development for which under- rounding would result in
the placement ot�additional poles, rather than the removal of above-ground utilities�acilities. An applicant for
a development which is served by 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 71st Avenue, on the opposite side of the street. If
the fee in-lieu�s proposed, it is egual to $35.00 per lineal foot of street frontage that contau�s the overhead lines. The
frontage along tlus site is 85 ].uieal feet;therefore the fee would be $2,975.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
Tualatin Valley Water District�provides service in this area. The applicant shall submit plans to TVWD for review and
approval prior to issuance of the C�t�s PFI Pernut.
NOTTC�OF DEQSION MLI'2007-00015/AJAMI PARTITION PAGE 19 OF 21
Storm Water ali .
The City s agreed to enfo�e 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 constiuct�on of on-site water quality facihties. The facilities shall be desi ned to remove 65
percent of the phosphotus contained in 100 per�cent of the storm water ninoff�enerated�rom newly created
impervious surfaces. In addition, a maintenance plan shall be submitted indicating the f�quency and
method to be used in keeping the facility maintained through the year.
The CW5 standards include a provision that would exclude small projects such as residential land partitions. It would
be impractical to require an on-site water qualiry facilityto accommodate treatment of the storm water from Parcel2.
Rather, the CWS standards provide that appIicants should pay a fee in-lieu of constructing a faciliry if deemed
appropnate. Staff recommends payment of the fee in-lieu on tlus application.
Grading and Erosion Control:
CWS Desi n and Constiuction Standarcls also regulate erosion control to reduce the amount of sediment and
other po�utants reaching the public storm and surface water system resulting from development,
construct�on, grading, excavat�ng, clearin , and any other activity wluch accelerates erosion. Per CWS
regulations the applicant is required to su�mit an erosion control plan for City review and approval prior to
issuance o�'City permits.
The applicant shall submit an erosion control plan with their PFI Permit submittal.
Address Assi nments•
The City o igar is responsible for assigning addresses for parcels within the City of Tigard and within the Urban
Service Boundary(USB). An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be
paid to the City pnor to final plat approval.
Surve Re uirements•
The app 'cant's in p�t shall contain State Plane Coordinates AD 83�(9� 1)] on two monuments with a tie to the
Cit�s global positioning system(GPS) geodetic control network�GC 22). These monuments shall be on the same line
and shall be of the same prec�sion as reqwred for the subdivision plat boundary. Along with the coordinates,the plat
shall contain the scale factor to convert ground measurements to gnd measurements and the angle from north to gnd
north. These coordinates can be established by.
. GPS tie networked to the Cat}�s GPS survey.
. By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawu�s shall be tied to the GPS network The applicant's en��ineer shall provide
the City with an electronic file with points�or each structzu-e (manholes, catch basins,water valves,h ts and other
water system features) in the development, and their respective X and Y State Plane Cooxdinates, re erenced to NAD
83 (91).
SEGTION VI. OTHER STAFF COMMENTS
The City of Tigard Engineering Division has reviewed the proposal. Full comments are included in the land use
file. Finding s and condiuons of a proval are included in the Access,Egress and Circulation (18.705) section and Streets
and Utility Improvements (18.81�section of this decision.
City of Tiga�i Building Division has reviewed the proposal and has no objections.
The City Arborist has reviewed the proposal, Full corrunents are included in che land use file. Findings and
conditions of approval are included in Landscapulg and Screening (18.745) section and Tree Removal (18.790) section
of this decision.
SECI'ION VII. AGENCY/OTHER SERVICE PROVIDER COMMENTS
C1ean Water Services (CWS) has reviewed the proposal and provided comments related to sanitary sewer, storm
drainage and water quality and erosion control. Full comments are uicluded in the land use file. The City of T"igard
Engineenng Department has uicluded G�US comments in its conditions of approval.
NOTIC�OF DEQSION MLP2007-00015/AJAMI PARTTTTON PAGE 20 OF 21
Tualatin Valley Water District(TVWD) has reviewed the proposal and provided the following comment:
SINGLE FAMILY DWELLINGS - RE LJIRED FIRE FLOW: The minimum available fire flow for sin le famil
we � gs an up exes serve y a municip water sup pys e 1,000 gallons per minute. If the structure�s) is (are�
3,600 square feet or larger,the required fire flow shall 6e deterniined according to IFC Appendix B. (IFC B 105.1)
The fi�hydrant shozr�c on tlae subr�attal draz¢ir�gs mat 1�capiab�e�Prnuclang tl�ra�uin�l fa�flor�dermyxl
RESPONSE: The Building Division will verify whether the existing hydrant is capable of providing the required fire
flow during the building plan review for the proposed new dwelling on Parcel2.
Verizon has reviewed the proposal and notes that the subject property is in Qwest's service area. Qwest has been
provided the opport�uuty to comment, but did not comment.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
X Owner of record within the required distance
X Af f ected government agencies
Final Decision:
THIS DECISION IS FINAL ON FEBRUARY 29,2008 AND BECOMES
EFFECTIVE ON MARC�I 15,2008 UNLESS AN APPEAL IS FILED.
�e�al:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise
adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in
accordance with Section 18390.040.G.2. of the T'�igard Community Development Code which provides that a written
aPpeal together with the re�quired fee shall be filed with the Director withui ten(10) business days of the date the Notice
o}-Decuion was mailed. The appeal fee schedule and fornzs are available from the Planning Div�sion of Tigarci City
Hall, 13125 SW Hall Boulevard,TI'igard,Oregon 97223.
Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the
specific issues ident�fied in the written 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 durin_g the appeal
hearing,subject to any addiuonal rules of procedure that maybe adopted from time to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 14,2008.
esuons:
I you ave any questions, please call the Ciry of Tigard Current Plaiuung Division, Tigard City Hall, 13125 SW Hall
Boulevard,Tigard,Oregon at (503) 639-4171.
�
�- Feb 29 2008
P B • E :y n D TE
t anner
� � Februa 29 2008
APPROVE . c ar ewers o D TE
Plaruiing Manager
NOTIC� OF DEQSION MLP2007-00015/AJAMI PARTTTION PAGE 21 OF 21
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D 13125 SW Hall Blvd
. . I � Tigard,OR 97223
'' � � . . " , � � � m (503)639-4171
� . , httpJlwww.ci.tigard.or.us
Community Development Plot date:Jan 14,2008;C:ImagiclMAGIC03.APR
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N E 1/4 S ECTI 0 N 3 6� 1. ALL EXISTINC APPLE TREES ADJACENT wK evs�n�
TOWNSHIP 1 S, RANGE 1 W, W.M. TO PROPOSED SIDEWALK TO BE CUT «-,�.w.
WAS H I N GTO N C 0 U NTY 0 R EG 0 N 2• M�L EXISTING HEDGES ADJACENT TO
� PROPOSED SIDEWALK TO BE REIAOVED
TAX LOT 3 7 0 0 3. NO 100 YEAR FLOOD PLAIN ON SRE
4. NO HABRAT AREAS LOCATED ON SITE
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Hussein Ajami MLP2007-00015/VAR2007-00048
6028 N. Montana Avenue AJAMI PARTITION
Portland, OR 97217
Hussein Ajami
PO Box 1507
Tualatin, OR 97062
Brant &Karen Blodgett
10555 SW 69`�' Avenue
Tigard, OR 97223
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PRUAPP.HEI�BY:
1,. �� CITY OF TIGARD PLANNING DIVISION� } : .�;���,i
: : LAND USE PERMIT A1'PLICATION '
City of Tigard Pern�t Center 13125 STYlHall Blu�, Tigearz� OR 97223 , �L'��
Phor�z 503.639.4171 Fax:503.598.1960 �`' - " � ��;;��•,�--
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File f(I(,(L��7- d�l� Other Case#
Date �� ��� By 5-��'� Receipt It °���3��°� Fee 3�d�6� Date Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
❑Adjustment/Variance (I or II� �Mmor Land Partition(II) ❑Zone Change(II�
❑ Comprehensive Plan Amendment(I� ❑PL�nned Development(III� ❑Zone Change Aunexation�I�
❑ Conditional Use(IIl� ❑Sensitive Lands Review(I,II or III} ❑ Zone Ordinance Amendment(I�
❑ Hutoric Overlay(II or III� ❑Site Development Review(II�
❑Home Occupation(II) ❑Subdivision(iI or III)
A ss av e
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�T I� 252�b�1D , T�X OT � - �3�lC�
I I�IIN I N
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APPLICANl"
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A�t�1D SW N���4-�_ 1P 1�1 I�
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RIMARY A N P NE N .
PR PERTY OWNE DEED HOLDER Attac c more oae
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�'`When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written
authorization fmm the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form
or submit a written authorization with this a lication. '
PROPOSAL UMMARY P ease spe 'ic
\� __
.APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL ftEQUIREMENTS"INFORMATION SHEET.
�i i:\curpin\masters\land use applications\land use pemut app.doc
ty. �
t
THE APPLICANT SHALL CERTIFY THAT:
_ , �_
♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and
subject to all the conditions and li.mitations of the approval.
s All the above statements and the statements in the plot plan,attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that anypem7it issued,based on this application,map be revoked if it is
found that anysuch statements are false.
♦ The applicant has read the entire contents of the application,including the policies and criteria, and understands
the requirements for approving or denying the application(s).
SIGNATUftES OF EACH OWNER OF THE SUBJECI`PROPERTY ARE REQLTIRED•
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Owne�'s Signature � Date
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Owne�'s Signature Date
Owcie�'s Signature Date
Owner's Signature Date
Owne�s Signature Date
Applicant/Agent/Representa.tive's Signature Date �
Applicant/Agent/Representative's Signature Date �
, ,1
� LAND USE PROPOSAL DE SCRIPTION
120 DAYS = 4/25/2008
FILE NOS.: MINOR LAND PARTITION (MLP) 2007-00015
aDJus�N'r' (vax) zoo�-0004s
FILE TITLE: AJAMI PARTITION
APPLICANT/ APPLICANT'S
OWNER Hussein Ajami REP: Kurahashi and Associates
6028 N Montana Ave Attn: Gre Kurahashi
Portland, OR 97217 4470 SW�Blvd, Suite C
Beaverton, OR 97005
REQUEST: The a plicant is requesting approval to partition one 16,104-s quare foot (0.38-acre lot into two
lots o�8,604 square feet and 7,500 square feet. The existing sin 1e-familyhome will e retained on
Lot 1 and a new sing le-fa m i ly home w i ll be b u i lt on Lot 2. �e app hcant �s a l so proposing a
shared driveway on SW Puie Street (a collector) and has re�quested an Adjustment to the
access/egress standards because the proposed shared driveway will not meet the 200-foot spacing
standard for driveways on a collector. The ex�sting driveway �s in the general location of the
proposed driveway and no new driveways are proposed.
LOCATION: 10660 SW 71S`Avenue;Washington County TaY Map 1S136AD,T�Lot 3700.
ZONE: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate detached
single- amily homes with or without accessory residential uruts at a m,nimum lot size of 7,500 square
feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are aLso pexmitted conditionally.
APPLICABLE
RE VIE W
CRITERIA: Communiry Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18J15, 18J25,
18.745, 18.765, 18.790, 18.795 and 18.810.
DECISION MAHING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV
COMMENTS WERE SENT: ,TANUARY 14, 2008 COMMENTS ARE DLJE:�ANUARY 28, 2008
❑HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM
❑PLAN1�iING COMMISSION (MON.) DATE OF HEARING: TTME: 7:00 PM
❑ QTY COUNQL (TUES.) DATE OF HEARING: 'ITME: 7:30 PM
� STAFF DEQSION (TENTATIVE) DATE OF DEQSION: FEBRUARY 20, 2008
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIE WING IN THE PLANNING DIVISION
� VIQNITY MAI' � STREET&UITLITY PLANS � SIT'E DISTANC� C�RTIF.
� SITE PLAN � SERVICE PROVIDER LTR. � INIl'ACT STATEMENT
� NARRATTVE � TREE PLAN � OTHER MISC�LLANEOUS
STAFF CONTACT: Emilv Eng,Assistant Planner (503) 639-4171, Ex� 2712
�'UBLi� FACILlTY PLAN Project: . ,ni MLP
COMPLETENESS CHECKLIST Date: 8/31/07
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 clearl shown.
� Street name s shown.
� Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown.
❑ Future Street Plan: Must show street profiles, topo
on ad�acent arcel s , etc.
❑ Traffic Im act and/or Access Re ort
❑ Street rades com liant?
❑ Street/ROW widths dimensioned and a ro riate? Provide ROW radius at corner
❑ Private Streets? Less than 6 lots and width
a ro riate?
❑ Other: 1) 18.705.030.H.2, 2) 18.705.030.H.3 1) Pine Street is classified as a Co//ecfor on
Tigard's TSP, therefor the applicanf musf
address the influence area spacing from a
Collector intersection (Pine & 795`), 2) The
spacing of driveways and streets along a
Collector(Pine Street) is 200 feet minimum.
The driveways along Pine street wil/have to
be a shared driveway and an adjustment will
be required because the shared driveway will
be c/oser than 200 feet from Pine Street and
other driveways along Pine Street on both
sides of fhe sfreet. Appicant shall app/y and
a for an ad"ustment to this standard.
SANITARY SEWER ISSUES
� Existin / ro osed lines shown.
❑ Stubs to ad�acent arcels re uired/shown?
WATER ISSUES
� Existin / ro osed lines w/sizes noted?
� Existin / ro osed fire h drants shown?
❑ Pro osed meter location and size shown? Show meter size
❑ Pro osed fire rotection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
� Existin / ro osed lines shown?
❑ Prelimina sizin calcs for water ualit /detention
REVISED: 08/31/07
� ��ovided?
❑ Water ualit /detention facilit shown on lans?
❑ Area for facilit match re uirements from calcs?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad�acent arcels re uired/shown?
The submittal is hereb deemed ❑ COMPLETE � INCOMPLETE
By: Date: 8/31/07
REVISED: 08/31/07
G"ity �f?'igard, Oregon 13125 SW Hall B[vd. • Tigarc R 97223
��
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September 10, 2007
� f E .s
._____...._ _......�.____�._.__. _
Greg Kurahashi
Kurahashi and Associates
4470 SW Hall Blvd Suite C
Beaverton, OR 97005
RE: Completeness Review Ajami Partition
Case File No. MLP2007-00015
Dear Greg:
The City has received your application for Minor Land Partition (MLP2007-00015). Staff
has deter�nined your application to be incomplete. The following is necessaryso that your
application can be deemed complete.
• Provide a copy of the C1ean Water Services (CWS) Pre-Screening Site Assessment
reviewed and stamped by CWS; �'
• Provide correct plaruzing pre-ap cation notes (notes provided are for a proposed
commercial development); �
• Label the parcels on the site plan (i.e. Parcel l, Parce12) and include lot area for each; �- '
• Revise the site plan to show a Visual Clearance Triangle for the proposed driveway
per Chapter 18.795; �/�
• Tree Plan:
o Tree plan shall be completed by a certified arborist; � .�
o Tree lnventory needs to show all trees over 6 in. in�ameter, including fruit
trees. The condition of the trees also needs to be included; ✓
o Identify�ll trees to be removed, even if they are 12 in. or less in diameter;
and �%
o Protection program needs to show fencing completely around all trees to be
saved and not just around individual trees if they are in a grouping. No�te�
Fences need to be 5- or 6-ft. high chain linl�. Fences are to be mounted on 2-
inch diameter galvanized iron posts, driven into the ground to a depth of at
least 2-ft. at no more than 10-ft. spacing. �
• Items on the Public Facility Plan Checklist (see enclosure); and
• Revise narrative if necessaryto reflect the above changes.
Please submit the above items at one time included in three new copies of the entire
application packet. You may also bring the requested items and insen them into the e�sting
application packets at the City of Tigard Pernut Center.
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
� �
The re��iew process a�ill begin upon completeness and takes an average of 6-8 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 ��u have any questions, please contact me at (503) 718-2712. Thank you.
Sincerely,
r _ _
v��i�' G--
�
E mily E ng �- �
Assistant Planner
Enclosure: Public FacilityPlan Checklist
LAND USE APPLIC�"ION D teect:� �w�� - �r�� � �.�;�
�T��/
COMPLETENESS REVIEW ❑ COMPLETE ,�INCOMPLETE
STANDARD INFORMATION:
Deed/Titl eroof of Ownership ❑ , ,t�tAttendees ❑ Impact Study(18.390)
USA Service Provider Letter� ❑ � es wi##�es Verify Count)
� #Sets Of Application MaterialslPlans-"Paper Copies" Pre-Application Conference o
❑ #Sets Of Application MaterialslPlans-"CD's" �j y�.S � J r���
PROJECT STATISTICS: �`5`��y �°�^^����� � a�
�- Buildin Foot rint Size � "` -" ���'�^��'��^^ ��}� ��� �ite
_ Lot Square Footage
v�,��►s t�U�r �,� �_;Fr �'luti
PL S DIMENSIONED: ��`�l p�� � �2-
Building Footprint ' � ' Paricin - ' ' le
' t "� Access Approach and Aisle ��❑ Visual Clearance Triangle Showrt�
AD ITIONAL PLANS: --� _ ��[ �
_ Vicinity Map � "--"`--`��--"'lan
❑ Tree Inventory s�..�;w�
Existing Conditions Plan [�sc�n j�t r,,,r^
Site Plan f 1 �;�.�, ��,� ,�
C�
TREE PLAN I MITIGATION PLAN:
❑ l fl% ,1. � .�l.t� �..l ❑ I��l.v�c.Q'l�av` M �.a'e^ti y�� S l� �4� C�-��
❑ i-d - c�g� � cs t-� l�o ❑ C•�w ciA.Gcl_ -
ADDITIONAL REPORTS: (list any special reports) �`� ;'"" "�r
❑ ❑
❑ ❑
RESPONSE TO APPLICABLE CODE SECTIONS:
❑ 18.330(Conditional Use) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review)
❑ 18.340(Directors Inte�pretation) � 18.705(AccesslEgress/Circula6on).- ❑ 18.780(5igns)
❑ 18.350(Planned Devebpment) [� 18.710(Accessory Residen6al Unitsr� ❑ 18.785(Temporary Use Permits)
❑ 18.360(Site Development Review) ��i 18.715(Density Computationsl- °{,� ' 18.790(Tree Removal) --
❑ 18.370(Variances/Adjustments) ❑ 18.72�(Design Compati6ility Standards) � 18.795(Visual Clearance Areas)....
❑ 18.380(Zoning MaplText Amendments) ❑ 18.725(Environmental Performance Standards) 18.798(Wireless Communica6on Facilities)
❑ 18.390(Decision Making Procedure mpact Study ❑ 18.73�(Exceptions To Development Standards) � 18.810(Street 8 Utility Improvement Standards)_
❑ �$.41 O(Lot Line Adjustrnents) ❑ 18.740(Historic Over�ay)
� 18.420(Land Partitions}.� ❑ 18.742(Home Occupation Permits) ��L
❑ 18.430(Subdivisions) --'�!$�. �5(Landscaping&Scieening 5tanda�d�y
❑ 18.510(Residential Zoning DisVicts)-� 1 tf,��U(Man actur�Tce �� o ve io�tsy-
❑ 18.520(Commercial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage)
❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situa6ons)
❑ 18.620(Tigard Triangle Design Standards) � 18.765(Off-SVeet Parking/Loading Requirements) -
ADDITIONAL ITEMS:
1:lcurpinlmasterslforms-revised\land use application completeness review.dot REVISED: 6-Jun-07
i
CZty Of Tigard, Oregon 13125 SW Hall Blvd. • Tigarc R 97223
�1
�
December 13, 2U07 �
�s �'�-.�=.
,.„` - � ,
Greg Kurahashi
Kurahashi and Associates
4470 SW Hall Blvd Suite C
Beaverton, OR 97005
RE: Completeness Review- Ajami Partition
Case File No. MI.P2007-00015
Dear Greg:
The City has received your submittal for Minor Land Partition (MLP2007-00015). Staff has
determined your application to be substantively complete. The following is necessary so that
your application can be deemed complete.
• Seven (7) sets of the complete application packet,including full and reduced size
plans; ,/ /
• Si�c (6) sets of reduced size (11 x 17") plans only;and ✓
• 'Two sets o business-size envelopes with address labels and first-class stamps
affuied.
The review process will begin upon completeness and is expected to take an average �f G-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) 715-2712. Thank you.
Sincerely,
Emily Eng
Assistant Planner
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
�
! Y " LETTER OF TRANSMITTAL
KURAIIASHI DATE: �2�2�ro�
c:<' .A.SSUC.IATGS, INC'.
TO: Emily Eng
Civil Engineerin�;
Watcr Rcsourccs Assistant Planner
Landscape Architecture
Plunnin�;
Survc�in� City of Tigard
13125 SW Hall Blvd
���i `�
}���,'' Tigard, OR
DEC 2 7 20�; PROJECT: 10660 SW 71S`Ave
CITYO�TIGARn dOB#: 2559, MLP2007-00015
PC�41�NlNr��'��tM��q���=
BY: MAIL COURIER X WILL CALL
COPIES/PAGE NO. DESCRIPTION
7 Sets of complete application packet
7 Sets of full sized plans
7 Sets of reduced sized nlans
6 Sets of 11 x 17 nlans
2 Sets of business size enveloaes with address labels
and first class stamps
Transmitted For: X Approval
X As Requested
X For Your Use
X For Your Review
Signature
4470 SW Hall Blvd., Suite C, Beaverton, Oregon 97005
Phone(503)644-6842 Fax (503) 644-9731
City of 7'igard, Oregon 13125 SW Hall Blvd. � Tiga� �R 97223
��
�
.
January 4, 2008 �
' � 1
Greg Kurahashi
Kurahashi and Associates
4470 SW Hall Blvd Suite C
Beaverton, OR 97005
RE: Completeness Review-Ajami Partition
Case File Nos. MLP2007-00015,VAR 2007-00048
Dear Greg:
The City has rcccived your subinittal for Minor Land Partition (MLP2007-00015) and
Adjustment to the Access/Egress Standards (VAR2007-00048). Staff has determined your
application to be complete as of 12/27/2007.
The review process will now begin and is expected to take about 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�--- C.--�
Assistant Planner
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
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Title Transmittal
Dated: December 20, 2005
Hussein Ajami
10660 SW 71st Avenue
Portland , OR , 97223
Loan#
�- RE: 7033 708311 � �
Hussein Ajami
10660 SW 71st Avenue
Portland OR 97223
Please find enclosed Policy of Title Insurance
. Michelle Johnson
Title Officer
222 5W Cdumbia Street,Suite 400 Portland,Oregon 97201
TEL: (503)222-3651 FAX_(503)79Q-7858 ,
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ISSUED BY
First American Tit/e Insurance Company of Oregon
An assumed business of Title Insurance Company of Oregon
SUBJEGT TO THE IXCLUSIONS FROM COVERAGE,THE IXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, First American Title
Insurance Company of Oregon, an assumed business name of Title Insurance Company of Oregon,an Oregon
corporation, hereinafter called the Company, insures, as of Date of Policy shown in Schedule A, against loss or
damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
Z. Any defect in or lien or encumbrance on the title;
� 3. Unmarketability of the title; or '
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4. Lack of a right of access to and from the land;
The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title, as insured,
but only to the extent provided in the Conditions and Stipulations.
Tit/e Insu�ance Company of O�egon
dba FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
_ By �-- ``�•�,•:,t '.��j �' President
--J R�g }"�'`�
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Attest.• Secretary
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. SCHEDULE A _
Date of Policy: November 30, 2005 at 3:51 p.m. Policy No.: 7033-708311
Policy Amount: $350,000.00 Premium: $844.00
1. Name of insured:
Hussein Ajami
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Hussein Ajami
4. The land referred to in this policy is'described as follows:
Real property in the County of Washington, State of Oregon, described as follows:
Lot 5, Block 4, VILLA RIDGE, in the City of Tigard, County of Washington and State of Oregon.
) Excepting therefrom: the South 88.05 feet.
APN: R279237
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Fi�stAmerican Tit/e
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��� . . SCHEDULE B ' . �
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'fees
or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing (iens by the records of any taxing
authority that levies taxes or assessments on rea�l 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, interests, 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. Easements, claims of easement .or encumbrances which are not shown by the public records,
unpatented mining claims, reservations or exceptions in patents or in acts authorizing the
issuance thereof, water rights, claims or title to water.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
Notwithstanding this provision and in accordance with and subject to the limitations of Section
2.15 of the First American Title Insurance Company of Oregon rate fifing, protection afForded to
� the Insured hereunder will be consistent with any coverage provided to a Lender pursuant to any
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Policy issued contemporaneous hereto.
5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose.
6. These premises are within the boundaries of the Tualatin Valley Water District and are subject to
the levies and assessments thereof.
7. Statutory powers and assessments of Clean Water Services.
8. Deed of Trust and the terms and conditions thereof.
Loan No.: 0001080394
Grantor/Trustor: Hussein Ajami
Grantee/Beneficiary: Mortgage Electronic Registration Systems, Inc., acting solely as
nominee for American Brakers Conduit
Trustee: First American Title Insurance Company of Oregon
Amount: $239,400.00
Dated: November 25, 2005
Recorded: November 30, 2005
Recording Information: 2005-150842
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FirstAmerican 7-it/e /
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��� 9. Deed of Trust and the terms and conditions thereof _ :
Loan No.: 0001080397
Grantor/Trustor: Hussein Ajami �
GranEee/Beneficiary: Mortgage Efectronic Registration Systems, Inc., acting solely as
nominee for American Brokers Conduit
Trustee: First American Title Insurance Company
Amount: $50,000.00
Dated: November 25, 2005
Recorded: November 30, 2005
Recording Information: 2005-150843
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FirstAmerican Tide
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� ,PRIVACY POLICY_ . . .,. � _
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We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information — particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together witfi our
parent company, The Frst American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy govems our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as informatien obtained from a public record or from another person
or entity. First American has also adopted. broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fai�Information Va/ues,a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• • Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nona�liated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or(2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any intemal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
� more of our affiliated companies. Such aff;liated companies include financial service providers, such as title insurers, property ar.d
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer,our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain
physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
0 2001 The Frst American Corporation •All Rights Reserved
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Fi�stAmerican Tide '
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ALTA Owner's Policy Page 6 of 7
��1 SCHEDULE OF EXCLUSION FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY IXCLUDED FROM THE COVERAGE OF 7HI5 POLICY:
1. (aJ Any law,ordinance or govemmental regulabon(induding but not limited to building and zoning ordinances)restricting or regulating or prohibiting (i)the occupancy,use or
enjoyment of the land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the
dimensions or area of the land,or any parcel of which the land is or was a part; or(iv)environmen�l protection, or the effect of any violation of these laws,ordinances or
govemmental regulations,eaccept to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resuiting from a violation or alleged violabon
affecting the land has been recorded in the public records at Date of Policy.
(b) Any govemmental policy power not excluded by(a)above,except to the extent that a notice of the exerdse thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation a�ecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless not:ce of the exercise thereof has been recorded in the public records at Date of Policy,but not exduding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3.Defeds,liens,encumbrences,adverse claims,or other matters:
(a)created,suffered,assumed or agreed to by the insured claimant;
(b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writlng to the Company by the insured
claimant prior to the date the insured daimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant;
(d)attaching or created subsequentto Date of Policy;or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value For the estate or interest insured by this policy.
4.Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,
or similar creditors'rights laws,that it is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer;or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS 3. NOTICE OF CLAIM TO BE GIVEN BY AN INSURED Company to prosecute or provide for the defense of any action
The following terms when used in this policy mean: CLAIMANT or proceeding, the insured shall secure to the Company the
(a) "insured": the insured named in Schedule A, and, The insured shall notify the Company promptly in writing right to so prosecute or provide defense in such action or
subject to any rights or defenses the Company may have had (i)in case any litigation as set forth in Section 4(a)below,(ii) proceeding, and all appeals therein,and permit the Company
against the named insured,those who succeed to the interest in case knowledge shall mme to an insured hereunder of any to use, at itr option, the name of such insured for such
of such insured by operation of law as distinguished from claim of title or interest which is adverse to the title to the p�rpose. Whenever requested by the Company,the insured,
purchase including, but not limited to, heirs, distributees, estate or interest,as insured,and which might cause loss or at [he Company's e�cpense, shall give the Company all
devisees, survivors, personal representatives, next of kin, or damage for which the Company may be liable by virhie of this reasonable aid (i) in any adion or proceeding, securing
ce- �te or fiduciary successors. policy, or(iii) if title[o the es�te or interest, as insured, is evidence, obtaining witnesses, prasecuting or defending the
�;insured daimant":an insured claiming loss or damage. rejected as unmarketable. If prompt notice shail not be given action or proceeding, or effecting settlement, and(ii) in any
�"knowledge": or 'known': actual knowledge, not to the Company, then as to the insured all liabiliry of the other lawful act which in the opinion of the Company may be
constructive knowledge or notice which may be imputed to an Company shall tertninate with regard to the matter or matters necessary or desirable to establish the title to the estate or
insured by reason of any public records as defined in this for which prompt notice is required; provided, however, that interest as insured. If the Company is prejudiced by the
policy or any other,records which impart rnnstructive notice of failure to notiry the Company shall in no case prejudice the failure of the insured to fumish the required cooperation,the
matters affecting the land. rightr of any such insured under this policy unless the Compan�/s obligations to the insured under the policy shall
(d) "land": the land described, speciFically or by reference Company shall be prejudiced by the failure and then oniy to terminate, including any liabiliry or obligation to defend,
in Schedule(A), and improvementr a�xed thereto which by the extent.of the prejudice. prosecute,or mntinue any litigation,with regard to the matter
law constitute real property; provided, however, the term 4. DEFENSE AND PROSECUTION OF ACRONS; DUTY or matters requiring such cooperation.
"land"does not include any property beyond the lines of the OF INSURED CLAIMANT TO COOPERATE. 5. PROOF OF LOSS OR DAMAGE_
area speciFiwlly described or referred to in Schedule(A), nor (a) Upon written request by the insured and subject to In addition to and after the noticPS required under Section
any right, title, interest, estate or easement in abutting the options contained in Section 6 of these Conditions and 3 of these Condidons and Stipulations have been provided the
streets,roads,avenues,alleys, lanes,ways or waterways,but SBpulations, the Comparry, at its own cost and without Company, a proof of loss or damage signed and swom to by
nothing herein shall modify or limit the extent to which a right unreasonable delay,shall previde for the defense of an insured the insured claimant shall be furnished to the Company within
of access to and from the land is inwred hy this policy. in litigation in which any third party asserts a claim adverse to 90 days after the insured Uaimant shali ascertain the facts
(e) "mortgage": mortgage, deed of trust, tnist deed, or the title or interest as insured, but only as to those stated giving rise to the loss or damage. The prnof of loss or damage
other security instrument. causes of action alleging a defect, lien or encvmbrance or shall describe the defect in, or lien or encumbrance on the
(� "public records": records established under state other matter insured against by this policy. The Company title, or other matter insured againsk by this policy which
stahrtes at Date of Policy for the purpose of imparting shall have the right to select counsel of its choice(subject to constitutes the basis of loss or damage and shall state,to the
constrLCtive�notice of matters relating to reai property to the right of tlie insured 60 object for reasonable cause) to extent possible,tfie basis of�IeUiating the amount of the loss
purchasers for value and without knowledge. wth respect to represent the insured as to those stated causes of action and or damage. If the Company is prejudiced by the failure of the
Section 1(a)(iv) of the Exclusions From Coverage, "public shall not be liable for and will not pay the fees of any other insured ciaimant to provide the required proof of loss or
records"shall also include environmental protection liens filed munsel. The Company will not pay any Fees, costs or damage,the Cnmpany's obiigations to the insured under the
in the records of the clerk of the United States distrid court for expenses incvrred by the insured in the defense of those policy shall terminate, including any liability or obligation to
the district in which the land is located. causes of action which allege matters not insured against by defend, prosecute, or continue any litigation, with regard to
(g) "unmarketability of the tiUe": an alleged or apparent this policy. the matter or matters requiring such proof of Ioss or damage.
matter affecting the title to the land,not excluded or excepted (b)The Company shall have the right,at its own cost,to In addition, the insured claimant may reawnably be
from coverage,which wouid entitle a purchaser of the estate institute and prosecute any action or proceeding or to do any' required to submit to examination under oath by any
or interest described in Schedule A to be released from the other act which in its opinion may be necessary or desirable to author¢ed representative of the Company and shall produce
obligation to purchase by virtue of a contractual condition establish the title to the estate or interest, as insured,or to for examination, inspection and mpying, at such reasonable
requiring the delivery of marketable title. prevent or reduce Ioss or dama9e to the insured. The time� and places as may be designed by any authorized
2. CONTINUATION OF INSURANCE AFTER Company may take any appropriate action under the terms of representative of the Company, all records, books, ledgers,
CONVEYANCE OF 71TLE this policy, whether or not it shall be liable hereunder, and checks, correspondence and memoranda, whether bearing a
The coverage of this policy shall continue in force as of shall not thereby mncede Iiabiiity or waive any provision of date before or after Date of Policy,which reasonably permin to
Date of Policy in favor of an insured so long as such insured this poiicy. If the Company shall exercise its rights under this the Ioss or damage. Further fi requested by any authorized
retains an �te or interest in the land, or holds an parag2ph,it shall do so diligently. representative of the Company, the insured claimant shall
indebtedness secured by a purchase money mortgage given (c} Whenever the Company shall have brought an action grant itr permission, in writing, for any authoraed
by a purchaser from such insured,or so long as such insured or interposed a defense as required or permitted by the representative of the Company to examine, inspect and copy
sha��have liability by reason of covenantr of warranty made by provisions of this policy,the Company may pursue any such all records, books, ledgers, checks, correspondence and
s vred in any transfer or conveyance of such estate or litigation to final determination by a murt of wmpetent memoranda in the custody or control of a third party,which
in. �� This policy shall not continue in force in favor of any jurisdiction and expressly reserves the right, in its sole reasonably pertain to the loss or damage. All information
purirc�iaser(rom such insured of either(i)an estate or interest discretion,to appeal from any adverse judgment or order. designated as confidendal by the insured claimant provided to
in the land, or (ii) an indebted-ness secured by a purchase (d) In all cases where this policy permits or requires the the Company pursuant to this Section shall not be disciosed to
money mortgage given to the insured.
FirstAmerican Tit/e
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ALTA Owne�s Policy
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of`�-unless,in the reasonable judgment of the Company,it The provisions of this paragraph shall not appty to costs, perfect this right of subrogation. The insured daimant shatl
c ary in the adminis6ation of the daim. Failure of the tinmeys'fees and expenses for which the Company is liable permit the Company to'use the name of the insured daimant
in_ _ daimant to submit for examination under oath, under this policy and shall only apply to that portion of any in any:transaction or litigation involving such rights or
produce other reasonably requested informa4on or grant loss-which ezceeds in the aggregate, 10 percent of the .remedies.
pertnission to sectire reasonabty necessary information from Amount of Insurance stated in Schedule A. If a payment on account of a daim does not cover the loss
third parties as required in this paragraph,unl�s prohibited by (c) The Company wili pay only those costs, attnmeys' of the insured daima�t,the Company shall be subrogated to
law or govemmental regulation,shall terminate any liability of fees and expenses incurred in accordance with Section 4 of these rights and remedies in the proportion which said
the Company under this policy as to that claim. these Conditions and Stipulations. payment bears to the amount of said loss.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; 8. APpORTIONMENT If loss should result from any act of such insured daimant,
TERMINATION OF LIABILITY If the land desQibed in Schedule(A)consisLs of two or that act shall not void this policy, but the Company, in that
In case of a claim under this policy, the Company shall more parcels which are not used as a single site,and a loss is event, shall be required to pay only that part of any losses
have the following additional options: established affecting one or more of said parcels but not all, insured against by this policy which shall exceed the amount,
(a)To Pay or Tender Payment of the Amount of Insurance. the loss shall be computed and settled on a pro rata basis as if if any, lost to the Company by reason of the impairment by
To pay or tender payment of the amount of insurance the Amount of Insurance under.this policy was divided pro the insured claimant cf the Company's right of subrogation.
under this policy together with any costs,attorneys'fees and reta as to the value on Date of Policy of each separate parcel (b) The Company's Rights Against Non-Insured
expenses incurred by the insured claimant, which were to the whole,exclusive of any improvements made subsequent Obligors.
authorized by the Company, up to the time of payment or to Date of Policy,unless a liability or value has otherwise been The Company's right of subrogation against non-insured
tender of payment and which the Company is obligated to pay. agreed upon as to each parcel by the Company and the obligors shall exist and shall include, without limiiation, the
Upon the exercise by the Company of this option, all insured at the time of the issuance of this policy and shown by rights of the insured to indemnities,guaranties,other policies
liability and obligations to the insured under this policy,other an express statement or by an endorsement attached to this of insurance or bonds, notwithstanding any terms or
than to make the payment required,shall terminate,i�cluding policy. conditions contained in those instruments which provide for
any liability or obligation to defend,prosecute,or continue any 9. LIMITATION OF LIABILI7Y, subrogation rights 6y rzason of this policy.
litigation and the policy shall be surrendered to the Company (a) If the Company establishes the title, or removes the 14. ARBITRATION.
for cancellation. alleged defect, lien or encumbranm, or cures the lack of a Unless prohibited by applicable�aw,either the Company or
(b) To Pay or Otherwise Settle with Parties OEher Than the right of access to or from the land, or cures the claim of the insured may demand arbitration pursuant to the title
Insured or With the Insured Claimant. unmarketability of title,all as insu�ed,in a reasonably diligent Insurance Arbitration Rules of the American Arbitration
(i)to pay or otherwise settle with other parties for or in manner by any method,including litigation and the completion Association. Arbitrable matters may include, but are not
the name of an insured claimant any claim insured against of any appeais therefrom it shall have full performed its limited to,any controversy or claim between the Company and
under this policy,together with any costs,attomeys'fees and obligations with respect to the matter and shall not be liable the insured arising out of or relating to this policy,any service
expenses incurred by the insured claimant which were for any loss or damage caused thereby. of the Company in connection with its issuance or the breach
authorized by the Company up to the time of payment and (b)In the event of any litigation,including litigation by the of a policy provision or other obligation. All arbitrable matters
which the Company is obligated to pay;or Company or with the Company's consent,the Company shall when the Amount of Insurance is$1,000,000 or less shall be
(fi)to pay or otherwise settle with the insured claimant the have no liability for foss or damage until there has been a finai arbitrated at the option of either the Company or the insured.
loss or damage provided for under this policy, together with determination by a court of competent jurisdiction, and All arbitrable matters when the Amount of Insurance is in
any costs, attorneys' fees and expenses incurred by the disposition of all appeals therefrom, adverse to the title as excess of$1,000,000 shali be arbitrated only when agreed to
insured claimant which were authorized by the Company up to insured. by both the Company and the insured. Arbitration pursuant to
the time of payment and which the Company is obligated to (c) The Company shall not be liable for loss or damage to this policy and under the Rules in effect on the date the
PaY• any insured for liabili[y voluntarily assumed by the insured in demand for arbitration is made or, at the option of the
Upon the exercise by the Company of either of the options settling any claim or suit without the prior written consent of insured,the Rules in effect at Date of Policy shall be binding
pro�•'�'�d for in paragraphs (b)(i) or (ii), the Company's the Company. upon the parties. The aware may include attorneys'fees only
ol �ns to the insured under this policy for the claimed loss 10. REDUCTION OF INSURANCE; REDUCTION OR if the laws of the state in which the land is located permit a
or .age, oiher than the paymentr required to be made, TERMINATION OF LIABILITY. court to aware attorneys'fees to a prevailing party. ]udgment
shall terminate, including any liability or obligatlon to defend, All paymentr under this policy,except paymenks made for upon the aware rendered by the Arbitrator(s)may be entered
prosecute or continue any litigation. costs, attomeys'fees and expenses,shall reduce the amount in any court having jurisdiction thereof.
7. DETERMINATION, EXTENT OF LIABILITY AND of the insurance pro tanto. The law of the situs of the land shall apply to an
COINSURANCE. ' 11. LIABILITY NON-CUMULATIVE. arbitration under the Title Insurance ArbitraUon rules.
This policy is a contract of indemnity against actval It is exprPSSly understood that the Amount of Insurance A copy of the Rules may be obtained from the Company
monetary loss or damage sustained or incurred by the insured under this policy shall be reduced by any amount the upon request.
claimant who has suffered loss or damage by reason of Company may pay under any policy insuring either a mortgage 15. LIABILITY LIMITED TO THIS POLICY; POLICY
matters insured a9ainst by this,policy and only to the extent to which exception is taken in Schedule B or to which the ENTIRECONTRACT,
herein described. insured has agreed, assumed, or taken subject, or which is (a) This policy together with all endorsements, if any,
(a) The liability of the Company under this policy shall in no hereafter executed by an insured and which is a charge or lien attached hereto by the Company is the entire policy and
wse exceed the least of: on the estate or interest described or referred to in Schedule contrad between the insured and the Company. In
(i) the amount of insurance stated in Schedule A;or A,and the amount so paid shall be deemed a payment under interpreting any provision of this policy, this policy shall be
(ii) the difference between the value of the insured this policy to the insured owner. construed as a whole.
estate or interest as insured and the value of the insured 12. PAYMENT OF LOSS. (b)Any claim of loss or damage,whether or not based on
estate or interest subject to the defect, lien or encumbrance (a) No payment shall be made without producing this negligence,and which arises out of the status of the title to
insured against by this policy. policy for endorsement of the payment unless the policy has the eslate or interest covered hereby or any action asserting
(b) In the event the Amount of Insu2nce stated in been lost or destroyed, in which case proof of loss or such claim,shall be restricted to this policy.
Schedule A at the Date of Policy is less than 80 percent of the destruction shall be furnished to the satisfaction of the (c)No amendment of or endorsement to this policy can be
value of the insured estate or interest or the full consideration Company. made except by writing endorsed hereon or attached hereto
paid for the land, whichever is less, or if subsequent to the (b) When Iiabiiity and the extent of loss or damage has signed by either the President,a vice-President,the Secretary,
Date of Policy an improvement is erected on the land which been definitely fixed in accordance with these Conditions and an Assis�nt Secretary, or validating o�cer or authorized
increases the value of the insured estate or interest by at least Stipulations, the loss or damage shall be payable within 30 signatory of the Company.
20 percent over the Amount of Insurance s�te in Schedule A, days thereafter. 16. SEVERABILITY.
then this Policy is subject to the following: ' 13. SUBROGATION UPON PAYMENT OR SETTLEMENT In the event any provision of the policy is held invalid or
(i)where no.stibsequent improvement has been made, (a) The Company's[tight of Subrogation. unenforceable under applicable law, the policy shall be
as to any partial loss,the Company shall only pay the loss pro Whenever the Company shall have settled and paid a claim deemed not to include that provision and all other provisions
rata in the proportion that the Amount of Insurance at Date of under this policy, alI right of subrogation shall vest in the• shall remain in full force and effect.
Policy bears tn the total value of the insured estate or interest Company unaffected by any act of the insured claimant. The 17. NOTICES,WHERE SENT
at Date of Policy;or(ii)where a subsequent improvement has Company shall be subrogated to and be entitled to all rights All notices reqaired to be given the Company and
been made,as to any partial loss,the Company shall only pay and remedies which such insured claimant would have had any statement in writing required to be furnished the
the loss pro rata in the proportion that 120 percent of the against any person or property in respect to such claim had Company shall indude the number of this poltcy and
Amount of Insurance s�t�in Schedule A bears to the sum of this policy not been issued. If requested by the Company,the shall be addressed to the Company at 2D0 S.W.
the Amount of Insurance stated in Schedule A and the amount insured claimant shall transFer to the Company all rights and Mdrket, Suite 250, Portldnd, Oregon 97201-
expended for the improvement remedies against any person or property necessary in order to 5730,or to the o�ce which issued this policy.
PoUkt-0R-0wrws 1992-1402-92
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Fi�stAmerican Title
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RECE�VE�
DEC 2 7 2007
CITY�F T(GARD
PUNNIMrIEN�INEEqING
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Table of Contents
■ Land Use Permit Application
■ Title Transmittal
■ Proposal Letter to City of Tigard
■ Letter Addressing Driveway Spacing
■ Site Distance Certification Letter
■ Clean Water Services Letter
■ Narrative
■ Letter Addressing Variances a�d Adjustments
■ Narrative (Variances and Adjustments)
■ City of Tigard Pre-Application Conference Notes
■ Pre-Application Conference Notes (Engineering Section)
■ Tree Protection Plan (11 x 17)
� � � �
KURAHA S HI
v�' ASSOG[ATES, INC_
August 2, 2007
City of Tigard
Community Development Deparlment
Planning Division
13125 SW Hall Boulevard
Tigard, Oregon 97223
RE: 10660 SW 71ST Ave.
Dear Sirs,
Attached is a submittal for the partition tax lot 1 S 136AD 037001ocated at 10660 SW 71 St Ave.
This application proposes to divide the taac lot into two parcels,both will access off of Pine Street. The
existing house will meet all setbacks after the removal of the detached garage. Both lots meet size
requirements of the R-4.5 zone.
Sincerely,
� ���%�
��
�/� �
Greg Kurahashi
Kurahashi&Associates, Inc
4470 SW Hall Blvd Ste C
Beaverton, OR 97005
4470 SW Hall Blvd., Suite C;Beaverton,Oregon 97005
Phone: (503)644-6842 Fax:(503)644-9731
Chapter 18.370
VARIANCES AND ADJUSTMENTS
se�t�oos:
18.370.010 Variaoces
18.370.020 Adjustments
18.370.010 Variances
A. Purpose. The purpose of this section is to provide standards for the granting of variances from the
applicable zoning requirements of this title where it can be shown that, owing to special and unusual
circumstances related to a specific property, the literal interpretation of the provisions of the applicable
zone would cause an undue or unnecessary hardship, except that no use variances shall be granted.
B. Apvlicability of provisions.
1. The variance standards are intended to apply to individual platted and recorded lots only.
2. An applicant who is proposing to vary a specification standard for lots yet to be created through a
subdivision process may not utilize the variance procedure unless otherwise specified in Section
18.730.030,Zero Lot Line Setback Standards, or Chapter 18.430, Subdivisions.
C. Approval proccss and standards.
1. Variances shall be processed by means of a Type II procedure, as governed by Section 18.390.040,
using standards of approval contained in Subsection 2 below.
2. 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 title, to any
other applicable policies and standards, and to other properties in the same zoning district or
vicinity;
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;
c. The use proposed will be the same as permitted under this title and City standards will be
maintained to the greatest extent that is reasonably possible while permitting reasonable
economic use of the land;
d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land
forms or parks will not be adversely affected any more than would occur if the development
were developed as specified in the title; and
e. The hardship is not self-imposed and the variance requested is the minimum variance which
would alleviate the hardship.
Addendum to Narrative—Ajami Partition 1 of 14
3. The Director shall approve, approve with modifications, or deny an application for a subdivision
variance subject to the criteria set forth in Section 18370.O10.C.
18.370.020 Adjustments
A. Purpose. The purpose of this section is to establish two classes of special variances:
l. "Development adjustments" which allow modest variation from required development standards
within proscribed limits. Because such adjustments are granted using "clear and objective
standards," these can be granted by means of a Type I procedure, as opposed to the more stringent
standards of approval and procedure for variances.
2. "Special adjustments" which are variances from development standards which have their own
approval criteria as opposed to the standard approval criteria for variances contained in Section
]8.370.020.C.
B. Development adjustments.
1. The following development adjustments will be granted by means of a Type I procedure, as
governed by Section 18.390.030, using approval criteria contained in Subsection B2 below:
a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard
setback required in the base zone. Setback of garages may not be reduced by this provision.
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard
setbacks required in the base zone.
c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone.
2. Anproval criteria. A development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the desired effect;
b. The adjustment will result in the preservation of trees, if trees are present in the development
area;
c. The adjustment wil) not impede adeyuate emergency access to the site;
d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
C. Special adjustments.
1. Adjustments to development standards within subdivisions (Chapter 18.430). The Director shall
consider the application for adjustment at the same time he/she considers the preliminary plat. An
adjustment may be approved, approved with conditions,or denied provided the Director finds:
a. There are special circumstances or conditions affecting the property which are unusual and
peculiar to the land as compared to other lands similarly situated;
b. The adjustment is necessary for the proper design or function of the subdivision;
Addendum to Narrative—Ajami Partition 2 of 14
c. The granting of the adjustment will not be detrimental to the public health, safety, and welfare
or injurious to the rights of other owners of property;and
d. The adjustment is necessary for the preservation and enjoyment of a substantial property right
because of an extraordinary hardship which would result from strict compliance with the
regulations of this title.
2. Adjustment to minimum residential density requirements (Chapter 18.510). The Director is
authorized to grant an adjustment to the minimum residential density requirements in Section
18.510.040, by means of a Type I procedure, as governed by Section 18390.030 as follows:
a. For development on an infill site as follows:
(1) In the R-25 zone, sites of.75 acre or smaller.
(2) In the R-40 zone, sites of.75 acre or smaller.
b. For development on sites larger than those contained in 1 above, if the applicant can
demonstrate by means of detailed site plan that the site is so constrained that the proportional
share of the required minimum density cannot be provided and still meet all of the development
standards in the underlying zone.
c. To be granted an adjustment in either Subsections a or b above, the applicant must demonstrate
that the m�imum number of residential units are being provided while complying with all
applicable development standards in the underlying zone. There is nothing in this section which
precludes an applicant for applying to a variance to these standards, as governed by Section
18.370.010.
3. For adjustments to density requirements in Washington Square Regional Center, the standards of
Section 18.630.020.E apply.
4. For Modifications to dimensional and minimum density requirements for developments within the
Washington Square Regional Center that include or abut designated Water Resource overlay areas,
the standards of Section 18.630.020.F apply.
5. Adjustment to access and egress standards(Chapter 18.705).
a. In all zoning districts where access and cgress drives cannot be readily designed to conform to
Code standards within a particular parcel, access with an adjoining property shall be considered.
If access in conjunction with another parcel cannot reasonably be achieved, the Director may
grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure,
as governed in Section 18390.030, using approval criteria contained in Subsection 2b below.
RESPONSE:
The proposed driveway for this partition can�ot meet the 150-feet criteria for distance from the
intersection of the collector street(18.705.030.H2).
b. The Director may approve, approve with conditions, or deny a request for an adjustment from
the access requirements contained in Chapter 18.705,based on the followin�criteria:
(1) It is not possible to share access;
Addendum to Narrative—Ajami Partition 3 of 14
RESPONSE•
Access is being shared, but the access spacing still does not meet standards.
(2) There are no other alternative access points on the street in question or from another street;
RESPONSE•
The shared access or any access point on the neighborhood access street(18.705.030.H3) on the
property cannot meet the 200-feet spacing from other existing driveways.
(3) The access separation requirements cannot be met;
RESPONSE:
Any access further to the east conflicts with existing driveways across the street.
(4) The request is the minimum adjustment required to provide adequate access;
RESPONSE:
By sharing the shared access, the proposed access balances the requirement of access spacing
and the distance from the collector intersection.
(5) The approved access or access approved with conditions will result in a safe access; and
RESPONSE:
The access point with a 20-feet drive allows for safe ingress to the back of a que turning left on to
Pine Street headed south. It further allows for incoming traffic to not to cause a conflict with
outgoing traffic. The proposed location allows the car entering the driveway to the east and
across the street on Pine enough room to enter the future center turn-lane from the east, and
allows westerly traffic to turn left into the shared access of the property.
(6) The visual clearance requirements of Chapter 18.795 will be met.
RESPONSE:
The visual clearance requirements can be met at the location proposed.
6. Adjustments to landscaping requirements(Chapter 18.745).
a. Adjustment to use of existing trees as street trees. By means of a Type I procedure, as governed
by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request
for the use of existing trees to meet the street tree requirements in Section 18.745.030 providing
there has been no cutting and filling around the tree during construction which may lead to its
loss, unless the following can be demonstrated:
(1) The ground within the drip-line is altered merely for drainage purposes; and
(2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to
die.
b. Adjustment for street tree requirements. By means of a Type I procedure, as governed by
Section 18390.030, the Director shall approve, approve with conditions, or deny a request for
the adjustments to the street tree requirements in Section 18.745.030, based on the following
approval criteria:
(1) If the location of a proposed tree would cause potential problems with existing utility lines;
Addendum to Narrative—Ajami Partition 4 of 14
(2) If the tree would cause visual clearance problems;or
(3) If there is not adequate space in which to plant street trees.
7. Adjustments to parking standards(Chapter 18.765).
a. Reduction from minimum parking requirements. By means of a Type II procedure, as governed
by Section l 8.390.040, the Director may authorize up to a 20% reduction in the total minimum
vehicle parking spaces required in Section 18.765.070.H when an applicant for a development
permit can demonstrate in a parking study prepared by a traffic consultant or in parking data
from comparable sites that:
(1) Use of transit, demand management programs, and/or special characteristics of the
customer, client employee or resident population will reduce expected vehicle use and
parking space demand for this development, as compared to standards Institute of
Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking
requirements,and
(2) A reduction in parking will not have an adverse impact on adjacent uses.
b. Reductions in minimum parking requirements in new developments for transit improvements.
The Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces
required in Section 18.765.070.H by means of a Type 11 procedure, as governed by Section
18390.040,when the applicant:
(I) Incorporates transit-related facilities such as bus stops and pull-outs, bus shelters, transit-
oriented developments and other transit-related development;and
(2) Documents operational characteristics indicating the number of transit users, or number of
non-auto users for a particular facility.
c. Reductions in minimum parking requirements in existing developments for transit
improvements. The Director may authorize up to a ]0% reduction in the total minimum vehicle
parking spaces required in Section 18.765.070.H at a conversion ratio of one space per 100
square feet of transit facility by means of a Type I procedure as governed by Section
18.390.030,when the applicant:
(1) Incorporates transit-related facilities such as bus stops and pull-outs, bus shelters, transit-
oriented developments and other transit-related development; and
(2) Meets the following requirements:
(a) A transit facility must be located adjacent to a street with transit service. The facility
should be located between the building and front property line, within 20 feet of an
existing transit stop, or the facility may include a new transit stop if approved by Tri-
Met.
(b) A transit facility shall include a covered waiting or sitting area.
Addendum to Narrative—Ajami Partition 5 of 14
d. Increases in the maximum parking requirements. The Director may approve off-street parking
in excess of the maximum allowed parking spaces in Section 18.765.070G by means of a Type
II procedure, as governed by Section 18390.040, when the applicant can demonstrate that all of
the following criteria are met:
(l) The individual characteristics of the use at that location requires more parking than is
generally required for a use of this type and intensity;
(2) The need for additional parking cannot be reasonably met through provision of on-street
parking or shared parking with adjacent or nearby uses;and
(3) The site plan shall indicate how the additional parking can be redeveloped to more intensive
transit-supportive use in the future.
e. Reduction in required bicycle parking. The Director may approve a reduction of required
bicycle parking per Section 18.765.O50.E by means of Type I[ procedure, as governed by
Section 18.390.040, if the applicant can demonstrate that the proposed use by its nature would
be reasonably anticipated to generate a lesser need for bicycle parking.
f. Use of alternative parking garage layout. By means of a Type II procedure, as governed by
Section 18390.040, the Director may approve an alternative design of parking garage which
differs from the dimensional standards contained in Figure 18.765.2 when it can be shown that
1)the proposed structure meets design guidelines of the Urban Land Institute's(ULI) Dimension
of Parkin�, Current Edition; or 2) a similar structure functions efficiently using proposed
modified layout, circulation and dimensions.
g. Reduction in length of stacking lane. By means of a Type I procedure, as governed by
l 8.390.030, the Director may allow a reduction in the amount of vehicle stacking area required
in Section 18.765.040.D.2 if such a reduction is deemed appropriate after analysis of the size
and location of the development, limited services available and other pertinent factors.
8. Adjustments to sign code(Chapter 18.780).
a. By means of a Type II procedure, as governed by Section 18.390.040, the Director shall
approve, approve with conditions, or deny a request for an adjustment to the sign code based on
findings that at least one of the following criteria are satisfied:
(1) The proposed adjustmcnt to the height limits in the sign code is necessary to make the sign
visible from the street because of the topography of the site,and/or a conforming building or
sign on an adjacent property would limit the view of a sign erected on the site in
conformance with Chapter 18.780, Signs;
(2) A second freestanding sign is necessary to adequately identify a second entrance to a
business or premises that is oriented towards a different street frontage;
(3) Up to an additional 25% of sign area or height may be permitted when it is determined that
the increase will not deter from the purpose of Chapter 18.780, Signs. This increase should
be judged according to specific needs and circumstances which necessitate additional area
to make the sign sufficiently le�ible. The increase(s) shall not conflict with any other
non-dimensional standards or restrictions of this chapter;
(4) The proposed sign is consistent with the criteria set forth in Section 18.780.130.G;
Addendum to Narrative—Ajami Partition 6 of 14
(5) The proposed exception for a second freestanding sign on an interior lot which is zoned
commercial or industrial is appropriate because all of the following apply:
(a) The combined height of both signs shall not exceed l50% of the sign height normally
allowed for one freestanding sign in the same zoning district; however, neither shall
exceed the height normally allowed in the same zoning district;
(b) Neither sign will pose a vision clearance problem or will project into the public right-of-
way; and
(c) Total combined sign area for both signs shall not exceed 150% of what is normally
allowed for one freestanding sign in the same zoning district; however, neither shall
exceed the height normally allowed in the same zoning district.
b. In addition to the criteria in Subsection a above, the Director shall review all of the existing or
proposed signage for the development and its relationship to the intent and purpose of Chapter
18.780, Signs. As a condition of approval of the adjustment,the Director may require:
(1) Removal or alteration of nonconforming signs to achieve compliance with the standards
contained in Chapter l 8.780, Signs;
(2) Removal or alteration of conforming signs to establish a consistent sign design throughout
the development; and
(3) Application for sign permits for signs erected without permits or removal of such illegal
signs.
9. Adjustments to setbacks to reduce tree removal (Chapter 18.790). By means of a Type I procedure,
as governed by Section 18.390.030, the Director may grant a modification from applicable setback
requirements of this Code for the purpose of preserving a tree or trees on the site of proposed
development. Such modification may reduce the required setback by up to 50%, but shall not be
more than is necessary for the preservation of trees on the site. The setback modification described
in this section shall supersede any special setback requirements or exceptions set out elsewhere in
this title, including but not limited to Chapter 18.730,except Section 18.730.040.
10. Adjustments to wireless communication facilities(Chapter 18J98).
a. By means of a Type II procedure, as governed by Section 18.390.040, the Director shall
approve, approve with conditions, or deny a request for an adjustment to the requirement that a
wireless communication tower be set back at least the height of the tower from any off-site
residence based on findings that at the following criteria are satisfied:
(1) The proposed location of the tower complies with the setback requirements for the
underlying zone in which the property is located;
(2) A structural engineer certifies that the tower is designed to collapse within itself;
(3) Because of topography, vegetation, building orientation and/or other factor, a site closer to
an off-site residence will equally or better reduce the visual impacts associated with the
tower upon the off-site residence.
Addendum to Narrative—Ajami Partition 7 of 14
b. By means of a Type I procedure, as governed by Section 18.390.030,the Director shall approve,
approve with conditions, or deny a request for an adjustment to the requirement that a wireless
communication tower be located 2,000 feet from another tower in a residential zone or 500 feet
from another tower in a non-residential zone based on findings that the following criteria are
satisfied:
(1) The applicant has fully complied with the collocation protocol as provided in Section
18.798.080; and
(2) A registered radio engineer certifies that a more distant location is not technically feasible
and/or sites at a mare appropriate location are not available; or
(3) A location closer than the required separation will reduce visual or other impacts on surrounding
uses better than sites beyond the required separation.
11. Adjustments for street improvement reyuirements (Chapter 18.810). By means of a Type II
procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions,
or deny a request for an adjustment to the street improvement requirements, based on findings that
the following criterion is satisfied: Strict application of the standards will result in an unacceptably
adverse impact on existing development, on the proposed development, or on natural features such
as wetlands, bodies of water, significant habitat areas, steep slopes or existing mature trees. In
approving an adjustment to the standards, the Directar shall determine that the potential adverse
impacts exceed the public benefits of strict application of the standards. (Ord. 06-20).
Chapter 18.705
ACCESS, EGRESS,AND CIRCULATION
Sections:
18.705.010 Purpose
18.705.020 Applicability of Provisions
18.705.030 General Provisions
18.705.010 Purpose
A. Purpose. The purpose of this chapter is to establish standards and regulations for safe and efficient
vehicle access and egress on a site and for general circulation within the site.
18.705.020 Applicability of Provisions
A. When provisions a�plv. The provisions of this chapter shall apply to all development including the
construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a
change of use which increases the on-site parking or loading requirements or which changes the access
requirements.
B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the
use to which the lot or building is put,thereby increasing access and egress requirements, it is unlawful
Addendum to Narrative—Ajami Partition 8 of 14
and is a violation of this title to begin or maintain such altered use until the provisions of this chapter
have been met if required or until the appropriate approval authority has approved the change.
RESPONSE:
A request to partition the existing lot will increase access and egress use.
C. When site design review is not required. Where the provisions of Chapter 18.360, Site Development
Review, do not apply, the Director shall approve, approve with conditions, or deny an access plan
submitted u�der the provisions of this chapter in conjunction with another permit or land use action.
RESPONSE•
Directors approval of the plan will be required.
D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not apply
where they conflict with the subdivision rules and standards of this title.
RESPONSE:
No conflicts with subdivision rules are proposed.
18.705.030 General Provisions
A. Continuing obligation of property owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real property
in the City.
RESPONSE:
A reciprocal access, maintenance of storm drainage, and driveway improvement agreement will be
required.
B. Access plan requirements. No building or other permit shall be issued until scaled plans are presented
and approved as provided by this chapter that show how access,egress and circulation requirements are
to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with
detailed information about this submission requirement.
RESPONSE•
Requirements of this section apply.
C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the
same access and egress when the combined access and egress of both uses,structures,or parcels of land
satisfies the combined requirements as designated in this title,provided:
1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts
to establish the joint use; and
2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City.
RESPONSE:
All necessary easements will be submitted as required by the City of Tigard.
D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.030I shall connect directly with a public or private street approved by the City for public use
and shall be maintained at the required standards on a continuous basis.
Addendum to Narrative—Ajami Partition 9 of 14
E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N.
RESPONSE:
A non-curbed access is proposed consistent with section 18.810.030.N.
F. Required walkwa,y location. On-site pedestrian walkways shall comply with the following standards:
1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industria) uses, to the streets which
provide the required access and egress. Walkways shall provide convenient connections between
buildings in multi-building commercial, institutional, and industrial complexes. Unless
impractical, walkways shall be constructed between new and existing developments and
neighboring developments;
2. 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, and common
open space and recreation facilities;
3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall
be designed and located for pedestrian safety. Required walkways shall be physically separated
from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed)or a
minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are
permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in width,
exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and
sign posts,and shall be in compliance with ADA standards;
4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone,
brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and
maintained to remain well-drained. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft-surfaced public use pathways may be provided only if such
pathways are provided in addition to required pathways.
RESPONSE:
No sidewalks other than those along the public roads are required. This section of the development
code does not apply.
G. Inadequate or hazardous access.
1. Applications for building permits shall be referred to the Commission for review when, in the
opinion of the Director,the access proposed:
a. Would cause or increase existing hazardous traffic conditions;or
b. Would provide inadequate access for emergency vehicles; or
c. 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.
2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots
shall be discouraged. Direct access to collector or arterial streets shall be considered only if there
is no practical alternative way to access the site. If direct access is permitted by the City, the
applicant will be required to mitigate for any safety or neighborhood traffic management (NTM)
Addendum to Narrative—Ajami Partition 10 of 14
impacts deemed applicable by the City Engineer. This may include, but will not be limited tq the
construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto
the roadway.
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.
RESPONSE:
The access proposed is safe and is mitigated by a 20-foot wide driveway.
H. Access Management
1. An access report shall be submitted with all new development proposals which verifies design of
driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration
standards as set by ODOT, Washington County,the City and AASHTO(depending on jurisdiction
of facility.)
RESPONSE:
The sight distance is adequate and no stacking is expected to occur because a minimal tra�c is
estimated tv be generated by a shared driveway.
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 yueues 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 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.
RESPONSE:
The driveway throat location from the east of right-of-way line of 715t Avenue is 101-feet. This is
less than 150-feet from the east right-of-way of SW 715t Street to the centerline of the driveway
throat. An adjustment under section 18.370.020 is requested. Also note that there are existing
driveways to the east of the shared access proposed.
3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum
spacing of driveways and streets along an arterial shall be 600 feet.
RESPONSE:
This requirement cannot be met but is safe because of minimum amount of traffic generated.
4. The minimum spacing of local streets along a local street shall be 125 feet.
RESPONSE:
No access is proposed on local streets.
I. Minimum access requirements for residential use.
Addendum to Narrative—Ajami Partition 11 of 14
1. Vehicular access and egress 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;
RESPONSE:
A 20-feet wide asphalt driveway is proposed to mitigate for the closeness of driveways. The
drives serve 2-lots as a common access based on the table 18.705.1 and meets development code
section 18.705.030.1.4.6.
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE 6 OR FEWER UNITS ,
Number Dwelling Minimum Number of Minimum Access Width Minimum Pavement
Unit/Lots Drivewa s Re uired Width
1 or 2 1 15' 10'
3-6 I 20' 20'
TABLE 18.705Z
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
MULTI-FAMILY RESIDENTIAL USE
Dwelling Units Minimum Number of Minimum Access Minimum Pavement
Drivewa s Re uired Re uired Sidewalks, Etc.
1-2 1 15' 10'
3-19 1 30' 24' if two-way, 15' if
one-way: Curbs and 5'
walkwa re uired
20-49 1 30' 24' if two-way
or
2 30' 15' if one-way: Curbs and
5' walkwa re uired
50-]00 2 30' 24' Curbs and 5' walkway
re uired
2. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor
entrance or the ground floor landing of a stairway,ramp,or elevator leading to the dwelling units;
3. Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform Fire Code;
4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the
turning around of fire apparatus by one of the following:
a. A circular, paved surface having a minimum turn radius measured from center point to outside
edge of 35 feet;
b. A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum
depth of 40 feet and a minimum width of 20 feet;.
c. The maximum cross slope of a required turnaround is 5%.
5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30
feet), may be required so as to reduce the need for excessive vehicular backing motions in
situations where two vehicles traveling in opposite directions meet on driveways in excess of 200
feet in length;
Addendum to Narrative—Ajami Partition 12 of 14
6. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be
no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting
the site.
RESPONSE:
The proposed access is shown to be 20-feet wide in a 22-feet joint access and maintenance
easement. This is shown on Sheet C-3 and Sheet C-6.
J. Minimum access requirements for commercial and industrial use.
1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 21 as
provided in Table 18.705.3;
TABLE 18.705.3
VEffiCULAR ACCESS/EGRESS REQUIREMENTS:
COMMERCIAL AND INDUSTRIAL USES
Required Parking Minimum Number of Minimum Access Minimum Pavement
Spaces Driveways Required Width
0-99 I 30' 24' curbs re uired
100+ 2 30' 24' curbs required
or
1 50' 40' curbs re uired
2. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within
50 feet of the primary ground floor entrances;
3. Additional requirements for truck traffic may be placed as conditions of site development review.
K. One-way vehicular access points. Where a proposed parking facility indicates only one-way traffic
flow on the site, it shall be accommodated by a specific driveway serving the facility;the entrance
drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from
oncoming traffic.
L. Director's authority to restrict access. The Director has the authority to restrict access when the need
to do so is dictated by one or more of the following conditions:
1. To provide for increased traffic movement on congested streets and to eliminate turning movement
problems,the Director may restrict the location of driveways on streets and require the location of
driveways be placed on adjacent streets, upon the finding that the proposed access would:
a. Cause or increase existing hazardous traffic conditions;or
b. Provide inadequate access for emergency vehicles; or
c. Cause hazardous conditions to exist which would constitute a clear and present danger to the
public health, safety,and general welfare.
2. To eliminate the need to use public streets for movements between commercial or industrial
properties, parking areas shall be designed to connect with parking areas on adjacent properties
Addendum to Narrative—Ajami Partition 13 of 14
unless not feasible. The Director shall require access easements between properties where
necessary to provide for parking area connections;
3. To facilitate pedestrian and bicycle traffic,access and parking area plans shall provide efficient
sidewalk and/or pathway connections,as feasible, between neighboring developments or land uses;
4. A decision by the Director per 18.705.030 K.1.-3. above may be appealed by means of a Type II
procedure,as regulated by Section l 8390.040, using criteria contained in Section 18.370.020 C3.
(Ord. 06-20,Ord. 02-33)
RESPOI�iSE:
Only residential requirements of 18.705 apply.
Addendum to Narrative—Ajami Partition 14 of 14
����
KU�ZAHA S HI
F_r�' ASSOC:IATES, INC.
Ci�•il Engineerine
Watcr Rcsources
Landscape Architecture
Planning
Survecin,�,
4470 SW Hall Blvd., Suite C
Beaverton, Oregon 97005
503.644.6842 o�ce
503.644.9731 fax
APPLICA TIDN FOR LAND
USE RE VIE W:
Type II Application
10660 SW 71 st Ave
&
SW Pine Street
2 - Lot Partition
Location:
10660 SW 71 th Ave
City of Tigard, Oregon
Prepared by Kurahashi&Associates, Inc.for:
Hussein Ajami
May 20, 2007
KAI#2559
APPLICANT STATEMENT
PROJECT NAME: Ajami Partition
REQiTEST• 2-Lot Partition
LEGAL DESCRIPTION• TaY Lot 3700 of Ta�c Map
� 1 S 136AD, Section 36,
Township 1 South,
Range 1 West,WNI
APPLICANT'S
REPRESENTATIVE• Kurahashi and Associates
� 4470 SW Hall Blvd, Suite C
Beaverton, OR 97005
Tel: (503)644-6842
Fax: (503)644-9731
APPLICANT: Hussein Ajami
10660 SW 71s`Avenue
Tigard,OR 97223
SIZE: 038 acres
LOCATION: 10660 SW 71St Ave., &
SW Pine Street
LAND USE DISTRICT: R-4.5
2
I. APPi i('ARi.F.RF.GiTT,ATinNS
A. City of Tigard Development Code
Section 18.390 Decision Making Procedures/Impact Study
Section 18.420 Land Partitions
Section 18.510 Residential Zoning Districts
Section 18.705 Access/Egress/Circulation
Section 18.715 Density Computations
Scction 18.720 Design Compatibility Standards
Section 18.745 Landscaping and Screening Standards
Section 18.765 Off-Street Pazking/Loading Requirements
Section 18.790 Tree Removal
Section 18.795 Visual Clearance Areas
Section 18.810 Street and Utility Improvement Standards
II. TNTRnnIJCTinN
The applicant, is requesting approval of a 2 lot partition of Tax Lot 3700 of Tax Map 1S136AD. An
existing detached single-family residence is located in the western portion of the subject site and the
dwelling unit currently accesses SW Pine Street via a driveway in the northeast portion of the site as
shown on the attached Site Plan, sheet C-3. Sanitary sewer, electric and communication utility services
are provided to the existing residence via main lines and overhead lines along the site's SW Pine Street
frontage; however,water is provided from SW 715`Avenue. Currently,there is no storm water discharge
to 71S`Avenue.
The 038 acre subject site is zoned R-4.5 and is located within the City of Tigard. The property generally
slopes down from the northwest to the southeast of the site and it currently has a few trees located on the
western and eastern edges of the site. According to City and County maps and site reconnaissance,there
are no floodplains, geologic hazards, significant habitats or wetlands on the subject site. The surrounding
properties are characterized by R-4.5 zoned properties and are mostly developed with detached single-
family residences.
The applicant proposes to retain the existing residence on Parcel 1 and partition one additional Parcel
(see Partition Map, sheet C-6). Due to the location of the existing residence on the subject site, the
existing garage will be torn down and will be rebuilt on the proposed Parcel 1. The existing residence
will be accessed from the existing driveway from SW Pine Street. A new driveway is proposed from SW
Pine Street to allow ingress/egress to the proposed Parcels 2 (see Site Plan, sheet C-3). The attached
Utility Plan indicates that Parcels 2 will be served by utilities from SW Pine Street. Attached as E�chibit
6 are the Pre-Application Conference Notes from the applicant's March 22, 2007 meeting with the City.
The following narrative and attached e�ibits demonstrate how the applicant's proposal meets the City's
criteria for land use approval.
3
III. FiNi)iN(:�
A. CITY OF TIGARD DEVELOPMENT CODE
SECTION 18.390: DECISION MAKING PROCEDURES/1MPACT STITDY
18.390.020: Deccri�tion nf n cicinn-Making Procednres
COMIVIENT:
The applicant is requesting approval of a preliminary plat for a 2-lot partition. As required by Table
18390.1,the proposed land use application has been submitted under the Type II procedure.
18.390.040• �ne ii Prncedure
. �
A. Pre-application Conference
COMIVIENT:
The applicant attended a Pre-Application Conference to discuss the proposed partition with the City of
Tigard on March 22, 2007. A copy of the Pre-Application Conference Notes is attached as Exhibit 6.
B. Application Requirements
1. Application Forms.
COn��NT:
A completed Land Use Permit Application form has been submitted with this application.
2. SubmittalInformation.
COMII�NT:
The applicable sections of the Code have been addressed in the following narrative and the review fee
has been submitted with this application. The required impact study has been included with this
application as E�chibit 2. Upon receiving a notice that the application has been deemed complete, the
applicant will submit envelopes for all property owners as specified by Section 18.390.040C.
SECTION 18.420: LAND PARTITIONS
18.420.050: A=nrnval (:riteria
A. Approval Criteria
4
1. The proposed partition complies with all statutory and ordinance requirements and
regulations;
COMMENT:
As discussed throughout this narrative, the proposed 2-lot partition complies with all applicable
development standards.
2. There are adequate public facilities are available to serve the proposal;
CONIlVIENT:
As demonstrated by the attached Utility Plan, existing public sanitary sewer, storm water, water, electric
and communication lines in SW Pine Street and SW 71st Avenue are adequate to serve the proposed
partition (see Utility Plan, sheet C-5). As agreed in the pre-application meeting, in-lieu of fee will be
paid for storm water quality and water quality.
3. All proposed improvements meet City and applicable agency standards; and
COMIVIENT:
The proposed project complies with applicable agency standards. For details please see attached Utility
Plan, sheet C-5.
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.
COMMENT:
Both Parcel 1 & 2, exceed the 50 feet width requirement for R 4.5 zoning district, as identified in the
Table 18.510.2. The proposed Parcel 1 will have a lot width of 101.51 feet and Parcel 2 will have a width
of 8835 feet.For details please see Site Plan sheet C-3.
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 calculation.
COMII�NT:
No flag lots are proposed;therefore, above section of the development code does not apply.
c. Each lot created through the partition process shall front a public right-of-way by at
least 15 feet or have a legally recorded minimum 15-foot wide access easement.
COMMENT:
Both proposed Parcel 1 &2 created through the partition process will front a public right-of-way by
5
more than 15 feet. For details please see Site Plan C-l.
d. Setbacks shall be as required by the applicable zoning district.
COD�IIVIENT:
The applicant does not propose to vary from the setback requirements of the R-4.5 zone with this land
use application. Therefore, setbacks for both of the proposed parcels will meet the development code for
the applicable zoning district. For details please see Site Plan, sheet C-3.
e. When the partitioned lot is a flag lot,the developer may determine the Iocallon of the
front yard, provided that no side yard is less than 10 feet. Structures shall generally
be located so as to maximize separation from existing structures.
COMMENT:
No flag lots are proposed;therefore, above section of the development code does not apply.
f. A screen shall be provided along the property line of a lot of record where the paved
drive in an accessway is located within ten feet of an abutting lot in accordance with
Sections 18.745.050. Screening may also be required to maintain privacy for abutting
lots and to provide usable outdoor recreation areas for proposed development.
COMI��NT:
The paved driveway for Parcel 1 is shared with Parcel 2. The shared driveway is required by the City to
minimize access pacing to Pine Street that is a collector street.Due to a shared driveway,there is no need
for a four feet high shrub screen along the accessway that serves Parcel 1 and Parcel2.For details please
see Site Plan sheet C-3.
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.
COMIVIENT:
The proposed accessway is less than 150 feet in length. Therefore, access and turnaround requirements
for fire fighting apparatus are not required for the proposed partition. Please see Site Plan sheet C-3 for
details.
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.
COMMENT:
A common driveway is proposed to serve two lots. Therefore,this section of the development code does
not applies,and a reciprocal easement will be provided.Please see Site Plan sheet C-3 for details.
6
5. Any accessway shall comply with the standards set forth in Chapter 18.705,Access,Egress,
and Circulation.
COMMENT:
The applicant has addressed the applicable standards of section below. Also see the attached Site Plan
for the location of the accessway that meets the above-mentioned standards.
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/bicycle pathway with the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan
COMA�IENT:
The subject site does not contain a hundred-year floodplain;therefore,standard 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.
COA�IlVIENT:
The applicant does not request any variances with this proposal for a 2-lot partition. This section of the
development code does not apply.
SECTION 18.510: RESIDENTIAL ZONING DISTRICTS
18.510.010 Purpose
p, precPrve neighh�rhond livahilitv. One of the major purposes of the
regulations governing development in residential zoning districts is to
protect the livability of existing and future residential neighborhoods, by
encouraging primarily residential development with compatible non-
residential development-- schools,churches, parks and recreation facilities,
day care centers, neighborhood commercial uses and other services -- at
appropriate locations and at an appropriate scale.
$, FncoLr�e conc r�etinn of affnrdahle hnucing_ Another purpose of these
regulations is to create the environment in which construction of a full
range of owner-occupied and rental housing at affordable prices is
encouraged. This can be accomplished by providing residential zoning
districts of varying densities and developing fleauble design and
development standards to encourage innovation and reduce housing costs.
7
COIVIlVIENT:
The proposed partition complies with the purposes identified above. The proposed 2-lot partition will
preserve neighborhood livability,as well as encourage construction of affordable housing.
18.510.020 List of Zoning Districts
D, R 4 5• T nw-nencitp ReSidential nis ri t_ 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.
Dupleges and attached single-family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally.
COMIVIENT:
The proposed 2-lot partition requests two single-family detached dwellings. This request meets the intent
of R-4.5 zoning district code, which is designed to accommodate detached single-family homes with or
without accessory residential units at a minimum lot size of 7,500 square feet.
18.510.030 Uses
A. Tvnec�ncec. For the purposes of this chapter,there are four kinds of use:
1. A permitted (P)use is a use which is permitted outright,but subject to all of
the applicable provisions of this title. If a use is not listed as a permitted
use, it may be held to be a similar unlisted used under the provisions of
Chapter 18.230;
COMI��NT:
This request proposes a 2-lot partition for two single-family detached dwellings. This is a permitted use
under the TABLE 18.510.1,USE TABLE.
18.510.040: ]�'jinimnm and Maximnm__ n .�nsities
COlVIlVIENT:
The applicant is proposing to develop 2 lots on the subject site. The net developable area for the subject
site requires minimum density of 2 lots and a maximum density of 2 lots; therefore, this proposal meets
the density standards. As required, the applicant has addressed the minimum and ma�cimum density
requirements for the R-4.5 zone within the response to Chapter 18.715 below.In addition,no adjustments
or variances to this standard are requested.
8
18.510.050: p�,�,�.�mPnt Standardc
A. Compliance required. All development must comply with:
1, All of the applicable development standards in the underlying zoning
district except where the applicant has obtained variances or adjustments in
accordance with Chapters 18.370.
COMNIENT:
As required, the applicant meets or exceeds the development standards of the R-4.5 zone. The attached
Site Plan(sheet C-3) locates the existing residence within Parcel 1.The Site Plan also shows that existing
garage will be torn down and a new garage will be built within the Parcel L An approximate location of
the proposed building pad for Parcel2 is shown on Site Plan to demonstrate compliance with the setback
standards. The plans also demonstrate that the garages for the proposed development will be at least 20
feet from the front property lineoThno P ell u st v arianc�e sor adjustm nt t taney o her standards with thtis
standard of 30 feet, as well as d q
proposal.
2. All other applicable standards and requirements contained in this title.
COMMENT:
This narrative addresses all other applicable standards and requirements as outlined by the attached Pre-
Application Conference Notes(see E�chibit 6).
B. Development Standards. Development standards in residential zoning districts are
contained in Table 18.510.2.
COMIVIEN'T:
Both of the proposed parcels meet the development standards for the R4.5 zoning district outlined in the
Table 18.510.2. Both of the lots will be (a) over 7,500 square feet in size, (b)exceed minimum width of
50 feet, (c) meet the front, rear, and side yard setbacks, and (d) will comply with 30 feet height
restriction.
SECTION 18.705: ACCESS,EGRESS,AND CIRCULATION
18.705.030: G neral Provicinnc
B. Access plan requiremeats. 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.
9
CONIlVIENT:
The developer has provided a Site Plan, which shows how access, egress and circulation standards are
met (see Site Plan, sheet C-3). The Site Plan shows that e�usting residence within Parcel 1 will share a
driveway with proposed Parcel 2 (for details see Site Plan, sheet C-3). Furthermore, as required by the
Pre-Application Conference Notes (E�ibit 6), the minimum access width for the new parcels is 15 feet
and the minimum pavement width to serve Parcels 1 and 2.
C. Joint Access.
Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both
uses, structures, or parcels of land satisfies the combined requirements as
designated in this title,provided:
1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or
contracts to establish the joint use;and
2. Copies of the deeds, easements, leases or contracts are placed on permanent file with
the City.
COMIVIENT:
A joint access is proposed;therefore,this section of the development code does apply.
E. Curb cuts.Curb cuts shall be in accordance with Section 18.810.030N.
COMMENT:
The curb cut for the proposed accessway will be asphalt driveway with no curbs. The proposed driveway
will meet the applicable standards.
F. Required walkway location. On-site pedestrian walkways shall comply with the
following standards:
COMMENT:
A 5-feet wide sidewalk is proposed along the SW Pine Street. The proposed access driveways both for
Parcel 1 &2 will intersect the sidewalk along the right-of-way. Wallcways will extend from the ground
floor entrances or from the ground floor landing to the streets to provide the required ingress and egress.
Overall,the proposed walkways for both parcels will meet the standards of this sub-section.
G, inade�}nate nr ha�ardnus ac.�c_
CONIlVIENT:
No inadequate or hazardous access is proposed;therefore,this section does not apply.
10
H. Access Management.
1. An access report shall be submitted with all new devclopment 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(depending on jurisdiction of facility.)
COMIV�NT:
An access report verifying the safety of the proposed accessway is provided as Exhibit 5.
2. Driveways shall not be permitted to be placed in the influence area of collector
or arterial street intersections.
COMMENT:
The Washington County Functional Classification System Map identifies both SW Pine Street and SW
715t Avenue as local streets. The proposed development fronting SW Pine Street is more than 400 feet
from the vehicular staging area for Highway 99, an arterial street. Therefore,the proposed access to the
development is outside the influence area of the nearest arterial street intersection. An Access Report has
been attached as E�ibit 5.
4. The minimum spacing of local streets along a local street shall be 125 feet.
COMMENT:
The subject site is located in an established neighborhood, and exceeds the minimum spacing of 125 feet
for local streets. This site is located in between two local streets (i.e., SW 715`Ave., and SW 69`�Ave.),
and a distance of approximately 400 feet separates these two local streets.
L Minimum access requirements for residential use.
1. Vehicular access and egress 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.
COMMENT: �
The Site Plan sheet C-3 provided shows how access, egress and circulation standards are met. It shows
that the e�cisting residence within Parcel 1 will have a shared driveway with proposed Parcel 2. The
shared driveway will be accessed from SW Pine Street. In accordance with Table 18.705.1 and the Pre-
Application Conference Notes, the minimum access width for the new lots is 15 feet and the minimum
pavement width is 10 feet. The proposed driveway is 12 feet wide in a 17 feet easement. For details see
Site Plan, sheet C-3.Please note,the driveway for Parcels 1 &2 will be situated at the properly line.
2. Private residential access drives shall be provided in accordance with the
provisions of the Uniform Fire Code.
11
COMI��NT:
The proposed accessway is less than 150 feet in length. Thercfore, access and turnaround requirements
for fire fighting apparatus are not required for the proposed partition.
4. Access drives in ezcess of 150 feet in length shall be provided with approved
provisions for the turning around of fire apparatus by one of the following:
CONIlVIENT:
As mentioned above, the proposed accessway is less than 150 feet in length. Therefore, access and
turnaround requirements for fire fighting apparatus are not required for the proposed partition.
SECTION 18.765: OFF-STREET PARI�NNG AND LOADING REQiTIREMENTS
18.765.020: Applicability of Provisions. At the time of the erection of a new structure within
any zoning district, off-street vehicle parking will be provided in accordance with
Section 18.765.070.
COn�'IENT:
The requirements identified in Table 18.765.2 for Minimum and Maximum Required Off-street Vehicle
and Bicycle Parking Requirements state that at least one-off-street parking is required for each single
family detached dwelling. This partition proposes two-single family detached dwellings; therefore, at a
minimum two off street parking spaces are required. At least one off-street parking space will be
accommodated on each lot in accordance with Section 18.765.070 either in a garage or in a paved area
adjacent to the access driveway.
18.765.030: Gen ral Pr�visinns
A. Vehicle parking 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 fultilled. The
applicant shall submit a site plan. The Director shall provide the applicant with
detailed information about this submission requirement.
COIVIlVIENT:
The attached Site Plan, sheet C-1, shows how access, egress and circulation requirements are satisfied.
B. The location of off-street parking will be as follows. The location of off-street
parking will be as follows:
1. Off-street parking spaces for single-family and duplex dwellings and single-
family attached dwellings shall be located ou the same lot with the
dwelling(s);
12
co�rrr:
At least one off-street parking space will be provided for each lot in accordance with Section 18.765.070.
The off-street parking space will be located on the same single-family lot either by a garage or in the
driveway adjacent to the residence in accordance with applicable standards.
18.765.040: General Desi�n Standardc
A. Maintenance of parlcing areas. All parking lots shall be kept clean and in good
repair at all times. Breaks in paved surfaces shall be repaired promptly and
broken or splintered wheel stops shall be replaced so that their function will not be
impaired.
COMMENT:
The driveway will be kept clean and in good repair at all times.
B. Access drives. With regard to access to public streets from off-street parl;ing:
1. Access drives from the street to off-street parlcing or loading areas shall be
designed and constructed to facilitate the flow of traffic and provide
maximum safety for pedestrian and vehicular traffic on the site:
COMMENT:
The access drives from the street to off-street parking are designed and will be constructed to facilitate
the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site. The
proposed access drive both for Parcel 1 &2 meet or exceed the minimum width standard of 10 feet.
2. The number and size of access drives shall be in accordance with the
requirements of Chapter 18.705,Access,Egress and Circulation.
C OMl1'IENT:
As identified by Table 18.705.1 and the Pre-Application Conference Notes,access drive with a minimum
pavement width is 10 feet is required. Access drive for both proposed Parcels would meet or exceed that
requirement.
3. Access drives shall be clearly and permanently marked and defined through
use of rails, fences, walls, or other barriers or markers on frontage not
occupied by service drives;
COIVIlVIENT:
The access drive serves only two houses;therefore,no special defmition is proposed.
13
4. Access drives shall have a minimum vision clearance in accordance with
Chapter 18.795,Vision Clearance;
CONIlVIENT:
The attached Site Plan, sheet C-3, identifies the vision clearance area as defined by Chapter 18.795.
5. Access drives shall be improved with an asphalt or concrete surface;
COMIVIENT:
The proposed access drive for both of the proposed parcels will be paved with an asphalt or concrete
surface in accordance with City standards.
18.765.050: B_isy�le Parkin¢necign S andards
COMIVIENT:
As identified by Table 18.765.2, Minimum and Maacimum Required Off-street Vehicle and Bicycle
Parking Requirements, no bicycle parking standards apply to the proposed single-family detached
dwelling units.
18.765.070: ]!'jinimum and 1`:axim �m nff-S re P^rking Re nirementc
CUMr'IENT:
As identified by Table 18.765.2, Minimum and Maximum Required Off-street Vehicle and Bicycle
Parking Requirements, a minimum of 1 off-street parking space must be provided for each of the 2
proposed single-family detached dwelling units. The attached Site Plan, sheet C-1, indicates that each of
the proposed lots are provided with at least 1 off-street parking space.
SECTION 18.715: DENSITY COMPUTATIONS
18.715.020 n nsi C al »latinns
A. DeGnition of net development area. Net development area, shall be determined by
subtracting the following land area(s) from the gross area, which is all of the land
included in the legal description of the property to be developed:
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.
CONIlVIENT:
When making density calculations, the applicant has subtracted 8,604 square feet from the gross acreage
14
of the site for the existing residence to remain on Parcel 1. Tfie size of the new lot is 7,500 SF which
meets the size requirements established by the code.
B. Calculating maximum number of residential units. To calculate the maximum
number of residential units per acre, divide the number of square feet in the net
acres by the number of square fee required for each lot in the applicable zoning
district.
COMII�NT:
The subject site has gross area of 16,104 sq. feet. The maximum number of units allowed is determined
by dividing 16,104 SF by 7,500 SF. The maximum number of residential units allowed on the subject site
is 2.1. Consequently,this application is proposing two detached dwellings, including existing house and
one proposed new lot in the Net Development Area.
C. Calculating minimum number of residential units. As required by Section
18.510.040,the minimum number of residential units per acre shall be calculated by
multiplying the maximum number of units determined in Subsection B above by
80% (0.8).
COMI��NT:
The minimum number of units for this site is determined by multiplying 2 (Maximum number of
Dwelling units allowed) by 80% (0.8), that results in a minimum of 1.6 residential units allowed.
Applicant is proposing one new detached dwelling units in the Net nevelopment Area under the
maximum density allowed.
18.715.020 Recidential nencity Trancfer
CONIlVIENT:
The applicant does not propose a Residential Density Transfer with this application; therefore, this
section does not apply.
SECTION 18.725: ENVIItONMENTAL PERFORMANCE STANDARDS
18.715.020: C�eneral Prnvisinns
B. Evidence of compliance.
COMIVIENT:
If required, prior to the issue of a building permit, the applicant will submit evidence-demonstrating
compliance with applicable permits required for construction of the proposed development.
15
18.725.030: Perfnrman e S andardc
COMIV�NT:
As required, the applicant will construct the proposed development in a manner that complies with all
applicable Federal, State and City noise, emissions, vibrations, odors, glare and heat, and insect and
rodent performance standards.
SECTION 18.745: LANDSCAPING AND SCREENING
18.745.020: AnnlicT ahilit�
C. Site plan requirements. The applicant shall submit a site plan. The Director shall
provide the applicant with detailed information about this submission requirement.
COMNIENT:
Landscaping and screening is proposed; however,the residential houses will provide landscaping to their
taste.
18.745.030: (:eneral Prnvisions
COMMENT:
All proposed landscaping will be installed, maintained and pruned in accordance with the standards of
this section. The applicant will protect existing vegetation to the extent possible during the construction
process.
18.745.040: Stre .t Trees
A. Protection of existing vegetation.
COMIVIENT:
The proposed development fronts SW Pine Street, which is a public street; therefore, street trees are
required with this proposal. The applicant proposes to save all trees over 12 inches in caliper, for details
see arborist report (E�ibit 4). On a side note, street trees will be provided as required by the City
Forester under this section of the code.
C. Size and spacing of street trees.
1. Landscaping in the front and exterior side yards shall include trees with a
minimum caliper of two inches at four feet in height as specified in the
requirements stated in Section 18.745.040.C2 below;
16
CONIlVIENT:
Applicant is proposing to install trees with a 2"caliper minimum along SW Pine Street and SW 71 st.
2. The specific spacing of street trees by size of tree sha116e as follows:
b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide
branching at maturity shall be spaced no greater than 30 feet
apart;
CONIlVIENT:
The trees will grow approximately 25-40 feet tall and 16-35 feet wide at maturity. As many as 9 trees
will be located on the fmal construction drawings (i.e., 275/30 = 9.2 trees). It is proposed that 8 trees
rather than 9 trees be used,to allow room for the 6-inch Maple to grow which is located at the South end
of the 71S`Avenue. The Maple tree otherwise may not be saved because of the root damage caused by the
9`�tree.
18.745.050: R �Lfferin�and �cre.�ning
B. Buffering and screening requirements.
COMIVIENT:
According to pre-application conference notes dated 3/22/07 no buffering or sight screening is required.
For details please see attached Pre-application meeting notes,E�chibit 6.
SECTION 18.790: TREE REMOVAL
18.790.030: Tr Plan Re4nirement
A. Tree plan required. A tree plan for the planting, removal and protection of trees
prepared by a certified arborist shall be provided for any lot,parcel or combination
of lots or parcels for which a development application for a subdivision, partition,
site development review, planned development or conditional use is filed.
Protection is preferred over removal wherever possible.
COMIVIENT:
One tree of less than 12 inches of diameter is proposed to be removed to make space for the sidewalk.
This tree does not require mitigation because of the size being less than 12 inches. The existing 18 inches
and 22 inches cedar trees are proposed to be retained. See Site Plan, sheet C-3, for the location of the
trees. Please note existing apple and pear trees are shown on the Site Plan, being the fruit trees their
removal does not require tree mitigation.
B. Plan requirements. The tree plan shall include the following:
17
1. Identification of the location, size and species of all e�sting trees including
trees designated significant by the city;
COMNIENT:
The location and size of the e�sting trees are identified on the attached Site Plan,sheet C-3.
2. Identification of a program to save existing trees or mitigate tree removal
over 12 inches in caliper. Mitigation must follow the replacement guidelines
of Section 18.790.060D in accordance with the following standards and shall
be exclusive of trees required by other developmeut code provisions for
landscaping,streets and parking lots;
COMIVIENT:
No tree mitigation is required; however, one tree over 12 inches caliper(6-inch Maple) is proposed to be
removed.
3. Identification of all trees which are proposed to be removed;
COMI��NT:
No tree mitigation is required; however, one tree of less than 12 inches caliper is proposed to be removed
to make space for the sidewalk.
4. A protection program dcfining standards and methods that will be used by
the applicant to protect trees during and after construction.
COMMENT:
As shown in the Site Plan, a protection plan to protect the existing trees has been included with this
submittal.
C. Subsequent tree removal. Trees removed within the period of oue year prior to a
development application listed above will be inventoried as part of the tree plan
above and will be replaced according to Section 18.790.060D.
COMIVIENT:
The applicant has not removed any trees in the last 12-month period prior to the development application.
18.790.050: Permit Applica6ility
A. Removal permit required. Tree removal permits shall be required for the removal
of any tree, which is located on or in a sensitive land area as defined by Chapter
18.775.
CONIlVIENT:
As determined by site reconnaissance and Clean Water Services, the subject site does not contain any
18
sensitive land area(see CWS Letter,E�ibit 3). Therefore, tree removal permits are not required for the
trees that are proposed to be removed.
18.790.060: Illegal Tree Removal
D. Guidelines for replacement. Replacement of a tree shall take place according to the
following guidelines:
COMMENT:
This section of the development code does not apply.
SECTION 18.795: VISUAL CLEARANCE�iREAS
18.795.030: Vi���al C'1 aran Ren �ir m n s
A. At corners. Except within the CBD zoning district a visual clearance area shall be
maintained on the corners of all property adjacent to the intersection of two streets,
a street and a railroad,or a driveway providing access to a public or private street.
COMMENT:
As shown on the attached Site Plan, sheet C-1, a visual cicarance area will be maintained at the
intersection of SW Pine and both of the proposed driveways for Parcel 1 and Parcel2 respectively.
B. Obstructions prohibited.
COIVIlVIENT:
As demonstrated on the attached Cover Sheet, sheet C-3, the 12' wide accessway for two proposed lots
will have unobstructed clear vision areas at both corners.
18.795.040: ('om� ations
B. Non-arterial streets.
1. Non-arterial streets 24 feet or more in width. At all intersections of two P
non-arterial streets, a non arterial street and a driveway, and a non-arterial
street or driveway and railroad where at least one of the streets or
driveways is 24 feet or more in width, a visual clearance area shall be a
triangle formed by the right-of-way or property lines along such lots and a
straight line joining the right-of-way or property line at points which are 30
feet distance from the intersection of the right-of-way line and measured
along such lines.
19
CONIlVIENT:
As mentioned previously, the applicant is proposing a driveway of 12 feet to access Parcels 1 and 2 on
the subject site. The attached Site Plan locates the visual clearance area with a 30-foot triangle drawn
along the front property line and centerline of the proposed driveway.
SECTION 18.810: STREET AND UTILITY Il��PROVEMENT STANDARDS
18.810.030: Str s
A. Improvements.
CONIlVIENT:
Half street improvements are required and will be completed as required by the City including widening
to 17 feet of pavement from centerlines, curbs, landscaping and sidewalk on SW Pine Street and SW 71�`
Avenue. The amount will be based on rough proportionality_For details see cross section shown Grading
Plan sheet C-4 (E�ibit 1).
18.810.040: R��
B. Sizes.
1. The perimeter of blocks formed by streets shall not exceed 2,000 feet
measured along the centerline of the street except:
a. Where street location is precluded by natural topography, wetlands,
signiGcant habitat areas or bodies of water, or pre-cxisting
development; or
COMIVIENT:
Due to the location of the existing development on the subject site and on the adjacent properties the
perimeter of blocks formed by streets has exceeded 2,000 feet perimeter measured along the centerline of
the street.No potential for reducing this distance is available on-site.
18.810.050: F.acements
A, F.ac�c. Easements for sewers, drainage, water mains, electric lines or other
public utilities shall 6e either dedicated or provided for in the deed restrictions,and
where a development traversed by a watercourse, or drainageway, there shall be
provided a storm water easement or drainage right-of-way conforming
substantially with the lines of the watercourse.
B, iJNlit� acementc_ A property owner proposing a development shall make
arrangements with the City,the applicable district and each utility franchise for the
20
provision and dedication of utility easements necessary to provide full services to
the development. The City's standard width for public main line utility easements
shall be 15 feet unless otherwise specified by the utility company, applicable
district,or City Engineer.
COIVIlVIENT:
As indicated on the attached Site Plan and/or Utility Plan,easements for public utilities are a minimum of
15 feet wide. These proposed easements will be dedicated in the deed restrictions and will be recorded
with the Final Plat, if required.No potential easement have been identified.
18.810A60: i.ots
A. Size and shape.
1. No lot shall contain part of an existing or proposed public right-of-way
within its dimensions;
CONIlVIENT:
As demonstrated by the attached Site Plan,no lots contain a public right-of-way in its dimensions.
2. The depth of all lots shall not exceed 2-1/2 times the average width, unless
the parcel is less than 1-1/2 times the minimum lot size of the applicablc
zoning district;
COMMENT:
Parcel 1 &Parcel2 are 101 and 85 deep respectively,which is less than 2-1/2 times the average lot width
of 85 and 88 feet deep respectively. Therefore,the proposed development meets this standard.
B. Lot Frontage. Each lot shall abut upon a public or private street, other than an
alley, for a width of at least 25 feet unless the lot is created through a minor land
partition in which case Subsection 18.162.050 (C) applies, or unless the lot is for an
attached single-family dwelling unit, in which case the lot frontage shall be at least
15 feet.
COMMENT:
Parcel 1 has 85 feet of street frontage on SW 71S` Avenue, and Parcel 2 has 88 feet of street frontage on
SW Pine Street, which is a public street. Therefore, above code section is met. For details see Partition
Map, sheet C-6.
D. Lot side lines. The side lines of lots, as far as practicable,shall be at right angles to
the street upon which the lots front.
COMMENT:
21
As demonstrated by the attached Partition Map, sheet C-6, the sidelines of the proposed Parcels 1 and 2
are at right angles to SW Pine Street.
18.810.070: fiidewalks
�, Sidewalkc_ All industrial streets and private streets shall have sidewalks meefing
City standards along at least one side of the street. All other streets shall have
sidewalks meeting City standards along both sides of the street. A development
may be approved if an adjoining street has sidewalks on the side adjoining the
development,even if no sidewalk e�sts on the other side of the street.
CONIlVIENT:
A sidewalk of 5-feet in width is proposed fronting the development on the side of the development both
on SW Pine Street and SW 71�Avenue. See Site Plan sheet C-3 and Grading Plan C-4 for details.
B, Planter strin re�»ir .mentc_ A planter strip separation of at least fve feet between
the curb and the sidewalk shall be required in the design of streets, ezcept where
the following conditions exist: there is inadequate right-of-way; the curbside
sidewalks already exist on predominant portions of the street; it would conflict with
the utilities, there are significant natural features (large trees, water features,
significant habitat areas, etc) that would be destroyed if the sidewalk were located
as required, or where there are egisting structures in close proacimity to the street
(15 feet or less). Additional consideration for exempting the planter strip
requirement may be given on a case by case basis if a property abuts more than one
street frontage.
CONII��NT:
Due to the existence of storm water drainage ditch the planter strip cannot be set to grade on Pine Streets
not proposed. However, the sidewalk will be installed to allow for a future curb and planter strip along
the SW 71S`Avenue.
18.810.080: P �hli iTse Areas
COMIVIENT:
There are no proposed public use areas with this application. Therefore,these standards do not apply.
18.810.090: Sani a �ewers
B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plan and
proposed systems prior to issuance of development permits involving sewer service.
COIVIlVIENT:
22
As shown on the attached Utility Plan, the existing residence on Parcel 1 is already connected to public
sewer system. A new sanitary later will be extended from SW Pine Street to the Parcel 2. Existing and
proposed sewer main lines, laterals and manholes are labeled on the attached drawings (Utility Plan,
sheet CS). Detailed drawings will be submitted to the City Engineer for review prior when the applicant
applies for building permits.
18.810.100: �t�rm nrainage
A. General provisions. The Director ad City Engineer shall issue a development
permit only where adequate provisions for storm water and flood water runoff
have been made,and;
1. The storm water drainage system shall be separate and independent of any
sanitary sewerage system;
CONIlVIENT:
As indicated on the attached Site Plan& Utility Plan, the proposed storm water drainage system will be
independent of the proposed sanitary sewerage system and storm water & floodwater runoff will be
discharged to the street into the drainage ditch. Please note the developer will pay an in-lieu of fee for
water quality and water detention pond.
2. Where possible, inlets shall be provided so surface water is not carried
across any intersection or allowed to flood any street; and
COMMENT:
If required the applicant will provide the temporary storm drainage improvements as required by the City
so that storm water will not stand along the proposed driveway or its intersection with SW Pine Street.
3. Surface water drainage shall 6e shown on every development proposal plan.
COMMENT:
As indicated on the attached Site Plan & Utiliiy Plan, the proposed storm water drainage system will be
independent of the proposed sanitary sewerage system and storm water and floodwater runoff will be
discharged to the street into the drainage ditch. Please note the developer will pay an in-lieu of fee for
water quality and water detention pond. See the Site Plan for details.
18.810.110: Bikeways and Pedestrian Pathways
A. Bikeway extension.
23
CONIlVIENT:
As a standard, bike lanes are required along all Arterial and Collector routes or where identified by the
City's bicycle plan. The subject site fronts SW Pine Street, a local road; therefore, bike lanes are not
required with this development.
18.810.120: Utilities
A. Underground Utilities. All utility lines including, but not limited to those required
for electric, communication, lighting and cable television services and related
facilities shall be placed underground, except for surface mounted transformers,
surface mounted connection boxes and meter cabinets which may be placed above
ground, temporary utility service facilities during construction, high capacity
electric lines operating at 50,000 volts or above,and:
1. The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
2. The City reserves the right to approve location of all surface mounted
facilities;
3. 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
4. Stubs for service connections shall be long enough to avoid disturbing the
street improvements when service connections are made.
COMMENT:
The existing residence which will remain on Parcel 1, is currently served by (a) underground sewer and
storm lines, and (b) overhead cable, telephone, and electric lines that are within SW Pine Street. The
applicant does not propose to replace the existing overhead lines along SW Pine Street with underground
lines.
The attached Utility Plan also indicates that proposed underground sewer and storm lines to Parcel2 will
be extended from SW Pine Street. Please note applicant further proposes to install underground lateral
electric and communication lines to Parcels 2.
B. Information on development plans. The applicant for a development shall show on
the development plan or in the explanatory information, easements for all
underground utility facilities,and:
1. Plans showing the location of all underground facilities as described herein
shall be submitted to the City Engineer for review and approval; and
2. Care shall be taken in all cases to ensure that above ground equipment does not
24
obstruct vision clearance areas for vehicular traffic.
CONIlVIENT:
The attached Utility Plan shows easements for all underground utility facilities in order for this proposal
to be reviewed by the City Engineer. The applicant will not locate above ground equipment where it
might obstruct vision clearance areas.
D. Fee in-lieu of undergrounding.
1. The City Engineer shall establish utility service areas in the City. All
development which occurs within a utility service area shall pay a fee in-lieu
of undergrounding for utilities if the development does not provide
underground utilities, unless egempted by this code.
COMIVIENT:
If required, the applicant wilt sign a non-remonstrative agreement and will pay a fee in-lieu of under-
grounding the overhead lines along the SW Pine Street frontage.
18.810.130: Cash or Bond Required
COMMENT:
Before the issuance of development permits, the applicant will provide the required cash deposit or bond
for the proposed public improvements.
18.810.140: Monuments
COM117ENT:
As required,the applicant will replace all disturbed monuments prior to acceptance of the improvements.
18.810.150: Installation Prerequisite
COMIVIENT:
As required, the applicant will receive approval and pay related fees before the public improvements
work is undertaken.
18.810.160: Installation Conformation
25
COMMENT:
The applicants will install the public improvements per City standards.
18.810.170: Plan Check
COn��NT:
The applicant will not begin work until plans and estimates have been submitted and reviewed by the
City Engineer.
18.810.180: Notice to City
COMMENT:
As required,the applicant will not begin work until the City has been notified in advance.
18.810.190: City Inspection
COMIVIENT:
The proposed improvements will be constructed under inspection of the City.
18.810.200: En�ineer's Certification
COMMENT:
The applicant's engineer will submit written certification of the improvements to the City.
IV, �1T1ViMARY AND("(�NC i.iJ�inNS
Based on the above findings, the applicant has demonstrated compliance with the requirements of the
relevant sections of the City of Tigard Development Code. Therefore,this request should be approved.
26
�� c v
Q
LIST OF EXHIBITS
1. Development Plans
Sheet C-1 Cover Sheet(includes Vicinity Map)
Sheet C-2 Existing Conditions
Sheet G3 Site Plan
Sheet C-4 Grading Plan
Sheet C-5 Utility Plan
Sheet C-6 Partition Map
Sheet C-7 Tree Protection Plan
2. Impact Study
3. CWS Service Provider Letter
4. Arborist Report
5. Access Report
6. Pre-application Meeting Notes
7. Ownership Information
27
IMPACT STUDY
A. INTRnniTCTinN
The applicant, is requesting approval of a 2-lot partition of Ta�c Lot 3700 of T� Map 1S136AD. The
038 acre subject site is zoned R-4.5 and is located within the City of Tigard. The following narrative
quantifies the effect of the proposed development on public facilities and services as required by Section
18390.040(2)(e)of the Community Development Code.
B. PRnPn�Fn nFVF'i.nPMFNT'�iMPAf'T nN
PiTRT,iC'FAC'TT.TTT,� AND �F,RViC'F�
1. TRANSPORTATION SYSTEM IlVIPACT
COlVIlV�NT:
An existing detached single-family residence is located in the south-western portion of the subject site
and the dwelling unit currently accesses SW Pine Street via a driveway in the northeast portion of the site
as shown on the attached Site Plan, sheet C-1. The applicant proposes to retain the existing residence on
Parcel 1 and partition one additional Parcel towards the eastern portion of the subject site(see Site Plan).
Due to the location of the existing garage, it will be demolished and new garage will be constructed for
the existing dwelling on Parcel 1 and will continue to be accessed from the SW Pine Street. The Parcel2
will also be accessed from SW Pine Street through a newly created driveway that will be situated either
21 feet from east property line or 22 feet from west property line of Parcel2.
The Washington County Functional Classification System Map identifies SW Pine Street as a local
street. It is unlikely that the two new residence proposed with this development will generate enough
vehicular trips to have a measurable impact on the existing street system. The proposed development
fronting SW Pine Street is more than 500 feet from the vehicular staging area for Pacific Highway also
known as Highway 99, an arterial street. Therefore, the proposed access to the development is outside
the influence area of this arterial street intersection. An Access Report indicating that the proposed
development has adequate stacking needs, sight distance and deceleration standards have been attached
as Exhibit 5.
2. DRAINAGE SYSTEM IMPACT
COMMENT:
The attached Utility Plan, sheet C-3, indicates that both Parcels 1 and 2 will be served by a proposed
underground sewer lines that will connect to either SW Pine Street or SW 71st Avenue. The applicant
will discharge treated storm water into the existing storm water system in SW Pine Street. An in lieu-off
fee will be paid to the City for the water quality and water detention pond.
3. PARKS SYSTEM I1�ZPACT
COMIV�NT:
28
As mentioned previously, the applicant is proposing a 2-lot partition to develop one additional single-
family residence. The subject site is located at 10660 SW Pine Street and a Vicinity Map indicating the
project's location has been attached as Site Plan, sheet C-1. The City of Tigard Parks and Recreational
Facilities Map indicate that the nearest park facility is Metzger Park, about 1.1 miles from the subject
site. The Facilities Map also identifies Metzger Elementary School as within a 10-15 minute walk from
the proposed development. It is not anticipated that the proposed development will have a measurable
impact on the park and recreational system in the City. However, one new tax lot created with this
development will generate additional tax revenue to help fund the existing park system.
4. WATER SYSTEM IlVIPACT
COD'Il1�NT:
The water line main located in SW 71st Avenue cunently serves the existing residence remaining on
Parcel 1. The attached Utility Plan, sheet C-3, proposes that Parcels 2 connect to the water main in SW
Pine Street though laterals within a utility easement (see Utility Plan, sheet C-3). Preliminary
engineering investigations indicate that the proposed development can be served by the existing City
water system.
5. SEWER SYSTEM IlVIPACT
CONIlVIENT:
The existing residence remaining on Parcel 1 is currently served by the public sewer system along SW
Pine Street. The attached Utility Plan indicates that Parcels 2 will also be served by sewer line laterals
that will connect to SW Pine Street. Preliminary engineering calculations have determined that the
existing sewer system can accommodate the additional waste volume generated by one additional single
family residence.
6. NOISE IlVIPACT
COMIV�NT:
The subject site is zoned R-4.5 and the surrounding properties are zoned R-4.5 and aze mostly developed
with detached single-family residences. As mentioned previously,the applicant proposes to develop one
additional detached single-family residence that will not impact the character of the existing development
in the area. As required,the applicant will construct the proposed development in a manner that complies
with all applicable Federal, State and City noise performance standards. The proposed development
should have no noise impacts to the surrounding neighborhood beyond the construction phase of the
project.
C. C(lN['i,TJSinNS
Based on the above findings, the applicant has demonstrated that the proposed development can be
served will have no serious impacts on existing City facilities and services. Therefore, the applicant's
request should bc approved.
24
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PoRTLAND, ORECON 97217 (503)644-6842 (�V�j��r
PXONE: 503-799-10796 (5p3)6at-973i FeJC - - n
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NE 1/4 SECTION 36, N��' � °�
1. ALL EXISTING APPLE TREES ADJACENT .n eva.n
TOWNSHIP 1 S, RANGE 1 W, W.M. TO PROPOSED SIDEWALK TO BE CUT ��-.. �.
WAS H I N GTO N C 0 U NTY 0 R EG 0 N 2• ALL EJ(ISTING HEDGES ADJACENT TO
f PROPOSED SIDEWALK TO BE REMOVED
TAX LOT 3700 3. NO 100 YEAR FLOOD PLAIN ON SITE
4. NO HABITAT AREAS LOCATED ON SRE
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O WATER MEfER
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STREEf IMPROVEMEMS (LENGTH i s�r.c r �TM+��E � PARCEL 2 � � v)
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CONSTRUCT SIDEWALK ; W AR � r� SIURE EDMY?
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�GRADE VARIES _ 29: SLOPF
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SW 71ST AVENUE SW PINE STREEf AND SW 71ST AVENUE ��
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y��• oervewnr � SAVE PORTION OF EXISTING HEDGE
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� , acuovc cxsruc� SIDEWALK IF POSSIBLE, & REMOVE
HEDGE �� o�+'�- aew.f[x Nc N[vc[ THE PORTION WITHIN THE VISUAL
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CONSTRUCT PAF2TIAL 1 2 I I n � ��=2
PARCEL 2 ��
STREET IMPROVEMENTS (LENGTH � I PARCEL 1����E � cx.zo• 'A Q
TO BE DEfERMINED) I 66�� I i �I I '�5` I ��.L� LEGEND O�
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ARBORIST RECOMMENDATION
"PLACE THE PROTECTION FENCE 12 FEE? FROM THE
� CENTER DF THE TWO CEDAR TREES TO TIIC WEST ANG
RUN IT 78' NORTH OF THE NORTH 22" CEDAR TREE
AND 18' SOUTH OF THE SOUTH 20"CEDAR TREE OR
TO THE PROPERN IINE WHICHEVER COMES FIRST."
ARBORIST: TERRY FLANAGAN !�"
KUR.AHASHI
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PRESIDENT, TERAGAN & ASSOCIAlES �nw�`
3745 WESTVIEW CIRCLE �J °
LAKE OSWEGO, OREGON �����
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97034 TA�
(503)697-1975 Pfl�TECTION
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KU i=ZAHA S HI
� ASSOCIATES, INC_
Dated: October 26,2007
Attn: Ms. Emily Eng
Pla.iuung Department
City of Tigard
13125 SW Hall Blvd.
Tigard, OR. 97223
Re: Ajami Partition
Case File No. MLP 2007-0005
Adjustment to 200' Driveway's spacing
Dear Ms. Eng:
The existing driveway is located approximately 128' to the East of SW 71StAve ROW along
SW Pine Street and within the influence azea spacing from a collector intersection(SW Pine
Street& S W 71 St Ave.).
We can not add an additional driveway within this area because of the normal requirement of
200 feet between drivers along collector street we are therefore proposing a shared driveway
about 132' to the East of SW 715t a right of way along SW Pine.
There is no driveway directly across the proposed driveway; therefore there is no conflict of left
turn movements. However as we mentioned before the spacing of driveway and street along a
Collector(Pine street) is 200 feet minimum.
We are therefore requesting adjustrnent to this standazd.
Thank you for cooperation in this regard.
Sincerely, �
�� �`'
� ���
Khosrow D. Shaidaee, P.E.
Kurahashi&Associates,Inc.
4470 SW HALL BLVD.SiIIT'E C;Beaverton,Oregon 97005
Phone:(503)644-6842;Fa.�t:(503)644-9731
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KLTRAHASHI �
� ASSOC:IATES, INC.
December 11, 2007
Emily Eng
City of Tigard
13125 S W Hall Blvd
Tigard, OR 97223
Phone: 503.639.4171
Dear Mrs. Eng,
As identified by you and Kim McMillan, P.E. that there was a need to develop a shared access to
mitigate for the access limitations required under section 18.705.
Below is a narrative to respond to the access and egress requirements and to request an
adjustment since complete adherence to chapter 18.705 is not possible. Furthermore, adjustments
are also requested under sections 18.370.020.
Sincerely,
��..�, .-� . ,/'�����
. � �''`�
Gregory Kurahashi, PE
Kurahashi &Associates, Inc.
4470 SW Hall Blvd.,Suite C;Beaverton,Oregon 97005
Phone:(503)644-6842 Fax:(503)644-9731
! f�i i� J
KURAHA S HI
F3 ASSOCIATES, INC_
October,24 2007
Kim McMillan,P.E.
Engineering Dept.
13125 SW Hall Blvd.
Tigard, Oregon 97223
RE: 10660SW 71ST AVE.Proposed Driveway
(PARCEL 1 &2)
Access ReportlSight Distance Cert�cation(SW 71ST & SW Pine street)
The access for this site is located 1013 feet East of Westerly property line,which is about 131 feet east of
controlled intersection of SW 71St & SW Pine Street.The posted speed limit along SW Pine and SW 715t
is 25 MPH, in both directions.
The sight distance from the access point to Pine street was measured approximately 935 feet to the West
of the access point in one direction and approximately 665 feet to the East of access point in the other
direction.The measurements were based on object to be 4.25 feet above the road,and an eye level of 3.5
feet at 10 feet from the fog line to the front of the stopped vehicle,which this is required by Code
Sections 501-8.SF(3)(a)and 501-8.SF(3)(b). �
However the access point is located 131 feet to the east of controlled intersection of SW 71ST Ave. & SW
Pine street(4 way stop)therefore there is no problem to the west and as we mentioned 665
feet sight distance to east. The sight distance meets 25 MPH posted speed limit.
In conclusion,I hereby certify that the sight distance of new access point into SW Pine Street meets the
Washington County Community Development Code.
Respectfully ti
/� ��AEO i'p0�,cr
� �,,�GIf��.9 s�
Diinitrios Shaidaee,P.F,. � 15,656 �
2
Senior Vice-President �'
Kwahashi&Associates OREGON r
�rpT i 7,1°A�.
�' SHAf D PE�
�=�CP, �,3 0� D�
4470 SW Hall Blvd,Suite C;Beaverton,Oregon 97005
Phone: (503)644-6842;Fa�c:(503)644-9731
, May. 31. 2007 11 : O1 PM . No. 1302 P. 1
,f �-� �� —3�
�" �1�az��atet'� Services
� �ui�t6nnr3ftmC�l it.cicor_ CWSFile�lum6e�
Sensitive Area Pre-Screening ��►_�����
Site Assessment
� JUrlsdictioh: i � •
Properly InFarmatlon: (examp/e 15234ABOi4o� Owner tnformatlon:
Taxlot ID(s)�_ f5/3 5 e9�,o� o��DO Name: i c���{c1�'e.l�
Campany_
address: �o2B N, tMoK�-�ncz. �v�
Slte Address� � ( s� V P�f a� pR_ ���7
_ �� pF: � Phone/Fax: 50 ,) 7�9�-fa7��(s6�5>a--6170
Nearest Cross Street: 5 r G '�'' E-msi1: •
Development Activity: Check all that apply Appl(cant fnformatlon•
Addition fo 5ingle Famify Residence (rooms, deck,garage) ❑ �ame; �re �► . �.
Lof Line Adjustment ❑ Minor Land Partition ,� Company: kuric.InaS�r� a /Qs�ace a�crS
Rasidential Condominium ❑ Commercial Gondominium ❑ Address;�'{7�i �S�.,� l-I a.I( ;I�/>>�
t�asidentia�5ubdivision ❑ Gommerciaf Subdivision ❑
Sing(a Lot Commercial ❑ Multi Lot Gommercial ❑ phone/�ax:, o �O —6�I� / d�-����
OtheT' 2. ��y-�.,�-lo►t. (tiC��Id�vtG Sidec�w.� .
_ [--�/ r 1 �-mail: `f YPa� �u r,� �itC�S�/a c e t�
�d—_S�drF— ��y .SY�/-eQ-�' ��
WIII the proJect Involve any off-sife wqrk: YES�C] NO❑ Unknown ❑ Locatfon and descr[pUon of off-slte work:
5� (,�rt' .�
W 'I���r�� r nr-1 u��vc S', e GJr�.�.l� urn� Stic�r�' �c��.�S�,rn�
I
Acidlt[onal comrnents or Informatio�i that may be needed understand your nroJect:
Thi6 epplicetiun does N07 replace the need for Grading and Eroeion ContYOl Permite,Connecllan Pertnits,6uflding PeYm�ts,5ite Developtnent
Permlts,DEQ 1200-C Pormlt or ofhor pe+rmlts as(ssuod by lhe Department of Envlronmental Quallty,Deparlment of 9ta�e I.ands anNor Department of
thA Afmy COE_ All Yequired parmits and appravala mu6t he obtained and complaled undet applicable lacal�stafe�and federaf faW.
By eigning this form,lhe Owner or Ownera aulhorized agent or representa[ive,ackno��ladges and agrees lhaf employaes of Claan W�far Seryices ha�a aulhafEy
lo en�er 1he proJecl s►le al all reasonable llmes tor lhe purpose of lnspeclirsg proJect slle condilions and galherinq fnformation relaled fo the projed site- 1 certify
lhat 1 am femiliar Wilh 1he inFnrmeGon aonlained in Ihia documen�and to lhe bael of my knowledge and 6Bllef,Ihie ihFormalion Is trtte,oomplele,end accUrsle.
PrintlType Name: G t"e n�'"� �, �,�aJ" e Prinf/Type Tit(e: //"��� �• ��1�t/'�4�►�� ��OC-•
Signature: Date: .�/1i�/7 `����.
FOR DISTR[CT USE ONLY
❑ Sensitive areas potentially exist on site or wfEhin 200'of the slte. TNE APPLICANT MUST PERFORM A SITE ASS�SSMENT
�'RIOR TO ISSUANCE OF A SERVICE PROVIDER LETfER. If Sensilive Areas exist on the site or within 200 feet on
. adjacent properties, a Nafural Resources Assessment Report may also be required.
❑ Based on teview of 4he su6mitted maEerlals ahd best availa6le fnformation Sensilive afeas do not sppear to exist on site or
wilhin 200'oF the site. This Sensitive Area P�-Screening Site Assessment does NOT eliminate the need to evaluate and
protect water quality sensitive areas if tf�ey are subsequenfly discovered. This document will serve as your Se[vice provider
tetfe�as required by Resolution and Order 07-20,Section 3_02.1_ All required parmits and approvals must ba obtained and
complefed under applicable focal,Stete,a�d fed'eral law. •
� Based on review oF the submitted materials and best available information the above referenced project wi(I nof significantfy
impact the exisfing or potentially sensitive arga(s)Found near the sita.This Sensitive Area Pre-Screening Sife Asseasment
does N�T ellminate the need to evaluate and profect additional water quality sehsilive areas if they ate subsequently
d(scovered. Thfs document will setve as your Servlce Provider fetter as required by Resolution and Order 07-20,Section
3.02.1. All required permiLs and approvals musf be obtained and completed under applicable local,sfate,and federal law. .
❑ Thls Service Provider Letter is not valid unless CWS approved sits plan(s}are attached.
❑ The proposed activily does noE meet the definiEioh of devefopment or the fot was platted after 9/9/95 QRS 9204Q(2). NO SITE
___ ASSESSMENT OR SERVIC PROVIDER LETfER IS REQUIRED_
� Reviewed By- --s� �G---- Dafe: .s 3� Q I�
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m � "' �w w DRNEWAY w SAVE PORTION OF EXISTING HEDGE
.,�,;,. NOT ADJACENT TO PROPOSED W
�' , REMOVE ExisnNC IE=325.60 � � iE=32�.s� � a ' SIDEWALK IF POSSIBLE, & REMOVE �
� �' HEDGE pUCpI1ICH0/W :- REAIOVE IXI INC HEDGE THE PORTION WITHIN THE VISUAL
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ON 2 INCH DIAMETER GALVANIZED IRON � O
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STREET IMPROVEMENTS (LENGTH � � � 6604 SF � -, �soa sF , ceou+ �� V�
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c1'� RUN IT 18' NORTH OF THE NORTH 22" CEDAR TREE �J ����� D
� AND 18' SOUTH OF THE SOUTH 20" CEDAR TREE OR I ----�,, .��I,CLt�G��
� ARBOR S PROPRRYTMFLANA ANICHEVER COMES FIRST." � �Y� Y� �V {�J ��"
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03/02/2007 09:52 FAX 50a5981960 CITY OF TIGARD �002
� . PRE-APPLIC�.T�ION�
� ° � CON��F.ENCE� RE QUE ST
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. . : C�y g{7'z�Pa�ras Cb�er 13125 SR�Hall Blzd, Tt� OR 97223
� '� � � � ' ' Phor� 503.639.4171 Fax:503.598.1%0
GE RAL IN]FORMATION " �
Applican� ��LS�1 n ►a�rrs i POR STAFF USE ONLY
Aaa�s: �?��o�s.i-�o--�.� p�A�: - v�9
City. Tt t !��1 � zip: q� ��e Case No.: E..�o-7 - C_`,� � ::—z
' � . � Receipt No.: � � � 7 —/ O d�
C�ntact Pe:son:��,�jSC,� �1r1�11 Phone: • D?�
Applicatioa Acce�ted By.
ProperCy Oomer/Deed Ho]de�s):� Date: 3 0�
DATE oF PxE-,9Pr.: -3/Z-z, o�
Addness: Phone: ZIlv�OF PRE-APP_ y.' c�:, /-� �-t-�,
Cicy: Z�p� PxE•,�►PP.�LD wI'IH t_M t t,`f�L�
Rer.7/5/06
PropectyAddcess/Location(s):��(p(� �,ul ���i AYPnu�. =����e��������•'°'PP�tAPP.�
Poc�-lar� C� 4�I?��
�QUIItED SUBMIZ'TAI._ELEMEJ��
Tax Map&Tax Loc�(s): f s/��� � C�3�7 I� (Note� applications will not be acctp[ed
n � � ' out the required submittal elements)
Zoning: �� Pre-Applicauon Conf.Request Form
Siie Size; � COPIES EACEi O,�'I'HE FOLLOWINCx
�rief Descripuon of the Proposal and any
PRE-APPLICATION ONFERENCE INFORMA?ION sice-specific quesdons/issues that you would
L7ce co hav� sraff research prior to the
All of thc inforraacion identified on this fozm are required to be submi�ced by ��'
rhe applicaat and received by rhe P1an� Division a minimum of one (11 �S�e Plan. The siu plan must show the
week urior�o�y cLted � a gre-a��lication conference dare/time to proposed lors and/or bw7ding layeuu drawu
allow staff ample tune to prepare for c6e mee�ing. to scale. Also, shaw rhe locanon of r.he
subject properry in m�ation to t.he nearest
A pr�applicadaa confererace can usually be scheduled wichin 1-2 week5 of the- sueeu;and the locauons of d:iveways on the
Pl�vuiiag Divuion's ieceipt of the request for either Tuesdav or Thursday )ecipj^operryandacross che street.
mominQS. Pre-applicauon eonferences are Qq�(� h,��.er long and are typicaIly s���
held betweeu t�-�z houcs of 9:Q0-11:00 AM �The Proposed Uses.
PRE-APPLICATION CONFERENCES MUSr SE SC'�HEDULED IN �Topographic Ir�ot�nauon. Inrlvde Cnntour
PERSON AT THE CAMMZT'VITY DEVELOPMENT COLTNTER Lines if Possible_
PROM 8:d0-4:00/MONDAY-FRIDAY.
. ❑ I Pre-Application Cpnference is foz a
IF MORE THAN 4 PEOPLE ARE EXPECT�D 70 AT7�ND THE M POL� project, rlie applicanc must
PRE-t1I'PLICA'Y'ION CONFERENCE IN YOUR GROiJP, PLEASE amach a of rhe leaer and proof in rhe
INFORM THE Q'I'Y FN ADVANCE SO THAT AL•TERNATE ROOM form of affidavie of ma�ling, that the
ARRANC�MEN'I'S C,t1N BE MADE TO ACCOMMODATE THE collocation toco2 was completed (see
GROU�'. Section 18J98.0 of the Tigard Communiry
�eveiopmenz Co�e .
iling Fee$362.00 .
�
1
March 2007
April 2007
S M T W T F S S M T W T F S
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,ss zs z� zs z9 so 3i � Thursday, March 22, 2007 �29 30 �
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should be verified with ihe Development Services Division.
13125 SW Hall Blvd
, . I --- Tigard.OR 97223 '..
. . ' . . '. __ - -- -- - — - - (503)639-0771
. � http://www.ci.tigard.or.us
Community Development Plot date:Mar 12,2007;C:ImagiclMAGIC03.APR
�I
To: The City of Tigard
March 12, 2007
To Whom It May Concern:
My name is Hussein Hassan Ajami, and I own the property 10660 S W 71 S`Avenue,
Portland, OR 97223-8798. I would like to split this property so that it results into two
separate Tax IDs; for the purpose of building another home for my family.
Thank you Ve much
Si�c,2r y,
�� .
H se' Ajami
03) 99-1079
Q3102/200T 08:52 F�.� 503588I980 CITY OF TIGARD (�00�
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03/02/2007 09:52 FAX 5035981960 CITY OF TIGARD I�004
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PRE-APPLICATION CONFERENCE NOTES �� �
➢ ENGINEERIHG SECTIOH \ CRyofTlgard,Oreg�n
�'ommimity�17et�eCopment
S(ut ' A BetterCommuni
PUBLIC FACILITIES Tax Map[sl: 1S136AD
Tax Lot[sl: 3100
Use iylpe: MLP
The extent of necessary public improvements and dedications which shall be required of the applicant
will be recommended by City staff and subject to approval by the appropriate authority. There will be
no final recommendation to the decision making authority on behalf of the City staff until all concerned
commenting agencies, City staff and the public have had an opportunity to review and comment on
the application. The following comments are a projection of public improvement related requirements
that may be required as a condition of development approval for your proposed project.
Right-of-way dedication:
The City of Tigard requires that land area be dedicated to the public:
(1.) To increase abutting public rights-of-way to the ultimate functional street classification
right-of-way width as specified by the Community Development Code; or
(2.) For the creation of new streets.
Approval of a development application for this site will require right-of-way dedication for:
� SW Pine Street to provide adequate radius in feet at corner
❑ SW to feet
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW Pine Street (Collector with bike lanes), to
include:
� 17 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5 foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
CITY OF TI6ARD Pre-Applicatl�n Cmferonce Netes Page 1 of 6
Eagloesring Oepartnent SscUoo
� ❑ Other:
� Half street improvements will be necessary along SW 71St Avenue (Neighborhood Route), to
include:
� 16 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5 foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
CITY OF TIGARD Pre-Applicadon Conference Notes Page 2 of 6
Engineering Oepar[ment Sectlon
� ❑ street trees
❑ street signs, traffic c�ntrol devices, streetlights and a two-year streetlight fee.
❑ Other:
Aqreement for Future Street Improvements:
In some cases, where street improvements or other necessary public improvements are not currently
practical, the improvements may be deferred. In such cases, a condition of development approval
may be specified which requires the property owner(s) to provide a future improvement guarantee.
The City Engineer will determine the form of this guarantee. The following street improvements may
be eligible for such a future improvement guarantee:
(1.)
�2.)
Overhead Utility Lines:
� Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW 71St Avenue
(opposite side of street). Prior to issuance of buildingpermits, the applicant shall either place
these utilities underground, or pay the fee in-lieu described above.
Sanitarv Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Pine Street. The
proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to connect each parcel to the public sanitarv sewer with a separate connection.
Water Supply:
The Tualatin Valley Water District (Phone:(503) 642-1511) provides public water service in the area of
this site. This service provider should be contacted for information regarding water supply for your
proposed development.
Fire Protection:
Tualatin Valley Fire and Rescue District (South Division) [Contact: John Dalby, (503) 356-4723]
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.
CITY OF TIGARD Pre-Applicatlon Conference Notes Page 3 of 6
Engineering Depar[ment Section
Storm Sewer Improvements:
All proposed development within the City shall be designed such that storm water runoff is conveyed
to an approved public drainage system. The applicant will be required to submit a proposed storm
drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure
that the proposed system will accommodate runoff from upstream properties when fully developed.
Stormwater runoff must be collected and discharged to an approved public system. Show this on
plans.
A fee-in-lieu of detention will be allowed.
Storm Water Qualitv:
The City has agreed to enforce Surface Water Management (SWM) regulations established by the
Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of
on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from 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.
�ther Comments:
All proposed sanitary sewer and storm drainage systems shall be designed such that City
maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance
access roadways may be required if existing or proposed facilities are not otherwise readily
accessible.
9) Half-street improvement requirements will be determined based on rough proportionality.
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
CITY OF TI6ARD Pre-Applicatlon Cenference Motes Page 4 ef 6
En9lweering 9sprrtmen[SacUon
permit. Deferral of the paym �t until occupancy is permissible r � when the TIF is greater than
$5,000.00.
Pay the T/F
PERMITS
Public Facilitv Improvement (PFI Permit:
Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering
Department. A PFI permit application is available at the Planning/Engineering counter in City Hall.
For more extensive work such as street widening improvements, main utility line extensions or
subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for
review and approval.
The Engineering Department fee structure for this permit is considered a cost recovery system. A
deposit is collected with the application, and the City will track its costs throughout the life of the
permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases
where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for
any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI
permit application. This time will be considered part of the administration of the eventual PFI permit.
The Permittee will also be required to post a performance bond, or other such suitable security.
Where professional engineered plans are required, the Permittee must execute a Developer/Engineer
Agreement, which will obligate the design engineer to perform the primary inspection of the public
improvement construction work. The PFI permit fee structure is as follows:
NOTE: If an PFI Permit is required,the applicant must obtain that
permit prior to release of any permits from ihe 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
CITY OF TI6ARD Pro-Appllcatlen Cenference Notes Page 5�f 6
Eiglu�rf�g Ye'�rtme�t sseUaa
• permit can not be is� �i in a subdivision until the publ� '�provements are substantially
complete and a mylar . ,,y of the recorded plat has been re. .�ed by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
PREPARED BY: 3-2� - o
ENGIHEERI DEPARTMENT STAFF DATE
Phone: [5031639�4111
Fax: [5031624-0752
document2
Revised: September 2,2003
CITY OF TI6ARD Pr�-Applicatlon C��ercnce Notes Page 6 of 6
Englpe�Heg oeaartwsot soetle�
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CITY OF TIGARD ,,
PRE-APPLICATION CONfERENCE NOTES ° '��-
��:.
(Pre-Application Meeting Notes are Valid for Six (6) Months) '�� �� ' ,
PRE-APP.MTG.DATE: Z Jl��
STAFF AT PRE-APP.: t�t �_S►M
- - -- - __- - -- ---- -- - RESIDENTIAL
APPLICANT: _ }-}uSS�'-i s-� Ai u►�^�+ AGENT: U �<<t k�*.�r�I�as��
Phone: ( '3) � �S � �34� �� Phone: (Sc� (�,�� — b8�4�
PROPERTY LOCATION:
ADDRESS/GENERAL LOfATION: l(�(o� C� Sw � 1 sT Avc
TAX MAP(S)/LOT #(S): 1 5 �3 �, �l� (� 3 7 �v
NECESSARY APPLICATIONS: l�-t LP - �t n�,- L�� P��� ��,,,
PROPOSAL DESCRIPTION: � v-Ld� �- l�t in{-z: � . !��� � � nt.st-�KC, ��+.�s�
_�a_.�_���l� �->,n� n��.� i���tst
COMPREHENSIVE PLAN
MAP DESIGNATION: ,,, . - d�tns;�-�-i �'"P S< <��'h-}-�'u I
ZONING MAP DESIGNATION: (� - �-} . S
lONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. SI C� ]
MINIMUM LOT SIZE: 7 _Sc�c%sq. ft. Average Min. lot width: .�c� ft. Max. building height:__ s c:: ft.
Set6acks: Front_� J ft. Side S ft. Rear_�ft. �Corner 1.� ft. from street.
MAXIMUM SITE COVERAGE: U % Minimum landscaped or natural vegetation area: � %.
GARAGES: (i ft.
❑ NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Handout]
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 finro
(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. Meetinq is to be held prior to
submitting 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
Residentlal ApplicaGon/Planning Division Section
,
� NARRATIVE [Refer to Code Chapter 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approvai 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 larg e, 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.
,�f ACCESS (Refer to Chapters 18.705 and 18.7651
Minimum number of accesses: 1 Minimum access width: ls ��"
Minimum pavement width: 1� -�fi
❑ 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 18.1151-SEE E1IAMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s)from the gross site area:
All sensitive lands areas includinq:
➢ Land within the 100-year floodplain;
➢ Slopes exceeding 25%;
➢ Drainageways; and
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts.
Public riqht-of-way dedication:
➢ Single-family allocate 20% of gross acres for public facilities; or
➢ Multi-family allocate 15% of gross acres for public facilities; or
➢ If available, the actual public facility square footage can be used for deduction.
EI(AMPLE 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-Famil Multi-Family
sq. . 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
- 3.050 L inimum lot areal - 0 minimum I t r
= 11A Units Per Acre = 1 .1 Units Per Acre
�The Ue�elopmem Code requlres that the net site area exist for the next whole dwelling unit NO ROUNDING UP IS PERMITTED.
�Minimum Prolect oenslry ls 80X ot the maximum allowed density.TO�ETERMINE TNIS STANDARD, MULTIPLY TNE MAXIMUM NUMBER OF UNITS BY.8.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
Residential Applica6onlPlanning Divisioa Section
r
❑ SPECIAL SETBACKS [Refer to 6__�Sec�on 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 sVuctures'setback requiremenis.l
❑ fLAG LOT BUILDING NEIGHT PROYISIONS [Refer to Code Chapter 18.1301
MAXIMUM HEIGHT OF 1%z STORIES or 25 feet, whichever is less in most zones; 2%2 stories, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
� BUFFERING AND SCREENING [Refer to Code Chapter 18.7451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially befinreen different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
horizontal plantings. Site obscuring screens or fences may also be required; these are often
advisable even if not required by the Code. The required buffer areas may only be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS applicable to vour proposal area is:
Buffer Level U along north boundary. Buffer Level � along east boundary.
Buffer Level l> along north boundary. Buffer Level U along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: � °� re�kv�re �
�LANDSCAPING [Refer to Code Chapters 18.745,18.765 and 18.705I
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. Pride Disposal can be reached at (503) 625-6177.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9
Residentlal ApplicafionlPlanning Division Section
r
� PARKING (Refer to Code Chap1�... 18.165 a 18.7051
ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
➢ ingle-family.. ......... Requires: One 1 off-street parking space per dwelling unit; and
One �1� space per unit less than 500 square feet.
➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parking stalls shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches.
➢ Handicapped parking: All parking areas shall provide 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.
❑ SENSITIVE LANDS [Refer to Code Chapter 18.T151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibilitv to precisely
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.T15.070.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 Application/P�anning Division Section
.,tBLE 3.1 VEGETATED CORRIDOR WIOTHS
SOURCE: CWS DESIGN ANU CONSTRUCTION STANOARDS MANUAL/RESOLUTION�ORDER 96-44
SENSITIVE AREA DEFINITION SLOPE ADJACENT� WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
♦ Streams with intermittent flow draining: �25�
� 10 to <50 acres 15 feet
1 >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 inte�mittent 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 6e in a marginal or degraded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine.
Restrictions in the Vegetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for in fhe
USA Design and Construction Standards.
Location of Veqetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tr nd shall not be a part of any parcel to be used for the construction of a dwelling unit.
CW ice P
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Service Provider Letter is not required.
❑ SIGNS [Refer to Code Chapter 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
�TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Section 18.190.030.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 ApplicaUonlPlanning Division Sectlon
' TNE TREE PLAN SHALL ,LUDE the following:
➢ Identification of the location, size, species, and condition of all existing trees greater than 6-
inch caliper.
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
� MITIGATION [Refer to Code Section 18.790.060.E1
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1} or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
�CLEAR VISION AREA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9
Residential Applica6on/Planning Division SecGon
�( FUTURE STREET PLAN AND El(TEN._.N OF STREETS (Refer to Code Section 10.��0.030.fJ
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the 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.
�ots created as part of a partition must have a minimum of 15 feet of fronta e 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'/z times the minimum lot size of the applicable zoning district.
�BLOCKS [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
_ 18.330(Conditional Use) �S.62O(Tigard Triangle Design Standards) _ 'I B.76O(Nonconforming Situations)
_ 18.340(DirecWr's Interpretation) 18.630(Washington Square Regional Center) � �H.765(Off-SUeet ParkinglLoading Requirements)
_ 'I$.350(Planned Development) 1 H.64O(Durham Quarry Design Standards) _ 18.775(Sensitive�ands Review)
_ 18.360(Site Development Review) �,,� � 'I H.7O5(AccesslEgress/Circulation) _ �H.�HO(Signs)
� 18.370(VarianceslAdjustments)E a E M<<``(��� �H.��O(Accessory Residential Units) _ �H.785(Temporary Use Permits)
_ 'I 8.380(Zoning MaplText Amendments) �� �H.715(Density Computations) � �S.7JO(Tree Removal)
_ 18.385(Misce��aneous Permits) � 'I B.�ZO(Desgn Compa6bility Standards) � �$.795(Visual Clearance Areas)
�. ')S.39O(Decision Making Proceduresllmpact Study) 18.725(Environmental Performance Standarcls) _ 18.798(Wireless Communication Facilities)
_ �$.4�O(Lot Line Adjustrnents) 'I8.T3O(Exceptions To Development Standards) X �$.$1 O(Street 8 Utility Improvement Standards)
� �S.42O(Land Partitions) �$.740(Historic Oveday)
_ 18.430(Subdivisions) �8.742(Home Occupation Permits)
� 'I$.5�O(ResidenGal Zoning Districts) � �$.745(Landscaping&Screening Standards)
_ �H.SZO(Commercial Zoning Districts) �8.750(Manufactured/Mobil Home Regula6ons)
_ 18.530(Industrial Zoning DisUicts) 18.755(Mixed Solid WastelRecycling Storage)
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9
Residential ApplicationlPlanning Division Section
,
ADDITIONAL CONCERNS OR COMMENI�.
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PROCEDURE
�C 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 b mail or dro ed off at the counter without Plannin Division acce tance ma be
returne . e anninq counter c oses at :
Ma s submitted with an a lication shall be folded IN ADVANCE to 8'/i' x 11". One 8'/z" x 11"
ma o a ro osed ro'ect sha I also e submitte or attachment to t e sta re ort or
administrative decision. Applications with un olde maps shal not be accepte .
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
ResidenGal Application/Planning Division Section
. .
� 7�he administrative decisio, . public hearing will typically occur a�,, �ximately 45 to 60 days after an
application is accepted as being complete by the Planning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing. A 10-day public appeal period .follows all land use decisions. An appeal on this matter
would be heard by the Tigard � �c�.rir,e;� c;>F� cc��-- . A basic flow chart
which illustrates the review process is available fr- 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 Surueyo�°s Office: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are required to complete and file a subdivision plat naming request with the Washington
County Surveyor's Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
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 Citv's policv is to apply those system
development credits to the first building permit issued in the development (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an notes cannot cover a o e requirements an aspects re ate to
site planning that should ap ply to the develo p.ment of your site plan. Failure of the staff to provide
information required b�r the Gode shall not cons�ltute a waiver of the applicable standards or requirements.
It is recommended that a prospectiye applicant either obtain and read the Community Development Code or
ask any questions of City staff relative to Code requirements prior to submittin an application.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
PREPARED BY: �✓h t I �
CITY OF TIGARD P NNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING
PHONE: 503-639-4111 FAX: 503-684-7291 DIRECT: 503-118- ��1 ► -.
EMAIL: irVl�� @tigard-or.gov
TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: INWW.tigard-01'.90V
H:Ipattylmasters\Pre-App Notes Residential.doc Updated: 12-Feb-07
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residential Application/Planning Division Secfion
CZty Of 7'ZgCIYC�, Oregon 13125 SW Hall Blvd. • Tiga, , OR 97223
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September 4, 20U9 `
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Hussein Ajami
I.ida Ajami
6028 N. Montana Avenue
Portland, OR 97217
RE: Ajami Minor Land Partition (MLP2007-00015)
Land Use Approval—Extension
Dear Mr. & Mrs. Ajami:
In your letter of September 2, 2009, you xequested a one-year extension of the approval for
MLP2007-00015 and have paid the $266 applicarion fee.
The effective approval date for MLP2007-00015 was on March 15, 2008 and is valid for an eighteen
(18) month period through September 15, 2009. The requested extension would be for one-year, or
until September 15, 2010. Pursuant to Tigard Development Code (TDC), Section 18.430.030.D:
The Director shall, upon written request by the applicant and payment of the required fee,
grant an extension of the approval period not to exceed one year;provided that:
1. No changes are made on the original plan as approved by the Director;
The applicant states that no changes have been made to the plans that were approved for MP2007-
00015. Therefore, the request is consistent with this criterion.
2. The applicant can show intent of recording the approved partition or lot line
adjustment within the one-year extension period; and
The applicant has given written intent to record the plat within the one-year extension period. Tlus
criterion is satisfied.
3. There have been no changes to the applicable Comprehensive Plan policies and
ordinance provisions on which the approval was based.
As noted in the Type II decision, the approval was based upon the following Community
Development Code Chapters: 18.370 (Variances and Adjustments); 18.390 (Decision Making
Procedures); 18.420 (Land Partition); 18.510 (Residential Zoning Districts); 18.705 (Access, Egress
and Circulation); 18.715 (Density Computation); 18.745 (Landscaping and Screenin�; 18.765 (Off-
Street Parking); 18.780 (Signs); 18.790 (Tree Removal); 18.795 (Visual Clearance l�reas); and 18.810
(Street and Utiliry Improvement Standards).
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
The applicant states "there axe no changes to the applicable Comprehensive Plan and policies
ordinance provisions on which the approval was based." Staff reviewed the period since the original
submittal date (August 9, 2007) and found that there uTere no substantive amendments to the
applicable code sections during that period. Based on this review, staff concurs with the applicant
and finds that no substantive, applicable changes have occurred to the Tigard Development Code
on which the approval was based. Therefore, the request is consistent with this criterion.
Conclusion:
The applicant has submitted a written request and paid the application fee. The criteria for
extensions have been met as indicated in the fmdings, above. Therefore, the Applicant is granted an
extension for MLP2007-00015 not to exceed one year, or until September 15,2010.
Se�tember 4,,2009
Chervl Ca� s Date
Associate Planner
c: Albert Shields,Permit Coordinator
MI,P2007-00015 Land Use File
Ajami Minor Land Parrition (MLP2007-00015) - Land Use Extensi�n Request Page 2 of 2
September??, 2009
f
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September 2,2009 �-����a � ��
CityofTigard �CP � 2 2��9
Community Development 'y�F������n
13125 SW Hall Blvd. p , .,,. ,,,,,.P,��n��:,,;
Tigard, OR 97223 `
To Whom It May Concern:
My Case# is: MI,P2007-00015 and my Project name is Ajami Partition. I would like to ask to be
approved for an extension for the Partition.
No Changes will be made on the original plan as approved by the Director. I will show intent of
recording the approved partition or lot line adjustment within the one-year extension period,and
There have been no changes in the applicable Comprehensive Plan and ordinance provisions on
witch the approval was based.
I have attached a check in the amount that is owned for Chapter 18.420 section 030 D.
Please let me know if you have any questions or comments at(503)780-5909, my name is Lida
Ajami.
Thank you,
� --,
�---�<� G�--��
%
Lida Ajami
_ .�
CITY OF TIGARD RECEIPT
� 13125 SW Hall Blvd„Tigard OR 97223
503.639.4171
° �
Receipt Number: 175077 - 09/02/2009
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MLP2007-00015 Approval Extension 1003100-43116 $232.00
MLP2007-00015 Approval Extension-LRP 1003100-43117 $34.00
Total: a266.00
PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 1011 STREAT 09/02/2009 $266.00
Payor: Lida Y Ajami
Total Payments: $266.00
Balance Due: $3,866.00
Page 1 of 1
City of Tigard, Qrego� 13125 S�Hall Blvd. • x�l`�OR 97223
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June 28, 2010
Mr. Hussein Ajami
6028 N Montana Ave
Pordand, OR 97217
RE: Subdivision case nuxnber: MLP2007-00015
Mr. Ajami:
On April 27, 2010 the Tigard City Council passed an ordinance to amend the Tigard Community
Development Code (TDC) chapters 18.360 Site Development Review, 18.420 Land Parritions, and
18.430 Subdivisions. The approved amendments were in response to the economic downturn.
Automatic extensions were granted to these three types of land use cases that would expire during a
certain time frame. Our records indicate that you received approval for a Minor Land Parrition
(MLP) that may have been affected by this code amendment (see case number above).
If your approved MLP has a lapsing date between Ju1y 1, 2008 and December 31, 2011, then the
approval is automatically extended through December 31, 2012. The new approval period will lapse
after this date if: 1) the partition has not been recorded or has been improperly recorded with
Washington County without the sausfactory completion of all conditions attached to the approval;
or 2) the final recording is a departure from the approved plan.
No acrion is required on your part for the extension because it is automatic. A copy of this letter
will be placed in the land use file. r'1 copy of the ordinance with adopted language for Land
Partitions is enclosed. If you have any quesrions or concerns regarding the extension or code
amendment, please contact me at (503) 718-2437 or cher�lcnae,tigard-or�ov.
Sincerely,
C�-�-*�- Ca,c�.�
Cheryl Caines
Associate Planner
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
M
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City of Tigard
Thursda�-, October 18, 2012
Hussein :ljami
6028 N. 1��lontana 11�-enuc
Portland, OK 97217
R��,: N(�TICF?OF E1YIK.ITION Or I.AND USI�. r�Pl'K(��':1L.
Project Type: I�linor i,and Partiuon
Project Name: .ljami Partition
Project Number: �fI,P2007-00015
Tax Lot Number: 1�136.�D-3700
Expiration Date: I�ecemher 31, 2f)12
Dear 1�1r. 1�jami:
1'he purpose of this letter is to serve as a courtesy rcinindcr that the Land Usc �lppro�ral
listed above ��ill e�pire at close of business, 1��7onday, December 31, 2012.
In recognition of the effects of the economic downturn, the Tigard Ciry Council passed
De�elopment Codc r�mendment (DC.1) 2010-00001 on .�pril 27, 2010 to eltcnd until
December 31, 2012 the l,and Usc �1ppr��vals for Sitc Dcvelopment Keviews and Minor Land
Partitions that othen�ise would have expired bct�veen July 1, 2008 and Dccembcr 31, 2011.
'1'his is incorporated in '1'igard Municipal Code 18.420.030.D.2 which states that: ".�ppr�val
periods for land partitions lapsin�;betwcen�uly 1, 2008 and December 31, 2011 shall be
automaticall�� extended through Deccmber 31, 2012. No further extensions will be granted."
l�ccording to our records, yrour ori�;inal appro��al for the above project would haee eapired
during that July 1, 2008 — Dccember 31, 2011 period and that approval was, thcrcforc,
extended by DCA201O-00O01 unul December 31, 2012. N�> further extension is a��ailable.
You can secure your Land Use �1p�roval against expirauon if��ou submit a recorded finnl
plat to this office prior to close of business, 1�londay, December 31, 2U12. Please let us
kno�v if you anticipate submitting a recorded plat.
Sincere r, ---
l� ert Shields
Pro�ram Dc��elo}�ment S�ccialist
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov