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CUP2003-00008��- I 20 DAY$ = I/6/2003 cm oF no�Ro DATE Of FILING: I 0/29/2003 Community�DeveCop►nent S6apingA BettesCommunity CITY OF TIGARD 'lNashington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS �FFICER Case Numbers: CONDITIONAL USE PERMIT CUP 2003-00008 Case Name: BINGHAM DUPLEX Name of Owner: Houck Famil Limited Partnershi Name of Applicant: Wa ne Bin ham Address of Applicant: 14320 SW Ba�low Court Beaverton Ore on 97008 Address of Property: On the east side of SW 97 Avenue south of the future Mountain View Lane extension Tax Ma /Lot Nos.: Washin ton Co. Tax Assessor's Ma No. 2S111 BA, Tax Lot 11800. A fINAL ORDER INCORPORATING THE FALTS, FINDINGS AND (ONCLUSIONS APPROVING A REQUEST FOR A fONDITIONAL USE. THE fITY Of TIGARD NEARINGS OFFICER HAS REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REYIEWING AGENCIES, THE PLANNING DIYISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLIUlTION DESCRIBED IN FURTHER DETAII IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBIIC NEARING ON OCTOBER 15. 2003 TO RECEIYE TESTIMONY REGARDING TNIS APPLIfATION. THIS DEfISION NAS BEEN BASED ON THE FAQS, FINOINGS AND (ON�LUSIONS (ONTAINED WITHIN THIS FINAL ORDER. Request: ➢ The applicant requested approval for a duplex on a 10,000 square foot parcel. At the end of the hearing, the Hearings Officer held the record open for one week to allow the City to submit a copy of the applicant's previous partition decision and the final partition plat to confirm the site size. At the close of the record, the Hearings Officer conditionally approved the application subject to the conditions of approval within this final order. Zone: R-4.5: Low-Density Residential District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18,765, 18.790, 18.795 and 18.810. Action: ➢ ❑ Approval as Requested 0 Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: � Owners of Record Within the Required Distance � Affected Government Agencies O Area Citizen Involvement Team O The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON NOVEMBER 4,2003 AND BECOMES EFFECTIVE ON NOVEMBER 20, 2003 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON NOVEMBER 19, 2003. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by Wayne Bingham for a ) F I N A L � R D E R conditional use permit for a duplex on a 10,000-square foot ) lot east of 97th Avenue and south of the future Mtn. View ) CUP 2003-00008 Lane in the R-4.5 zone in the City of Tigard, Oregon ) (Bingham Duplex) A. SLTMMARY 1. The applicant, Wayne Bingham, requests approval of a conditional use permit to construct a duplex. The applicant proposed to construct the duplex on a 10,000-square foot lot created as part of a 3-lot minor partition, MLP2001-00013 (Bingham Partition). The site is east of 97th Avenue and south of the future Mountain View Lane extension(tax lot 1201, WCTM 2S 11 BA (the "site"). The site and surrounding land is zoned R-4.5. The Staff Report dated October 3, 2003 (the "Staff Report")contains a history of City review and development on the site, which the hearings officer incocporates as his own. 2. Tigard Hearings Officer Larry Epstein (the"hearings officer")conducted a duly noticed public hearing to reccive testimony and evidence in the matter. At the hearing, City staff recommended conditional approval of the application. The applicant accepted the recommended conditions without exceptions. Two neighbors testified orally. Other than service providers,no one testified in writing. Disputed issues in this case include: a. Whether the site contains 10,000 square feet; b. Whether azea streets can accommodate increased traffic generated by the proposcd duplex; and c. Whether the proposed duplex will affect the value of surrounding lots, and whether such impacts are relevant to the applicable approval criteria. 3. The hearings officer concludes that the applicant sustained the burden of proof that the proposed duplex does or can with the approval criteria for a conditional use permit based on the findings and conclusions included and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on October 15,2003. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts,bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planning manager Dick Bewersdorff summarized the Staff Report and recommended approval of the application subject to the conditions provided therein. He noted that the applicant recorded a final partition plat creating the site, although a copy of the plat is not in the record. He agreed to introduce to the record a copy of the final plat. If the site is smaller than 10,000 square feet, he recommended that the hearings officer add a condition of approval requiring that the applicant to adjust lot lines as needed so the site contains at least 10,000 square feet. CUP 2003-00008 Hearings O�j'f'icer Final Order (Bingham Duplex) Page 1 3. The applicant, Wayne Bingham, accepted the Staff Report and recommended conditions without exception. He testified that he intends to live next door to the site. He noted that the site is located on the east side of 92nd Avenue,not the west side as listed in the Staff Report. He testified that the site contains 10,000 square feet based on the recorded final plat. The dimensions shown on the site plan provided at the neighborhood meeting are incorrect. He waived his right to submit a final written argument. 4. Aase Otto testified in support of the application. She opined that the proposed duplex is consistenl wilh the residential character of the area. 5. Dave Schooler summarized his written testimony. He argued that the site contains less than 10,000 square feet,based on the dimensions shown on the site plan that the applicant provided at the neighborhood meeting. He azgued that the additional traffic generated by the proposed duplex will have a significant impact on Mountain View Lane. He opined that the proposed duplex is inconsistent with the existing neighborhood. 6. At the end of the hearing,the hearings officer held the record open for one week to allow the City to submit a copy of the partition decision and the final partition plat. The record in this case closed at 5:00 p.m.,October 22,2003. C. DISCUSSION 1. The Staff Report identifies the applicable approval standards for the application and applies them to the record in the case. The hearings officer agrees that the standards identified in the Staff Report are all of the applicable standards and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the proposed use dces or can comply with the applicable approval criteria for a CUP,and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent,reduce or mitigate potential adverse impacts of the development consistent with the requirements of the Tigard Development Code(the"TDC"). The hearings officer adopts the findings in the Staff Report as his own,except to the extent inconsistent with the findings and conclusions in this final order. 2. The principal dispute in this case is whether the site contains at least 10,000 square feet, which is the minimum lot size for a duplex.TDC 18330.OSO.B.14.a. The recorded partition plat,Partition Plat No. 2003-048, states that the site(Parcel2)contains 10,000 square feet. However, based on the dimensions shown in the recorded partition plat, the site contains 9,999.86 square feet.l The question presented by these facts is whether to � round-up the site size to 10,000 square feet or to require the applicant to file a lot line adjustment to add 0.14 square feet to the site. The TDC does not say whether fractional dimensions should be rounded up or down. a. The applicant could record a lot line adjustment to increase the size of the site to 10,000 square feet by increasing the site's north-south dimension by 0.06 inches. b. But the hearings officer finds that requiring a lot line adjustment for such a minute change is unreasonable. The hearings of�cer finds that it is reasonable to round the dimensions to the nearest whole number,because there is no perceptible difference between a lot containing 9999.86 square feet and a lot containing 10,000.00 square feet. � Based on the recorded partition plat,the site appears to be a rectangle that is 139.78 feet east-west by 71.54 feet north-south. 139.78 x 71.54=9,999.86 square feet. CUP 2003-00008 Hearings O�cer Final Order (Bingham Duplex) paSe 2 3. Mr. Schooler expressed concern that the additional traffic generated by the proposed duplex will have a significant impact on livability of existing homes. The issue of traffic impacts is relevant to TDC 18.330.030.A.3. That is,the issue is whether public facilities (i.e., streets)have adequate capacity to serve the proposal. The hearings officer finds that the proposed duplex will generate only a minor increase in traffic volumes in the area. Based on the Institute of Traffic Engineers ("ITE")Trip Generation Manual, a single family dwelling generates an average of 10 vehicle trips per day,and a duplex(i.e.,a two- unit dwelling)creates about 20 vehicle trips per day. Mountain View Lane currently serves 7 or 8 parcels, based on Mr. Schooler's testimony and the maps in the record. With the two new dwellings created by the duplex,this street will cacry fewer than 100 vehicle trips per day and about 10 peak hour trips. This additional traffic may be perceptible to area residents,but it will not exceed the capacity of streets or create a hazard. There is no substantial evidence to the contrary. 4. Property value and popular support(or opposition)are not relevant considerations, based on the plain meaning of the words in TDC 18.330.030 and 18.330.OSO.B.14, which contain the approval criteria for this CUP.2 Moreover there is no substantial evidence in the record that the proposed duplex may or will affect property value. D. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burdcn of proof that the proposed duplex does or will comply with the applicable criteria of the Community Development Code,provided development that occurs after this decision complies with applicable local,state,and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. E. DECISION In rccognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter,the hearings officer hereby approves CUP 2003-00008(Bingham Duplex), subject to the conditions of approval in the Staff Report. Z TDC 18.330.030 provides as follows: The Hearings Officer shall approve,approve with conditions,or deny an application for a conditionat use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate azea for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size,shape, location,topography,and naturat features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050;and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780,Signs,and Chapter 18.360,Site Development Review, if applicable,aze met. TDC 18.330.OSO.B.14 contains the following additional standards for duplexes: a. The minimum lot size shall be 10,000 square feet;and b. The remaining dimensional requirements of the underlying zoning district shall apply. CUP 2003-00008 Hearings Officer Final Order (Bingham Duplex) page 3 DATED this 29th day of tober, 2003. Lacry Epste' , s . AI P Cily of Ti ard d Use Hearings Officer CUP 2003-00008 Hearings Ofj''icer Fina!Order (Bingham Duplex) Page 4 Agenda Item: 2.1 Hearing Date: October 15 2003 Time: 7:00 PM STAFF REPORT TO THE -�. HEARINGS 4FFICER CITYOFTIGARD Community tieveCopmeut FOR THE CITY OF TIGARD, OREGON .5��a�tt��'ommuuity 120 DAYS = 1/6/2004 SECTION I. APPLICATION SUMMARY FILE NAME: BINGHAM DUPLEX CASE NO: Conditional Use Permit(CUP) CUP2003-00008 APPLICANT�S): Wayne Bingham 14320 SW Bariow Court Beaverton, OR 97008 OWNER(S): Houck Family Limited Pa�tnership PO Box 4114 Salem, OR 97302 PROPOSAL: The applicant is seeking approval to build a duplex on a 10,000 square foot parcel that was created as part of a 3-lot minor land partition in December of 2001. The partition was known as the Bingham Partition (MLP2001-00013). LOCATION: The project is located on the West side of SW 97�' Avenue, and South of the future Mountain View Lane extension. WCTM 2S111 BA, tax lot 1201. COMPREHENSIVE PLAN AND ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Telecommunication facilities are conditionally permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790 and 18.795. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit, will not adversely affect the health, safety and welfare of the City and meets the Approval Standards of the Tigard Development Code. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval. BINGHAM DUPLEX PAGE 1 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE ANDIOR BUILDING PERMITS: u m�t to t e anning epartment Bra i y, 63 7 , ext. 2 or review an approval: 1. Prior to the issuance of any building pe�mits for the duplex, the appficant shail complete all improvements that were required by MLP2001-00013. FAILURE TO SATISFY THE CONDITION OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION V�ID. SECTION III. BACKGROUND INFORMATION Vicinit Information: e property �s currently vacant. It is surrounded by single-family homes and some larger lots that are currently underdeveloped_ Pro ert Histo : inor an artition was ap roved for the property in December of 2001 (MLP2001- 00013). This is parcel 2 of tha�partition. The applicant indicated in the narrative of that partition that they would seek conditional use approval to construct a duplex on this lot. Site Information and Pro osal Descri tion: e site is ocate a ong ountain iew Lane. The site is relatively flat and vacant. The applicant is proposing to build a duplex on the lot. SECTION IV. DECISION MAKING PROCEDURES. PERMITS AND USE Use Classification: Section 18.130.020 �s s e se a egories. The applicant is proposin to build a duplex on the lot. Duplexes are permitted conditionally within the R-4.5 zoning dis�rict. Summa Land Use Permits: Chapter 18.310 e ines e ec�sion-ma ing type to which the land-use application is assigned. The proposed use is a Conditional Use permit which is a Type III-HO decision. The �eview is handled by a Type III-HO process and heard by the Tigard Heanngs Officer. SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary o the applicable critena m this case in the hapter order in which they are addressed in this report are as follows: A. 18.330 S ecific Conditional Use Criteria enera pprova ri ena Additional Conditions of Approval) BINGHAM DUPLEX PAGE 2 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER B. A licable Develo ment Code Standards esi en ia oning is nc s 18.705 Access, Egress & Circulation) 18.715 Density Computations) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening� 18.765 Off-Street Parking and Loadmg Requirements) 18.780 Signs) 18.790 Tree Removal) 18.795 Visual Clearance) C. Street and Utilit Im rovement Standards 18.810 D. m ac u SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be Permitted, enlarged or altered if the site is appropriate and if other appropriate cond�tions of approval can be met. There are cerfain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained �n Section 18.330.030A and subject to other requirements in Chapter 18.330. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030 e si e size an imensions prov� e a equa e area or e nee s o e propose use; The parcel is 10,000 square-feet in size. 7,500 square feet is the minimum lot size that is required for a duplex in the R4.5 zoning classification. This report evaluates the proposal and necessary setbacks, landscaping, etc., and as demonstrated in the application and tF�is report, the site size is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; There are no specific limitations to the site with regard to the shape, location, topography or natural features that would hinder the development of the site with the proposed use. The site is suitable for the proposed development. All required public facilities have adequate capacity to serve the proposal; and All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site when the improvements that were required of the Minor Land Partition are completed. The final plat has been recorded for the minor land partition, and the financial surety has been posted for the improvements, but at this time none of the improvements have been completed. The applicable requirements of the zoning district are met except as modified by this chapter. The proposed site is located within the R-4.5 zoning district. As indicated earlier, duplexes are permitted conditionally. As discussed further in this report, the applicant has met or exceeded the requirements for the zoning district. BINGHAM DUPLEX PAGE 3 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO TFiE HEARINGS OFFICER The supplementary requirements set forth in other cha ters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.3�0, Site Development Review, if applicable, are met or can be conditioned to be satisfied. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.390 Decision Makmg Procedures; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.715 Density Computations; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.765, Off-Street Parking; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this report. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the anafysis above, the General Approval Criteria for a Conditional Use are satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE. ec ion . . s a es a e earings u ori y may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; Since this is an application for a duplex within a residentiatly zoned district, there is no evidence in the record to suggest that limitations on the manner of operation, hours, or days are warranted. Location of tFie structure is dictated by the dimensional standards of the underlying zone. This criterion is satisfied. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor andlor dust; The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust that would be considered out of character for any other residentially zoned property. This criterion is satisfied. Requiring additional setback areas, lot area, andlor lot depth or width; The lot is large enough to accommodate the proposed building that is to be constructed. The proposed use will exceed the side yard setbacks of the underlying zone, and will meet the front and rear yard setbacks as required by this chapter: Dimensional cnterion is discussed in more detail further in this report. This criterion is satisfied. Limiting the building height, size or lot coverage, and/or location on the site; According to the site plan, the impervious surface will cover roughly 64% of the site. There is no maximum lot coverage requirement in R-4.5 zoning classification. The applicant also states that the building will not exceed 24 feet in height. The maximum allowed height in the R-4.5 zoning classification is 30 feet. Location on the site has already been discussed. This criterion is satisfied. Designating the size, number, location and/or design of vehicle access points; BINGHAM DUPLEX PAGE 4 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant is proposing to access off of SW Mountain View Lane, which the applicant was required to construct with the partition: There are two proposed accesses from the street to serve the development. Each access is proposed to be 20 feet wide. The development code requires a minimum of one, 15-foot access. Access is discussed in more detail later in this report. The criterion can be satisfied. Requiring street right-of-way to be dedicated and street(s) to be improved; The site has frontage on SW Mountain View Lane. The applicant was required to construct the improvement as a condition of approval for the Minor Land Partition. There is no further need for additional right-of-way, or street improvements. This criterion is satisfied. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; These items are addressed later in this report. As conditioned, the proposa! will meet the prescribed requirements of the Tigard Development Code (TDC). Limiting the number, size, location, height and/or lighting of signs; The applicant is not proposing any signs. Any subsequent need for signage will require that the applicant obtain a sign permit prior to placement. This criterion is not applicable. Limiting or setting standards for the location and/or intensity of outdoor lighting; The site plan indicates no additional lighting other than those required as part of the street improvements. There is no evidence in the record to suggest that the lightin� for this building would be any different from the lighting that is used by the surrounding residences. If there are complaints filed with regard to lighting of the site, an investigation will be initiated by the Tigard Code Enforcement Officer, and citations will be issued where warranted. Rec�uiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; The applicant has satisfied all of the dimensional requirements of the underlying zoning district and exceeds the side yard setback on both sides of the duplex. The applicant has also indicated that the landscaping would include street trees, existing trees, and lawn. Since the property is residentially zoned, and the property is being developed with a residential use, no additional landscaping is required. Requiring and designating the size, height, location and/or materials for fences; The applicant has not proposed any fencing for the project. There is no requirement for fences or screening for this use. This critenon is not applicable Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; There are no trees, watercourses, habitat areas, or drainage areas associated with this site. Soil and vegetation protection will be required as part of standard construction/erosion control methods. This criter'ion is satisfied. Requiring the dedication of sufficient open land area for a greenway adjoining_and within the floodplain when land form alterations and development are allowed w�thin the 100-year floodplain; and The property is not adjacent to the floodplain. This criterion is not applicable. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. BINGHAM DUPLEX PAGE 5 OF 12 t0/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The property is not adjacent to the 100-year floodplain. This criterion is not applicable. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION eT�adai�onal development standards are specific criteria that must be considered at the time of application for a conditional use. The criteria states that there shall be a 10,000 square foot minimum lot size re9uired for duplexes, and that the dimensional standards of the underlying zoning district must be satisfied. The subject site is a 10,000 square foot lot, and the applicanYs proposal has satisfied all of the dimensional standards of the R-4.5 zone. This cnterion is satisfied. B. APPLICABLE DEVELOPMENT CODE STANDARDS RESIDENTIAL ZONING DISTRICTS (18.510) T e . zoning c7isfric i�c�igne o accommodate detached single-family homes with or without accessor� 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. Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2 below: The subject site and the surrounding properties are all designated R-4.5 Low-Density Residential. EXCERPT FROM TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES �:STANDARD - `.R�4:5 PROPOSED , Minimum Lot Size - Detached unit 7,500 sq.ft. N/A - Duplexes 10,000 sq.ft. 10,000 sq. ft. -Attached unit 1 Average Minimum Lot Width - Detached unit lots 50 ft. N/A - Duplex lots 90 ft. 139.78 ft. -Attached unit lots Maximum Lot Covera e 2 - - Minimum Setbacks - Front yard 20 ft. 20 ft. -Side facing street on 15 ft. N/A corner&through lots -Side yard 5 ft. 28 ft. each side - Rear yard 15 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district N/A - Distance between property line and front of a�a e 20 ft. 20 ft. Maximum Hei ht 30 ft. 24 ft. Minimum Landsca e Re uirement - - [1] Single-family attached residential units permitted at one dwelling per Iot with no more than five attached units in one grouping. [2] Lot coverage includes all buildings and impervious surfaces. FINDING: As proposed, the project meets or exceeds all of the required dimensional standa�ds of the R4.5 zoning classification. BIIVGHAM DUPLEX PAGE 6 OF 12 10/15/03 PUBUC HEARING STAFF REPORT TO THE HEARINGS OFFICER ACCESS, EGRESS AND CIRCULATION (18.705) Section 18.705.030.H.2 states that driveways shafl 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 inftuence 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 poss�ble. The nearest collector to this project is SW McDonald Street. Therefore, this criterion is not applicable to this project. 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 s�acing 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 Mountain View Lane is classified as a local street and, therefore, the driveway spacing does not apply. Public street access. All vehicular access and egress as required in Sections an . 05.0301 shall connect directlx 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. The duplex will have access onto SW Mountain View Lane. Mountain View Lane is a public street. This standard is met. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Minimum access requirements for residential use. 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 circular, paved surFace having a minimum turn radius measured from center point to outside edge of 35 feet; 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;. The rnaximum cross slope of a required turnaround is 5%. There are no access drives in excess of 150 feet. The access is directly off of SW Mountain View Lane and each garage is no more than 20 feet from the right-of-way. This criterion is satisfied. 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 �n situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; There are no driveways associated with this project that are greater than 200 feet in length. This criterion is satisfied. BINGHAM DUPLEX PAGE 7 OF 12 10/15l03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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. There is no access onto either a collector or an arterial for this development. This criterion is not applicable. DENSITY COMPUTATIONS: CHAPTER (18.715} 18.715.020 Density Calculation The applicant previously addressed the density calculations with the Minor Land Partition. At the time the parent parcel was developed, fhe density of this duplex was considered to ensure that the maximum density of the overall site was not exceeded. The maximum number of units that were available to the parent parcel was seven, and the minimum available to the parcel was five. With approval of the duplex, the applicant will have attained the minimum density of five units on the parent parcel. The standards of Chapter 18.715 have been previously satisfied. ENVIRONMENTAL PERFORMANCE STANDARDS — CHAPTER {18.725) �equires �fFaf�e era an s a e environmen a aws, ru es an regu ations be applied to development within the Cit� of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a rope line. Department of Environmental Quality (DEQ) rules for visible emissions (3�0-21-0�5 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district, which is d�scernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or weldin�, which is visible at the lot line shall be permitted, and; 1} there shall be no emiss�on or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to si�ns or floodliyhts in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations, odors, glare and heat, or insects and rodents would result from this specific development. BINGHAM DUPLEX PAGE 8 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FINDING: Based on the information provided by the applicant, the use of the proPerty will conform to the above requirements. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, possible fines, and revocation of the Conditional Use Permit. A search of City records does not indicate any code enforcement issues associated with the existing use. LANDSCAPING AND SCREENING CHAPTER (18.745) ree rees: ec ion $ . s a es a a evelopment pro ects fronting on a public street shall be required to plant street trees �n accor�ance with Section 18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The applicant has already provided a street tree plan as part of the design for the half-street im�rovements along SW Mountain View Lane. That design has been previously appraved. This criterion is satisfied. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed duplex is in a residential zone and is adjacent to residential uses on all sides. Therefore, there is no buffer requirement for this project. This criterion is satisfied. OFF-STREET PARKING AND LOADING (18.7651 Tfi s L`fiap�is ap ica e or eve opmen�rojects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The proposed project will create 2 new dwelling units. The TDC requires that attached single units provide one off-street parking space per unit. In this instance, the applicant is required to provide two spaces. The applicant has proposed a two car garage for each unit, and two parking spaces within the driveway for each side of the duplex. This critenon is satisfied. TREE REMOVAL— CHAPTER 18.790: Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees 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. There are no trees on this parcel. The applicant was conditioned to place street trees on the site as part of the street improvements to SW Mountain View Lane. The criterion of this chapter is not applicable. VISUAL CLEARANCE AREAS — CHAPTER 18.795: Visual Clearance Requirements: Section 18.795.030 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. BINGHAM DUPLEX PAGE 9 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Additional topoqraphical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. Non-arterial streets. Non-arterial streets 24 feet or more in width. At all intersections of two 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. FIGURE 18.795.1 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS hkPZe�' S%�r;da,�'e. . � ' - 'J��{'c� �cGCh�i ' ,��Y � , • ., :-�. s�' / ��; ; �►,- - � . . 30� . _s ' _�Tr�L sl0' /sfpr _`� �r �' -- �re�� y �{r�t The applicant has identified visual clearance areas on the plans and staff has visited the site. There are no obstructions to the visual clearance areas. Any vio(ations of the vision clearance triangle will be handled by code enforcement proceedings. This criterion is satisfied. STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810: Although this chapter was listed as an applicable chapter, the criterion of this chapter have been satisfied b�r completion of the improvements required by the Minor Land Partition that was completed m December of 2001 (MLP2001-00013). As indicated earlier in this report, all public facilities including streets, s�orm and sanitary sewers, and water have adequate capacity to serve the site when the improvements that were required of the Minor Land Partition are completed. BINGHAM DUPLEX PAGE 10 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FINDING: The finai plat has been recorded for the minor land partition, and the financial surety has been posted for the improvements, but at this time none of the improvements have been completed. In order to have adequate facilities and services, the required improvements must be completed. CONDITION: Prior to the issuance of any building permits for the duplex, the applicant shall complete all improvements that were required by MLP2001-00013. D. IMPACT STUDY: ec ion . . . . .e states that the applicant shall provide an impact study to quantify the effect of development on pub(ic facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the �mpact 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 propertX interests, the applicant sfiall either s�ecifically concur with a requirement for public r�ght-of-way dedication, or provide evidence thaf supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are capable of serving the site. The applicant has proposed to make the necessary improvements. Based on the condition of approval and findings of fact within this report, there are no unmitigated impacts as a result of this development to any public systems. SECTION VII. �THER STAFF COMMENTS The City of Tigard Building Division has reviewed this application and offered no comments. The City of Tigard Engineering Department was sent this proposal and stated that all of their concerns were previously addressed with the minor land partition of this property. City of Tigard Property Manager has reviewed this application but offered no comments. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this application and offered the following comments: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: ccess roa s s a e wit in eet o a portions o t e exterior wa o t e irst story o t e building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) The proposed fire apparatus turn around is approved. No parking signs shall be provided in the turn around. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roa s s a ave an uno structe wi t o not ess t an eet eet for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) Where fire apparatus roadways are less than 28 feet wide, "NO PAI�KING" signs shall be installed on both sides of the roadway and in tumarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less BINGHAM DUPLEX PAGE 11 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARtNGS OFFICER than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. (UFC Sec. 902.2.4) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less t an eet an feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) GRADE: Private fire apparatus access roadway grades shall not exceed an averageg rade o��percent with a maximum grade of 15 ercent for lengths of no more than 200 feet. Intersections and turnarounds shall be level �maximum 5%) with the exception of crowning for water run-off. Public streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS: Fire hydrants.for smg e ami y we ings, up exes an su - ivisions, s a e p ace at each intersection. Intermediate fire hydrants are required if any po�tion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the sfructure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more an eet rom an approve ire apparatus access roadway. (UFC Sec. 903.4.2.4) REFLECTIVE HYDRANT MARKERS: Fire hydrant_locations shall be identified by the insta ation o re ective mar ers. e markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow or sing e ami y we ings an up exes s a e , ga ons per minute. If the structure(s) is(are) 3,600 square feet or lar er, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1. �JFC Appendix III-A, Sec. 5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved ire apparatus access roa ways an ire ig ting water supp ies s a e installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) Please contact Eric McMullen at (503) 612-7010 with any additional questions. Clean Water Services was given the opportunity to review this proposal and submitted no comments or objections. /r-�l �� 10/3/03 PREPARED BY: Brad Kilby DATE Associate Planner 10/3/03 APPROVED BY: Richard B rsdorff DATE Planning anager BINGHAM DUPLEX PAGE 12 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER �VIEW CT � � • � OEOOa�Pri� iNiOAM�tiON 3YSTEM YICINITY MA� MCDONALD T CUPZ003-OOOOS Q BINGHAM DUPLEX _ � � � � JANZEfV ROSE ST as T v a � E T EIROSE CT � � _ = Q � ^ �o� a, W MOUNT V��N L '�f :�`�'�E � N ��. ;:. ,,�,;. �...-`�� _ ;:. — .eaaY.-� . W �� -�� .�� - ;. ; _ �_. �f,.:�_�:._�,�. .. - > : ^ . .� �,��. �i �.. VIEW TERR � A�._�.11"R/TYtQ;�,, ^ ��& �+ . 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R1 W, W.l`I., �s rn sh'w.�r,urs rw�rsrr o.is.a�mw�a (�)rFn.ueaEC waa couHTV ao�os ":�a�s sr n'ar p7Y OF TIGARD, WASHINGTON COUNIY, OREC,ON � �o r..r�o�a oas�n.(�n)re�ruwvsc,m�a OO FO S/1'R M/AC M9O�1NQR ATlOOA1E3 WG' OpMT1 ROM MQ tYlY ��-wzn: an ov ncNm c�No. �rsom-aoma OOwI S.(IIF1D)PEA J1afE Pu2 g7 Yv11M1DIT �i w�r,�cc ooc w 7oao-oawu FIE1D SURVErFD NO�E]ABFR 14.2001 ooc.rq.n-oasas� `I`y�rr.cr n Q ro ssr rso�[n'�s am'.pEU)rfa.uag rua ��n-�„+ 8 R�L Y N N W O D D 5 ao' 7s' Qa ro�/Y v r�e�C(NQD)v[7�u.Mo.�w.srw t�+w.m rc ooc.xa�e-aa]�.M a R f�! O , �.s ,N LNrE � a� Noh: susrirr saw•r2 �-� J�E �.:3. '� i S �� DOC. N0. 96-022439 °O°�� y�yM� �,.tt�`�a ��U �' � '� S.W. 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JOB N0.13J1 JfC -.� . ,. . - - . � . � , ' ,�, -' a. v PART1T10N PLAT N0. aoo3- oyt� RECORDED AS DOCU�IENT N0. �0031oy401 . • SUR�EYOR'S CERTIFlG7E REPLAT OF A PORTION OF LOT 33, TIGARDVILLE HEIGHTS 4 aww K IEM5011,�]]IIRY 1NAT I NAYE S1M141FD AMD YAIO�Md Pll�fll YM110175 TE lNDS IN THE N.E. 1/4 AND THE N.W. 1/4 �i u�N nc raniASi nnOMic w,'w��n�c wrwrnnisi� OuMlFlt 6 2C�IpN~1E OF SECTION 11, T2S. Rl W, W.AI., l m��°eow�pnM�'r aotsa�ws�a��m�ar ar nano.�w awn. qTY OF 71GARD. WASHINGTON COUNTY, OREGON WASHINGTON COUNTY APPROVALS: ��ww�r nc�ra�r.en�c�gr s/s no�x�oi imo r��xuow r«mc ur Nso�o Oir OF nC/w0 CtiSE N0. 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I DO NE71ED�CE7111i1'7M�i 1M5 711KM.6 A CA►P mt1fED lOI�11NE ff MAL OfICt'� 70 IE!T 11E A/tK1OR 0�TIS/1RTTON/IAT,R1 E A 1MUE NID EIfALT CW'(Oi M d00M1.NO MAT I�T�M�S/�_IICDOm / �� / ON lliE��D11�Oi��.AT L.tSTU�QOQ(� ��`�� //I/fli�"�/��/^ �u�o x[[aom w m[ca+iTr aE.wc KCpOS CONSENT KFIDAMT $HEET 2 OF 2 (//J � 11►MlflllN PIAT WN�IIT MiWNi FROY 1qR70AZ F1FC7110NL I�tlSIMTpI 3151ds.MG. ��. C�J •7MRr oEm eF�7o/utY.w�5!Fd IIECCIIOm AS DOdYFl17 MQy�9�eWia� CdYi7d��q.: 3� SURMEY PItEPARm BY: �, WMGIaM CaMN OEED IIECOIqi C k L LAND SLRVEHNC,WC. pp�7y�r Q� ��i�� 6116 S.W.NIYBUS AVE BEAVERTON.OREGON 9700E GI10NE (503)641-030E JOB N0. 1331 JTC � � � � � � � � � � � � � ��'.' x E 3'.�: ,,`.j . .. ,��, `.. ,,�� ► � � � 1 .�;,,;,,� � 1 , HEARINGS OFFICER �� , . ��;��,�� ,,;�,., .�,i�, � WEDNESDAY— OCTOBER 15, 2003 - 7:00 PM Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Fnday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-684-2772 (TDD - Telecommunica6ons Devices for the Deaf). Upon request, the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments and qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1)week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13725 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 BINGHAM DUPLEX CONDITIONAL USE PERMIT (CUP) 2003-00008 The applicant is seeking approval to build a duplex on a 10,000 square foot parcel that was created as part of a 3-lot minor land partition in December of 2001. The partition was known as the Bingham Partition (MLP2001-00013). LOCATION: On the west side of SW 97�' Avenue, south of the future Mountain View Lane extension; WCTM 2S111BA, Tax Lot 1201. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Telecommunication facilities are conditionally permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790 and 18.795. (Continued) Page 1 of 2 =SUB3ECT:TO�CHANGE=�=="� � ,�.�. 2.2 HALL BOULEVARD CULVERT EXTENSION SENSITIVE LANDS REVIEW (SLR) 2003-00009 The City of Tigard is seeking approval to extend a stormwater outfall into the floodway along Fanno Creek. The outfall would serve to convey treated stormwater from the water quality facility to the waterway. The water quality facility receives the excess runoff created from the Hall Blvd. half-street improvement. LOCATION: 13360 SW Hall Boulevard;WCTM 2S102DA, Tax Lot 600. ZONE: R-12; Medium Density Residential: The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.390, 18.510, 18.775 and 18.790. 3. OTHER BUSINESS 4. ADJOURNMENT �UBJEG�f) CHANGE y�� Page 2 of 2 Agenda Item: 2.1 Hearing Date: October 15 2003 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITYOFTIGARD Community 4Jevelopment FOR THE CITY OF TIGARD, OREGON S(mpingl�BettesCommunity 120 DAYS = 1/6/2004 SECTION I. APPLICATION SUMMARY FILE NAME: BINGHAM DUPLEX CASE NO: Conditional Use Permit (CUP) CUP2003-00008 APPLICANT(S): Wayne Bingham 14320 SW Barlow Court Beaverton, OR 97008 OWNER(S): Houck Family Limited Partnership PO Box 4114 Salem, OR 97302 PROPOSAL: The applicant is seeking approval to build a duplex on a 10,000 square foot parcel that was created as part of a 3-lot minor land partition in December of 2001. The partition was known as the Bingham Partition (MLP2001-00013). LOCATION: The project is located on the West side of SW 97�' Avenue, and South of the future Mountain View Lane extension. WCTM 2S111 BA, tax lot 1201. COMPREHENSIVE PLAN AND ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Telecommunication facilities are conditionally permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Cha pters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790 and 18.795. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit, will not adversely affect the health, safety and welfare of the City and meets the Approval Standards of the Tigard Development Code. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval. BINGHAM DUPLEX PAGE 1 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: u mit to t e anning epartment ra i y, 63 7 , ext. or review an approval: 1. Prior to the issuance of any building permits for the duplex, the applicant shall complete all improvements that were required by MLP2001-00013. FAILURE TO SATISFY THE CONDITION OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. SECTION III. BACKGROUND INFORMATION Vicinit Information: e property is currently vacant. It is surrounded by single-family homes and some larger lots that are currently underdeveloped. Pro ert Histo : inor an artition was approved for the property in December of 2001 (MLP2001- 00013). This is parcel 2 of that partition. The applicant indicated in the narrative of that partition that they would seek conditional use approval to construct a duplex on this lot. Site Information and Pro osal Descri tion: e site is ocate a ong ountain iew Lane. The site is relatively flat and vacant. The applicant is proposing to build a duplex on the lot. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 is s e se a egories. The applicant is proposing to build a duplex on the lot. Duplexes are permitted conditionally within the R-4.5 zoning district. Summa Land Use Permits: Chapter 18.310 e ines e ecision-ma ing type to which the land-use application is assigned. The proposed use is a Conditional Use permit which is a Type III-HO decision. The review is handled by a Type III-HO process and heard by the Tigard Hearings Officer. SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary o the applicable criteria in t is case in the hapter order in which they are addressed in this report are as follows: A. 18.330 S ecific Conditional Use Criteria enera p rova n ena Additional onditions of Approval) BINGHAM DUPLEX PAGE 2 OF 12 10l15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER B. A licable Develo ment Code Standards esi en ia oning is ric s 18.705 Access, Egress & Circulation) 18.715 Density Computations) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening� 18.765 Off-Street Parking and Loading Requirements) 18.780 Signs} 18.790 Tree Removal) 18.795 Visual Clearance) C. Street and Utilit Im rovement Standards 18.810 D. m ac tu SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are cer�ain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained in Section 18.330.030A and sub�ect to other requirements in Chapter 18.330. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030 e si e size an imensions provi e a equa e area or e nee s o e propose use; The parcel is 10,000 square-feet in size. 7,500 square feet is the minimum lot size that is required for a duplex in the R4.5 zoning classification. This report evaluates the proposal and necessary setbacks, landscaping, etc., and as demonstrated in the application and tfiis report, the site size is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; There are no specific limitations to the site with regard to the shape, location, topography or natural features that would hinder the development of the site with the proposed use. The site is suitable for the proposed development. All required public facilities have adequate capacity to serve the proposal; and All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site when the improvements that were required of the Minor Land Partition are completed. The final plat has been recorded for the minor land partition, and the financial surety has been posted for the improvements, but at this time none of the improvements have been completed. The applicable requirements of the zoning district are met except as modified by this chapter. The proposed site is located within the R-4.5 zoning district. As indicated earlier, duplexes are permitted conditionally. As discussed further in this report, the applicant has met or exceeded the requirements for the zoning district. BINGHAM DUPLEX PAGE 3 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The suPplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.390 Decision Making Procedures; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.715 Density Computations; 18.725, Environmental PerFormance Standards; 18.745, Landscaping and Screening; 18.765, Off-Street Parking; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this report. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use are satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE. ec ion . . s a es a e earings u ori y may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses, and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place andlor manner of operation; Since this is an application for a duplex within a residentially zoned district, there is no evidence in the record to suggest that limitations on the manner of operation, hours, or days are warranted. Location of tfie structure is dictated by the dimensional standards of the underlying zone. This criterion is satisfied. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust that would be considered out of character for any other residentially zoned property. This criterion is satisfied. Requiring additional setback areas, lot area, and/or lot depth or width; The lot is large enough to accommodate the proposed building that is to be constructed. The proposed use will exceed the side yard setbacks of the underlying zone, and will meet the front and rear yard setbacks as required by this chapter. Dimensional cnterion is discussed in more detail further in this report. This criterion is satisfied. Limiting the building height, size or lot coverage, and/or location on the site; According to the site plan, the impervious surface will cover roughly 64% of the site. There is no maximum lot coverage requirement in R-4.5 zoning classification. The applicant also states that the building will not exceed 24 feet in height. The maximum allowed height in the R-4.5 zoning classification is 30 feet. Location on the site has already been discussed. This criterion is satisfied. Designating the size, number, location and/or design of vehicle access points; BINGHAM DUPLEX PAGE 4 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant is proposing to access off of SW Mountain View Lane, which the applicant was required to construct with the partition: There are two proposed accesses from the street to serve the development. Each access is proposed to be 20 feet wide. The development code requires a minimum of one, 15-foot access. Access is discussed in more detail later in this report. The criterion can be satisfied. Requiring street right-of-way to be dedicated and street(s) to be improved; The site has frontage on SW Mountain View Lane. The applicant was required to construct the improvement as a condition of approval for the Minor Land Partition. There is no further need for additional right-of-way, or street improvements. This criterion is satisfied. Requiring landscaping, screening, drainage andlor surfacing of parking and loading areas; These items are addressed later in this report. As conditioned, the proposal will meet the prescribed requirements of the Tigard Development Code (TDC). Limiting the number, size, location, height and/or lighting of signs; The applicant is not proposing any signs. Any subsequent need for signage will require that the applicant obtain a sign permit prior to placement. This criterion is not applicable. Limiting or setting standards for the location andlor intensity of outdoor lighting; The site plan indicates no additional lighting other than those required as part of the street improvements. There is no evidence in the record to suggest that the lightin� for this building would be any different from the lighting that is used by the surrounding residences. If there are complaints filed with re ard to lighfing of the site, an investigation will be initiated by the Tigard Code Enforcement �fficer, and citations will be issued where warranted. Rec�uiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; The applicant has satisfied all of the dimensional requirements of the underlying zoning district and exceeds the side yard setback on both sides of the duplex. The applicant has also indicated that the landscaping would include street trees, existing trees, and lawn. Since the property is residentially zoned, and the property is being developed with a residential use, no additional landscaping is required. Requiring and designating the size, height, location and/or materials for fences; The applicant has not proposed any fencing for the project. There is no requirement for fences or screening for this use. This criterion is not applicable Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; There are no trees, watercourses, habitat areas, or drainage areas associated with this site. Soil and vegetation protection will be required as part of standard construction/erosion control methods. This criterion is satisfied. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and The property is not adjacent to the floodplain. This criterion is not applicable. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. BINGHAM DUPLEX PAGE 5 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The property is not adjacent to the 100-year floodplain. This criterion is not applicable. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION eTh�ditional development standards are specific criteria that must be considered at the time of application for a conditional use. The criteria states that there shall be a 10,000 square foot minimum lot size required for duplexes, and that the dimensional standards of the underlying zoning district must be satisfied. The subject site is a 10,000 square foot lot, and the applicant's proposal has satisfied all of the dimensional standards of the R-4.5 zone. This cnterion is satisfied. B. APPLICABLE DEVELOPMENT CODE STANDARDS RESIDENTIAL ZONING DISTRICTS (18.510) T e . zoning c�is�ric�isTign�ec �accommodate detached single-family homes with or without accessor�r residential units at a minimum lot size of T,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2 below: The subject site and the surrounding properties are all designated R-4.5 Low-Density Residential. EXCERPT FROM TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4.5 PROPOSED Minimum Lot Size - Detached unit 7,500 sq.ft. N/A -Duplexes 10,000 sq.ft. 10,000 sq.ft. -Attached unit 1 Average Minimum Lot Width - Detached unit lots 50 ft. N/A - Duplex lots 90 ft. 139.78 ft. -Attached unit lots Maximum Lot Covera e 2 - - Minimum Setbacks - Front yard 20 ft. 20 ft. -Side facing street on 15 ft. N/A corner&through lots -Side yard 5 ft. 28 ft. each side - Rear yard 15 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district N/A - Distance between property line and front of ara e 20 ft. 20 ft. Maximum Hei ht 30 ft. 24 ft. Minimum Landsca e Re uirement - - [1] Single-family attached residential units permitted at one dwelling per lot with no more than five attached units in one grouping. [2] Lot coverage includes all buildings and impervious surfaces. FINDING: As proposed, the project meets or exceeds all of the required dimensional standards of the R4.5 zoning classification. BINGHAM DUPLEX PAGE 6 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER ACCESS, EGRESS AND CIRCULATION (18.705) 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 opt�on for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The nearest collector to this project is SW McDonald Street. Therefore, this criterion is not applicable to this project. 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 s�acing of driveways and streets alon an arterial shall be 600 feet. The minimum spacing of local streets along a local stree�shall be 125 feet. SW Mountain View Lane is classified as a local street and, therefore, the driveway spacing does not apply. Public street access. All vehicular access and egress as required in Sections an . 05.0301 shal) connect directlx 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. The duplex will have access onto SW Mountain View Lane. Mountain View Lane is a public street. This standard is met. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Minimum access requirements for residential use. 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 tf�e following: A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; 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;. The maximum cross slope of a required turnaround is 5%. There are no access drives in excess of 150 feet. The access is directly off of SW Mountain View Lane and each garage is no more than 20 feet from the right-of-way. This criterion is satisfied. 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; There are no driveways associated with this project that are greater than 200 feet in length. This criterion is satisfied. BINGHAM DUPLEX PAGE 7 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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. There is no access onto either a collector or an arterial for this development. This criterion is not applicable. DENSITY COMPUTATIONS: CHAPTER (18.7151 18.715.020 Density Calculation The applicant previously addressed the density calculations with the Minor Land Partition. At the time the parent parcel was developed, the density of this duplex was considered to ensure that the maximum density of the overall site was not exceeded. The maximum number of units that were available to the parent parcel was seven, and the minimum available to the parcel was five. With approval of the duplex, the applicant will have attained the minimum density of five units on the parent parcel. The standards of Chapter 18.715 have been previously satisfied. ENVIRONMENTAL PERFORMANCE STANDARDS — CHAPTER (18.725) �ires a e era an s a e environmen a aws, ruTes an regu ations be applied to development within the Cit� of Tigard. Section 18.725.030 PerFormance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a prope line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-0�5 and 340-28-070) apply. Vibration. No vibration other than that caused by highwa vehicles, trains and aircraft is permitted in any given zoning district, which is discern�le without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or weldin�, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to si�ns or floodli�hts in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations, odors, glare and heat, or insects and rodents would result from this specific development. BINGHAM DUPLEX PAGE S OF 12 10/15/a3 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FINDING: Based on the information provided by the applicant, the use of the proPerty will conform to the above requirements. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, possible fines, and revocation of the Conditional Use Permit. A search of City records does not indicate any code enforcement issues associated with the existing use. LANDSCAPING AND SCREENING CHAPTER (18.745) ree rees: ec ion . . �s�a�that aiiT—development pro ects fronting on a es J public street shall be required to plant street trees in accordance with Section 18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity �small, medium or large). The applicant has already provided a street tree Plan as part of the design for the half-street improvements along SW Mountain View Lane. That design has been previously approved. This criterion is satisfied. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed duplex is in a residential zone and is adjacent to residential uses on all sides. Therefore, there is no buffer requirement for this project. This criterion is satisfied. OFF-STREET PARKING AND LOADING (18.765) Th�sZ► a`��is ap ica6�for eve opmen projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The proposed project will create 2 new dwelling units. The TDC requires that attached single units provide one off-street parking space per unit. In this instance, the applicant is required to provide two spaces. The applicant has proposed a two car garage for each unit, and two parking spaces within the driveway for each side of the duplex. This critenon is satisfied. TREE REMOVAL— CHAPTER 18.790: Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees 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. There are no trees on this parcel. The applicant was conditioned to place street trees on the site as part of the street improvements to SW Mountain View Lane. The criterion of this chapter is not applicable. VISUAL CLEARANCE AREAS — CHAPTER 18.795: Visual Clearance Requirements: Section 18.795.030 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. BINGHAM DUPLEX PAGE 9 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Additional topoqraphical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. Non-arterial streets. Non-arterial streets 24 feet or more in width. At all intersections of two 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 properiy 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. FIGURE 18.795.1 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS - h�te�"r . 1��Ja.�'e- . � � . '��G.�OC �GGG�,+�i � � � ��.Y � . • .� ..� � : �1 / ' . : , ...'h�i � I . � , • ;,� sl�� . C% . _ , _ .. �TY�L . • ho, 30' — �E � � —— ��k w�.y h,�,�.t The applicant has identified visual clearance areas on the plans and staff has visited the site. There are no obstructions to the visual clearance areas. Any violations of the vision clearance triangle will be handled by code enforcement proceedings. This criterion is satisfied. STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810: Although this chapter was listed as an applicable chapter, the criterion of this chapter have been satisfied by completion of the improvements required by the Minor Land Partition that was completed in December of 2001 (MLP2001-00013). As indicated earlier in this report, all public facilities including streets, s�orm and sanitary sewers, and water have adequate capacity to serve the site when the improvements that were required of the Minor Land Partition are completed. BINGHAM DUPLEX PAGE 10 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FINDING: The final plat has been recorded for the minor land partition, and the financial surety has been posted for the improvements, but at this time none of the improvements have been completed. In order to have adequate facilities and services, the required improvements must be completed. CONDITION: Prior to the issuance of any building permits for the duplex, the applicant shall complete all improvements tYiat were required by MLP20a1-00013. D. IMPACT STUDY: ec ion . . . .e 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 standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real propertx interests, the applicant sFiall either s�ecifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are capable of serving the site. The applicant has proposed to make the necessary improvements. Based on the condition of approval and findings of fact within this report, there are no unmitigated impacts as a result of this development to any public systems. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this application and offered no comments. The City of Tigard Engineering Department was sent this proposal and stated that all of their concerns were previously addressed with the minor land partition of this property. City of Tigard Property Manager has reviewed this application but offered no comments. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this application and offered the following comments: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: ccess roa s s a e wit m eet o a portions o t e extenor wa o t e irst story o t e building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) The proposed fire apparatus turn around is approved. No parking signs shall be provided in the turn around. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roa s s a ave an uno structe wi t o not ess t an eet 5 eet for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) Where fire apparatus roadways are less than 28 feet wide, "NO PA�ZKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less BINGHAM DUPLEX PAGE 11 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. (UFC Sec. 902.2.4) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less t an eet an feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) GRADE: Private fire apparatus access roadway grades shall not exceed an averageg rade ��percent with a maximum grade of 15 ercent for lengths of no more than 200 feet. Intersections and turnarounds shall be level �maximum 5%) with the exception of crowning for water run-off. Public streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS: Fire hydrants for sing e ami y we ings, up exes an su - ivisions, s a e p ace at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more t an eet rom an approve ire apparatus access roadway. (UFC Sec. 903.4.2.4) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the insta ation o re ective mar ers. e markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow or sing e ami y we ings an up exes s a e , ga ons per minute. If the structure(s) is(are) 3,600 square feet or lar er, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1. �.1FC Appendix III-A, Sec. 5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved ire apparatus access roa ways an ire ig ting water supp ies s a e installed and operational prior to any other construction on tF�e site or subdivision. (UFC Sec. 8704) Please contact Eric McMullen at (503) 612-7010 with any additional questions. Clean Water Services was given the opportunity to review this proposal and submitted no comments or objections. �� 10/3/03 PREPARED BY: Brad Kilby DATE Associate Planner 10/3/03 APPROVED BY: Richard B rsdorfF DATE Planning anager BINGHAM DUPLEX PAGE 12 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER �VIEW CT � � • � OEOGRAPHiC iNiORM�TipH S�SiEM YICINITY MAP i ST MCDONALD T CUPZ003-00008 ; - I ________ __ ' BINGHAM DUPLEX � Q _ � � � � �ANZEN LROSE ST os T v a � E ST ELROSE CT � � = Q ~ O °' rn � W MOUNTq �� -`/ �.:�i�.,LcZiscex � �V�N �' Lr'�.: p,, , .: Fs�_ �y�. .... — FtRNV... � �`�� . � ` l_+ __ ` . _, --� , ,�,.% �,;,;,:-� �r�� .�i ��. }�_., � > j l__- -'f: � � r:r,%� ��\ ) i � ��r �/ i ��,{ VIEW TERR V :��,�v:` � - TERR .. � �0��,,.�q, ... _r�_.._� � � . : ,' , , •,'' r neNO�r�_i ..�_... __17.4HttM1T. . ..` � '_... ,.. . r� / CD �" �' � ZTWardAroaMaP__ _�__ � D • < N i m 0 100 200 300 �pp Spp fee i 1"=991 IeCt PEMBROOK ST y City of Tigard < rn Q InfpmaGOn on this map ip fp ggneral bcalion oMy anA sna,�a oe verined w;tn me oevNOpment seMCes o�wslm. 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CITY OF TIGARD �'ommunity�Dc vefopment CITY OF TIGARD S��A��etter�'ommur�ity PUBLIC NEARING HOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON WEDNESDAY OCTOBER 15, 2003 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: CONDITIONAL USE PERMIT (CUP) 2003-00008 FILE TITLE: BINGHAM DUPLEX APPLICANT: Wayne Bingham OWNER: Houck Family Limited Partnership 14320 SW Barlow Court PO Box 4114 Beaverton, OR 97008 Salem, OR 97302 REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 97�' Avenue, south of the future Mountain View Lane extension; WCTM 2S111 BA, Tax Lot 11800. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18,765, 18.790, 18.795 and 18.810. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE} OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION LCSS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW tHE HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER BRAD KILBY AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO bradley@ci.tigard.or.us. r— � �VIEW CT�) ' —��—L-1 - � a.,.� ��„A4.,,�.�.,,.� naN�r�r r�ap MCD�NALD r CUP2003-00008 > BINGHAM DUPLEX W JANZEN OSE ST_ -- T v a � �SE T ELR05E CT � Q � � = O rn W MOUIVTq V��CN � � .� _. , ~�— � w �i,f: -- > " ... � ^,' ! \�._ VIEW TERR V �`-��++�� ,.�u''+r. TERR �� r °.---- .r . ?tl �,,,qp/ .� � co ; �; Zro.a.�.,us . � . O D � < N m 0 �00 300 300 �00 500 1 r - — -�� '=]9ttce1 I _ �PEMBROOK ST � Citp of Tigard D — < �mm�,uo�o��n,.��o a�m,iw�a+r.w R1 ,r�o,na ee.ennaa..m ne os.�cu�+s�n oMw.. Z u us sw waa ena � � ryrd.on a�nn (3oT e�9-an� nqp�+.ww.a W.b.v.w I � �� REQUEST FOR COMMENTS CITYOFTI6ARD ('ommunity�DeveCopment S�apingA BetterCommunity UATE: Se ptember 17,2003 T0: PER ATTACHEU FROM: City of Tigard Pianning Division STAFF CONTACT: Brad IGIbY,Associate Planner[x24341 Phone: [5031639-4171/Fax: [5031684-i291 CONDITIONAL USE PERMIT[CUPI 2003-00008 ➢ BINGHAM DUPLEKQ REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 97�h Avenue, south of the future Mountain View Lane extension; WCTM 2S111 BA, Tax Lot 11800. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 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 Applicant's Statement/Plans for your review. From information supplied by various,departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 1 2003. You may use the space provided be ow or a ac a separa e etter o re urn your commen s. ou are unable to res ond b the above date, please phone the staff contact noted above with your commen s an con irm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE 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 enc ose e er. = Written comments provided below: Name 8� Number of Person(s) Commenting: . •. CITY .� TIGARD REQUEST FOR COh�ENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: C—v� �`�'�'=�`r'�� FILE NAME: �� rJ - r ' If� CITIgN INYOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ❑East �South ❑West aProposal Descrip.in Library CIT Book CITY OFflCES _y,ONG RANGE PLANNING/Barbara Shields,Planning Mgr. _COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. POLICE DEPTJJim Wolf,Crime Prevention Officer �BUILDING DIVISION/Gary lampella,Building Official �fNGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer yNVATER DEPTJDennis Kcellermeier,Public Works Mgr. CITY ADMINISTRATION/Cathy Wheatley,City Recorder ,�UBLIC WORKS/John Roy,Property Manager _PUBLIC WORKS/Mari Stine,Urban Forester ✓PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! SPECIALDISTRICTS TUAL.HILIS PARK 8 REC.DIST.+►�ALATIN VALLEY FIRE&RESCUE♦ _ TUALATIN VALLEY WATER DISTRICT r �[CLEANWATER SERVICES* Planning Manager Fire Marshall Administrative Office Lee WalkerlSWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverto�,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE IURISDICTIONS CITY OF BEAVERTON� CITY OF TUALATIN � OR.DEPT.OF FISH�WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge Irish Bunnell,Devebpmerrt Services 18880 SW Martinaui Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING� OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 PO Box 23483 _ BOb Knight,DataResourceCernel(2CA) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 Paulette Allen,GiowlhManapemeirtCoortlinaWr OR.DEPT.OF LAND CONSERV.B DVLP Kathryn Harris _ Mel Huie,GreenspacesCoordinator(CPA20A) Larry French ccoma.Pw�a„am�mso�y� Routing CENWP-OP-G CITY OF KING CITY� _ Jennifer Budhabhatti,Repbnal Planner(Wetlands) 635 Capitol 5treet NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Grow[hManapemerKServices Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY� _ OR.DEPT.OF ENERGY�Powerwnes mAreaJ _OR.DEPT OF AVIATION�MonoPOU ro.wrsl Dept.of Land Use 8 Transp. Bonneville Power Administration Tom Highland,Planrwrq 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 Portiand,OR 97208-3621 Brent Curtis�cPa� Lake Oswego,OR 97034 Gregg Leion ccPn> _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGIQN 1 � Anne LaMountain�icauRe� CITY OF PORTLAND crrw�y a�w��,a5�,a Po��e�V:o��> _Marah Danielson,o��oo�++��R��coom��o. Phil Healy ocauas> Planning Bureau Director Regional Administrator Carl Toland, Right-of-Way Section tv�uo�> Steve Conway ic�n�s.� 1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Fianders Sr.Cartographer,cP�,�,• PoRland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 Jim Nims czcn�MS,e _Doria Mateja czcn�Ms+. WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(MonopoN Tow�n) _ODOT�REGION 1 •DISTRICT 2A�IF Dave Austin Jane Estes,a�n so��c PO Box 6375 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97007-0375 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL A6ENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERNlSANTA FE R/R,OREGON ELECTRIC R/R(Burt�ngion Nonhem/Santa Fe wR Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmeren��,«�o�o�y� Randy Bice ,S..�wbu..�+, (IlProjeUiSWiNn'/.MileofaTransi[Roule) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERIZON QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Patty Stambaugh,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 BeaveROn,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. COMCAST CABLE CORP. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev,s..M.,�>M..o�,�r�� Diana Carpenter c�.Ea��+��, 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232 � INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOYERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTT FOR ANYIALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notifr). h:�paltylmastersSRequesl Fw Comments Notification List.doc (UPDATED: 17-Ju1-03) (Also updale:`i:�curpinl5etupUabels�annexation_utilities and frenchises.doc"when updating this document) Bradl�y Kilby - Bingham Duplex.doc Page 1 i � � i TUALATIN VALLEY FIRE & RESCUE � SOUTH DIVISION �� COMMUNII'Y SERVI('IiS • OPCRA�IONS • FIRE PREVENTION September 22,2003 Brad Kilby,Associate Planner City of Tigard 13125 SW Hall Blvd Tigard,OR 97223 I Re: Bingham Duplex � Dear Brad, 1 have reviewed the submittal for the above named project and have the following comments: 1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within I50 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved I intersecting roadway,as measured along the fire apparatus access road,is greater than 150 feet(UFC Sec.902.2.1) The proposed fire apparatus turn around is approved. No parking signs shall be pro��ided in the turn around. 2) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructcd width of not less than 30 feet(I S feet for onc or two dwclling units and out buildings),and an unobstructed vertical clearance of not less than 13 feet G inches. (UFC Sec. 902.2.2.1) Where fire apparatus roadways are less than 28 feet wide,"NO PARK[NG"signs shall be installcd on both sides of thc roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide,"NO PARKWG"signs shall be installed on one side of the roadway and in turnarounds as needed. Where firc apparatus roadways are 32 feet wide or more,parking is not restricted. (UFC Sec.902.2.4) 3j TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet respectively,measured from the same center point. (UFC Sec.902.2.23) 4) GRADE: Private fire apparatus access roadway grades shall not exceed an average grade of 10 percent with a maximum grade of 15 percent for lengths of no more than 200 feet. fntersections and turnarounds shall be level(maximum 5%) � with the exception of crowning for�vater run-off. Public strects shall have a maximum grade of 15°/a.(UFC Sec. 902.2.2.6) i 5) SINGLE FAM[LY DWELLINGS AND DUPLEXES-FIRE HYDRANTS: Fire hydrants for single family dwellings, I duplexes and sub-divisions,shall be placed at each intersection. [ntermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional�re hydrants shall be as approved by the Chief. (UFC Sec.903.4.2.2) 6) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec.)03.4.2.4) � � 7) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of rcflective markers. � The markers shall be blue. "I�hey shall be located adj�cent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line,then assume a centerline,and place the reflectors I accordingly. (UFC Sec.901.4.3) � 8) SINGLE FAMILY DWELLINGS-REQUIRED FIRE FLOW: The minimum available fire flow for single family I I 7401 SW�Vasho Court,Suitc 101 •Tual�lin,Ore},on 970G2•TeL(503)612-7000•�ax(503)612-7003•www.tvG.com � j BradlPy Kilby- Bingham Duplex.doc Page 2 dwellings and duplexes shall be I,000 gallons per minute. If the structure(s)is(are)3,600 square feet or larger,the , required fire flow shall be determined according to UFC Appendix Table A-111-A-L (UFC Appendix II[-A,Sec.5) �i 10) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCT[ON: Approved fire apparatus access II i roadways and fire�ghting water supplies shall be installed and operational prior to any other construction on the site � � or subdivision. (UFC Sec.8704) i Please contact me at(503)612-7010 with any additional questions. I, �I Sincercly, � Eric T. McMullen �� Eric T. McMullen Depury Firc Marshal � I � ,. .r -��-< REQUEST FOR COMMENT� CITYOFTI6AR0 ['ommunity�UeveCopment ShapingA Better Community DATE: Se ptember 11,2003 T0: Mark Vandomelen,Residential Plans Examiner FROM: Cit�af Tigard Planning Division STAFF CONTACT: Brad IGiby,Associate Planner[x24341 Phone: [5031639�4111/Fax: [5031684-7291 CONDITIONAL USE PERMIT[CUPI 2003-00008 ➢ BINGNAM DUPLEIIQ REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 97th Avenue, south of the future Mountain View Lane extension; WCTM 2S111 BA, Tax Lot 11800. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 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 Applicant's Statement/Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 1 2003. You may use the space provided be ow or a ac a separa e e er o re urn your commen s. ou are unable to res ond b the above date, please phone the staff contact noted above with your comments an con irm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE 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 enc ose e er. = Written comments provided below: Name & Number of Person(s) Commenting: �✓In2� `' "� REQUEST FOR COMMENT� CITYOFTI(iARD Community�DeveCopment Skaping�l BetterCommunity DATE: September 17,2003 T0: Nim McMillan,Development Review En9ineer FROM: Cit�l of Ti9ard Planning Division STAfF CONTACT: Brad Kilby,Associate Planner[x24341 Phone: [503]639-4111/Fax: [5031684-1291 CONDITIONAL USE PERMIT[CUPI 2003-00008 ➢ BINGHAM DUPLEI(Q REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 97th Avenue, south of the future Mountain View Lane extension; WCTM 2S111 BA, Tax Lot 11800. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 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 Applicant's Statement/Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 1 2003. You may use the space provided be ow or at ac a separa e e er o re urn your commen s. ou are unable to res ond b the above date, please phone the staff contact noted above with your comments an con irm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE 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 enc ose e er. = Written comments provided below: � - � 3 - 0 � Name & Number of Person(s) Commenting: . � �« �� REQUEST FOR COMMENTs CITYOFTIGARD Community�DeveCopment SfiapingA BetterCommunity DATE: September 17,2003 T0: Dennis Koellermeier,Operations Manager/Water Department FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby,Associate Planner[x24341 Phone: [5031639-4171/Fax: [5031684-1297 CONDITIONAL USE PERMIT[CUPI 2003-00008 ➢ BINGHAM DUPLEKQ REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 97th Avenue, south of the future Mountain View Lane extension; WCTM 2S111 BA, Tax Lot 11800. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 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 Applicant's Statement/Plans for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 1 2003. You may use the space provided be ow or at ac a separa e e ter o re urn your commen s. ou are unable to res ond b the above date, please phone the staff contact noted above with your comments an con irm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE 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 enc ose e er. � Written comments provided below: ) �� 1� Ci �;v l�c��,,� ��,..�w��1-1`1��..t �:s� .�...��.---. v� c T,Pr��.:r��i_ `� . I�l`1�— �'�,� I�iZ h C�� • C��c�t�V� r o l c � �.�� :��C.✓`. � v'�c4� Z) ��1n 5�� .�t' c� ,d��c T� � y -�� .,.wo.�,r .nr� �r r 3) Y�� 4'� �� c��-h�,.► -� ��u��ti,[�,I}]-- I��..� kY✓�-- v .�--= t_ ''!,, , . i.� �� V\lL�.�+. ��-�•�,� b-. ��#�, � � iu /Pt�b�:� ��op►�c��Cl �Name & Number of Person(s) Commenting: ��r �� . � 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 Applications for: Land Use File Nos.: CUP2003-00008 Land Use File Name: BINGHAM DUPLEX I, Brad Kilby, Associate Planner for the City of Tiqard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) andlor tax lot(s) currently registered) i�i'� �Q� �nu Ll:'t +.�,�(�.� , and did personally post notice of the Public Hearing on the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the�,�'' day of�::,I,EK. , 2003. � ,��.��^ /�f: �%�' Signature f Person Who P'erformed Posting (In the presence of the Notary) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF OREGON ) County of Washington ) ss. Subscribed and sworn/affirmed before me on the da�"' day of S�P�^�� , 20 03 n-_ OFF ICIAL SFAL w,�+ CHERYL A CAINES , ':�`� P10TARY PUBUC-OREGON //� Q �A�-,,� ) �'"� COMMISSION N0.371603 (, a� h1Y COMh11SS!ON EXPIRES AUG. 14,200� NOTARY PUBLIC OF OREGON My Commission Expires: h:\login\patty\masters\affidavit of posting for applicant to post public hearing.doc NOTICE OF PU BLIC H EARING � The following will be considered by the Ti ard Hearin s Officer on Wednesda October 15 2003 at 7:00 PM at the Tigard Civic Center - Town Hall, 131 a v ., igar , Oregon. o pu ic ora an wri en es imony is invited. The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior to or at the public hearing or verbally.at the public hearing only. Failure to raise an issue in person or by letter at some point prior to.the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue. Failure to specify ti�e criterion from the Community.Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. 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. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. Further information may be obtained from the Planning Division staff contact: Brad Kilb at 13125 SW Hall Blvd., Tigard, Oregon 97223,-by calling 503-639-4171 , or by email to bra ey ci. igar .or.us. CONDITIONAL USE PERMIT (CUP) 2003-00008 REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 97t" Avenue, south of the future Mountain View Lane extension; WCTM 2S111 BA, Tax Lot 11800. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18,765, 18.790, 18.795 and 18.810. \ ��V W CT i-- . . - . �E,,;�A�� tiFOR�aAr�oti S,s,E�.� i I YI�IMITY MAP -- - - -- � ST MCDONALD T CUPZ003-00008 ' , -- -- -- ------ -- . � - -- ------ -- � W Q BINGHAM DUPLEX ' _ � -- � �� JANZEN ELROSE ST ELRpSE ST _ � T v� a � ELROSE CT V �_ H � _ � rn � � - ' SW MOUNTq N , . � SITE II ��Fl�LN � _S�� ; � �- � -�= �¢: . � --;� � - �,��i� '� � �t,� ;j i W T ��r� �- .,�, t :� �( > V M -,l./`,� t.., g ,�,i,... VIEW TERR .-�'�„`n��._.�, ° �19�-�; �°- TERR i'� �=i i��.= �x€v!�na,ua.� f..-P':gik69M_1.�� _ . . . _, i. �„ � rl . . r � TIpaN Area Map � ' , � � D • �I < N ' m � 0 100 20G 300 d00 500 Fee� 1"=391 fgpt �' PEMBROOK ST � � City of"I'igard m Q Infortnation on this map is fa general location only and � � should be verified with the Oevdopment Services Division. Z � 13125 SW Hall Blvd � � Tigard,OR 97223 (503)639-4177 http:J/vnwv.ci.tigard.or.us Community Development Plot date:Sep 16,2003;C:lmagiclMAGIC03.APR I 1 �tig a�,.{, � ia nierw�°w � � V � I � ff ti(W).)KDD �alµ 6� I 'W SD nu►v4 IE ti(5>.7K50 / �3 Y�S l IE=r�r�6e rw+o4 iE�+�rwy.7�smso e.�� ss wmow� �- - - - - - '�a�.r.se� � �� Rr. }ro �+..eo wroa ie ti re�.�soso m+.�a� � �+ -_� �QM1�751D0 ��161�11] -_____��--- IE OW=2KS0 -E C1t.7M3r � i�t � ��I� I ,l.d�L� �� — — r--��— — — SW MOUN�IN VIEW LA\ � � � ��;„�, �� i N��, i - - E4.767' � J � - ,,4 _ I' _ - - 1 _ _ _ ��1� ' �- J- - -I-J ..i.uyp��- �� `,_,��.�- - _. 5m r.�u��e�. -��-Mr r'MOr��r/M--5?-�n---_7!,ddo� W�t _ . .1_-— _��or�i�s �� L.?57' ____.___ � �s••o� � l�l�'T-_.�'_' —1 � J I >C •. .i , , • • , � . u . • , .. . .• '. ' ��pr-757 --��------ - --i- - _ � EL 25�' ------------------- -- -- -------- 1 ----- EL.163'� �u«t vw wMt v« 'r� �v�t v« I � E � I � � �o..o. I� �o• � �r e � R � EL.156' � I I I rM+O�i� � � \ / \ / � EL.I64� �r-r � � � / I � I � ��'�~ I P.�b >- - - - - -< P.�w � w�11r. 7N,/r � I� , I I J -o i � �°•'°_ � I I I'iA'-�' 47'•O'--+I � y�� EL.258' � - - - - - - - � - -� - - - - - - - ��. I EL.765' EL.26a' EL.769' EL.167' El.761'I hw�erl � I I I� I I I � lrset A I I [MQaR I I I EL 76l'� � � � � I I ��4 ti I i I �I � I I II I I � , I I �I y� I I � EL.Tba' `a� Va , I I .iwp 1ri vw�M — — — — _ � - - - - - - - - - - -°� - - - - - - - - - - -- - - - - - ocl� - - - - - - - - - - - - - - - - - - - - - - - - - - � - - � EL.164' W EL.267' � EL.261' I I ti ~ �1'�pla�D Nort}v+ood AT 4O FEET O/G � � I � � MI11 2'0 AT 1' ABpVE GRIXND � � W CENTERED M 4'SaIARE PLlWTER �� AOJAGENT TO 51pEuk1LK � � CITY oF T�GARD T CUP2003.0000$ cm or ra�eo S� P�'' N BINGHAM DUPLEX Ma is not to scale I 20 DAYS = I/6/2003 CITY OF TIGAR� DATE OF FILING: I 0l??I2003 C�mnrunity�eveCopment SfiapingA BetterCommur�ity CITY OF TIGARD �Nashingto�a Cou�aty, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT CUP 2003-00008 Case Name: BINGHAM DUPLEX Name of Owner: Houck Famil Limited Partnershi Name of Applicant: Wa ne Bin ham Address of Applicant: 14320 SW Barlow Court Beaverton Ore on 97008 Address of Property: On the west side of SW 97 Avenue south of the future Mountain View Lane extension Tax Ma /Lot Nos.: Washin ton Co. Tax Assessor's Ma No. 2S111 BA, Tax Lot 11800. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND fONCLUSIONS APPROVING A REQUEST FOR A CONDITIONAL USE AND SENSITIVE LANDS REVIEW. THE CITY OF TIGARD HEARINGS OFFIfER HAS REVIEWED THE APPLI[ANT'S PLANS, NARRATIVE, MATERIALS, fOMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN fURTHER DETpIL IN THE STAFF REPORT. THE HEARINGS OFFICER HELD A PUBLIC HEARING ON OCTOBER 15, 2003 TO RECEIVE TESTIMONY REGARDING THIS APPLICATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONLLUSIONS fONTAINED WITHIN THIS FINAL ORDER. Request: ➢ The applicant is requesting approval for a duplex on a 10,000 square foot parcel.. At the close of the record, the Hearings Officer conditionally approved all applications subject to the conditions of approval within this final order. Zone: R-4.5: Low-Density Residential District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18,765, 18.790, 18.795 and 18.810. Action: ➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: � Owners of Record Within the Required Distance � Affected Government Agencies � Area Citizen Involvement Team 0 The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Communiry Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON AND BECOMES EFFECTIVE ON UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. . . STI GEOGRAPHIC INFORMATION SvSTEM - AREA NOTIF1m � ., (500') uu�� Q li1TY�NlM = riflY�/IHt Y1NN � ip11W�iM � � tftOM �� riflM/�77N JANZEN '� �'�� ELROSE ST sE """" ----------- T t– � S-�"' '"" """""" ELROSE CT ________—__ " a " � �„, �°u°t�,,.� �"°'* > FOR: Wayne Bingham _ _ _ � ,.,�.�«. Q ,.,�n�. � `` � RE: 2S I I I BA, I 20 I rn � M �� .M n""°"" '"ti.""' �:»� �« lfll IN� fft11MNM� " SW MOUIV7-q �i ----------- fiI1MNlM� ��T� c �. ,.�,�,�» ��.��.�,�� ,�„�� .�.» � N H �,`�� Property owner information �°�`�� ,s„MU,,,� is valid for 3 months from � n� ,.,,■u�� the date printed on this map. ttmuma umo m� W �N """"»" rwu�� n T �w� nn � BN VIEW TERR �^�»� �..�,N ��„� ,�,,,, F TERR �� ,.�.�� u,�� n,,,�,�� + � �� ,� ��. �w.�� w � ��s� ��,�� n� � N Z �u �� n� m�wnw anuuu um'� n� � mnu�on �ro ^� �TM D nnxwn� � m � • N PEMBROOK ST a �� 400 Feel m ��w� Q ,•-2�f�� z° � N � m City of Tigard S� Infortnation on lhis map is fa general locatim only and should be verified with Ihe Developmenl Services Divisim. 13125 SW Hall BIW - Tpard,OR 97Y23 � • (5031639-4171 http:/Mv,w.ci.tigard.a.us Community Development Plot date:Jul 22,2003;C:lmagiclMAGIC03.APR 2S1116A-11300 2S111A8-06500 ADAMY NICHOLAS E 8 BRITTON AARON DENELLE& JENNIFER K MELISSA NICOLE 9540 SW ELROSE ST 14430 SW 93RD AVE TIGARD,OR 97223 TIGARD,OR 97224 2S 111 AB-06000 2S 111 BA-11400 BAGGENSTOS JANET M BROWN KATHRYN URONALD R 9265 SW VIEW TER 9678 SW ELROSE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 BA-06800 2S 111 BA-08500 BEDARD ROBERT P&CAROLYN J BURKE PATRICK M& 9541 SW INEZ ST BURKE AGATHA L TIGARD,OR 97224 9445 SW MOUNTAIN VIEW LN TIGARD,OR 97224 2S 111 AB-05800 2S 111 AB-08700 BENSON ALAN K&SERENA M CARLSON ALBERT L 9280 SW MOUNTAIN VIEW LN 14415 SW 94TH CT TIGARD,OR 97224 TIGARD,OR 97224 25111 BA-04901 2S 111 BA-08400 BICKER STEPHEN CARLSON MICHAEL PAUL& 14235 SW 97TH AVE KARI LYNN TIGARD,OR 97224 9455 SW MOUNTAIN VIEW LN PORTLAND,OR 97224 2S 111 BA-04900 2S 111 BA-00304 BICKER STEPHEN G&MARGARET J CARLSON SCOTT A/JANICE E 14235 SW 97TH AVE 9747 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97223 2S 111 AB-0800D 2S111 BA-10700 BILGERE GERALD W 8� CARTER JAMES FREDERICK& DANIELLE L CARTER KATHALEE ANN 14435 SW 93RD 9675 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-05900 2S 111 BA-08700 BLUME DOUGLAS BRIAN CASTILE ROBERT W C&DEBORAH L 14370 SW 93RD AVE 9563 SW INEZ ST TIGARD,OR 97224 TIGARD,OR 97224 2S 711 BA-05700 2S 1118A-05600 BOYCE RANSOM K&MYRNA P CLARKE ANDREW W&STEPHANIE J 14155 SW 97TH PL 14150 SW 97TH PL TIGARD,OR 97224 TIGARD,OR 97224 111 BA-08800 2S 111 BA-08700 B YN OODS OWNERS OF COURTNEY RONALD B 8 VICKI LOT 9450 SW ELROSE ST 0000 TIGARD,OR 97224 2S 111 BA-01.800 2S 111 AB-07600 EVANS JAMES WARD&JOYCE I GRAY JONATHAN C& 14285 SW 97TH HAMILTON-GRAY TRACEY H TIGARD.OR 97224 9430 SW INEZ 5T TIGARD,OR 97224 2S111BA-11500 2S111AB-07800 FEKETE STEPHEN&GEORGINE GREEN DONALD N JR AND 9453 SW ELROSE ST MARJORIE M TIGARD,OR 97224 9385 SW INEZ TIGARD,OR 97224 11 BA-0070 2S 111 BA-10000 FE EPHEN&GEORGINE GREENWOOD EDWARD C&KIMBERLY A 9453 OSE ST 9459 SW BROOKLYN LN T ARD,OR 97224 TIGARD,OR 97224 2S 111 AB-08600 2S 111 AB-03000 FERGUSON DONALD W GRIFFIN CHARLES R AND BARBARA K JULIE A 14175 SW 93RD AVE 14425 SW 94TH CT TIGARD,OR 97224 TIGARD,OR 97223 2S 111 BA-01500 2S111 BA-0017 5 FREDERICK SCOTT G 8 KATHLEEN R HARBOUR KELLY& 9755 SW INEZ ARMSTRONG ROBERT TIGARD,OR 97223 14152 SW 97TH AVE TIGARD,OR 97224 2S 111 AB-03300 2S 111 BA-09300 FRENI THOMAS E AND HARLEY ROBERT A LYNNE-FRENI TRACIE 14440 SW 97TH AVE 9430 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-01800 2S 111 BA-10300 FRIAR GARY E&CYNTHIA I HARLEY ROBERT A 8 NATALIE J 14170 SW 93RD AVE 14440 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 BA-09700 2S 111 BA-07400 FROEBER JEFFREY D&CARI L HEATON JOHN C 9527 SW BROOKLYN LN 14350 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-01900 2S 111 AB-02400 GERSPACH DIANE JEANNINE HERN MICHIKO 14200 SW 93RD 9340 SW MOUNTAIN VIEW LN TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-02900 2S 111 BA-01201 GOODHOUSE JOHN JAY HOUCK FAMILY LIMITED PARTNERSHIP 9345 SW MOUNTAIN VIEW LN P O BOX 4114 TIGARD,OR 97224 SALEM,OR 97302 as�i�sa-oesoo 2S111BA-09800 HUGHES DAVID A AND VICKIE M LIAO JIANMIN 9435 SW MTN VIEW LN PAN CHEN TIGARD,OR 97224 9519 SW BROOKLYN LN TIGARD,OR 97224 2S111BA-10800 2S111AB-09000 HUMPHREY THAD D&WENDY W MAGEE THOMAS G AND 9543 SW ELROSE ST DODGEN-MAGEE DOREEN TIGARD,OR 97224 9365 SW VIEW TERRACE TIGARD,OR 97223 2S111BA-10900 2S1116A-05200 JACKSON LIVING TRUST MARTIN WILLIAM L&DEBORAH A BY JACKSON ROBERT M/NITA J TRS 9730 SW ELROSE ST 9547 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S111AB-08900 2S111 BA-06500 JORDAN JO A MAWHIRTER ARLIE L TR 9395 SW VIEW TERR 13960 SW 100TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2 11 BA-08300 2S 111 BA-06800 JUB CE OWNERS OF MAWHIRTER IRENE TR LOT -5 D 7-9 1396�SW 100TH AVE , 0000 TIGARD,OR 97223 2S 117 BA-07200 2S 111 BA-07700 KANBERGS KARLIS& MCGRAW JOAN E STEYAERT LYNN L 9502 SW VIEW TER 9443 SW INEZ TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-11200 2S111BA-07000 KERKERING RODNEY B 8 DONNA MCKITTRICK LADD C&LYNNE M 13759 SW WALNUT AVE 9487 SW INEZ ST TIGARD,OR 97223 TIGARD,OR 97224 2S 1118A-05000 2S 111 AB-05700 KING ROBERT BRIAN AND MCLAIN ERVIN ROGER 8 JANICE V ANDREA DEWEY 9260 SW MTN VIEW LN PO BOX 12224 TIGARD,OR 97224 ZEPHYR COVE,NV 89448 2S111AB-02500 2S111A8-08400 KLUEMPKE RICHARD G AND MCNAMEE PAUL G 8 BARBARA A ROSEMARY E 14420 SW 94TH CT 9380 SW MTN VIEW LN TIGARD,OR 97224 TIGARD,OR 97223 2S 111 BA-08100 2S 111 BA-07900 KOHLMAN ED HERMAN&KRISTIE JO MI�KOWSKI RYAN&LESLIE 9558 SW JUBILEE 9480 SW VIEW TER TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-07800 2S111BA-01700 MORAN PHILIP H&JOAN H PALM FRANK L DORIS 0 9471 SW VIEW TER 14325 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S111AB-09200 2S111BA-01600 MYERS ERIC D& PALM ROY D NORMA J 20830 NE BIG FIR LN 14365 SW 93RD DUNDEE,OR 97115 TIGARD,OR 97224 2S111BA-00114 2S1116A-07600 MYERS REED D&DEBRA R PASERO MARK G&SHARON M 9525 SW ELROSE ST 9567 SW JUBILEE CT TIGARD,OR 97224 TIGARD,OR 97224 2S111AB-06400 2S111AB-09100 NEWHOUSE LLOYD C AND REBECCA N PETERMAN ALAN L AND 9280 SW VIEW TERRACE MITCHELL STEPHANIE J TIGARD,OR 97224 9335 SW VIEW TERRACE TIGARD,OR 97224 2S111BA-07300 2S111BA-10100 NGUYEN DANH T& PRESLEY TIMOTHY R& BUI NHUNG K PRESLEY TEMARA SANDERS 14320 SW 97TH AVE 9441 SW BROOKLYN LN TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-05300 2S111BA-00303 NICHOLSON JAMES W& PREWITT LINDA SUE CATHERINE C 14077 SW 97TH AVE 14120 SW 94TH PL TIGARD,OR 97223 TIGARD,OR 97223 2S111AB-07700 2S111BA-11100 NILSEN JEFFREY C&CINDY L RAINBOLT KENNETH W&CAROL A 9425 SW INEZ ST 9526 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S1116A-05400 2S111BA-01200 OSTROW LEONARD C&KATHRYN A RANSDELL DAVID&SALLY 14130 SW 97TH PLACE 14270 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 BA-00100 2S 111 AB-08100 OTTO AASE B ROCHELD MICHELLE C 14200 SW 97TH AVE 14425 SW 92ND AVE TIGARD,OR 97224 TIGARD,OR 97224 116A-00 7 2S111BA-11600 OTT E B ROSS JEFFREY A&GAYLA 1420 AVE 9515 SW ELROSE ST TI ARD,OR 97224 TIGARD,OR 97224 2 71 BA-090 2S 111 AB-02700 ROS FREY A&GAYLA SHROCK WALTER W& 951 LROSE ST COOK DONALD PHILIP CO-TRUSTEES ARD,OR 97224 9425 SW MOUNTAIN VIEW LN TIGARD,OR 97224 2S 111 BA-05100 2S 111 BA-07500 RUSSELL LORETTA N SMITH DAVID H& 14115 SW 97TH AVE BATCHELOR WENDY A TIGARD,OR 97224 9582 SW JUBILEE PL TIGARD,OR 97224 zs�i it�-02oo0 2S111 BA-00705 SANDERS JOSHUA E STROHECKER LARRY S� 9265 5W MOUNTAIN VIEW LN DIANE L TIGARD,OR 97224 14050 SW 97TH AVE PORTLAND,OR 97224 2S 111 BA-07100 2S 111 AB-08800 SCHOENBRUN STEVEN J/KAREN TAKEDA JENNY& 9465 SW INEZ ST TAKEDA CHIJO TIGARD,OR 97224 9435 SW VIEW TERR TIGARD,OR 97224 2S 111 BA-05500 11 BA-082 SCHOESLER RONALD D TIGA OF 14140 SW 97TH PL 1312 ALL TIGARD,OR 97224 T RD,OR 7223 2S 111 AB-02600 111 AC-027 SCHOOLER DAVID K UNI H SCHOOL DISTRICT 9420 SW MOUNTAIN VIEW LN NO. TIGARD,OR 97223 OOOQ 2S 111 AB-03100 2S 111 AB-08200 SCHWARZ CHARLES 8 VALLEY RYAN C DIZNEY CARROLL 14415 SW 93RD AVE 14135 SW 93RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-03200 2S 111 AB-08500 SCHWARZER GERTRUD E 8 PETER H VANGORDON DORIS TRUSTEES 14430 SW 94TH CT 9330 SW MCDONALD TIGARD,OR 97224 TIGARD,OR 97224-5932 2S111BA-09900 2S777AB-07900 SHANKLES H THOMAS 8 N JEAN VIROSTEK ROBERT A/KIMBERLY 9501 SW BROOKLYN LN 9366 SW INEZ 5T TIGARD,OR 97223 PORTLAND,OR 97224 11BA-102 2S111AB-02800 SHA MEADOWS VOLK VIRGIL V RUTH OWN OF LOTS 1-6 9385 SW MTN VIEW LN 000 TIGARD,OR 97223 2S1116A-08000 WARREN RANDOLPH G&JANET L 9534 SW JUBILEE CT TIGARD,OR 97224 2S1116A-00111 WASHINGTON COUNTY FACILITIES MGMT-ADMIN 111 SE WASHINGTON ST HILLSBORO,OR 97123 2S 111 BA-0ssoo WEBB DARWIN H 9529 SW INEZ ST TIGARD,OR 97224 251116A-11000 WHITE PAUL A 8 MICHELE K 9533 SW ELROSE ST TIGARD,OR 97224 2S 111 BA-09600 WHITEMAN RICHARD A 9535 SW BROOKLYN LN TIGARD,OR 97224 2S111AB-08300 WORTH PHILLIP S D 8 LYNN E M 8431 GLEN VIEW CT ORLAN00, FL 32819 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 CITY OF TIGARD - SOUTH CIT SUBCOMMITfEE (pg. I af I) (i:lcurpinlsetupllabels\CIT South.doc) UPDATED: June 18, 2003 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW HALL BOULEYARD CITYOFTIGARD TIGARD, OREGON 91223 Comrnunity�DeveCopment S(tapingA BetterComrrtunity PHONE: 503-639-4171 FAX: 503-684-7297 (Attn: Patty/Planning) ° Q O ° OO OO ° ° O °� 0 ° �[�� J' Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1s134Ag, Tax�ot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: a � �� INDICATE WHETHER YOU ARE REQUESTING 1, 2 OR 3 SETS 4F LABELS: (NOTE: A minimum of 2 sets of labels will be provided (unless only holding a neighborhood meeting at this time) to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting, you can request 3 sets provided your land use application will be submitted and deemed complete by the Planning Division within 3 �onths from this request.) c NAME OF CONTACT PERSON: PHONE: This request may be mailed, faxe or hand elivered to the City of Tigard. Please allow a 2-day minimum for processing reques�s. Upon completion of your request, the contact person will be called to pick up their request that will be placed in "Will CaIP' by their last name, at the Community Development Reception Desk, The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus$2 per sheet for printing the list onto labels(20 addresses per sheet). Then, multi I the cost to rint one set of labels b the number of sets re uested. EXAMPLE COST FOR THIS REQUEST 4 sheets of labels x$2/sheet= 8.00 x 2 sets= $16.00 sheet(s)of labels x$2/sheet=�o�x a sets= o� 2 sheets of labels x$2lsheet for CIT area x 2 sets=$ 4.00 �sheet(s)of labels x$2lsheet for CIT area=�x 1 sets=� GENERATE LIST = 11.00 GENERATE LIST = �� TOTAL =$31.00 � TOTA - h�_ D� �.{;-/ OK(J �� , � � aa D� ��a lb � o� . I �C1TY Of TIGARD tOMMUNITY DEVELOPMENT DEPARTMENT PIANNING DIYISION CfTYOFTIGARD I 3 I 25 SW HALL BOULEYARD �'ommuriity�Devefapment TIGARD, OREGON 91223 ,Sfeapi�tgABeiterCom►nunity PHONE: 503-634-4111 FAX: 503-684-7291 (Attn: Patty/Planning) ° Q � 0 ° 00 00 ° ° 0 °� 0 ° �� Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. �S134A6, Tax�ot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: �� 11('�A-01�(�i INDICATE WHETHER Y4U ARE REQUESTING 1, 2 OR 3 SETS OF LABELS: ' �� ; �� (NOTE: A minimum of 2 sets of labels will be provided (unless only holding a neighborhood meeting at this time) to pla e on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting, you can request 3 sets provided your land use application will be submitted and deemed complete by the Planning Division within 3 months from this request.) NAME OF CONTACT PERSON: � IF.� �� L�,:�c��;;, PHONE: � ��^ -7`�� This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing reques�s. Upon compl�etion of y,our request, the contact person will be called to pick up their request that will be placed in Will Calf by their last name, at the Community Development Reception Desk. _ The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: Y THE CIT�Y VS. RE TYPED MAIL�ING LABEL�S WILLABE ACCEPTED.PROVIDED Cost Description: $11 to generate the mailing list, plus$2 per sheet for printing the list onto labels(20 addresses per sheet). Then, multi I the cost to rint one set of labels b the number of sets r uested. EXAMPLE COST FOR THIS REQUEST 4 sheets of labels x$2lsheet= 8.00 x 2 sets= $16.00 fQ sheet(s)of labels x$2lsheet=�x j sets= �°� 2 sheets of labels x$2/sheet for CIT area x 2 sets=$ 4.00 �sheet(s)of labels x$2/sheet fo�CIT area=�x / sets= GENERATE LIST =$11.00 �� GENERATE LIST = TOTAL =$31.00 �� TOTAL �� AFFIDAVIT OF MAILING CITYOfTIGARD Cornmunity�l�eveCopmeut Sfiapirig,a BetterCommunity I, �Patricia G. Gun ford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaC�st for the City of 7'2garct, 'Washington County, Oregon and that I served the following: {Check Appropnate Box(s)Below� � NOTICE OF PUBLIC HEARING FOR: �i CUP2003-00008/BINGHAM DUPLE% (File No./Name Reference) HEARING BODY: HEARING DATE: City of Tigard Planning Director Tigard Hearings Officer (10/15/2003) Tigard Planning Commission Tigard City Council A copy of the said notice being hereto attached, marked Exhlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EXhlblt"B",and by reference made a part hereof, on September 22,2003,and deposited in the United States Mail on Septemper 22,2003, postage prepaid. � (Pers Pr ared ice) ,S7,A?E O�F'O�GON � County of`Wasj:ngton �ss. C4ty of 7igard ) � Subscribed and sworn/aff' med before me on the day of � r��/�Z��l� , 2003. OFFICIAL SEAL ~ ��;; J BENGTSON NOTARY PUBLIC-OREGON � ' COMMISSION NO.368088 /�� l � G MY COMMISSION EXPIRES APH.27,2u07 My Commission Expires: �� . NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: c�H�B�T� THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Comviunity;Uer�laprnertt CITY OF TIGARD s��`�etter�'ontnuu�ity PUBLIC HEARIHG NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON WEDNESDAY OCTOBER 15, 2003 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: CONDITIONAL USE PERMIT (CUP) 2003-00008 F��E T�T�E: BINGHAM DUPLEX APPLICANT: Wayne Bingham OWNER: Houck Family Limited Partnership 14320 SW Barlow Court PO Box 4114 Beaverton, OR 97008 Salem, OR 97302 REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. LOCATION: The subject property is located on the west side of SW 97th Avenue, south of the future Mountain View Lane extension; WCTM 2S111 BA, Tax Lot 11800. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18,765, 18.790, 18.795 and 18.810. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURES ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 2438 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF�A PEkSON SUBMITS EVIDENG� IN SUPPORT TO THE APPLICATION L��S THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER BRAD KILBY AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY E-MAIL TO bradley@ci.tigard.or.us. — -- �V�E�T — _-- ----�—' � E .a.,� . �w. .� Ev � �—� i I naM�r�r r�ap � � I � _____===== I MCDONALD T - CUP2003-00008 � — __________ > � ' BINGHAM DUPLEX _ � r- � � � JAN EZ N E OSE ST pSE T _�T�v� i �� ELROSE CT —I � I°' `�° > _ _ ;= Q � �� I i a' �I � i � � � � I � --�W MOUNT � � T I �W Vj ��:=�� I �� •7 � FW LN ��.� F/ I , / ,�_;'��.� �. �°-%� u. .i ��i�� :�.- � :�,%, r__�.,. �� =� � " �,-�� .�, VIEW�ERR V -�`�`'�' �°1'� ro_ I � TERR �� {ry. y�gr . � ,dt I�Af..l6' I i I ,' � €;~ z� *�.<,tiMa — -— I v \ i� � , N m a o +oo zoo �,nn <w� soo . I'�]91fn�1 I � �I ' PEMBROOKST � — -�- Ciry of 7'igard II �� Inlqn�aNM p�IM1I�mp0�e la 9eneral lotalron oNV aM m NM!Ee w11uM�MI�Me DevMOMbnI$erncm Uwbn. Z 13125 SW Map Bnd N Tw�.oa arna 01 IeWI NF�+�+ neyYww.a.tlyN.a.u� CuPe2o�o3-� 2�5117BA-11300 2S111AB-06500 ADAMY NICHOLAS E& BRITTON AARON DENELLE 8 EXHIBIT� JENNIFER K MELISSA NICOLE 9540 SW ELROSE ST 14430 SW 93RD AVE TIGARD,OR 97223 TIGARD,OR 97224 2S111AB-06000 2S111BA-11400 BAGGENSTOS JANET M BROWN KATHRYN URONALD R 9265 SW VIEW TER 9678 SW ELROSE TIGARD,OR 97224 TIGARD,OR 97224 2S171BA-06800 2S1778A-08500 BEDARD ROBERT P&CAROLYN J BURKE PATRICK M& 9541 SW INEZ ST BURKE AGATHA L TIGARD,OR 97224 9445 SW MOUNTAIN VIEW LN TIGARD,OR 97224 2S 111 AB-05800 2S 111 AB-08700 BENSON ALAN K&SERENA M CARLSON ALBERT L 9280 SW MOUNTAIN VIEW LN 14415 SW 94TH CT TIGARD,OR 97224 _ TIGARD,OR 97224 2S 711 BA-04901 2S 111 BA-08400 BICKER STEPHEN CARLSON MICHAEL PAUL& 14235 SW 97TH AVE KARI LYNN TIGARD,OR 97224 9455 SW MOUNTAIN VIEW LN PORTLAND,OR 97224 2S111BA-04900 2S111BA-00304 BICKER STEPHEN G&MARGARET J CARLSON SCOTT A/JANICE E 14235 SW 97TH AVE 9747 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97223 2S171AB-08000 2S111BA-10700 BILGERE GERALD W 8 CARTER JAMES FREDERICK 8 DANIELLE L CARTER KATHALEE ANN 14435 SW 93RD 9675 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S111AB-05900 2S111BA-06700 BLUME DOUGLAS BRIAN CASTILE ROBERT W C&DEBORAH L 14370 SW 93RD AVE 9563 SW INEZ ST TIGARD,OR 97224 TIGARD,OR 97224 2S 117 BA-05700 2S 7 71 BA-05600 BOYCE RANSOM K 8 MYRNA P CLARKE ANDREW W&STEPHANIE J 14155 SW 97TH PL 14150 SW 97TH PL TIGARD,OR 97224 TIGARD,OR 97224 111 BA-08800 2S 111 BA-08700 B YN OODS OWNERS OF COURTNEY RONALD B 8 VICKI LOT 3 9450 SW ELR05E ST 0000 TIGARD,OR 97224 2S111 BA-01.800 2S111AB-07600 EVANS JAMES WARD&JOYCE I GRAY JONATHAN C 8 14255 SW 97TH HAMILTON-GRAY TRACEY H TIGARD,OR 97224 9430 SW INEZ ST TIGARD,OR 97224 2S1176A-11500 2S111AB-07800 FEKETE STEPHEN&GEORGINE GREEN DONALD N JR AND 9453 SW ELROSE ST MARJORIE M TIGARD,OR 97224 9385 SW INEZ TIGARD,OR 97224 11 BA-0010 2S111 BA-10000 FE EPHEN 8 GEORGINE GREENWOOD EDWARD C&KIMBERLY A 9453 OSE ST 9459 SW BROOKLYN LN T ARD,OR 97224 TIGARD,OR 97224 2S 111 AB-08600 2S 711 AB-03000 FERGUSON DONALD W GRIFFIN CHARLES R AND BARBARA K JULIE A 14175 SW 93RD AVE 74425 SW 94TH CT TIGARD,OR 97224 TIGARD,OR 97223 2S1118A-01500 2S111BA-00715 FREDERICK SCOTT G 8 KATHLEEN R HARBOUR KELLY& 9755 SW INEZ ARMSTRONG ROBERT TIGARD,OR 97223 14152 SW 97TH AVE TIGARD,OR 97224 2S111A8-03300 2S111BA-09300 FRENI THOMAS E AND HARLEY ROBERT A LYNNE-FRENI TRACIE 14440 SW 97TH AVE 9430 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S111AB-07800 2S111BA-10300 FRIAR GARY E&CYNTHIA I HARLEY ROBERT A 8 NATALIE J 14170 SW 93R0 AVE 14440 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 BA-09700 2S 7 7 7 BA-07400 FROEBER JEFFREY D 8 CARI L HEATON JOHN C 9527 SW BROOKLYN LN 14350 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-07 s00 2S 111 AB-02400 GERSPACH DIANE JEANNINE HERN MICHIKO 14200 SW 93RD 9340 SW MOUNTAIN VIEW LN TIGARD,OR 97224 TIGARD,OR 97224 2S111AB-02900 2S171BA-01201 GOODHOUSE JOHN JAY HOUCK FAMILY LIMITED PARTNERSHIP 9345 SW MOUNTAIN VIEW LN P O BOX 4114 TIGARD,OR 97224 SALEM,OR 97302 2S111BA-0A600 2S111BA-09800 HUGHES DAVID A AND VICKIE M LIAO JIANMIN 9435 SW MTN VIEW LN PAN CHEN TIGARD,OR 97224 9519 SW BROOKLYN LN TIGARD,OR 97224 2S111BA-10800 25111AB-09000 HUMPHREY THAD D&WENDY W MAGEE THOMAS G AND 9543 SW EIROSE ST DODGEN-MAGEE DaREEN TIGARD,OR 97224 9365 SW VIEW TERRACE TIGARD,OR 97223 2S711BA-10900 2S111BA-05200 JACKSON LIVING TRUST MARTIN WILLIAM L&DEBORAH A BY JACKSON ROBERT M/NITA J TRS 9730 SW ELROSE ST 9547 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S t 11 AB-08900 2S 1�1 BA-06500 JORDAN JO A MAWHIRTER ARLIE L TR 9395 SW VIEW TERR 13960 SW 100TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2 11 BAA8300 2S 111 BA-06600 JUB CE OWNERS OF MAWHIRTER IRENE TR LOT -5 D 7-9 13960 SW 100TH AVE , 0000 TIGARD,OR 97223 2S111BA-07200 2S111BA-07700 KANBERGS KARLIS 8 MCGRAW JOAN E STEYAERT LYNN L 9502 SW VIEW TER 9443 SW INEZ TIGARD,OR 97224 TIGARD,OR 97224 2S1118A-11200 2S1116A-07000 KERKERING RODNEY B 8 DONNA MCKITTRICK LADD C&LYNNE M 13759 SW WALNUT AVE 9487 SW INEZ ST TIGARD,OR 97223 TIGARD,OR 97224 2S 711 BA-05000 2S 111 AB-05700 KING ROBERT BRIAN AND MCLAIN ERVIN ROGER&JANICE V ANDREA DEWEY 9260 SW MTN VIEW LN PO BOX 12224 TIGARD,OR 97224 ZEPHYR COVE,NV 89448 2S111A6-02500 2S771A6-08400 KLUEMPKE RICHARD G AND MCNAMEE PAUL G&BARBARA A ROSEMARY E 14420 SW 94TH CT 9380 SW MTN VIEW LN TIGARD,OR 97224 TIGARD,OR 97223 2S 111 BA-08100 2S 711 BA-07900 KOHLMAN ED HERMAN 8 KRISTIE JO MILKOWSKI RYAN&LESLIE 9558 SW JUBILEE 9480 SW VIEW TER TIGARD,OR 97224 TIGARD,OR 97224 2S 111 BA-078()0 2S 111 BA-01700 MORAN PHILIP H&JOAN H PALM FRANK L DORIS O 9471 SW VIEW TER 14325 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S111 AB-09200 2S 7 7 t BA-0ts0o MYERS ERIC D 8 PALM ROY D NORMA J 20830 NE BIG FIR LN 14365 SW 93RD DUNDEE,OR 97115 TIGARD,OR 97224 2S117BA-00114 2S111BA-07600 MYERS REED D 8 DEBRA R PASERO MARK G&SHARON M 9525 SW ELROSE ST 9567 SW JUBILEE CT TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-06400 2S 111 AB-09100 NEWHOUSE LLOYD C AND REBECCA N PETERMAN ALAN L AND 9280 SW VIEW TERRACE MITCHELL STEPHANIE J TIGARD,OR 97224 9335 SW VIEW TERRACE TIGARD,OR 97224 2S171BA-07300 2S111BA-10100 NGUYEN DANH T& PRESLEY TIMOTHY R 8� BUI NHUNG K PRESLEY TEMARA SANDERS 14320 SW 97TH AVE 9441 SW BROOKLYN LN TIGARD,OR 97224 TIGARD,OR 97224 ZS111BA-05300 2S1116A-00303 NICHOLSON JAMES W& PREWITT LINDA SUE CATHERINE C 14077 SW 97TH AVE 14120 SW 94TH PL TIGARD,OR 97223 TIGARD,OR 97223 2S 717 AB-07700 2S 111 BA-117 00 NILSEN JEFFREY C 8�CIN�Y L RAINBOLT KENNETH W 8 CAROL A 9425 5W INEZ ST 9526 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S111 BA-05400 2S111 BA-01200 OSTROW LEONARD C&KATHRYN A RANSDELL DAVID&SALLY 14130 5W 97TH PLACE 14270 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-00100 2S111A8-08100 OTTO AASE B ROCHELD MICHELLE C 14200 SW 97TH AVE 14425 SW 92ND AVE TIGARD,OR 97224 TIGARD,OR 97224 11BA-00 7 2S111BA-11600 OTT E B ROSS JEFFREY A&GAYLA 1420 AVE 9515 SW ELROSE ST TI ARD,OR 97224 TIGARD,OR 97224 � 11 BA-0 2S 111 AB-02700 ROS FREY A 8 GAYLA SHROCK WALTER W& 951 LROSE ST COOK DONALD PHILIP CO-TRUSTEES ARD,OR 97224 9425 SW MOUNTAIN VIEW LN TIGARD,OR 97224 2S 111 BA-05100 2S 111 BA-07500 RUSSELL LORETTA N SMITH DAVID H& 14115 SW 97TH AVE BATCHELOR WENDY A TIGARD,OR 97224 9582 SW JUBILEE PL TIGARD,OR 97224 2S 111 AB-02000 2S 111 BA-00105 SANDERS JOSHUA E STROHECKER LARRY S& 9265 SW MOUNTAIN VIEW LN DIANE L TIGARD,OR 97224 14050 SW 97TH AVE PORTLAND,OR 97224 2S 111 BA-07100 2S 17 7 AB-08800 SCHOENBRUN STEVEN JlKAREN TAKEDA JENNY& 9465 SW INEZ ST TAKEDA CHIJO TIGARD,OR 97224 9435 SW VIEW TERR TIGARD,OR 97224 2S111BA-05500 11BA-082 SCHOESLER RONALD D TIGA Y OF 14140 SW 97TH PL 1312 ALL TIGARD,OR 97224 T RD,OR 7223 2S 17 7 AB-02600 111 AC-027 SCHOOLER DAVID K UNI H SCHOOL DISTRICT 9420 SW MOUNTAIN VIEW LN NO. TIGARD,OR 97223 0000 2S 111 AB-03100 2S 111 AB-08200 SCHWARZ CHARLES& VALLEY RYAN C DIZNEY CARROLL 14415 SW 93RD AVE 14135 SW 93RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 171 AB-03200 25111 AB-08500 SCHWARZER GERTRUD E 8 PETER H VANGORDON DORIS TRUSTEES 14430 SW 94TH CT 9330 SW MCDONALD TIGARD,OR 97224 TIGARD,OR 97224-5932 2S 111 BA-09900 2S 111 AB-07900 SHANKLES H THOMAS 8 N JEAN VIROSTEK ROBERT A/KIMBERLY 9501 SW BROOKLYN LN 9366 SW INEZ ST TIGARD,OR 97223 PORTLAND,OR 97224 11 BA-102 2S 711 AB-02800 SHA MEADOWS VOLK VIRGIL V RUTH OWN OF LOTS 1-6 9385 SW MTN VIEW LN , 000 TIGARD,OR 97223 2S1tiBAAsoao WARREN RANDOLPH G&JANET L 9534 SW JUBILEE CT TIGARD,OR 97224 25111BA-00111 WASHINGTON COUNTY FACILITIES MGMT-ADMIN 111 SE WASHINGTON ST HILLSBORO,OR 97123 2S 111 BA-06900 WEBB DARWIN H 9529 SW INEZ ST TIGARD,OR 97224 2S1116A-11000 WHITE PAUL A&MICHELE K 9533 SW ELROSE ST TIGARD,OR 97224 2S 117 BA-09600 WHITEMAN RICHARD A 9535 SW BROOKLYN LN TIGARD,OR 97224 2S 111 AB-08300 WORTH PHILLIP S D&LYNN E M 8431 GLEN VIEW CT ORLANDO,FL 32819 Jack Biethan 11023 SW SummerField Drive, #4 Tigard, OR 97224 Kristen Miller 8940 SW Etlgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 CITY OF TIGARD - SOUTH flT SUBCOMMITTEE (pg. 1 of I) (i:lcurpinlsetupllabelslClT South.doc) UPDATED: June 18,2003 AFFIDAVIT OF MAILING `? CITY OF TIGARD Commu�iity 27eveCopment S(rapirtgA BetterCommunity I, �PatriciaG. Lu d being first duly sworn/affirm, on oath depose and say that I am a Scnior�minimat�iveSpecraGstfor the City of 7"�gar�asfiington County, Oregon and that I served the following: {Check Appropnate Box(s)Below} ❑x NOTICE OF FINAL ORDER FOR:i� CUP2003-00008/BINGHAM DUPLEX � AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director � Tigard Hearings Officer (10/15/2003) p Tigard Planning Commission ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibii"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B",and by reference made a part hereof on Nouember 4,2003,and deposited in the United States Mail on Nouember 4,2003, postage prepaid. � . zTt (Person Pr d Not� e) S'?�2�E O�F C� C�'i�j'o�?'�ga�f � Subscribed and sworn/affir ed before me on the /� day of � � ��/' , 2003. QFFICIAL SEAL " `��P J BENGTSC�N � ` J NQ7ARY PUBUGOREGON � COPdMISSION NO.36£3086 MY COMMISSION EXPIRES APR.27,2007 My Commission Expires: T � � � • E BIT_�__. I 20 DAYS = I l6/2003 cm oF noAao DATE OF FILING: 10/29/2003 Communiry mevelop�nt Shaping.A Better Community CITY OF TIGARD `iNashington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Numbers: CONDITIONAL USE PERMIT CUP 2003-00008 Case Name: BINGHAM DUPLEX Name of Owner: Houck Famil Limited Partnershi Name of Applicant: Wa ne Bin ham Address of Applicant: 14320 SW Barlow Court Beaverton Ore on 97008 Address of Property: On the east side of SW 97 Avenue south of the future Mountain View Lane extension Tax Ma /Lot Nos.: Washin ton Co. Tax Assessor's Ma No. 2S111 BA, Tax Lot 11800. A FINAL ORDER INfORPORATING THE FACTS, fINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A (ONDITIONAL USE. THE �ITY OF TIGARD HEARINGS OFFIfER HAS REYIEWED THE APPLIfANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REYIEWING AGENCIES, THE PLANNING DIYISION'S STAFF REPORT AND RECOMMENDATI4NS fOR THE APPLIfATION DESCRIBED IN FURTHER DETAII IN THE STAFF REPORT. THE HEARINGS OFFI�ER HELD A PUBIIf HEARING ON OCTOBER 15, 2003 TO RELEIYE TESTIMONY REGARDING THIS APPLIGITION. THIS DE�ISION HAS BEEN BASED ON THE FAQS, FINDINGS AND tONClUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: ➢ The applicant requested approval for a duplex on a 10,000 square foot parcel. At the end of the hearing, the Hearings Officer held the record open for one week to allow the City to submit a copy of the applicant's previous partition decision and the final partition plat to confirm the site size. At the close of the record, the Hearings Officer conditionally approved the application subject to the conditions of approval within this final order. Zone: R-4.5: Low-Density Residential District. Applicable Review Criteria: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18,765, 18.790, 18.795 and 18.810. Action: ➢ ❑ Approval as Requested � Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: 0 Owners of Record Within the Required Distance 0 Affected Government Agencies � Area Citizen Involvement Team � The Applicants and Owners The adopted findings of fact and decision can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THIS DECISION IS FINAL ON NOVEMBER 4, 2003 AND BECOMES EFFECTIVE ON NOVEMBER 20, 2003 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Review Authority is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON NOVEMBER 19, 2003. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by Wayne Bingham for a ) F I N A L O R D E R conditional use pernvt for a duplex on a 10,000-square foot ) lot east of 97th Avenue and south of the future Mtn. View ) CUP 2003-00008 Lane in the R-4.5 zone in the City of Tigard,Oregon ) (Bingham Duplex) A. SLTMMARY 1. The applicant, Wayne Bingham, requests approval of a conditional use permit to construct a duplex. The applicant proposed to construct the duplex on a 10,000-square foot lot created as part of a 3-lot minor partition, MLP2001-00013 (Bingham Partition). The site is east of 97th Avenue and south of the future Mountain View Lane extension(taJC lot 1201, WCTM 2S11BA (the "site"). The site and surrounding land is zoned R-4.5. The Staff Report dated October 3, 2003 (the"Staff Report") contains a history of City review and development on the site, which the hearings officer incorporates as his own. 2. Tigard Hearings Officer Larry Epstein (the"hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in the matter. At the hearing, City staff recommended conditional approval of the application. The applicant accepted the recommended conditions without exceptions. Two neighbors testi�ed orally. Other than service providers,no one testified in writing. Disputed issues in this case include: a. Whether the site contains 10,000 square feet; b. Whether area streets can accommodate increased traffic generated by the proposed duplex; and c. Whether the proposed duplex will affect the value of surrounding lots, and whether such impacts are relevant to the applicable approval criteria. 3. The hearings officer concludes that the applicant sustained the burden of proof that the proposed duplex does or can with the approval criteria for a conditional use pernut based on the findings and conclusions included and incorporated herein and subject to conditions at the end of this final order. B. HEARING AND RECORD 1. The hearings officer received testimony at the public hearing about this application on October 15, 2003. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planning manager Dick Bewersdorff summarized the Staff Report and recommended approval of the application subject to the conditions provided therein. He noted that the applicant recorded a final partition plat creating the site, although a copy of the plat is not in the record. He agreed to introduce to the record a copy of the final plat. If the site is smaller than 10,000 square feet,he recommended that the hearings officer add a condition of approval requiring that the applicant to adjust lot lines as needed so the site contains at least 10,000 square feet. CUP 2003-00008 Hearings D�cer Final Order (Bingham Duplex) Page 1 3. The applicant, Wayne Bingham, accepted the Staff Report and recommended conditions without exception. He testified that he intends to live next door to the site. He noted that the site is located on the east side of 92nd Avenue,not the west side as listed in the Staff Report. He testified that the site contains 10,000 square feet based on the recorded final plat. The dimensions shown on the site plan provided at the neighborhood meeting are incorrect. He waived his right to submit a final written argument. 4. Aase Otto testified in support of the application. She opined that the proposed duplex is consistent with the residential character of the area. 5. Dave Schooler summarized his written testimony. He argued that the site contains less than 10,000 square feet, based on the dimensions shown on the site plan that the applicant provided at the neighborhood meeting. He argued that the additional traffic generated by the proposed duplex will have a significant impact on Mountain View Lane. He opined that the proposed duplex is inconsistent with the existing neighborhood. 6. At the end of the hearing, the hearings officer held the record open for one week to allow the City to submit a copy of the partition decision and the final partition plat. The record in this case closed at 5:00 p.m., October 22, 2003. C. DISCUSSION 1. The Staff Report identifies the applicable approval standards for the application and applies them to the record in the case. The hearings officer agrees that the standards identified in the Staff Report are all of the applicable standards and finds that they are correctly applied to the facts of the case in the Staff Report. Substantial evidence in the record shows that the proposed use does or can comply with the applicable approval criteria for a CUP, and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent,reduce or mitigate potential adverse impacts of the development consistent with the requirements of the Tigard Development Code(the"TDC"). The hearings officer adopts thc findings in the Staff Report as his own,except to the extent inconsistent with the findings and conclusions in this final order. 2. The principal dispute in this case is whether the site contains at least 10,000 square feet, which is the minimum lot size for a duplex.TDC 18.330.OSO.B.14.a. The recorded partition plat, Partition Plat No. 2003-048, states that the site(Parcel 2)contains 10,000 square feet. However, based on the dimensions shown in the recorded partition plat, the site contains 9,999.86 square feet.l The question presented by these facts is whether to round-up the site size to 10,000 square feet or to require the applicant to file a lot line adjustment to add 0.14 square feet to the site. The TDC does not say whether fractional dimensions should be rounded up or down. a. The applicant could record a lot line adjustment to increase the size of the site to 10,000 square feet by increasing the site's north-south dimension by 0.06 inches. b. But the hearings officer finds that requiring a lot line adjustment for such a minute change is unreasonable. The hearings officer�nds that it is reasonable to round the dimensions to the nearest whole number,because there is no perceptible difference between a lot containing 9999.86 square feet and a lot containing 10,000.00 square feet. 1 Based on the recorded partition plat,the site appears to be a rectangle that is 139.78 feet east-west by 71.54 feet north-south. 139.78 x 71.54=9,999.86 square feet. CUP 2003-00008 Hearings O�cer Final Order (Bingham Duplez) Page 2 3. Mr. Schooler expressed concem that the additional traffic generated by the proposed duplex will have a significant impact on livability of existing homes. The issue of traffic impacts is relevant to TDC 18330.030.A.3. That is,the issue is whether public facilities (i.e., streets)have adequate capacity to serve the proposal. The hearings officer finds that the proposed duplex will generate only a minor increase in traffic volumes in the area. Based on the Institute of Traffic Engineers ("ITE")Trip Generation Manual, a single family dwelling generates an average of 10 vehicle trips per day,and a duplex(i.e.,a two- unit dwelling)creates about 20 vehicle trips per day. Mountain View Lane currently serves 7 or 8 parcels, based on Mr. Schooler's testimony and the maps in the record. With the two new dwellings created by the duplex,this street will carry fewer than 100 vehicle trips per day and about 10 peak hour trips. This additional traffic may be perceptible to area residents, but it will not exceed the capacity of streets or create a hazard. There is no substantial evidence to the contrary. 4. Property value and popular suppoR(or opposition)are not relevant considerations,based on the plain meaning of the words in TDC 18.330.030 and 18.330.OSO.B.14,which contain the approval criteria for this CUP.2 Moreover there is no substantial evidence in the record that the proposed duplex may or will affect property value. D. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed duplex does or will comply with the applicable criteria of the Community Development Code,provided development that occurs after this decision complies with applicable local,state,and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter,the hearings officer hereby approves CUP 2003-00008(Bingham Duplex), subject to the conditions of approval in the Staff Report. 2 TDC 18.330.030 provides as follows: The Hearings Officer shall approve,approve with conditions,or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size,shape, location,topography,and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050;and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780,Signs,and Chapter 18.360,Site Development Review,if applicable,are met. TDC 18.330.OSO.B.14 contains the following additional standards for duplexes: a. The minimum lot size shall be 10,000 square feet;and b. The remaining dimensional requirements of the underlying zoning district shall apply. CUP 2003-00008 Hearings Officer Final Order (Bingham Duplex) Page 3 DATED this 29th day of tober, 2003. Larry Epste' , s . AI P City of Ti ard d Use Hearings Officer CUP 2003-00008 Hearings Officer Final Order (Bingham Duplex) page¢ Agenda Item: 2.1 Hearin Date: October 15 2003 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITYOFTIGARD Commuraity��evelnpment FOR THE CITY OF TIGARD, OREGON ShapinflABelterCommu�tity 120 DAYS = 1/6/2004 SECTION I. APPLICATION SUMMARY FILE NAME: BINGHAM DUPLEX CASE NO: Conditional se Permit P CUP2003-00008 APPLICANT(S): Wayne Bingham 14320 SW Barlow Court Beaverton, OR 97008 OWNER(S}: Houck Family Limited Partnership PO Box 4114 Salem, OR 97302 PROPOSAL: The applicant is seeking approval to build a duplex on a 10,000 square foot parcel that was created as part of a 3-lot minor land partition in December of 2001. The partition was known as the Bingham Partition (MLP2001-00013}. LOCATION: The project is located on the West side of SW 97�' Avenue, and South of the future Mountain View Lane extension. WCTM 2S111BA, tax lot 1201. COMPREHENSIVE PLAN AND ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Telecommunication facilities are conditionally permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790 and 18.795. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit, will not adversely affect the health, safety and welfare of the City and meets the Approval Standards of the Tigard Development Code. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval. BINGHAM DUPLEX PAGE 1 OF 12 10/15/03 PUB�IC HEARING STAFF REPORT TO THE HEARINGS OFFICER CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE AND/OR BUILDING PERMITS: u mit to t e anning epartment ra i y, 7 , ext. 2 or review an approval: 1. Prior to the issuance of any building permits for the duplex, the applicant shall complete all improvements that were required by MLP2001-00013. FAILURE TO SATISFY THE CONDITION OF APPROVAL WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THE HEARINGS OFFICER'S DECISION SHALL RENDER THE HEARINGS OFFICER'S DECISION VOID. SECTION III. BACKGROUND INFORMATION Vicinit Information: e property is currently vacant. It is surrounded by single-family homes and some larger lots that are currently underdeveloped. Pro ert Histo : 7�1 inor an artition was approved for the property in December of 2001 (MLP2001- 00013). This is parcel 2 of that partition. The applicant indicated in the narrative of that partition that they would seek conditional use approval to construct a duplex on this lot. Site Information and Pro osal Descri tion: e site is ocate a ong ountain iew Lane. The site is relatively flat and vacant. The applicant is proposing to build a duplex on the lot. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 is s e se a egories. The applicant is proposing to build a duplex on the lot. Duplexes are permitted conditionally within the R-4.5 zoning district. Summa Land Use Permits: Chapter 18.310 e ines e ecision-ma ing type to which the land-use application is assigned. The proposed use is a Conditional Use permit which is a Type III-HO decision. The review is handled by a Type III-HO process and heard by the Tigard Hearings Officer. SECTION V. SUMMARY OF APPLICABLE CRITERIA A summar� o the applicable criteria in this case in the hapter order in which they are addressed in this report are as follows: A. 18.330 S ecific Conditional Use Criteria enera pprova ri eria Additional Conditions of Approval) BINGHAM DUPI.EX PAGE 2 OF 12 10/15l03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER B. A licable Develo ment Code Standards esi en ia oning is nc s 18.705 Access, Egress & Circulation) 18.715 Density Computations) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening� 18.765 Off-Street Parking and Loading Requirements) 18.780 Signs) 18.790 Tree Removal) 18.795 Visual Clearance) C. Street and Utilit Im rovement Standards 18.810 D. Tmpacf3 u SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be Permitted, enlarged or altered if the site is appropriate and if other appropriate condit�ons of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.390.050, using approval criteria contained �n Section 18.330.030A and subject to other requirements in Chapter 18.330. GENERAL APPROVAL CRITERIA FOR A CONDITIONAL USE: SECTION 18.330.030 e si e size an imensions provi e a equa e area or e nee s o e propose use; The parcel is 10,000 square-feet in size. 7,500 square feet is the minimum lot size that is required for a duplex in the R4.5 zoning classification. This report evaluates the proposal and necessary setbacks, landscaping, etc., and as demonstrated in the application and tfiis report, the site size is adequate for the needs of the proposed use. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; There are no specific limitations to the site with regard to the shape, location, topography or natural features that would hinder the development of the site with the proposed use. The site is suitable for the proposed development. All required public facilities have adequate capacity to serve the proposal; and All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site when the improvements that were required of the Minor Land Partition are completed. The final plat has been recorded for the minor land partition, and the financial surety has been posted for the improvements, but at this time none of the improvements have been completed. The applicable requirements of the zoning district are met except as modified by this chapter. The proposed site is located within the R-4.5 zoning district. As indicated earlier, duplexes are permitted conditionally. As discussed further in this report, the applicant has met or exceeded the requirements for the zoning district. BINGHAM DUPLEX PAGE 3 OF 12 10/15l03 PUBLIC HEARING STAFF REPORT TO THE HEARlNGS OFFICER The suQplementary requirements set forth in other chapters of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met or can be conditioned to be satisfied. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.390 Decision Making Procedures; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.715 Density Computations; 18.725, Environmental Performance Standards; 18.745, Landscaping and Screening; 18.765, Off-Street Parking; 18.790, Tree Removal; 18.795, Visual Clearance Areas; and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed further in this repo�t. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use are satisfied. ADDITIONAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE. ec ion . . s a es a e earings u or� y may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; Since this is an application for a duplex within a residentially zoned district, there is no evidence in the record to suggest that limitations on the manner of operation, hours, or days are warranted. Location of tfie structure is dictated by the dimensional standards of the underlying zone. This criterion is satisfied. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; The proposal would not likely generate any vibration, air pollution, odor, glare, noise, or dust that would be considered out of character for any other residentially zoned property. This criterion is satisfied. Requiring additional setback areas, lot area, and/or lot depth or width; The lot is large enough to accommodate the proposed building that is to be constructed. The proposed use will exceed the side yard setbacks of the underlying zone, and will meet the front and rear yard setbacks as required by this chapter: Dimensional criterion is discussed in more detail further in this report. This criterion is satisfied. Limiting the building height, size or lot coverage, andlor location on the site; According to the site plan, the impervious surFace will cover roughly 64% of the site. There is no maximum lot coverage requirement in R-4.5 zoning classification. The applicant also states that the building will not exceed 24 feet in height. The maximum allowed height in the R-4.5 zonin� classification is 30 feet. Location on the site has already been discussed. This criterion is satisfied. Designating the size, number, location andlor design of vehicle access points; BINGHAM DUPLEX PAGE 4 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The applicant is proposing to access off of SW Mountain View Lane, which the applicant was required to construct with the partition. There are two proposed accesses from the street to serve the development. Each access is proposed to be 20 feet wide. The development code requires a minimum of one, 15-foot access. Access is discussed in more detail later in this report. The criterion can be satisfied. Requiring street right-of-way to be dedicated and street(s) to be improved; The site has frontage on SW Mountain View Lane. The applicant was required to construct the improvement as a condition of approval for the Minor Land Partition. There is no further need for additional right-of-way, or street improvements. This criterion is satisfied. Requiring landscaping, screening, drainage and/or surFacing of parking and loading areas; These items are addressed later in this report. As conditioned, the proposal will meet the prescribed requirements of the Tigard Development Code (TDC). Limiting the number, size, location, height and/or lighting of signs; The applicant is not proposing any signs. Any subsequent need for signage will require that the applicant obtain a sign permit prior to placement. This criterion is not applicable. Limiting or setting standards for the location and/or intensity of outdoor lighting; The site plan indicates no additional lighting other than those required as part of the street improvements. There is no evidence in the record to suggest that the lightin� for this building would be any different from the lighting that is used by the surrounding residences. If there are complaints filed with re ard to lighting of the site, an investigation will be initiated by the Tigard Code Enforcement �fficer, and citations will be issued where warranted. Rec�uiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; The applicant has satisfied all of the dimensional requirements of the underlying zoning district and exceeds the side yard setback on both sides of the duplex. The applicant has also indicated that the landscaping would include street trees, existing trees, and lawn. Since the property is residentially zoned, and the property is being developed with a residential use, no additional landscaping is required. Requiring and designating the size, height, location and/or materials for fences; The applicant has not proposed any fencing for the project. There is no requirement for fences or screening for this use. This criterion is not applicable Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; There are no trees, watercourses, habitat areas, or drainage areas associated with this site. Soil and vegetation protection will be required as part of standard construction/erosion control methods. This criterion is satisfied. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and The property is not adjacent to the floodplain. This criterion is not applicable. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. BINGHAM DUPLEX PAGE 5 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER The property is not adjacent to the 100-year floodplain. This criterion is not applicable. ADDITIONAL DEVELOPMENT STANDARDS FOR CONDITIONAL USE TYPES: SECTION eT�di�ional development standards are specific criteria that must be considered at the time of application for a conditional use. The criteria states that there shall be a 10,000 square foot minimum lot size required for duplexes, and that the dimensional standards of the underlying zoning district must be satisfied. The subject site is a 10,000 square foot lot, and the applicant's proposal has satisfied all of the dimensional standards of the R-4.5 zone. This criterion is satisfied. B. APPLICABLE DEVELOPMENT CODE STANDARDS RESIDENTIAL ZONING DISTRICTS (18.510) The - . zonin�is ric is esign�� accommodate detached single-family homes with or without accessor� residential units at a minimum lot size of T,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and inst�tutional uses are also permitted conditionally. Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2 below: The subject site and the surrounding properties are all designated R-4.5 Low-Density Residential. EXCERPT FROM TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4.5 PROPOSED Minimum Lot Size - Detached unit 7,500 sq.ft. N/A - Duplexes 10,000 sq.ft. 10,000 sq. ft. -Attached unit 1 Average Minimum Lot Width -Detached unit lots 50 ft. N/A -Duplex lots 90 ft. 139.78 ft. -Attached unit lots Maximum Lot Covera e 2 - - Minimum Setbacks - Front yard 20 ft. 20 ft. -Side facing street on 15 ft. N/A corner&through lots -Side yard 5 ft. 28 ft. each side - Rear yard 15 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district N/A - Distance between property line and front of ara e 20 ft. 20 ft. Maximum Hei ht 30 ft. 24 ft. Minimum Landsca e Re uirement - - [1] Single-family attached residential units permitted at one dwelling per lot with no more than five attached units in one grouping. [2] Lot coverage includes all buildings and impervious surfaces. FINDING: As proposed, the project meets or exceeds all of the required dimensional standards of the R4.5 zoning classification. BINGHAM DUPLEX PAGE 6 OF 12 10/15/03 PUBL�C HEARING STAFF REPORT TO THE HEARINGS OFFICER ACCESS, EGRESS AND CIRCULATION (18.705) Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The nearest collector to this project is SW McDonald Street. Therefore, this criterion is not applicable to this project. 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 s�acing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local stree} shall be 125 feet. SW Mountain View Lane is classi�ed as a local street and, therefore, the driveway spacing does not apply. Public street access. All vehicular access and egress as required in Sections an . 05.0301 shall connect directlx 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. The duplex will have access onto SW Mountain View Lane. Mountain View Lane is a public street. This standard is met. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Minimum access requirements for residential use. 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 tfie following: A circular, paved surFace having a minimum turn radius measured from center point to outside edge of 35 feet; 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;. The maximum cross slope of a required turnaround is 5°/a. There are no access drives in excess of 150 feet. The access is directly off of SW Mountain View Lane and each garage is no more than 20 feet from the right-of-way. This criterion is satisfied. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), ma� 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; There are no driveways associated with this project that are greater than 200 feet in length. This criterion is satisfied. BINGHAM DUPLEX PAGE 7 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER 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. There is no access onto either a collector or an arterial for this development. This criterion is not applicable. DENSITY COMPUTATIONS: CHAPTER (18.715} 18.715.020 Density Calculation The applicant previously addressed the density calculations with the Minor Land Partition. At the time the parent parcel was developed, fhe density of this duplex was considered to ensure that the maximum density of the overall site was not exceeded. The maximum number of units that were available to the parent parcel was seven, and the minimum available to the parcel was five. With approval of the duplex, the applicant will have attained the minimum density of five units on the parent parcel. The standards of Chapter 18.715 have been previously satisfied. ENVIRONMENTAL PERFORMANCE STANDARDS —CHAPTER (18.725) �ire� ia te era an s a e environ�al aws, ru es an regu ations be applied to development within the City of Tigard. Section 18.725.030 PerFormance Standards regulates: Noise, visible em�ssions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-0'15 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district, which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohib�ted. DEQ rules for odors {340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodliyhts or from high tem perature processes such as combustion or weldin�, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to si�ns or floodli�hts in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. There is no evidence in the record that would suggest that any problems associated with noise, emissions, vibrations, odors, glare and heat, or insects and rodents would result from this specific development. BINGHAM DUPLEX PAGE 8 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FINDING: Based on the information provided by the applicant, the use of the property will conform to the above requirements. If for some reason the above standards were in question, and it was subsequently found that the use was out of compliance with any of the above standards, the property owner would be subject to code enforcement, court review, possible fines, and revocation of the Conditional Use Permit. A search of City records does not indicate any code enforcement issues associated with the existing use. LANDSCAPING AND SCREENING CHAPTER 18.745 � ree rees: ection . . s a es a a evelo ment ro ects fronting on a public street shall be required to plant street trees p n accor�ance with Section 18.745.040.0 Section 18.745.040.0 required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The applicant has already provided a street tree plan as part of the design for the half-street improvements along SW I�ountain View Lane. That design has been previously approved. This criterion is satisfied. Land Use Buffering and Screening: Buffering and Screening is required between different types of land uses. The proposed duplex is in a residential zone and is adjacent to residential uses on all sides. Therefore, there is no buffer requirement for this project. This criterion is satisfied. OFF-STREET PARKING AND LOADING (18.765) This �er is ap ica e or eve opmen projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The proposed project will create 2 new dwelling units. The TDC requires that attached single units provide one off-street parking space per unit. In this instance, the applicant is required to provide two spaces. The applicant has proposed a two car garage for each unit, and two parking spaces withm the driveway for each side of the duplex. This criterion is satisfied. TREE REMOVAL— CHAPTER 18.790: Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees 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. There are no trees on this parcel. The applicant was conditioned to place street trees on the site as part of the street improvements to SW Mountain View Lane. The criterion of this chapter is not applicable. VISUAL CLEARANCE AREAS — CHAPTER 18.795: Visual Clearance Requirements: Section 18.795.030 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. BINGHAM DUPLEX PAGE 9 OF 12 10l15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Additional topoqraphical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. Non-arterial streets. Non-arterial streets 24 feet or more in width. At all intersections of two 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. FIGURE 18.795.1 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS . hlvu�' t2r;�a,� . � �... ��.�oF �tc�e�i Y . I �.., .., �� - . . � � � :.. . . -��'�� . � �..: �o� 4°' 3°' C-�s(R}of �,� �, -- ��f w,.y ,�,-�.t The applicant has identified visual clearance areas on the plans and staff has visited the site. There are no obstructions to the visual clearance areas. Any violations of the vision clearance triangle will be handled by code enforcement proceedings. This criterion is satisfied. STREET AND UTILITY IMPROVEMENTS STANDARDS CHAPTER- 18.810: Although this chapter was listed as an applicable chapter, the criterion of this chapter have been satisfied b�r completion of the improvements required by the Minor Land Partition that was completed in December of 2001 (MLP2001-00013). As indicated earlier in this report, all public facilities including streets, s�orm and sanitary sewers, and water have adequate capaaty to serve the site when the improvements that were required of the Minor Land Partition are completed. BINGHAM DUPLEX PAGE 10 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER FINDING: The final plat has been recorded for the minor land partition, and the financial surety has been posted for the improvements, but at this time none of the improvements have been completed. In order to have adequate facilities and services, the required improvements must be completed. CONDITION: Prior to the issuance of any building permits for the duplex, the applicant shall complete all improvements that were required by MLP2001-00013. D. IMPACT STUDY: ec ion . . . e states that the applicant shall provide an impact study to quantify the effect of development on pubfic facilities and services. For each public facility system and type of impact, the stud�r shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real propertx interests, the applicant s�iall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. The report substantiates that all services are capable of serving the site. The applicant has proposed to make the necessary improvements. Based on the condition of approval and findings of fact within this report, there are no unmitigated impacts as a result of this development to any public systems. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this application and offered no comments. The City of Tigard Engineering Department was sent this proposal and stated that all of their concerns were previously addressed with the minor land partition of this property. City of Tigard Property Manager has reviewed this application but offered no comments. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this application and offered the following comments: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: ccess roa s s a e wit in ee o a portions o t e exterior wa o t e irst story o t e building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) The �roposed fire apparatus turn around is approved. No parking signs shall be provided in the turn around. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roa s s a ave an uno structe wi t o not ess t an eet eet for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. UFC Sec. 902.2.2.1) Where fire apparatus roadways are less than 28 feet wide, "NO PA�KING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less BINGHAM DUPLEX PAGE 11 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. (UFC Sec. 902.2.4) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less t an eet an feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) GRADE: Private fire apparatus access roadway grades shall not exceed an averageg rade �ercent with a maximum grade of 15 ercent for lengths of no more than 200 feet. Intersections and turnarounds shall be level �maximum 5%) with the exception of crowning for water run-off. Public streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS: Fire hydrants for sing e ami y we ings, up exes an su - ivisions, s a e p ace at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more t an eet rom an approve ire apparatus access roadway. (UFC Sec. 903.4.2.4) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the insta ation o re ective mar ers. e markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow or sing e ami y we ings an up exes s a e , ga ons per minute. If the structure(s) is are) 3,600 square feet or lar er, the required fire flow shall be determined according to U�C Appendix Table A-III-A-1. �JFC Appendix III-A, Sec. 5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved ire apparatus access roa ways an ire ig ting water supp ies s a e installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) Please contact Eric McMullen at (503) 612-7010 with any additional questions. Clean Water Services was given the opportunity to review this proposal and submitted no comments or objections. /t� �-� 10/3/03 PREPARED BY: Brad Kilby DATE Associate Planner 10/3/03 APPROVED BY: Richard B rsdorfF DATE Planning anager BINGHAM DUPLEX PAGE 12 OF 12 10/15/03 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER �VIEW CT • � • • OEOOR�PHi� iNipRM�T10N SvSTEM YICINITY M�i� T MCDONALD T CUPZ003-00008 Q BINGHAM DUPLEX _ � � � �ATZE� ELROSE ST � T os V a ELROSE CT cfl V I— _ = Q F-� � � � _ W MOUNT � � �/[�'^.� `�r/. .��S�SFFR F— `Y`/ � i �, t:. �, I. ) � RU....' .L_.r . ... Y.-- � — rta" �1 �,�•�-- : W '�� •� � --� ��/ , -�-� � .'. � , . a---._...;..4. -j� ��•. - _ � ; �, , r ,�> > i VIEW TERR V r �_ :} ^`_,q': �H�- � _� �' eur�rcy� ., ERR � �j d�w.F� �, — - ,_ ,, . �' � W� �. nEEr�r+v i �i�.�.1_av - � � � � ��,i � � `' . 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CUP2003 00008 5� P� N BINGHAM DUPLEX Ma is not to scale CUP2oo3-00008 EXHIBIT� Wayne Bingham BINGHAM DUPLEX 14320 SW Barlow Court "NOTICE OF FINAL ORDER BY THE HEARINGS Beaverton, OR 97008 OFFICER" Houck Family Limited Partnership Alan Peterman PO Box 4114 9335 SW View Terrace Salem, OR 97302 Tigard, OR 97224 Aase Otto Wendy Batchelor Smith 14200 SW 97th 9582 SW Jubilee Tigard, OR 97224 Tigard, OR 97224 Dave Schooler David A. Hughes 9420 SW Mountain View Lane 9435 SW Mountain View Lane Tigard, OR 97224 Tigard, OR 97224 Virgil & Ruth Volk 9385 SW Mountain View Lane Tigard, OR 97224 Richard & Rosemary Kluempke 9380 SW Mountain View Lane Tigard, OR 97224 Walter W. Shrock 9425 SW Mountain View Lane Tigard, OR 97224 John Goodhouse 9345 SW Mountain View Lane Tigard, OR 97224 Michael & Kari Carlson 9455 SW Mountain View Lane Portland, OR 97224 Kenneth Hern 9340 SW Mountain View Lane Tigard, OR 97224 � . . .. �,��s�r: B K;16 CITY OF TIGARD PLANNING DIVISION � 13125 SW HALL BOULEVARD TIGARD� OR 97223-8189 �C'�� 503.639.41T1/503.684.7297 ��/+ ��O C' OREGONARD v 1 ?O 4 , LAND USE PERMIT APPLICATION °�qNN�NroFT� �� File# C(,(.P "' po>•— �� Other Case # �Nf Date � ('-f a � By C ��.� Receipt# c�� ' ��f� City � Urb ❑ Date Complete�� TYPE OF PERMIT YOU ARE APPLYING FOR ❑ AdjustmenWariance (I or II) ❑ Minor Land Partition (II) ❑Zone Change (III) ❑ Comprehensive Plan Amendment(IV) ❑ Planned Development (III) ❑Zone Change Annexation (IV) �Conditional Use (III} — ❑ Sensitive Lands Review(I, II or ill) ❑ Zone Ordinance Amendment (IV ❑ Historic Overlay(il or III} ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) ress i avai a e q�j I � * 953d 5. l.v. Wtauv�`�wi� �f iQW �„ctkt 25 t I l BA - o I 20 l lo,00o sLuqve -�ee�- �4. 5 l�t�a v.e l�. �3't v� �a w� �'4-320 S.l�l, �ar ,ow �'our� , �ca�ver��'ov� � �YC�ov� q7008 5'd 3 - �4 6 - 78 9 9 �a 3 - �{- 3 0 - 01 Z O �ay� $i K �a� �a3 2 24 - O l�' 3 �wdY k� a is i more an one H o c�l C�K �a.rh,l �� l.i w�i+e d �ar"�v�e�s'I�i Po. 6ax 4t14 , S4`�� , 4re�o�. 9�3vZ 50� - 5'�l - oroo 5a3 - 585- 8� 1 I 'When the owner and the applicant are different people, the applicant must be purchaser of record or a lessee ir possession with written authorization from the owner or an agent of the owner. The�ners must sign this application in thE s ace rovided on the back of this form or submit a written authorization with this a lication. ease e speG ic We r•d O.rC' p �o�t i c� a. ce. e�x olti i r Yo Pil �i'c a ��t.C o i" �C w 1r N�.�� ou � av� YE' � K l bu..rt �� ! R C �G�t.� � Ca �. No � �/ K 0 ou APPLICATIONS WILL � BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS OESCRI�ED IN THE "BASIC SUBMITTAL REQUIREMENT8" INFORMATION 8HEET. � � 1 07/2a/2003 15:49 5035858911 HOUCK ASSOCIPT�S LLC PAGE 82/02 � �:�-'sd-�3 10:�5A� fRON-SLX �Oa-�Z4-4936 T-871 P.O1/O1 F-440 THE APPLICAN7 SHALL CERTIFY THAT: � �f t;�e application is granted, the applicant shall exerclse the rights grented in accordance with the terms and subje�t to all the conditions and limitaGons of the approval. • All the ab�ve statements and the statements in the pfot plan, attachman�s, and exhibits transmitted herewith, are true; and the appllcants so acknowledge thaf any permit issued, based ^�� ihis application, map be revoked if it is founa that any such statements are false. • The applicant has read the entire contents of the application, inctuding the policles and criteria, and understands the requlrements for approving or denying the application(s). SI�NATURES OF ACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. ? � � � - 0 -� er's Sign ur � � pate c . Owner's Signature . Date Owner'e Slpnature Date Owner�s Signature Date �wner's Signature Date �f2 �- 63 Applic AgenVReprmsentativ s 3ignalure . . pate �pA�1�nVAgentlReprese�tative's SJgnature Date �- � CITY OF T�GARD Commurrity�Dez�elopment S�api�ig��-Brtter��orunri�riity LAND USE PROPOSAL DESCRIPTION 120 DAYS = 1/6/2004 FILE NO.: CONDITIONAL USE PERMIT (CUP) 2003-00008 FILE TITLE: BINGHAM DUPLEX APPLICANT: Wayne Bingham OWNER: Houck Family Limited Partnership 14320 SW Barlow Court PO Box 4114 Beaverton, OR 97008 Salem, OR 97302 REQUEST: The applicant is requesting approval for a duplex on a 10,000 square foot parcel. Lh� LOCATION: The subject property is located on the �t side of SW 97th Avenue, south of the future Mountain View Lane extension; WCTM 2S111 BA, Tax Lot 11800. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.390, 18.510, 18.705, 18.715, 18.725, 18.745, 18,765, 18.790, 18.795 and 18.810. CIT AREA: South DECISION MAKING BODY BELOW: ❑ TYPE I ❑ TYPE II � TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: SEPTEMBER 17, 2003 DATE COMMENTS ARE DUE: OCTOBER 1, 2003 �HEARINGS OFFICER (WED.) DATE OF HEARING: OCTOBER 15, 2003 TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ❑ STAFF DECISION (TENTATIVE) DATE OF DECISION: COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION � VICINITY MAP � UTILITY PLANS � LANDSCAPE PLAN � SITE PLAN ❑ NATURAL RESOURCE � IMPACT STUDY � NARRATIVE ASSESSMENT RPT. ❑ STORM H20 ANALYSIS STAFF CONTACT: Brad Kilbv, Associate Planner (503) 639-4171, extension 2434 PUBLIC FAClLITY PLAN Project: ��ngham Partition COMPLETENESS CHECKLIST Date: 8/18/03 GRADING � Existing and proposed contours shown. � Does proposed grading impact adjacent parcels? ❑ Yes � No � Adjacent parcel grades shown. STREETISSUES Right-of-way clearly shown. Centerline of street(s) clearly shown. � Street name(s) shown. � Existing/proposed curb or edge of pavement shown. � Street profiles shown. � Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact Report NA � Street grades compliant? � Street widths dimensioned and appropriate? ❑ Private Streets? Less than 6 lots and width NA appropriate? ❑ Other: SANITARY SEWER ISSUES � Existing/proposed lines shown. � Stubs to adjacent parcels required/shown? WATER ISSUES � Existing/proposed lines w/ sizes noted? � Existing/proposed fire hydrants shown? � Proposed meter location and size shown? � Proposed fire protection system shown? STORM DRAINAGE AND WATER QUALITY ISSUES � Existing/proposed lines shown? ❑ Preliminary sizing calcs for water quality/detention NA provided? ❑ Water quality/detention facility shown on plans? NA ❑ Area for facility match requirements from calcs? NA ❑ Facility shown outside any wetland buffer? NA � Storm stubs to adjacent parcels required/shown? The submitt I is hereby deemed � COMPLETE ❑ INCOMPLETE By: Date: 8/18/03 REVISED: 08/18/03 � September 8, 2003 CITY OF TIGARD Wayne Bingham OREGON 14320 SW Barlow Ct. Beave�ton, OR 97008 RE: Bingham Duplex CUP2003-00008 Letter of Completeness Dear Mr. Bingham, The City of Tigard received your application submittal for a duplex on August 14, 2003. The development site is located at 2S111 BA, Tax Lot 1201. This letter is to inform you that your application has been deemed complete and is scheduled for public hearing. The public hearing for this matter is scheduled for October 15, 2003. If you have any questions, please contact me at (503) 639-4171, x2434. Sincerely, �� c Brad Kilby � Associate Pfanner cc: Land Use Casefile No. CUP2003-00008 13125 SW HaA Blvd., Tigard, OR 97223(503)639-4171 TDD(503)684-2772 � � Project:_� �6+►6�n..�Ie� �aQ?3-004b$ LAh�D �SE APPLIC�"ION Date:__� -_�_�� C4MPLETENESS REVIEW u �-OMPLETE ❑ INCOMPLETE T DARD INFORMATION: Deed/Title/Proof Of Ownership [� Neighborhood Mtg. Affidavits, Minutes, List Of Attendees Impact Study(18.390) ❑ USA Service Provider letter � � ❑ # Sets Of Application Materials/Plans �Pre-Application Conference Notes ❑ Envelopes With Postage (Yerify (ount) p�iQJECT STATISTICS: �� ,Building Footprint Size ❑ °/a Of Landscaping On Site ❑ % Of Building Impervious Surface On Site 0` Lot Square Footage DI ENS ONED: :Building Footprint ❑ Parking Space Dimensions(Include Accessible&Bike Parking) � e Q� Building Height ❑ Access Approach And Aisle ❑ Visual flearance Triangle Shown ADDITIONAL PLANS: ; Vicini Ma � Architectural Plan Q� Tree Inventory C� ty P [� Existing fonditions Plan ❑ landscape Plan [✓� Site Plan ❑ Lighting Plan TREE PLAN/MITIGATION PLAN: °a o -- ADpITIONAL REPORTS: (list any special reports) ❑ � ❑ � ❑ ❑ E 0 APPLICABLE CODE SECTIONS: I 8.620�r�a i�� o� sn�a�� I S.T6S(OH-Sveet Puking/Lwding kquiRmenu) 18.330�c.�e�c«��u�� ❑ e� e� ❑ I 8.340(ui�ecror:�wpreaoo�) ❑ I 8.630(Wuhi�qu��sq�ue kro��c�ar) ❑ I 8.715(sens�ure�es kriew) ❑ 18.350(�ee u��opmeo� � 18.705µccess�gRss/urcu�uai) ❑ 18.180(�g�sl ❑ I 8.360�«o�� ❑ I E.�I O(Accestory Iksidm0�l Unitt) ❑,� I 8.185 R��u�r��a� ❑ I 8.370(Yui�nces/uejusmrcna) l�I 8.7I 5(Densiry Compunuons) [�;' I 8.190(free kmonl) ❑ I 8.380�c��g n�Rut��e��a� ❑ I 8.120��c«��oa�q s�,a�� [/� I 8.795�r��a�«�u� � I a.3ES(Nixetl�nea�s PerminJ � I 8.7�5(Ennronmennl Pertomunce Snnduds) ❑ I SJ97�w��a��r o�a�n► I B.39O(Deasion M�king Praedurcs/Imp�a Smdr) ❑ I B.�3O(E:cep6ons To Development Swduds� �I B.79B(V�uekss Cam�uniabon FadGOes) ❑ I 8.41 O�t tine Aejusmxo�) ❑ I 8.740��o��o�n�r� I 8.810(sue«a ueury Mp�meoc sr�du�) � I S.4�O(lmd Putioons) ❑ 'I 8.742(�ome ocap�oon Permts) ❑ I 8.430�ubeirisions) � I 8.145(lmeu�ping E saeening snnduds) Q I S.S I O(ksideno�l Zoning Disuicu) ❑ �8.�50(M�nu(acwrtd/Mobil Nome kgu�oons) � I E.SZO(Commerci�l 2oning Distric�) ❑ I 8.755�nixed Sdid Wuk/kryding Smnge) ❑ I E.$3O(Indusui�l loning Districu) ❑ �8.76�(Noncon(omiing Sim�oans) ADDITIONAL ITEMS• I:�curpin�masters�revisedUand use application completeness review.dot REVISED: 17-Jan-01 �. �'�Ui 24. 2(!,i3- 7� 2?AM ��0. 3�94 � 2 � � W��^�°°°�.°��°°^ zooz-437564 oaroln.aoZ��:�o:ai aM o�ir cM.� wr+� cwHin __ fuAO��ao iH.a•��t�1.171 bD �ii�liiEi�di��ii�r►�i►�i »�»ii��u�7ii�� 1 4720070C3��6�OD200Z6 0001 1 4 d.rrr Nw�n arw.f ar....o.ti.�d T.u�n v+l NL�luu t.�nY q•n i••w..nlnarn C.iny� �.n�nM uM/1�4 w��FM�n�VNT.��A�•onn� i nor�n�H�w�ww�In�w��YMweord��f �,) d�[Nnry. ],,,��- `� (�`�'��.�ww L.ryw�hn.wy GY�d.r1�.�.i•�rn.M.rlTwl.1 � 6WIA��CourfY G1� NON-MER�ER DEED IN LIEU OF FORECL05URE TfiT3 DEBD,mid��hic 25'"day of Jaauuy,2002,Drlwern'C.P.B. PROPERTIES,INC.,tho Graator,nnd HOUCK FAMlLY LIMITED PATtTNERSHiP, ihc Grenta. Gran�cc ix�hc morlgagcc o!�hst certoin mottgnge yvrn by Grantor to Grancce,whics mongbge wu reootded Dacrmba I5, 1948 ea Fec No 98142165,Dccd Rewrda ot Waehington County,Orcgon. T6e moRbago securtd o rromissory notc in Ihc oligical amounr of S22A,D00. Gcnnkc ia lhc holder of thc promiesory mte u�d mortgngc. Tho�rue ooasidasaon for this con�eyence is 5300.00 and ather wns�dcr+tion, µ'i'INE$SETH,t�at[or and in con9idea[ion of tht oovcnants Lveinatter coniained,thc avoidancc of thc coAts eod expense of forecinsura)itiBA�on,wd otha good md valusblc considcrauon,thc Gramor doas by shcc proarnu�an� convcy and r+amnt forever unto t2x Oruitee,and m ita successors and tcsi�ts,�Il thc follo�ing deecribcd reat ptoputy: n portion of Lo�J3,TIOI.RDVILLE HHIGHTS,Rlso bein�a pntt;on oC thc W,Gnham Dooation T.add Claim No. 39, ia thc Ciry of T"igord, Cauory of Wdvhingsaa end 5�nte of Oregon, moro perticulu�y daocribed�s foUoWs: Bcginning at tho inilial point on the Plst of]UBILEE PLACE u rxnrded in Book 84�paQe d5 rnd 4b,Pla�Reoorda sa id Couniy and running an thc North�ine of snid Plu of JUDILEE PLACE Soutb 89°57'I]' u1�s�,a dist�nce of 163.86 feet co a poin�;�bancc lesving said Pls�linc North�5°36'31•' Past,a distana of 1.58 fcct to a puinh thence North l l°l3'/9"Eac4�distence of 15.59 fat W t�e b�yynn;ng of o tanaenc 92.(�Fooi redius cucvc lcft:�hntx on uid c�rvc through�cxntral snglc of I l'19'36"(�laag chord otvhichbaus No�.h OS°J6']1"Eu�,� d'utante o(lB.l3 fcct)m arc distanu of 16.16 fcct to lhc end thcreof;d�enec Nonli 03'21'45"Fa�t,e disunce of 33.66 feet w a yoin�thrncc Soutk�89'37'l3"Wes[,o dishnce aP 178.60 fces io a poiny nc�ncc North OD°02'd7" W oet,a d��b�nce of%5<Ccct to Ihc Nor1h linc of Lat 33,Plat of TIGARDVILLE HEIGHTS:[l+ence Nonh 89°57'l3"Eatt on Utc North linc of said La 33,a distancc of 298.02 fat lo tho Sou�hcstt comer oftAc Plat ofBRE1.Yt,IN WOODS u reoorded in Boo�86,paye 36 Plac Records,said Counry; thrncc South 00°49'47"Wc�t4�distance of 165.06 feet w�hc point of bc�nning. TO HA�E AND TO HOLD,aH and aingular,the a�ld propetty,�ogether wilh the apputcamnces,un�o chc seid Gnn�ee,end�o ib suaessors and asst8�g:orevcr. Th�s dud ia a6solutc in etfcct snd eonvrys fcc simple tillc otthe property abo�o desttibed lo IAe Gr4ntee snd doa not operu�e u a roseiesion or ie a mongage,truat eonrcyune�nr ueuriry ep'eement of any kind. 'Ihis deed da�not effoet a merger of thc fco ownershi��nd th�lim of�e mongege de9ctibed herem lTe fcc .nd lien ch►Il liacafier tcmain aepacace rnd diatind. By xeepte�ce of t1��s dee�Grsn�ce mvcnants and agrcea lhat it ahall not cnCorce eay pe�sanal judgrnent agrinst Gian[or for�he indebtodnesa evidrneed by tha�eeriiin mon�sge deseribe+i ahove. Thie dcod shall not opewu to preelude (}nntee trom proecoding in any�aion to cnforoo the mortetet,but shall prccluCe annex Rom oDuieing a dcficirncy judgmcM,or ajudgmuu oo thc indcbtodnue without forcoloaure,againrt Gru��a. For And i�wnsi0are�ion of Ccan�cc's aceq,tnnce of this derd,�nd dnniee'��eement not m execute upon xny paaon�l aaaee9 ot[hc G�anmr noe deambed he:rin,Oruuor rcle�ees,icqula�nd di:elur�Gramee�of�Ll eirexs;wghw, dem�nd� and uuacs of acuon Wh;eh Grnntor may h�ve agelnst Grantre uising prior w the eftcuivc da�c of�b,s �o��y�,«. C,ranior docs hcccby w►ivc,surcaKier,con�ey,�nd telinquish uiy equiry o[rcdamption and ataNwry rights of rcdnnpuon conaming the p[operty in the oanga�e dese�'Ded rba�a. Gr�n�at��ognius lhai Gran�.sAs116ave na duty to xoouni lo Grurcor in�hc e�rn�Cmnroc ehall elat to foreclox in lirn upon the ted propetry. A1rfER RECORDING RENRIV TO� UI�7CL A CF[ANGE l5 REQUESTED John D.Albcrt Houck Family Limited Par�anbip PO Bax 968 PO Box 4114 Salem,OR 973U8 5slem,OR 97J02 PACE 1•NON-MEAGER DEED 1N LIEU OF FORECLOSUI2E . JU�, 29, 2003_ 7: 24AM_---- _.... ti'�' ?54a P. 3 � � , . Grantor Aerchy aurrenders and dalivcrs poeaession of the property to Grantcc. 2ee2-37564 J__ Grantor detlares that �his canveyance is freely and fairly madc, and Grantor �s not act��g un e; any misapprchension as to the legal effeet ufthis deed,nor undu any ducess,undue influcn«,or misrepresene�uon of Grancee, iu agrn[,or ettomey,or eny other Dersoa IN W171�SS WHTiRFOF,thc Grantor has�ueunto sct its hand che day and yeat firet above�rittrn. THIS IN57RUMENT WII,L NOT AI.LOW U5E OF THE PROPERTY DES CRIBED!N THIS INSTRUMEh'T I1r'VIOLATION OF APPLiCABT.E LAND USE LAWS AND AEGULATIONS.BEFORE SIGNING OR ACCEP'�'1NC� Tri1S INSTRUMEM",THE PERSON ACQUIRING FEE TITLE TO T�Tp PROPERTY SHOU LD CHTCIC W I'1�H'�-1E APPROPRIA7E CITY �R COUNTY PLANNING DEPARTMENT I'0 VERIFY APPR�v� USES AND TO DE�ERMINE AI�fY L1M17S ON LAWSUIT3 AGAINST FARMTNG ORFOT�ST PRACTiCES AS DEFINED IN ORS 30.930. Dated this 25"day of January,�002. T.P.B.PROPERTISS,INC. ' . .. . y:Hnward Quandt,its preeident 57ATE OF OREGON ) )ss. Counry of Muion ) On this 25'"day of January, 2�02,personally eppeared the above namcd Howard Quandt,prmdcnt of T.P.B. Propertics,lnc.,and aclmowledged the foregoing insRVment to be i�e luntary act and deed. orc mc: Q �� OFFICIAL SEAL Notary Public for Oregon DARLENE K DELANEY NOTAflY PUBLIC -OfiEGON COMMISSION N0.397375 IAY COMM;SSIDN�tPf RE5 AUd.24,2001 p:ldd�houckdecd JDA:dd PAGE 2-hON-n4ERGER DEED 1N LIEU OF FORECLOSURE a ' � Order Number: NCS-40141-ORl ` Page Number: 1 St .1\7 F: I!! � �'/ � •}• �� +M1 /,f// !� First American Title Company 1700 S.W. Fourth, Suite 102, Portland,OR 97201 SUPPLEMENTAL PRELIMINARY TITLE REPORT Escrow OfFicer: )udy Yoresen Phone: (503) 795-7600 Title Officer: Katy Oberg Phone: (503) 219-8742 Fax No.: (503) 790-7856 E-Mail: koberg@firstam.com Buyer: Wayne Bingham and Doris Bingham Seller: Houck Family LP Property: Parcel 2 of Partition Plat 2003-048 Tigard, Oregon In response to the above referenced application for a policy of title insurance,this company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defed,lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,CondiUons and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached.Copies of the Policy forms should be read.They are available from the o�ce which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,and encumbrances affecting title to the land. This report(and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. First American Title . � Order Number: NCS-40141-ORl ' Page Number: 2 Dated as of July 17, 2003 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Owners Standard: Liability: $70,000.00 Premium: $ 29Z.00 STR Lender's Standard: Liability: $70,000.00 Premium: $50.00 Government Service Charge: $50.00 Endorsement(s):� A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Houck Family Limited Partnership The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2003-2004, a lien not yet due or payable. 2. City liens, if any, for the city of Tigard. Note: There are no liens as of July 25, Z003. 3. Statutory Powers and Assessment of Clean Water Services 4. Restrictions shown on the recorded PARTITION PLAT N0. 2003-48 5. Easement shown on the recorded PARTITION PLAT N0. 2003-48 as follows: Tract "A" is a reserve easement for proposed future public right of way dedication and is to be owned and maintained by the owners of Parcels 2 and 3. 6. Easement shown on the recorded PARTITION PLAT N0. 2003-48 as follows: Tract "A" is subject to a public utility easement over its entirety. First American Ttle Order Number: NCS-40141-ORi - Page Number: 3 7. With respect to HOUCK FAMILY LiMITED PARTNERSHIP, we will require a full copy of the " partnership agreement and any amendments, together with an affidavit signed by the general partner(s) stating that it is a true copy and that there have been no further amendments. Other requirements may be made following the review of such documents. 8. Unrecorded leases or periodic tenancies, if any. 9. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct suroey would disclose, and which are not shown by public records, 10. Any rights, interests, or claims of parties in possession of the land not shown by the public records. il. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. ' INFORMATIONAL NOTES 1. THIS EXCEPTION HAS BEEN INTENTIONALLY DELETED. NOTE: This report does not include a search for Financing Statements filed in the ofFice of the Secretary of State, or in a county other than the county wherein the premises are situated, and no liability is assumed if a Financing Statement is filed in the office of the County Clerk (Recorder) covering fixtures on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by recorded lot and book. NOTE: Washington County Ordinance No. 267, filed August 5, 198Z in Washington County, Oregon, imposes a tax of $1,000.00 or fraction thereof on the transfer of real property located within Washington County. NOTE: Taxes for the year 2002-2003, paid in full. Tax Amount: $764.73 Code No.: 023.74 Map &Tax Lot No. 251116A-01201 Property ID/Key No. R2076074 (Covers additional property) First American Title Order Number: NCS-40141-ORi ' Page Number: 4 Recording Information: Filing Address: Washington County 155 North 1st Avenue Hillsboro, OR 97124-3087 Recording Fees: $5.00 per page $6.00 per document (Public Land Corner Preservation Fund) $11.00 per document (OLIS Assessment&Taxation Fee) $5.00 for each additional document title $20.00 non-standard fee First Ame�ican rtle Order Number: NCS-40141-ORl � Page Number: 5 LEGAL DESCRIPTION Parcel 2, PARTITION PLAT N0. 2003-48, in the City of Tigard, County of Washington and State of Oregon. TOGETHER WITH an undivided interest in Tract A of said partition plat. First Ame�ican Title Order Number: NCS-40141-ORi ' Page Number: 6 1.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attomeys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to buiiding and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(i)tfie 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)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affeding the land has been recorded in the public records at Date of Policy; (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exerase thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding 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. Defects,liens,encumbrances,adverse claims,or other matters: (a)whether or not recorded in the public records at Date of Policy,but 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 writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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 insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inahility or failure of any subsequent owner of the indebtedness,to comply with the applicable"doing business"laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials(or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by praeeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federai bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transFer;or (ii)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii)the transaction creating the interest of the insured mortgagee 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. First American Title Order Number: NCS-40141-ORI ' Page Number: 7 2.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and ti�e following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage(and the Company will not pay costs,attomeys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real properry 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. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 3.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations) restricting,regulating,prohibiting or relating to(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)environmental protection,or the effect of any violation of these laws,ordinances or govemmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affeding the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding 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. Defects,liens,encumbrances,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 writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to 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 transadion 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 is based on: (i)the transadion creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the transadion 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 rernrdation to impart notice to a purchaser for value or a judgment or lien aeditor. First American Title � S�` � M E R � F�rst American Title Insurance Co►npany of Oregon � c �~ 97• An assumed Uusiness nxme o1'TITZE INSUfZANCE COMPANY OF OREGON �,;, �" 1700 SW Fourth Avenue Portland, OR 97201-5512 �� / Phone: (503) 222-3651 k�:Yy. e��;� �6�L -b,-� �-� This map is provided as a com�enience in locating property Firsr Amencan Title Insurance Company assumes no liability for any vanations as may be disclosed by an actual survey � �Iiul �� ..�.... � y� C .� I � \C/)� ��' ! ��' �237�1�AB� ,o '�61 � �,/IA P 2 S � � � BA 3 80 . �� , .,a " �� ,33 �r� � - � 'P`� - � Nes-5�-i3� -+--- �;�1 J J � :��, < � � � 8400 � � �>' F m �25� a o 1 qa i e oo � �es ° i in 3�• � m � 61 � m 50.04 35.9s P�125'i / V Y Y � ) p�76� �60.2� _ 30' i < (358.80) � y \\\�' 298. -- � N89-57-13E 106.00 � �106 50' \� �r�', °'b '2Sf1JlIB � `�511 � 1200 i � 1201 �n '�eDO' .°o, '2509 � = I .99 AC �38.e4 .91 AC a ��22' �a �' .��7 1""� � e o u � T 33 ��r° �OVERLy�PBY RLAT Of u v1 ¢ � � .� � ,o S88-67-13W ,'73.00� �73.00 \\\\ '° � ,� , , �y5• 7 A ^g 1 8. , r , 9 .48 m TR:A' 7 . 8 2�`717AB'. 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'� 8 :00 1D0. b .11 70.00�. ) 4 , � ,3Q R�119� 0.300 � J � .� f� J 1� I� NH9-5C39E , �, <`'/ <� / •3 t�-�,�t�� r� .i 4 5 � � m �'' 69�� ao 72�� y �m �;7 , � , 6800 �� 3 8 7000 � 7100 � � ;;'��;; � ;,'�'., 3Q �: �JJ> �,- � 4 � 5 � 6 ° 'ss7atns,�� zs7��aa�,�' ss' i`° 9300 • ,noo�, ��eoo� i 3 ry.' W ��i,4 eo.sa <" '27\ �,, �,2�� • 30' o ,35 AC N p� �� m � 4. 8 �t \ �N � � � '.2 . , , . �w� �32.83 14 9 51.03 70.T1 Y � " � > ��j J �� 670� 0 7BQ BiT. 0 7.96 , � m e� 0 R�1233.9 / • � 589-53-18W � R=45' � N m / i . l0 7��;� , < oi � aFFIDAVIT OF MAIL�NG/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIC THE UTY OF TIGARD A COPY OF THE NEIGHBORHOOD MEFTING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY ___ OWNERS ARE MAILED NOTICE, TO THE ADDRESS BELOW: City of Tigard Planning Division �� ,7,�, � � , � I3125 SW Hall Boulevard ' ' ..;,'; .,� .� ,;;,{ , ' , Tigard, OR 97223-8189 • 'y4 ` IN ADDITION, THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT & COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: I, \Jl�a l�.sL �� t l� , being duly sworn, depose and say that on the Z� day of � + 20 O�, I caused to have ailed to each of the ersons on the attach d list, a notice of ineeting to discuss a proposed development at(or near) 9 S � O c��.d `�S 30 S.W. �OGII.��Ai� �(el�c� (,._.0.K e. , a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons�nd were d posited on the date indicated above in the United States Post Qffice located at �our��, ou��•�( Oa(�, IDr"f�a�►1c�� EZ , with postage prepaid thereon. �/. %� Sig ure {In the presence of otary Public) POSTI N G: I, �a �^�- 1.� � K �l a�l , do affirm that I am (represent) the party initiating interest in a proposed Co � �ok (� - e affecting the land located at (state the a�pprox,�ate location(s) IF no address(s) and/orta.x�lot(s) curren ly registered) q5 10 c�.�...� qS30 S,L�.�, Mou-'t.latk 1�1�°� �.awa�-, and did on the Z9 day of �'e,c� , 20�_personally post notice indicating that the site may be proposed for a La.�.el Llt� ro i� ioti application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was p sted at e S e e IiLlX o� v e wi e� o� �. W - c.� a � �� a (state location you posted notice on property) � ' Signatur (In the presence of a Nota Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF ��a� ) County ofVn�'l-�'v�vVk-�-� ) ss. `� Subscribed and sworn/affirmed before me on the � day of , 20 U3. 3'=�r OFFICIAL SEAL �``��' ?°EidLY V. SHERVEY t � '�✓�� fV07A�;;'PUBLIC-OREGON � COIUifviISSION N0.353923 MY COMMISSION EXPIHES JAN,23,2006 NOTA BLIC OF OREGO M Co mis ion Ex ires: Applicant, please complete the infoRnation below: NAME OF PROJECT OR PROPOSED DEVELOPMENT: �tµ �aw� �u �e X Z�O 3 TYPE OF PROPOSED DEVELOPMENT: e. Pu E Address or General Location of Subject Property: o S �: �.. i�c+.a �-� e. Subject Property Tax Map(s)and Lot#(s}: 2 S 1 l B A - O 1 2 O�1 , h:Uoginlpattylrnasters�alfidavit of ma�'ug-posGng neighbortaod meetin9.doc CONDITIONAL USE MEETING August 13, 2003 PRINT NAME ADDRESS PHONE SIGNATURE NUMBER �'�� .t-�.,;,� �� d �� 3-��l-atao � �ud�fi�,M �� r,�.F.,-, o�- �13��- I 4 3�-0 5w "��.\�w � 7 �c�r�5�� -�n�^ 01� �l� � �3��6?��r� o��-?.ti� �,.-,� ��1�- � �i �►,.ti f�3LV �� u.r��v �`�• Sv�-6�f�- 789`� %!'?� �•, - � � �e �� c.,. v iZ �17�0� c�"'� !y�s� �� 6.��/3 � 9ylS stu mt w '!? o.ro/ 5�3-69y-6e8 U'/1 G.�� ri� � %�3� ,..5. t�-��arr•��'t..._.�Citi.- - c_c'7'a cJ� ,�.�. VE ��HJOLE ��v �t"J Ov.v?AD✓ U�Ew N 5�3` 6 -� /�i �r � S�.l -T•��"�Sf S`o3-�-��PS' � August 13, 2003 Minutes of Conditional Use Meeting/Bingham Duplex on S. W. Mountain View Lane The following are notes of the meeting held on August 13, 2003, at Tigard City Hall. Attendees: Wayne Bingham, Doris Bingham, Stan Houck, Aase Otto, John Goodhouse, Virgil Volk, David Schooler, Ladd McKittrick. 1. Wayne Bingham opened the meeting and asked everyone to sign in 2. Wayne Bingham read the purpose of the meeting notice 3. Discussed location of house and duplex, and appropriate addresses 4. When will construction begin?---Permits on house are ready, duplex about 6-8 weeks 5. How long will it take to complete? 4-6 months from start date. 6. What hours will construction start and end. Concerns for children walking to school. 7. What access will be used by the construction equipment—S. W. Mountain View Lane 8. Mr. Volk concerned about the existing"dips" in the street and further damage by the heavy equipment. Dips should be replaced with storm drain inserted. 9. Why is duplex being considered in a residential area? It fits into the retirement plan, style of duplex will be within the styles of homes in the area,we (Binghams)will live next door, and it was included in the over-all Partition process. Mrs. Otto said it was better than the care center that was previously considered, or other multiple family units. Mr. McKittrick said we could not guazantee we would always be next door. 10. Possibility of other property being developed around this parcel---other vacant land could be used for duplexes or other multiple family units. 11. What is the size of the duplex? 1280 sq. feet each side-3 bed, 2 bath, 2 car garages. 12. What is the temporary fire turn around? Will stay until the street goes thru to 97`h. Discussion about other"hammerhead" in the area. 13. What trees will be removed? All trees along the street for the '/z road improvement. The cherry tree will stay(pruned and shaped). Trees along the house properiy will be cut as necessary,will discuss with adjacent neighbor. 14. Time frame and plans for Otto to develop her property. What she has done so far about sewer stubs, sidewalks and %z street improvements. 15. House and duplex will not over crowd the area or surrounding property. Minimum lot size on Bull Mtn is less than 5,000 sq ft. 16. Development of Mountain View Lane to 97�' and what other property owners would need to do. Ransdell has already signed ageement to put in sidewalks on 97�`and a portion of the street, as part of this partition. 17. When will the hearing be? Determined by City of Tigard, letters will be sent out. 18. McKittrick, Schooler and Goodhouse voiced a concern about a duplex in the area. 19. Where were other duplexes in area?All parties discussed other duplexes off McDonald and around the schools. Meeting was adjourned and all parties stopped by to introduce themselves and we "Thanked"them for attending. . zsiiisn-iisoo zs�iiAa-os5oo ADAMY NICHOLAS E 8 BRITTON AARON DENELLE 8 JENNIFER K MELISSA NICOLE 9540 SW ELROSE ST 14430 SW 93RD AVE "" TIGARD,OR 97223 TIGARD,OR 97224 2S171AB-06000 2S111BA-11400 BAGGENSTOS JANET M BROWN KATHRYN L/RONALD R 9265 SW VIEW TER 9678 SW ELROSE TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-06800 2S111BA-08500 BEDARD ROBERT P&CAROLYN J BURKE PATRICK M& 9541 SW INEZ ST BURKE AGATHA L TIGARD,OR 97224 9445 SW MOUNTAIN VIEW LN TIGARD,OR 97224 2S 111 AB-05800 25111 AB-08700 BENSON ALAN K 8 SERENA M CARLSON ALBERT L 9280 SW MOUNTAIN VIEW LN 14415 SW 94TH CT TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-04901 2S771BA-08400 BICKER STEPHEN CARLSON MICHAEL PAUL 8 14235 SW 97TH AVE KARI LYNN TIGARD,OR 97224 9455 SW MOUNTAIN VIEW LN PORTLAND,OR 97224 2S111BA-04900 2S111BA-00304 BICKER STEPHEN G 8 MARGARET J CARLSON SCOTT A/JANICE E 14235 SW 97TH AVE 9747 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97223 2S111AB-08000 2S111BA-10700 BILGERE GERALD W& CARTER JAMES FREDERICK& DANIELLE L CARTER KATHALEE ANN 14435 SW 93RD 9675 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 25117A6-05900 2S717BA-06700 BLUME DOUGLAS BRIAN CASTILE ROBERT W C 8 DEBORAH L 14370 SW 93RD AVE 9563 SW INEZ ST TIGARD,OR 97224 TIGARD,OR 97224 2S 711 BA-05700 2S111 BA-05600 BOYCE RANSOM K 8 MYRNA P CLARKE ANDREW W 8 STEPHANIE J 14155 SW 97TH PL 14150 SW 97TH PL TIGARD,OR 97224 TIGARD.OR 97224 111BA-08800 2S111BA-08700 B YN OODS OWNERS OF COURTNEY RONALD B 8�VICKI LOT 3 9450 SW ELROSE ST 0000 TIGARD,OR 97224 2S711BA-01800 2S117A6-07600 EVANS JAMES WARD&JOYCE I GRAY JONATHAN C& 14285 SW 97TH HAMILTON-GRAY TRACEY H TIGARD,OR 97224 9430 SW INEZ ST " TIGARD,OR 97224 2S111BA-11500 2S111AB-07800 FEKETE STEPHEN&GEORGINE GREEN DONALD N JR AND 9453 SW ELR05E ST MARJORIE M TIGARD,OR 97224 9385 SW INEZ TIGARD,OR 97224 11 BA-0010 2S111 BA-10000 FE EPHEN 8 GEORGINE GREENWOOD EDWARD C&KIMBERLY A 9453 OSE ST 9459 SW BROOKLYN LN T ARD, OR 97224 TIGARD,OR 97224 25111AB-O8600 2S111AB-03000 FERGUSON DONALD W GRIFFIN CHARLES R AND BARBARA K JU�IE A 14175 SW 93RD AVE 14425 SW 94TH CT TIGARD,OR 97224 TIGARD,OR 97223 2S 1118A-01500 2S 7 71 BA-00115 FREDERICK SCOTT G&KATHLEEN R HARBOUR KELLY& 9755 SW INEZ ARMSTRONG ROBERT TIGARD,OR 97223 14152 SW 97TH AVE TIGARD,OR 97224 2S111AB-03300 2S1118A-09300 FRENI THOMAS E AND HARLEY ROBERT A LYNNE-FRENI TRACIE 14440 SW 97TH AVE 9430 SW MCDONALD ST TIGARD,OR 97224 TIGARD,OR 97224 2S111A8-01800 2S111BA-10300 FRIAR GARY E 8 CYNTHIA I HARLEY ROBERT A 8 NATALIE J 14170 SW 93RD AVE 14440 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 BA-09700 2S 171 BA-07400 FROEBER JEFFREY D&CARI L HEATON JOHN C 9527 SW BROOKLYN LN 14350 SW 97TH AVE T�GARD,OR 97224 TIGARD,OR 97224 2S 111 AB-019oo 2S 117 AB-02400 GERSPACH DIANE JEANNINE HERN MICHIKO 14200 SW 93RD 9340 SW MOUNTAIN VIEW LN TIGARD,OR 97224 TIGARD,OR 97224 2S111AB-02900 2S111BA-01207 GOODHOUSE JOHN JAY HOUCK FAMILY LIMITED PARTNERSHIP 9345 SW MOUNTAIN VIEW LN P O BOX 4114 TIGARD,OR 97224 SALEM,OR 97302 2S 111 BA-08600 2S 111 BA-09800 HUGHES DAVID A AND VICKIE M LIAO JIANMIN 9435 SW MTN VIEW LN PAN CHEN TIGARD,OR 97224 9519 SW BROOKLYN LN -� TIGARD,OR 97224 2S111BA-10800 2S111AB-090D0 HUMPHREY THAD D 8�WENDY W MAGEE THOMAS G AND 9543 SW ELROSE ST DODGEN-MAGEE DOREEN TIGARD,OR 97224 9365 5W VIEW TERRACE TIGARD,OR 97223 25111BA-10900 2S111BA-05200 JACKSON LIVING TRUST MARTIN WILLIAM L�DEBORAH A BY JACKSON ROBERT M/NITA J TRS 9730 SW ELR05E ST 9547 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S11�AB-08900 2S1'1BA-06500 JORDAN JO A MAWHIRTER ARLIE L TR 9395 SW VIEW TERR 13960 SW 100TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2 11BA-08300 2S111BA-O6600 JUB CE OWNERS OF MAWHIRTER IRENE TR LOT -5 D 7-9 13960 SW 100TH AVE , 0000 TIGARD,OR 97223 2S1118A-07200 2S111BA-07700 KANBERGS KARLIS 8 MCGRAW JOAN E STEYAERT LYNN L 9502 SW VIEW TER 9443 SW INEZ TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-11200 2S111BA-07000 KERKERING RODNEY B 8 DONNA MCKITTRICK LADD C 8 LYNNE M 13759 SW WALNUT AVE 9487 SW INEZ ST TIGARD,OR 97223 TIGARD,OR 97224 2S7118A-05000 2S111AB-05700 KING ROBERT BRIAN AND MCLAIN ERVIN ROGER 8 JANICE V ANDREA DEWEY 9260 SW MTN VIEW LN PO BOX 12224 TIGARD,OR 97224 ZEPHYR COVE,NV 89448 2S111AB-02500 2S171A8-08400 KLUEMPKE RICHARD G AND MCNAMEE PAUL G&BARBARA A ROSEMARY E 14420 SW 94TH CT 9380 SW MTN VIEW LN TIGARD,OR 97224 TIGARD,OR 97223 251118A-08100 2S1118A-07900 KOHLMAN ED HERMAN&KRISTIE JO MILKOWSKI RYAN 8 LESLIE 9558 SW JUBILEE 9480 SW VIEW TER TIGARD,OR 97224 TIGARD,OR 97224 2S1118A-07800 2S111BA-01700 MORAN PHILIP H&JOAN H PALM FRANK L DORIS O 9471 SW VIEW TER 14325 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97223 " 2S111A8-09200 2S111BA-01600 MYERS ERIC D& PALM ROY D NORMA J 20830 NE BIG FIR LN 14365 5W 93RD DUNDEE,OR 97115 TIGARD,OR 97224 251118A-00114 251116A-07600 MYERS REED D&OEBRA R PASERO MARK G 8 SHARON M 9525 SW ELROSE ST 9567 5W JUBILEE CT TIGARD,OR 97224 TIGARD,OR 97224 2S111AB-06400 2S111AB-09100 NEWHOUSE LLOYD C AND REBECCA N PETERMAN ALAN L AND 9280 SW VIEW TERRACE MITCHELL STEPHANIE J TIGARD,OR 97224 9335 SW VIEW TERRACE TIGARD,OR 97224 2S111BA-07300 2S111BA-10100 NGUYEN DANH T 8 PRESLEY TIMOTHY R& BUI NHUNG K PRESLEY TEMARA SANDERS 14320 SW 97TH AVE 9441 SW BROOKLYN LN TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-05300 251116A-00303 NICHOLSON JAMES W& PREWITT LINDA SUE CATHERINE C 14077 SW 97TH AVE 14120 SW 94TH PL TIGARD,OR 97223 TIGARD,OR 97223 2S111AB-07700 2S7116A-11100 NILSEN JEFFREY C&CINDY L RAINBOLT KENNETH W 8 CAROL A 9425 SW INEZ ST 9526 SW ELROSE 5T TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-05400 2S111BA-01200 OSTROW LEONARD C&KATHRYN A RANSDELL DAVID 8 SALLY 14130 5W 97TH PLACE 14270 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S1118A-00100 2S111A8-08100 OTTO AASE B ROCHELD MICHELLE C 14200 5W 97TH AVE 14425 SW 92ND AVE TIGARD,OR 97224 TIGARD,OR 97224 11BA-00 7 2S1116A-11600 OTT E B ROSS JEFFREY A 8 GAYLA 1420 AVE 9515 SW ELROSE ST TI ARD,OR 97224 TIGARD,OR 97224 2 11BA-090 2S111AB-02700 R05 FREY A 8 GAYLA SHROCK WALTER W& 951 LROSE ST COOK DONALD PHILIP CO-TRUSTEES ARD,OR 97224 9425 SW MOUNTAIN VIEW LN + TIGARD,OR 97224 2S111BA-05100 2S111BA-07500 RUSSELL LORETTA N SMITH DAVID H& 14115 SW 97TH AVE BATCHELOR WENDY A TIGARD.OR 97224 9582 5W JUBILEE PL TIGARD,OR 97224 2S711AB-02000 2S111BA-00105 SANDERS JOSHUA E STROHECKER LARRY S 8 9265 SW MOUNTAIN VIEW LN DIANE l TIGARD,OR 97224 14050 5W 97TH AVE PORTLAND,OR 97224 2S1118A-07100 2S111A8A8800 SCHOENBRUN STEVEN J/KAREN TAKEDA JENNY& 9465 SW INEZ ST TAKEDA CHIJO TIGARD,OR 97224 9435 SW VIEW TERR TIGARD,OR 97224 2S 111 BA-05500 11 BA-082 SCHOESLER RONALD D TIGA OF 14140 SW 97TH PL 1312 ALL TIGARD,OR 97224 T RD,OR 7223 2S 111 AB-02600 111 AC-027 SCHOOLER DAVID K UNI H SCHOOL DISTRICT 9420 SW MOUNTAIN VIEW LN NO. TIGARD,OR 97223 0000 2S111AB-03100 2S111AB-08200 SCHWARZ CHARLES 8 VALLEY RYAN C DIZNEY CARROLL 14415 SW 93RD AVE 14135 SW 93RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S711A8-03200 2S111A8-08500 SCHWARZER GERTRUD E 8�PETER H VANGORDON DORIS TRUSTEES 14430 SW 94TH CT 9330 SW MCDONALD TIGARD,OR 97224 TIGARD,OR 97224-5932 2S111BA-09900 2S117AB-07900 SHANKLES H THOMAS 8 N JEAN VIROSTEK ROBERT A/KIMBERLY 9501 SW BROOKLYN LN 9366 SW INEZ ST TIGARD,OR 97223 PORTLAND,OR 97224 71BA-102 25111AB-02800 SHA MEADOWS VOLK VIRGIL V RUTH OWN OF LOTS 1-6 9385 SW MTN VIEW LN 000 TIGARD,OR 97223 2S 111 BA-08000 � WARREN RANDOLPH G 8 JANET L 9534 SW JUBILEE CT TIGARD,OR 97224 �' 2S111BA-00111 WASHINGTON COUNTY FACILITIES MGMT-ADMIN 111 SE WASHINGTON ST HILLSBORO,OR 97123 2S 111 BA-06900 WEBB DARWIN H 9529 SW INEZ ST TIGARD,OR 97224 251118A-11000 WHITE PAUL A 8 MICHELE K 9533 SW ELROSE ST TIGARD,OR 97224 2S 111 BA-09600 WHITEMAN RICHARD A 9535 SW BROOKLYN LN TIGARD,OR 97224 25111 AB-08300 WORTH PHILLIP S D 8 LYNN E M 8431 GLEN VIEW CT ORLANDO, FL 32819 Jack Biethan 11023 SW Summerfield Drive, #4 -- Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 � Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn Tigard, OR 97223 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 CITY OF TIGARD - SOUTH CIT SUBCOMMITfEE (pg. I of I) (i:\curpin\setup\IabeIslCIT South.doc) UPDATED: June 18, 2003 2S111BA-11300 2S111AB-06500 ADAMY NICHOLAS E & BRITTON AARON DENELLE 8 JENNIFER K MELISSA NICOLE 9540 SW ELROSE ST 14430 SW 93RD AVE TIGARD,OR 97223 TIGARD,OR 97224 � 2S111A8-06000 2S177BA-11400 BAGGENSTOS JANET M BROWN KATHRYN URONALD R 9265 SW VIEW TER 9678 SW ELROSE TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-06800 2S111BA-08500 BEDARD ROBERT P&CAROLYN J BURKE PATRICK M 8 9541 SW INEZ ST BURKE AGATHA L TIGARD,OR 97224 9445 SW MOUNTAIN VIEW LN TIGARD,OR 97224 2S111A8-05800 - 2S111AB-08700 BENSON ALAN K 8 SERENA M CARLSON ALBERT L 9280 SW MOUNTAIN VIEW LN 14415 SW 94TH CT TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-04907 251118A-08400 _. BICKER STEPHEN CARLSON MICHAEL PAUL& 14235 SW 97TH AVE KARI LYNN TIGARD.OR 97224 9455 SW MOUNTAtN VIEW LN PORTLAND,OR 97224 2S1118A-04900 2S1118A-00304 BICKER STEPHEN G&MARGARET J CARLSON SCOTT A/JANICE E 14235 SW 97TH AVE 9747 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97223 2S177AB-08000 251118A-10700 BILGERE GERALD W& CARTER JAMES FREDERICK 8 DANIELLE L CARTER KATHALEE ANN 14435 SW 93RD 9675 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S111AB-059D0 251118A-0fi700 BLUME DOUGLAS BRIAN CASTILE ROBERT W C�DEBORAH L 14370 SW 93RD AVE 9563 SW INEZ ST TIGARD,OR 97224 TIGARD,OR 97224 2S111BA-05700 25111BA-05800 BOYCE RANSOM K&MYRNA P CLARKE ANDREW W 8�STEPHANIE J 14155 SW 97TH PL . 14150 SW 97TH PL TIGARD,OR 97224 TIGARD,OR 97224 1118A-08800 2S 7 71 BA-08700 B YN OODS OWNERS OF COURTNEY RONALD B 8 VICKI LOT 9450 5W ELROSE ST ppp TIGARD,OR 97224 2S 111 BA-01800 2S 111 AB-07600 EVANS JAMES WARD&JOYCE I GRAY JONATHAN C 8 14285 SW 97TH HAMILTON-GRAY TRACEY H TIGARD,OR 97224 9430 SW INEZ ST TIGARD,OR 97224 �y 2S1ttBA-tt500 2Stt1AB-07800 FEKETE STEPHEN&GEORGINE GREEN DONALD N JR AND 9453 SW ELROSE ST MARJORIE M TIGARD,OR 97224 9385 SW INEZ TIGARD,OR 97224 17 BA-0010 2S 117 BA-10000 FE EPHEN 8 GEORGINE GREENWOOD EDWARD C 8 KIMBERLY A 9453 OSE ST 9459 SW BROOKLYN LN T ARD,OR 97224 TIGARD,OR 97224 2S t t t AB-08600 - 2S 7 7 7 A8-03000 FERGUSON DONALD W GRIFFIN CHARLES R AND BARBARA K JULIE A 14175 SW 93RD AVE 14425 SW 94TH CT TIGARD,OR 97224 TIGARD,OR 97223 2S 111 BA-01500 2S 17 7 BA-00115 FREDERICK SCOTT G 8 KATHLEEN R HARBOUR KELLY� 9755 SW INEZ ARMSTRONG ROBERT TIGARD,OR 97223 14152 SW 9TTH AVE TIGARD,OR 97224 2S 111 AB-03300 2S 111 BA-09300 FRENI THOMAS E AND HARLEY ROBERT A LYNNE-FRENI TRACIE 14440 SW 97TH AVE 9430 SW MCDONALD ST TIGARD,OR 97224 71GARD,OR 97224 2S 111 AB-01800 2S 111 BA-10300 FRIAR GARY E&CYNTHIA I HARLEY ROBERT A&NATALIE J 14170 SW 93RD AVE 14440 SW 9TTH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 BA-09700 2S 111 BA-07400 FROEBER JEFFREY D 8 CARI L HEATON JOHN C 9527 SW BROOKLYN LN 14350 SW 9TTH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-01900 2S 111 AB-02400 GERSPACH DIANE JEANNINE HERN MICHIKO 14200 SW 93RD 9340 SW MOUNTAIN VIEW LN TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-02900 2S 711 BA-01201 GOODHOUSE JOHN JAY HOUCK FAMILY LIMITED PARTNERSHIP 9345 SW MOUNTAIN VIEW LN P O BOX 4114 TIGARD,OR 97224 SALEM,OR 97302 251118A-086D0 251118A-09800 , HUGHES DAVID A AND VICKIE M LIAO JIANMIN 9435 SW MTN VIEW LN PAN CHEN TIGARO,OR 97224 9519 5W BROOKLYN LN __ TIGARD,OR 97224 2S171BA-10800 2S711AB-09000 HUMPHREY THAD D 8 WENDY W MAGEE THOMAS G AND 9543 SW ELROSE ST DODGEN-MAGEE DOREEN TIGARD,OR 97224 9365 SW VIEW TERRACE TIGARD,OR 97223 2S111BA-10900 2S111BA-05200 JACKSON LIVING TRUST MARTIN WILLIAM L 8�DEBORAH A BY JACKSON ROBERT MINITA J TR5 9730 SW ELROSE ST 9547 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S111AB-08900 - 2S1'18A-06500 JORDAN JO A MAWHIRTER ARLIE L TR 9395 SW VIEW TERR 13960 SW 100TH AVE TIGARO,OR 97224 TIGARD,OR 97223 2 11 BA-08300 2S 111 BA-06600 JUB CE OWNERS OF MAWHIRTER IRENE TR LOT -5 D 7-9 13960 SW 100TH AVE , 0000 TIGARD,OR 97223 2S 111 BA-07200 2S 1118A-07700 KANBERGS KARLIS 6 MCGRAW JOAN E STEYAERT LYNN L 9502 SW VIEW TER 9443 SW INEZ TIGARD,OR 97224 TIGARD,OR 97224 2Si17BA-11200 25111BA-07000 KERKERING RODNEY B&DONNA MCKITTRICK LADD C&LYNNE M 13759 SW WALNUT AVE 9487 SW INEZ ST TIGARD.OR 97223 TIGARD,OR 97224 2S111BA-0� � 2S111AB-05700 KING ROBERT BRIAN AND MCLAIN ERVIN ROGER 8 JANICE V ANDREA DEWEY 9260 SW MTN VIEW LN PO BOX 12224 TIGARD,OR 97224 ZEPHYR COVE,NV 89448 2S 111 AB-02500 2S 111 AB-08400 KLUEMPKE RICHARD G AND MCNAMEE PAUL G 8�BARBARA A ROSEMARY E 14420 SW 94TH CT 9380 SW MTN VIEW LN TIGARD,OR 97224 TIGARD,OR 97223 2S 111 BA-08100 2S 711 BA-07900 KOHLMAN ED HERMAN 8�KRISTIE JO MILKOWSKI RYAN&LESLIE 9558 SW JUBILEE 9480 SW VIEW TER TIGARO,OR 97224 TIGARD,OR 97224 2S111BA-07800 2S111BA-01700 MORAN PHILIP H 8 JOAN H PALM FRANK L DORIS O 9471 SW VIEW TER 14325 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97223 _, 2S111A8-09200 2St 118A-01600 MYERS ERIC D& PALM ROY D NORMA J 20830 NE BIG FIR LN 14365 SW 93RD DUNDEE,OR 97115 TIGARD,OR 97224 2S 111 BA-0O 114 2S 111 BA-07600 MYERS REED D&DEBRA R PASERO MARK G&SHARON M 9525 SW ELROSE ST 9567 SW JUBILEE CT TIGARD,OR 97224 TIGARD,OR 97224 2S t 11 AB-06400 - 2S 117 AB-09100 NEWHOUSE LLOYD C AND REBECCA N PETERMAN ALAN L AND 9280 SW VIEW TERRACE MITCHELL STEPHANIE J TIGARD,OR 97224 9335 SW VIEW TERRACE TIGARD,OR 97224 2S 111 BA-07300 2S 111 BA-1 D 100 NGUYEN DANH T& PRESLEY TIMOTHY R& BUI NHUNG K PRESLEY TEMARA SANDERS 14320 SW 97TH AVE 9441 SW BROOKLYN LN TIGARD,OR 97224 TIGARD,OR 97224 2S 111 BA-05.'i00 2S 111 BA-00303 NICHOLSON JAMES W 8 PREWITT LINDA SUE CATHERINE C 14077 SW 97TH AVE 14120 SW 94TH PL TIGARD,OR 97223 TIGARD,OR 97223 2S 111 AB-07700 2S 111 BA-11100 NILSEN JEFFREY C�CINDY L RAINBOLT KENNETH W 8 CAROL A 9425 SW INEZ ST 9526 SW ELROSE ST TIGARD,OR 97224 TIGARD,OR 97224 2S 117 BA-05400 2S 111 BA-01200 OSTROW LEONARD C&KATHRYN A RANSDELL DAVID&SALLY 14130 SW 97TH PLACE 14270 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S1116A-00100 2S171AB-08100 OTTO AASE B ROCHELD MICHELLE C 14200 SW 97TN AVE 14425 SW 92ND AVE TIGARD,OR 97224 TIGARD,OR 97224 11 BA-00 7 2S 171 BA-11800 O E B ROSS JEFFREY A 8 GAYLA 1420 AVE 9515 SW ELROSE ST TI ARD,OR 97224 TIGARD,OR 97224 z ��aa 2s>>>,ae-02�oo . ROS FREY A 8 GAYLA SHROCK WALTER W 8 951 LROSE ST COOK DONALD PHILIP CO-TRUSTEES ARD.OR 97224 9425 SW MOUNTAIN VIEW LN __ TIGARD,OR 97224 2S 117 BA-051 DO 2S 111 BA-07500 RUSSELL LORETTA N SMITH DAVID H 8 14115 SW 97TH AVE BATCHELOR WENDY A TIGARD,OR 97224 9582 SW JUBILEE PL TIGARD,OR 97224 2S 111 AB-02000 2S 717 BA-00105 SANDERS J05HUA E STROHECKER LARRY S 8 9265 SW MOUNTAIN VIEW LN DIANE L TIGARD,OR 97224 14050 SW 97TH AVE PORTLAND,OR 97224 2S 111 BA-07100 2S 111 AB-08800 SCHOENBRUN STEVEN J/KAREN TAKEDA JENNY 8 9465 SW INEZ ST TAKEDA CHIJO TIGARD,OR 97224 9435 SW VIEW TERR TIGARD,OR 97224 2S 111 BA-05500 11 BA-08 SCHOESLER RONALD D TIGA OF 14140 SW 97TH PL 1312 ALL TIGARD.OR 97224 T RD,OR 7223 2S 111 AB-02600 111 AC-027 SCHOOLER DAVID K UNI H SCHOOL DISTRICT 9420 SW MOUNTAIN VIEW LN NO. TIGARD,OR 97223 0000 2S 111 AB-03100 2S 111 AB-08200 SCHWARZ CHARLES 8 VALLEY RYAN C DIZNEY CARROLL 14415 SW 93RD AVE 14135 5W 93RD AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 111 AB-03200 2S 111 AB-08500 SCHWARZER GERTRUD E 8 PETER H VANGORDON DORIS TRUSTEES 14430 SW 94TH CT 9330 SW MCDONALD TIGARD,OR 97224 TIGARD,OR 97224-5932 2S 117 BA-09900 2S 111 AB-07900 SHANKLES H THOMAS 8 N JEAN VIROSTEK ROBERT A/KIMBERLY 9501 SW BROOKLYN LN 9366 SW INEZ ST TIGARD,OR 97223 PORTLAND,OR 97224 11 BA-70 2S 111 AB-02800 SHA MEADOWS VOLK VIRGIL V RUTH OWN OF LOTS 1-8 9385 SW MTN VIEW LN 000 TIGARD,OR 97223 2S 111 BA-08000 _ WARREN RANDOLPH G&JANET L 9534 SW JUBILEE CT TIGARD,OR 97224 __ 2S1118A-00111 WASHINGTON COUNTY FACILITIES MGMT-ADMIN 111 SE WASHINGTON ST HILLSBORO,OR 97123 2S 111 BA-06900 WEBB DARWIN H 9529 SW INEZ ST TIGARD,OR 97224 2S 111 BA-t 1000 WHITE PAUL A&MICHELE K 9533 SW ELROSE ST TIGARD,OR 97224 2St 17 BA-09600 WHITEMAN RICHARD A 9535 SW BROOKLYN LN TIGARD,OR 97224 2S 111 AB-08300 WORTH PHILLIP S D 8 LYNN E M 8431 GLEN VIEW CT ORLANDO, FL 32819 " Jack Biethan 11023 SW Summerfield Drive, #4 __ Tigard, OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Drive Tigard, OR 97224 Tim Esau PO Box 230695 � Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Brian Wegener 9830 SW Kimberly Drive Tigard, OR 97224 J. Dyar 10430 SW Century Oak Drive Tigard, OR 97224 Rex Caffall 13205 SW Village Glenn _Tigard, OR 97223 Josh Thomas 10395 SW Bonanza Tigard, OR 97224 CITY OF TIGARD - S01lTH UT SUBCOMMRiEE (Pe. I ot I) (i:lcurpinlsetupVabelslClT South.doc) UPDATED: June 18, 2003 CITY Of TIGARD fOMMUNITY DEYELOPMENT DEPARTMENT PLANNING DIYISION 13125 SW HALL BOULEYARD CITY Of TIGARD TIGARD, OREGON 91223 Corrimuniry�evelopment PHONE: 503-639-4111 FA1L 503-684-T291 (Attn: Patty/Planning) S�InngA�BCitetCommunity ° Q 0 ° 00 00 ° ° 0 ° ° �f 0 ° �[�� ! Property owner information is valid for 3 months from the date of your request INDICATE ALL PR�JECT MAP & TAX LOT NUMBERS (i.e. 1S134A6, Tax�ot o0100} 4R THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: �S►�16A—Ol�,d1 , INDICATE WHETHER YOU ARE REQUESTING 1, 2 OR 3 SETS OF LABELS: ' ��. ,� (NOTE: A minimum of 2 sets of labels will be provided (unless only holding a neighborhood meeting at this time) to pla on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting, you can request 3 sets provided your land use application will be submitted and deemed complete by the Planning Division within 3 months from this request.) NAME OF CONTACT PERSON: �U ►�� C��;�Q+�� PHONE: � �nW(� -7��► This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requesfs. Upon completion of your request, the contact person will be called to pick up their request that will be placed in "Will CaIP' by their last name, at the Community Development Reception Desk. _ The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list,plus$2 per sheet for printing the list onto labels(20 addresses per sheet). Then, multi I the cost to rint one set of labels b the number of sets r uested. EXAMPLE COST FOR THIS REQUEST 4 sheets of labels x$2/sheet= 8.00 x 2 sets= $16.00 �sheet(s)of labels x$2/sheet=�x � sets= �°2 2 sheets of labels x$-2/sheet for CIT area x 2 sets=$ 4.00 �sheet(s)of labels x$2lsheet fo CIT area=�x / sets= GENERATE LIST =$11.00 ,� GENERATE LIST = TOTAL =$31.00 ��' TOTAL �T ro o s o� , GZ. � � � v � � - -- ^/,, (�►�/[ Q � ! � ^ l.�l�� _� � rd � � � �-�— , . � � ro erll w�_Cv�.L�o�Lt--a�-Q��c� �'� --� o��_ � � , ,./ /� - / oar `1C.�v s��r 1c_-y"-��q _ !_'��'lil�kc�_, - --�G- 1Q� ---- �_ / / ✓ / � � ' " � . �![ .�G�D._!�t !��C� �l `.ti�t._ Gt� �y'�l l!d�1 �'� _ Js � � � � � /� �esr�o �'� 7`wo /�r o�_�'s ��'��°��`�• -- _, --- --- �-�-�T�/J �U�'o�O�l� —laQs _ A'��Gt��_.s�?e�i� �cQl�,y --- — n / / • ,� --- -- _ -to r �u�� /'��G�ii��.�i ��.?'`s �t��v�s_�' c ,�'CCG1� !h�� y� �t!_''�/�0116�e �I'a�Pff'.--- - --- + — � � � / �,,� � / �� c_ ._�'�G��_/�e� Gl es!_ _k�.� -----��__��° . - �� / l�L,a� �� G_JG� ��,�0 ��%s_�'�Sl�P� ��t�_.l_�t_�l5.�r -' ._ , / - ---------�o��o��._r.��--�e- --o��P�s�u.��1�s-- /� plah 7�0 �s� ar av -- ��`"_� ,<<f �?ro��J� ct'�-- J • 4 • V �e?yl��!�e_�--- �h.�CS'�� r�c,f.--- --- -- -- -- ,G . �_vL__�`/__�� - 1 L°C!C!_c ��f��3/lsS'LC_�S__ �t�J�. ��- � . � _�r uvi,�r — ay � �D�'IL _�?�o c ess— �'esc�__c_��_ ��---/�? � - - � �� - � - �T�c�,,,,� _ �,. � ---�'' �� _�U�sr�� _ ro�._. — �' � - _ - ^ , - - -� ��f'/.s_��Lc_s. - -- _. __ ---- �/ ___�______- ------____.___..___,__._ ._-----. _____� ;; f ��l av�CG �}Qp^c�"T"I V e- . , ��1�s ro �.r� �u /ex s� �o�. ��s�s J� dod �' � �p ,�' �, � .s�ctave �ce7�� /3S - 6 /d 7� w��, , 7/ --6 /af ��-�.� a �utla�i � �tci �i,r e7� '� 7�ec1'�, �'�ot.� Sc7�k�ac�C o f' � � �D -�'ee�' � I�eaY se�" o� f� -�'ee�' a,�.� s�d.s. �v�s . � o-F 3 2 �-'�c�" e�.c�s t� . �CCGSS �o '�- o�ct�v��C l.�c�Q �g e p fr0 V � {o q _ � �t�'�- ��v�ee�' ��dv ew�e� f"o S (.�. I'V�ok,,�`f a�� Vre� La�te au,c.� �'�� 20 �'oo�- �vi.�C.e. dv�ivewQ.�s. �� S�d��c�l�G �c s i� C-��C�C.(�.�la k..s syro� � � . . �W o u-lt�� o�r'e r��N,� ��{ o� �c s S� . �U.'��eN �k, a.H-,Q. S'ctreeti i k w��Q �oe t�ouc� �� , p ��f TGG� a� ,4Gsk O�t, � �tJe'S� a�dl � � �oo� G4S�cew+ DGL '�'h9- C�ag 1, � / p �.a�S �4,�oc� wc�Q� I�t,dltC.�-e. S r� �V'e�es �Sec 5� . . `� . , ,. ��^'�lI � �'�WV��. ��Y��rK..• {I��.. WZ- � �l<1�� "r Ol,c. -�-� �s s c� �a 6e ltit��c �� . r K�, ��xSCct�o c t� t,�s�' .�Orov�c� �dc� � Y�c�e�� c�eQ�- V[s i at� a�r�� . ��u-�o�e Ca-v� a,trQ�C� t�v c� �Y ou t�e.. fd� �oa�.�L� o� c� A r D . -f'tv o GQ.V'S �� QC� sl a�.c. e�� d�1 Q-/�C. T� d�t�.�.w�.Si I,c)(,Q� �0 V`o u�.o�.� -�a r 2 wt.O�e G°Q�S �.�, s l��e. . �d.d i�i e�a� ��' �i�eu.sio��.Q YcLu-�v� wt��'s are �f .-FI�o�Q c �s v��.t. -�ar�c. � �U f ee.� rc��c s�ed� �ePTt� � J i . ' . is �ess ��a� z�2 "�i I�nes Tr� ave�a.�e w cc�-{-�. _____.__ .._._ _ , . --._ _,, _ �.,. _..�._- -.-- . ... --.----__ __._ . ... . _. ...__________ _.._._. - - - ` - ��l�t �� _—o�y .J F. Section not used. G. Effective date. The Director's decision is effective on the day after it is final. 18.390.040 Type I[ Procedure A. Preapplication conference. A preapplication conference is required for Type II actions. Preapplication conference requirements and procedures are set forth in section 18.390.080C. OB. Application requirements. 1. Application Forms. Type II applications shall be made on fortns provided by the Director as provided by Section 18.390.080 E1; 2O. Submittal Information. The application shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped and pre-addressed envelopes for all property owners of record as specified in Section 18.390.040C. The records of the Washington County Department of Assessment and Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; Oe. Include an impact study. 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 drainagc system, the parks systein, the water systein, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. C. Notice of nendin�Type II Administrative Decision 1. Prior to making a Type II Administrative Decision,the Director shall provide notice to: a. All owners of record within 500 feet of the subject site; . b. Any City-recognized neighborhood group whose boundaries include the site; � c. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or who is otherwise entitled to such notice. Decision-Making Procedures 18.390-5 SE Updale: 04/01 . 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I '�� < 0 � I I D �I�� r-- � � I � �' ' � ; I� �� ❑ �� I� � � �I�I I Z D ; _.-� � I i � , �I � � � i � I N ' � � �� i; ' II�!�� _�,_,; . . � � a •�-,_ '�� i � ~r- � r_' I'i ii'' I� � Ii ; ii �'li I' N � r C� i r I I II I I fTl ' i i I ' �I i i i i � �rz�o D `c } �� 1 Contrnts� Job No! R�vlsbns� D BINGHAM DUPLEX 2003 B��`� ELEVATIONS cn �.� e�sr e� �esr oa�., 9610/90 E.11. Youct�la Vl�� Laa� Tll�rd. OR. 97224 �+7 � 06i30iO3 � ' '° - . � � PRE-APPLICATION CONFERENCE REQUEST CITY OF TIGARD 13125 SW Hal!B/vd., Tigard, OR 97223(503) 639-4171 FAX.• (503) 684-7297 GENERAL INFORMATION ' � lQ FOR STAFF USE ONLY Applicant: WaN►�t_. �. � i��3 �A� Address: I�"3 Z� �•�. �it��W �bne: 6Y�-78?9 Case No.: ��J�3 -�J�� City: ,��✓�°il�ch , �ie• Zip: 9700$ Receipt No.: Z�� - 3 U I 2. Application Accepted By: � a 3 Contact Person: (,.�aur� Phone: 22`f- �l73 Date: K � P Property Owner/Deed Holder(s): �OG(ck �a,l�c�c�, / p .}- DATE OF PRE-APP.: �! Z Z'I n-3 L I Wll�l.°� iQ�1 N�VS� �A TIME OF PRE-APP.: 9', vv f�""''� Address: 66 S �tva�q Ave. �E Phone: �8�' O 100 PRE-APP. HELD WITH: CItY: �0.�e UVL , v�`Cq�� z�p: g�'3 0 2, Rev.11/S/2002 i:�curpin\mastersVevised\Pre-AppRequest.doc Property Address/Location(s): 95�� QS3o S• L.�• /Vlobck�rtt+�, V<<w G�K� REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted without the required submittal elements) Tax Map &Tax Lot#{s): Z s � � � �A � �2 b � Zoning: � Pre-Application Conf. Request Form Site Size: �D,�OO S4�C��C TZ-°C�_ , Z COPIES EACH OF THE FOLLOWING: [� Brief Description of the Proposal and any site-specific questions/issues that PRE-APPLICATION CONFERENCE INFORMATION you would like to have staff research prior to the meeting. All of the information identified on this form are required to be �-,f submitted by the applicant and received by the Planning Division a L"I Site Plan. The site plan must show the minimum of one (1) week prior to o�cially schedulina a proposed lots and/or building layouts pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location prepare for the meeting. of the subject property in relation to the nearest streets; and the locations of A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and weeks of the Planning Division's receipt of the request for either across the street. Tuesda� or Thursday morninqs. Pre-application conferences are [v]� The Proposed Uses. one (� hour long and are typically held between the hours of � Topographic Information. Include 9:00-11:00 AM. Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre plic tion Conference is for a PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM MONOPO E roject, the applicant must 8:00-4:OO/MONDAY-FRIDAY. attach a c y of the letter and proof in the for of n affidavit of mailing, that IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE the c ocati protocol was completed PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE (see�Section 8.798.080 of the Tigard INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM � Community Development Code). ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Filing Fee $205.00 GROIiP. Pre-Apps (CD Meetings) �� 2003 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Tuesday, July 22, 2003 s:oo 8:30 9:00 Pre-app Wayne Bingham 503-646-7899 CUP f�r duplex 9:30 10:00 Pre-app appt 10:30 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 1:33PM Thursday, July 10, 2003 —-- -------- -- - -- -- - - - - -- -- _ _ ___ -- --- - --�Ie- --r_o _D�'� o _��rs -�� _ -a �c - �-x- /� � . _ �° - o�_- to - er?� �v� �v_�� o�r� aa� �1�� '� �' �`' � l _ . J ' � �Q� 4�l/° l?C�- S/Gi !� �s�� !'�Slel�Ltc c , G � / �- / / � / �� 1 ,L � a _ _ _J C(S� G�Dl�ct�o !G�Gl _ a' !Lf? 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There will no final recommendation to the decision making authority on behalf of the City staff until all concern commenting agencies, City staff and the public have had an opportunity to review and comment the application. The following comments are a proiection of public improvement related requiremen that may be required as a condition of development approval for your proposed project. Riqht-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: � SW Mountain View Lane to 25 feet from centerline ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: � Half street improvements will be necessary along SW Mountain View Lane, to include: � 16 feet of pavement from centerline � concrete curb � storm sewers and other underground utilities � 5-foot concrete sidewalk � street trees � street signs, traffic control devices, streetlights and a two-year streetlight fee. � Other: ROW dedication has been completed. Street improvements must be construct and accepted bv the Citv prior to issuance of buildinc�permit for the duplex. CITY OF TI6ARD Pro-Applicatl�n C�Meronce Notes Page 1 Eiglo��rl�!oe�uteert S�cUa ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ 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. CIT11 OF TI6ARD Pre-Applicad�n C�ideronce N�tet Page 2 �.ei■..rue��a�nMa�s•on•■ . ❑ Other: Aqreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not curren practical, the improvements may be deferred. In such cases, a condition of development approv may be specified which requires the property owner(s) to provide a future improvement guarante The City Engineer will determine the form of this guarantee. The following street improvements m be eligible for such a future improvement guarantee: (1.) �2•) Overhead Utilitv Lines: ❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lin adjacent to a development to be placed underground or, at the election of the developer, fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lin are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Prior to , the applicant shall either place these utilities underground, or pay the fee lieu described above. Sanitarv Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Mountain Vie The proposed development must be connected to a public sanitary sewer. It is the develope responsibility to connect to the public sewer. Water Supply: The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. Th service provider should be contacted for information regarding water supply for your propos development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-701 provides fire protection services within the City of Tigard. The District should be contacted information regarding the adequacy of circulation systems, the need for fire hydrants, or oth questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is convey to an approved public drainage system. The applicant will be required to submit a proposed sto CITY OF T16AR0 Pro-Appllcad�n Caderence N�tes Page 3 E�til�url�!��rt�at Sau�� drainage plan for the site, ' may be required to prepare a s� �asin drainage analysis to ensu � that the proposed system wi�� accommodate runoff from upstream Nroperties when fully developed. Detention is not required. Pay the fee-in-lieu. Storm Water Qualitv: The City has agreed to enforce Surface Water Management (SWM) regulations established by t Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphor contained in 100 percent of the storm water runoff generated from newly created impervious surface The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructi an on-site facility provided specific criteria are met. The City will use discretion in determining wheth or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of ne impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $21 Preliminary sizing calculations for any proposed water quality facility shall be submitted with t development application. It is anticipated that this project will require: ❑ Construction of an on-site water quality facility. � Payment of the fee in-lieu. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that C maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenan access roadways may be required if existing or proposed facilities are not otherwise read accessible. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traf Impact Fee program collects fees from new development based on the development's project impact upon the City's transportation system. The applicant shall be required to pay a fee based up the number of trips which are projected to result from the proposed development. The calculation the TIF is based on the proposed use of the land, the size of the project, and a general use based f category. The TIF shall be calculated at the time of buildinq permit issuance. In limit circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupan permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater th $5,000.00. Pay the TIF. CITY OF TIGARD Prs-Applicatl�n C��erence N�tes Pag�4 E�e1n�sHee D��rLnset S�etl�a PERMITS • Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineeri Department. A PFI permit application is available at the Planning/Engineering counter in City Ha For more extensive work such as street widening improvements, main utility line extensions subdivision infrastructure, plans prepared by a registered professional engineer must be submitted review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. deposit is collected with the application, and the City will track its costs throughout the life of t permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cas where City costs exceeds the deposit amount. The Permittee will also be required to post performance bond, or other such suitable security. Where professional engineered plans a required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the desi engineer to perForm the primary inspection of the public improvement construction work. The P permit fee structure is as follows: NOTE: If an PFI Permrt is required,the applicant must obtain that permit prior to release of any permits from t�e Building Diuision. Buildinq Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a mo detailed explanation of these permits, please contact the Development Services Counter 503-639-4171, e�. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commerci industrial and multi-family projects. This permit will also be required for land partitions where grading and private utility work is required. This permit covers all on-site preparation, gradi and utility work. Home builders will also be required to obtain a SIT permit for grading work cases where the lot they are working on has slopes in excess of 20% and foundati excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issu after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers work necessary for building construction, including sub-trades (excludes grading, etc.). Th permit can not be issued in a subdivision until the public improvements are substantia complete and a mylar copy of the recorded plat has been returned by the applicant to the Ci For a land partition, the applicant must obtain an Engineering Permit, if required, and return 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 plumbi that may also be required. Contact the Development Services Counter for more information. CRY OF n6ARD Pro-Applicatl�n Co��r�nce N�tet Page 5 E�/I��rl�'�spart�nt S�eUn GRApING PLAN REQUIREMENTS FO 1BDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. T engineer will also be required to indicate which lots have natural slopes between 10% and 20%, well as lots that have natural slopes in excess of 20%. This information will be necessary determining if special grading inspections will be required when the lots develop. The design engine will also be required to shade all structural fill areas on the construction plans. In addition, ea homebuilder will be required to submit a specific site and floor plan for each lot. The site plan sh include topographical contours and indicate the elevations of the corners of the lot. The builder sh also indicate the proposed elevations at the four corners of the building. PREPARED BY• -GY�� - - �• ��' a� E GIN RING DEPARTMENT STAFF DATE Phone: [5031639-4171 Fax: [50316240752 i:leng�brianAtemplateslpreap notes-eng.dot Revised: March 21,2002 CITY OF T16AR0 Pre-Applicaden C�meronce Netes Page 6 Engla�ering Ue�artm�nt Sectlon � CITY OF TIGARD � PRE-aPPIICATION CONFERENCE NOTES ��ny�n��°nr � � S'(rvping%1 R3etterC�mniunity (Pre-Application Meeting Notes are 4alid for Six (6) Months) RESIDENTIAL �►�o� 0�-22-03 �,��,�: / � APPLICANT: � � AGENT: Phone:�5�3) � �-ot�3 Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOfATION: 9.f�/O .� 9S._32' .�� i��. l��, LcrL� TAX MAP(S)/LOT #(S). 25I!/I3A-a i2o� NECESSARY APPLICATIONS:�l'v�') C��i'a-ir� �v.e_ `�.�ezu��" PROPOSAL DESCRIPTION: ,3GU�� a� ol-�c,d/�c � � ,`� �/� �-ou� _ COMPREHENSIVE PLAN , ' MAP DESIGNATION: .�ew .1��..-c-g�� ,�P ��,.�'/��, �� ZONING MAP DESIGNATION: �� CITIZEN INVOLVEMENT TEAM(C.I.T.j AREA: S� ZONIN6 DISTRICT DIMENSIONAL REQUIREMEMTS [Refer to Code Sec6on 18.�i� l i p,000 '�.•�+ro. MINIMUM LOT SIZE:�sq. ft. Average Min. lot width:�ft. Max. building height: 30 ft. Sctbacic� Front �2o ft. Side_�ft. Rear�ft. Corner/�ft. from street. MAXIMUM SITE COVERAGE: - % Minimum landscaped or natural vegetation area: � %. GARAGES: �o ft. ��E16HBORNOOD MEETIN6 [Refer to the Neighborhood Meeting Nandoutl THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meetinq is to be held prior to submittinq vour application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 Residential ApplicatioNPlanning�ivision Section � ,,� NARRATIVE [Refer to Code Chapier 18.3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. �IMPACT STUDY [Refer to Code Secdons 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. (�ACCESS [R�fer to Chapters 18.705 and 18.1651 Minimum number of accesses: / Minimum access width: �� Minimum pavement width: i� � ❑ WALKWAY REQUIREMENi'S [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 BENSITY CALCULATION [Refer to Code Chapter 18.7151-SEE E](AMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: All sensitive lands areas includinq: ➢ Land within the 100-year floodplain; ➢. Slopes exceeding 25%; ➢ Drainageways; and ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public riqht-of-wav dedication: ➢ Single-family allocate 20°/a 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. ExAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Muld-Family 43,560 sq. ft.of gross site area 43,560 sq.ft. of gross site area 8.712 sq.ft. (20%)for public riqht-of-way 6,534 sq.ft_ (15%)for public riqht-of-wav , NET: 34,848 square feet NET: 37,026 square feet - �050 (minimum lot areal - 3 050{minimum lot areal = 11A Un"tts Per Acre = 12.1 Un"its Per Acre *ibe oerel�pmeat Code requires Wat thc aet site uea radst fe�the aext whole dweUing unit MO ROUNOIN6 UP IS PEBMITiEO_ �M"qdmnm Pn�ect Deasiql is 80X ef We wa�dmum ntl�wed deas�fl.TO DETEBMINE iNIS STANDARO,MULTIPLY THE MAKIMUM NUMBER 0F UNITS BY.i. CIN OF TIGARD Pre-Application Conference Notes Page 2 of 9 Residential App4c�oNPlannirg Division Section ' ❑ SPECIAL SETBACKS [Refer to Code Sec6on 18J301 ➢ STREETS: feet from the centerline of ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. ➢ ZERO LOT LlNE 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 structures'seiback requirements.l ❑ F1A6 LOT BUILDIN6 NE16NT PROYISIONS [Reter to Code Chapter 18.7301 MAXIMUM HEIGHT OF 1'/2 STORIES or 25 feet, whichever is less in most zones; 2'/2 stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. � BUFFERIN6 AND SCREENING [Refer to Code Chapter 18.7451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along ce�tain 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 ��,y� horizontal plantings. Site obscuring screens or fences may also be required; these are often � �,�.�I�e�� dvisable 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. LD�� The ESTIMATED REQUIRED BUFFERS applicable to vour proposal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: � LANOSCAPIN6 [Refer to Code Chapters 18.745,18.765 and 18.7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR z 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 apa�t depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. ❑ RECYCLIN6 [Refer to Code Chapier 18.7551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. CITY OF TIGARD Pre-Appl'ica6on Conference Notes Page 3 of 9 Residential Appica6aVPlannag Oivision Section ' � PARIONG [Refer to Code Chapters 18.765 g 18.7051 ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. ➢ Single-family............ Requires: One 1 off-street parking space per dwelling unit; and One �1� space per unit less than 500 square feet. ➢ Multipie-family.........Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. ➢ Handicapped parking: All parking areas shall provide appro�riately located and dimensioned disabled person parking sPaces. The minimum number of d�sabled 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 Sectlon 18.7651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE IANUS [Refer to Code Chapi�r 18.7151 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to Rreciselv identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting 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 18.715.O70.C1 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ❑ CLFANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R a 0 96,44/USA Regulations-Chapter 3l LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a � vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Desiqn Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential ApplicationfPlanning Division Section ' TQBLE 3.1 VE6ETATED CORRIDOR WIDTNS SOURCE: CWS DESI6N ANO CONSTRUCTION STAHOARDS MANUAURESOLUTION 8 ORDER 96-44 SLOPE ADJACENT WIDTH OF VEGETATED ' SENSITIVE AREA DEFINITION TO SENSlTIVE AREA' CORRIDOR PER SIDEZ ♦ Streams with intermittent flow draining: <25% � 10 to <50 acres 15 feet ► >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet . Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and onds • Streams with intermittent flow draining: >25% 1 10 to <50 acres 30 feet � >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting ♦ Streams with intermittent flow draining >100 acres point to the top of ravine (break in ♦ Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 5tarting point for measurement = edge of the defined channel (bankful flow) fo� sUeamslrivers, delineated weUand boundary, delineated spring boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intertnittent springs, located a minimum of 15 feet within the rivedstream or wetland vegetated corridor,shall not serve as a starting point for measurement. • ZVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condi6on. 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 confiRns slope stability shall 6e maintained with the reduced setback from the top of ravine. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the USA Design and Construction Sfandards. Location of VeQetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R8�0 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. ,��EE REMOYAL PLAN REQUIREMENTS [Refer to Code Section 18.790.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 Residen6al App6catiadPlanniog Division Section • THE TREE PLAN SHALL INCLUDE 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 fandscaping, streets and parking lots: . Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; . Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; . Retainage of from 50 to 75% of existing trees over 12 inches in caliper 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 invento�ied as part of the tree plan above and will be replaced according to Section 18.790.060.D. �MITI6ATION [Refer to Code Sectlon 18.790.060.EJ REPLACEMENT OF A TREE shall take place acco�ding 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 foRnula: . 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. �LEAR 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 AppGcatioolPlanning Division Section ' ❑ FUTURE STREET PLAN AND E1IT�NSIOM OF STREEiS [Refer te Code Section 18.810.030.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, bicyde 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. � ADDI'IIONAI LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/z TIMES THE AVERAGE WIDTH, unless the parcel is less than 1'/2 times the minimum lot size of the applicable zoning district. ❑ 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 Iocation 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. cooE cNnrr�Rs � 18.330�c«,d�o�i u�� ')8.F)ZO(Tgard Triangle Desgn Shandards) � �H.7F)5(OffStreet Pa�kinglloading Requiremenfs) _ 18.340(Directors Interpretation) 18.630(Washington Square Regiaial Center) _ 18.775(Sensitive�ands Review) _ 18.350(P�anned oeve�opmeny 18.705 ta,o�9�c��,�� _ 18.780�sg�> _ 18.360�srta��r R�� 8.��O(Aocessory Residen6al Units) _ ')H.7S�J(Temporary Use Pertnifs) _ 18.370(varianoe.s�Ad]ustrnents) � 18.715(�ensity c,omEwtations) ?� 18.790 R�R�►,o�q _ 18.380�z«��ar�c,a�,�,a�,�,c�� ')B.�ZO(Design Compatibility Standards) '� 18.795�v��c��n�� _ 18.385�n�i�P�►„n�� 15.725(Envvonmental Performance Standards) _ �8.795�reless Communication Fadlities) ✓� 18.390(oedsion Making Proceduneslfmpact Study) �8.730(Exceptions To Devebpment Standards) ,� 18.81 O(Street 8 UtiGry Improvement Standards) _ �8.4')O(Lot Line Adjustrnents) 18.740(H�staic o+�ertay� _ _ 18.420(�and Partieons) �S.74Z(Home OccupaUon PertnAs) _ 18.430�s�na�� 18.745(�.andscaPing�screenin9 standards) � 18.510�R��z«,�,y astr�c�> �H.7�JO(Manufactu�edMlobil Home Regulations) _ 18.520�c«,��z«,�o�a�� 18.755(Moced so�id waste�tecy�r�smra9e) _ 18.530 pndustrial Zoning Distrids) �8.760(Nonconformirg Situations) CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 R�id�,eal npplicabonlPlan,uny ahsi«,section . . ' AODITIONAL COMCERNS OR CAMMENTS: , UF'��r� r- ;�� `' � +, �l N. �<� _,c��e — 1��.. •-�� vhtn.� {j{ ::1,cI:-sc,f)� 1 i — �nc:��0� �1Q�^r;��.iP "' �qc,11(�2 �.�`e " �r�c.\li�G ��Q ■ 1an � � ��(:)��_� �':,.,_��'�1[' tV 1 7 - ..�1 h��,� ��:�,�,; �s `��: 1,�, �,- ��. ��, � �1 N��-,u, s'�G - �x -�C �ec'.��',�` n Q ,.. ' �, ' � � ,� y 1SSl1e ..�� (16r,;� �L`� I �n_:i DC�';�nn,-k_S PROCEDURE Administ�ative 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. APPUCATION SUBMIITAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: A lications submitted b mail or dro ed off at the counter without Plannin �vision acce tance ma e returned. The Planninq counter c oses at 4:00 PM. Ma s submitted with an application shall be folded IN ADVANCE to 8.5 by 91 inches. One {1), z x ma o a ro ose ro'ect�fd-be su�E�mitte��or attac ment to t e sta re ort or administrative decision. Application with un olded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional infonnation or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 Resid�tial App6caliaJPlanning Division Section ' The administrative decision or public hearing wifl typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or Protracted issues o� requiring review by other jurisdictions may take additional time to review. Wntten recommendations from the Planning staff are issued seven (7) days prior to the public hearing A 10-day public appeal period follows all lan use decisions. An appeal on this matter would be heard by the Tigard � . A basic flow chart which illustrates the review process i vailable from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. SUBDIVISION PLAT NAME RESERVAflON [County Surveyor°s Office: 503-648-88841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are re�uired to complete and file a subdivision plat naming request with the Washington County Surveyor s Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDIN6 PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to applv those svstem develoqment credits to the first buildinq permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED). e con erence an no es canno cover a o e requiremen s an aspec s re a e , o site planning that should ap pl to the development of your site plan. Failure of the staff to provide information required by the C�e shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code re uirements pr'ior to submitting 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: � �� - CITY Uf T ARD IANNIN I ON - ST RSON NOLDING PRE-APP. MEETING PHONE: (503) 639-0I71 FAX: (503) 684-1297 E-MAIL• �scaN's first name)p�ci.tiga�d.or.us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT fODE)INTERNET ADDRESS: www.ci.tigard.or.us H:IpattylmasterslPre-App Notes Residential.doc Updated: 26-Jun-02 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Reside�tial AppticatiailPlanning Division Sectio� _ , Facsimile Cover Sheet TO Date: /D -/la- 03 Name: DIC� $�.t��z�eSOO� Telephome: Company: G► T� GF � (��'r20 Fax Number: �7D��jq'-7Z�?'�7 Locauon/Depaxtme�.t_ FROM Name: �C�-rl� _�1�,g17�L L . G & L Lan,a surveying, Inc. 8116 S.W. Nimbus Ave. Telephone: (503) 641-0308 Beave�ton, Oregon 97008 Fax: (543) 671-0877 Contents: Total Pages Transmitted, �_ Inciuding Cover Page. Message: ��GL, F�Z2� F�(� j p{� (,w�,Il(1p�,0 17l M 4�S►CK�S' (�� "�f-f�� LdT LIti�S � F�(�Iit+4,S�- i►°SY.�- 1uC�T 1 ftf�� T!'f� GF T lS ,�10� fGTfbU��C�j� . 1�'� ('��.--��c�N ��/ �t� f��i42c�t�bS � 7ly�i� U�s � GvtflC 1� �� l�(5.�� C��C,�2c.K ��PcCZF� r�rV �t� !��f�-�. � `-lC� l�tJl L(.. �lI�VD 1 t3f�� (G�f� f�2� G� <b�r�-- LC'j'c JS lC��C�C� SC2 .�c_ Nvte: If inessage is not received compleLely please contact sender. Z0/Z0'd JNI1,3(1�If1S QNtI� � '8 �J 8�:ST �00z-9ti-1�0 OCT-16-2003 15�38 G & L LAND SURVEYING P.02i02 . - soo°o2'3�"E 71 .54000008' .� N n� •� �.. — o � n - 4� ", �, � ci -{ � - � ' � -r � o N T- N Op d� 0� � N ►'7 O � � � � Q� E-- O� � � , � �-- � � � � N � o � C� °o I�J � o � O � ° a- � � O � O r' M � O `_' w � o � �n � �n rn � 00 00 � � S00°02'47"E 71 .54000000' TOTAL P.02