CUP1998-00002 . CITY OF TIGARD
Community�DeveCopment
ShapingA BetterCommunity
CITY OF TIGARD
'Washington County, Oregon
NOTICE OF FINAL ORDER
BYTNE CITY OFTIGARD NEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT (CUP) 98-0002/MINOR LAND PARTITION
(MLP) 98-0007NARIANCES (VAR) 98-0005 8� 6
Case Name: WILDFLOWER PROPERTIES TOWNHOMES
Name of Owner: City of Tigard
Name of Applicant: Wildflower Properties. Inc.
Address of Applicant: 15491 SW Peachtree Drive City: Iiaard State: r n Zip: 79 224
Address of Property: 9510 SW McDonald Street City: Tigard State: Ore on Zip: 7224
Tax Map & Lot No(s).: WCTM 2S111 BA, Tax Lot �0103.
ReQUest:—➢ AT THE JULY 13, 1998 PUBLIC HEARING, THE HEARING'S OFFICER APPROVED, SUBJECT
TO CONDITIONS, A REQUEST FOR APPROVAL OF THE FOLLOWING DEVELOPMENT
APPLICATIONS TO ALLOW THE DEVELOPMENT OF TWO (2) TOWNHOMES ON TWO (2)
LOTS:
1. Conditional Use Permit to develop attached residences;
2. Minor Land Partition to split the existing 27,495 square foot property into two (2) parcels of
5,603 and 5,605 square feet and an additional tract for existing wetland areas; and
3. Variances have been requested to the 7,500 square foot lot minimum standard and to reduce
the 15-foot rear yard setback to seven (7)'h feet.
Zone: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5 zoning district is to
establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA:
Community Development Code Sections 18.32, 18.50, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120,
18.130, 18.150, 18.162 and 18.164.
ACtl011: —➢ � Approval as Requested � Approval with Conditions ❑ Denial
NOtICC: Notice was published in the newspaper, posted at City Hall and mailed to:
0 Owners of record within the required distance � Affected governmental agencies
� The affected Citizen Involvement Team Facilitator O The applicant and owner(s)
Final Decision: �
DATE OF fILING: IULY 30,1998
TNE DECISION SHALL BE FINAL ON AUGUST 12,1998 UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision and statement of conditions can be obtained from the City
of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section
18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is
given and sent. The appeal may be submitted on City forms and must be accompanied by the
a eal fee s of$1,745. lus transcri t costs, not in excess of$500.
THE DEADLINE FOR FILINC OF AN APPEAL IS 3:30 P.M.ON AUCUST 12,1998.
Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
CUP 98-0002/MLP 98-0007NAR 98-0005&6 WILDFLOWER PROPERTIES TOWNHOMES NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CTTY OF TIGARD,OREGON
Regarding an application by Wildflower Properties for approval ) F I N A L O R D E R
approval of a preliminary plan to divide 0.63 acres into 21ots, MLP 98-0007
a conditional use permit for an attached dwelling, and variances ) CUP 98-0002
to lot size and rear yard setback standards for land at ) VAR 98-0005 &-OOQ6
9510 SW McDonald Street in the City of Tigard, Oregon ) (Wildflower)
I. SUMMARY
A. This final order concerns an application by Wildflower Properties, Inc. (the
"applicant")to partition property located on the west side of McDonald Street between 93rd
and 97th Avenues (9510 SW McDonald Street, the"site"). The applicant proposes to
divide the 0.63-acre site into 21ots and a trac� The proposed tract contains roughly 16,287
square feet,including 11,282 square feet of wetlands. The proposed lots comply with
dimensional requirements of the R-4.5 zone except the minimum lot size standard.
l. The minimum lot size in the zone is 7500 square feet. The applicant proposes to
create two lots each containing about 5600 square feet;therefore the applicant requests a
variance to the minimum lot size standard.
2. The site is not developed with structures. The applicant proposes to build
attached single-family dwellings on the site. The two dwellings will share a common side
wall and a common driveway and vehicle maneuvering area. The applicant requests
approval of a conditional use permit for the attached dwellings as required by the Tigard
Community Development Code("CDC").
3. The proposed dwellings will be situated about 7.5 feet from the rear lot line of
the proposed lots. The CDC requires a minimum rear yard setback of 20 feet. Therefore
the applicant requests a variance to that standard.
4. The applicant will extend public sewer and water to each lot. The applicant will
construct a sidewalk and will plant street trees along the site's McDonald Street frontage.
5. The applicant proposes to collect storm water runoff from roofs and to direct it
to the wetland on the site. The applicant will direct water from the proposed common
driveway to the drainage facilities in the McDonald Street right of way.
B. At the public hearing in this matter,City staff recommended approval,subject to
conditions. See the Staff Report dated July 6, 1998 (the Staff Report). The applicant
accepted the staff recommendations without exceptions. Three neighbors testified orally;
one in support and two with objections or concerns. The hearings officer closed the record
at the conclusion of the hearing. The principal issues in this case include the following:
1. Whether the proposed development will adversely affect drainage; and
2. Whether attached dwellings should be permitted on the site, particularly given
the steep slope and wetlands on portions of the site and its relationship to McDonald Street.
E. For the reasons provided and referenced in this final order, the hearings officer
approves the preliminary plan for the partition, the conditional use pennit for the attached
dwellings, and the variances to minimum lot size and minimum rear yard setback, subject
to the conditions recommended by City staff with certain changes described more herein.
II. HEARING AND RECORD
A. Tigard Hearings Officer Larry Epstein (the hearings officer) held a duly noticed
public hearing on July 13, 1998 to receive and consider public testimony in this matter.
The record closed at the conclusion of the hearing. The record includes a witness list,
materials in the casefile as of the close of the hearing, and an audio record of the hearing.
At the beginning of the hearing, the hearings officer announced the rights of persons with
an interest in the matter, including the right to request that the hearings officer continue the
hearing or hold open the public record,the duty of those persons to testify and to raise all
issues to preserve appeal rights and the manner in which the hearing will be conducted.
The hearings officer also disclaimed any ex parte contacts, bias or conflicts of interest.
B. The following testimony was offered at the hearing in relevant part.
1. City planner Mark Roberts summarized the applicable approval standards, the
Staff Report and the proposed development. He highlighted the reasons for the variances.
2. Ron Bohart testified for the applicant. He described the proposed development,
explained why the variances are needed, and accepted the Staff Report without exceptions
or corrections.
3. A neighbor to the south, Irene Mawhirtir,testified in favor of the application.
4. Linda Parker, a neighbor to the west, testified with concerns about drainage and
whether proposed fencing or additional storm water could impede downstream flows or
cause water to back-up onto the site and adjoining properties. In response, Mr. Roberts
testified that the roof water can be discharged to the wetland and that the applicant will pay
a fee in lieu of on-site water quality treatment, because of the relatively small size of the
site. He testified the applicant could ask the city to accept a donation of the open space
tract,but the city cannot require the dedication, also because of the relatively small size of
the site. Also in response,Mr. Bohart testified about his drainage plans and a 6-foot high
fence he will install around the tract, noting that USA rules require him to install the fence.
5. Reid Myers, a neighbor to the west, testified against the application. He argued
the site is not large enough to accommodate two dwellings, due to the impact of the steep
slope along McDonald Street and the sensitive wetlands on the west part of the site. He
raised concerns about the safety of access from the site to McDonald Street, noting that cars
parked along the street obstruct views.
III. DISCUSSION
A. City staff recommended approval of the application based on findings and conclusions
and subject to conditions of approval recommended in the Staff Report. The applicant
accepted those conditions without exceptions. The hearings officer agrees generally with
those findings, conclusions and conditions, and adopts the affirmative findings in the Staff
Report as support for this Final Order except as expressly provided to the contrary in this
Final Order.
B. There is a dispute about whether the proposed development will adversely affect
drainage. This issue is relevant to the conditional use permit(CDC section 18.130.040)
and to the partition (CDC section 18.162.040 and 18.164_100). The hearings officer finds
that the proposed drainage measures can comply with the applicable standards as follows:
Hearings D�cer Final Order
MLP 98-0007/CUP 98-0002NAR 98-0005 and -0006 (Wildflower) Page 2
1. The characteristics of the site, particularly its size,topography and hydrology,
are suitable for the proposed use and associated drainage, because the wetland and a buffer
around the wetland will be preserved in a largely undeveloped condition, and will continue
to provide for storm water detention,enhancement and transport. The topography of the
site is such that water from roof drains can be directed by gravity to the wetland. Drainage
from the driveways can be directed by gravity to the public storm facilities along McDonald
Street. Fencing around the wetland will reduce the chance that activities by people or
domestic animals in the wetland area may disrupt its proper functioning.
2. Erosion could adversely affect storm water drainage by impeding or diverting
the flow of water or by clogging drains, inlets or pipelines. The hearings officer finds that
such effects can be prevented in the long-term by revegetating areas of the site that are
disturbed by development. Revegetation of disturbed areas should be required. Such
effects can be prevented during construction by employing soil stabilizat�on and erosion
control measures required by USA. Condition of approval 10 addresses the fee in lieu of
on-site water qualiry treatment,but does not explicitly reference USA erosion control
requirements or revegetation. T'he condition should be amended to do so.
3. The applicant may offer to dedicate the wetland and buffer tract to the City, and
the City may or may not accept that offer. If the City dces not accept such an offer,the
applicant should be required to provide for the common ownership and maintenance of the
tract. A condition of approval should be added to this effect to help ensure the carrying
capacity and function of the wetland is preserved and maintained.
C. There is a dispute about whether attached dwellings should be permitted in the site.
The issue is relevant to the conditional use pecmit(CDC section 18.130.Q40). The
hearings officer finds the applicant made a prima facie showing that the conditional use
permit complies with the applicable standards, based on the findings in the Staff Report..
Although there was testimony to the contrary by Mr. Reid, he did not introduce substantial
evidence to support his opinions.
1. Two homes will have more impact than would one home, but that is not reason
enough to deny the conditional use application. Because the homes will be situated on the
site in a manner that protects the wedand and wetland buffer and allows a single common
access to McDonald Street, it addresses natural features and access consistent with CDC
18.130.040. The same area of the site is likely to be affected by development whether the
site is developed for one home or two. There is no evidence that conditions along
McDonald Street are hazardous.Two homes will have an incrementally small impact on
street traffic. The applicant proposes a common drive to minirnize the potential for safety
hazards due to multiple turning movements or traffic bacldng out into McDonald Stree�
2. The variance applications also are not enough to show the site is unsuitable for
the proposed use. Rather they show the structures will be sited thoughtfully to protect
natural resources and to reduce the potential for adverse land use or traffic effects. The
variances comply with applicable standards (CDC section 18.134.050), including a
standard that prohibits variances from being materially detrimental, based on the findings in
the Staff Report.
3. More development(i.e., two homes instead of one) is not inherently adverse
provided it can be accommodated on the site. In this case the hearings officer finds it can.
In fact it is more consistent with the underlying zoning to allow two homes than to allow
only one home, because it better fulfills the need recognized in the City Comprehensive
Plan and in the CDC for more in-fill housing in the city. Although Mr. Reid argued the
attached homes will be occupied by renters, and renters do not care about the community,
Hearings O�cer Final Order
MLP 98-0007/CUP 98-0002NAR 98-0005 and -0006 (Wildflower) Page 3
there is no evidence to support his opinions. By creating a separate lot for each home, the
proposal facilitates home ownership. But whether the homes are owner occupied or not is
irrelevant to any applicable city standard. The hearings officer cannot assume the form of
the development will lead to adverse behavior by residents of the homes. Such an
assumption would be unsupported, arbitrary and capricious and would deny equal
protection of the law to the people who might benefit from additional housing opportunity.
N. CONCLUSION
The hearings officer concludes that the partition,conditional use and variance applications
do or can comply with the relevant standards and criteria of the Tigard Community
Development Code (CDC) as provided in this Final Order, provided the application is
subject to conditions of approval that ensure the final subdivision plat and subsequent
development will comply with applicable CDC standards and criteria. Therefore those
applications should be approved subject to such conditions.
V. DECISION
Based on the fmdings and conclusions provided or referenced in this Final Order, the
hearings officer hereby approves MLP 98-0007, CUP 98-0002 and VAR 98-0005 and 98-
0006) subject to the conditions of approval in the Staff Report with the following changes:
A. Condition of approval6.D is hereby added to read as follows:
D. If the applicant does not offer or the City does not accept an offer to dedicate
the wetland and buffer tract or a maintenance easement over that tract, the
applicant shall submit to the City for review and approval articles of
incorporation and bylaws of a homeowners association which shall provide
that the homeowners association shall own and continuously maintaui the
wetland and buffer tract in good condition; that association members and other
members of the general public shall not enter into or remove healthy vegetation
from the tract except as needed for maintenance purposes; and that the
association members shall maintain the flow of the water through the tract or
shall cooperate with USA or the City of Tigard for that purpose.
B. Condition of approval 10 is hereby amended to read as follows:
10. Prior to undertaking any development on the site or the issuance of grading
peimits for either parcel, the applicant shall submit an erosion control plan to
and receive approval of an appropriate plan from the USA. Such plan shall
provide for timely soil stabilization of any area from which vegetation is
removed and shall result in timely revegetation of all disturbed areas that are
not developed with structures or impervious surfaces. Prior to issuance of
building permits for either parcel, the applicant shall pay the standard water
quality fee per lot (fee amount will be the latest approved by USA).
TE this 22nd July, 1998.
Larry E stei A
City of ' d H rings Officer
Hearings O�cer Final Order
MLP 98-0007/CUP 98-0002NAR 98-0005 and -0006 (Wildflower) Page 4
Agenda Item: _.I
Hearing Date: July 13, 1998 7:00 PM
STAFF REPORT TO TNE
HEARING'S OFFICER
FOR TNE CITY OF TIGARD,OREGON Cmm�uni�Deve(opment
SF+a i .A Better Communi
120 DAYS = 9/17/98
SECTION I. APPLICATION SUMMARY
FILE NAME: WILDFLOWER PROPERTIES TOWNHOMES
CASES: Conditional Use Permit CUP 98-0002
Minor Land Partition MLP 98-0007
Variances VAR 98-0005
VAR 98-0006
PROPOSAL: The applicant has requested Conditional Use Permit approval to
develop two (2) attached dwelling units. The applicant has requested a
related Minor Land Partition to divide one (1) parcel of approximately
27,442 square feet into two (2) parcels of 5,603 and 5,605 square feet
and an additional wetlands Tract A of 16,287 square feet respectively.
The applicant has also requested approval of Variances to the 7,500
square foot minimum lot size and the 20-foot rear yard setback
standards.
APPLICANT: Wildflower Properties OWNER: City of Tigard
15491 SW Peachtree Drive 13125 SW Hall Boulevard
Tigard, OR 97224 Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre.
ZONING
DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. The R-4.5 Zoning District
permits the establishment of sites for single-family, attached and
detached units for Low Density Residential development.
LOCATION: 9510 SW McDonald Street; WCTM 2S111 BA, Tax Lot 00103.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.88, 18.96,
18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.134, 18.150,
18.162 and 18.164.
SECTION II. STAFF RECOMMENDATION
The Planning Division recommends that the Hearing's Officer APPROVE the above request
subject to Conditions of Approval.� The findings and conclusions on which the
recvmmendation is based are noted in Section IV of this report.
7/13/98 HEARINGS OFFICER STAFF FiPT. CUP98-021MLP 98-07NAR 98-05&06-WILDFLOWER PFOPERTIES TOWNHOMES PAGE 1 OF 12
CONDITIONS OF APPROVAL
PRIOR T4 RECORDING THE FINAL PLAT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED: (Uniess otherwise noted, the staff
contact shall be Brian Rager in the Engineering Department at 503-639-4171.
1. Prior to approval of the final plat, a Street Opening Permit will be required for this
project to cover the sidewalk and driveway on SW McDonald Street and the sanitary
sewer tap. The applicant will need to submit five (5) copies of a proposed public
improvement plan for review and approval. NOTE: these plans are in addition to any
drawings required by the Building Division and should only include information
relevant to the public improvements.
2. As a part of the public improvement plan submittal, the Engineering Department shall
be provided with the name, address and telephone number of the individual or
corporate entity who will be responsible for executing the compliance agreement (if
one is required) and providing the financial assurance for the public improvements.
3. The applicant shall construct the following frontage improvements as a part of this
project:
A. Five-foot concrete sidewalk; and
B. Driveway apron.
4. The final plat shall contain a joint ingress/egress easement to cover the shared
driveway for the 2 parcels. A note shall also be shown on the plat explaining the
maintenance responsibilities for that easement area.
5. The applicant shall either place the existing overhead utility lines along SW McDonald
Street underground as a part of this project, or they shall pay the fee in-lieu of
undergrounding. The fee shall be calculated by the frontage of the site that is parallel
to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the
amount will be $5,500. and it shall be paid prior to approval of the final plat.
6. Final Plat Application Submission Requirements:
A. Submit for City review 3 paper copies of the partition plat prepared by a land
surveyor licensed to practice in Oregon and necessary data or narrative;
B. The partition plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington
County and by the City of Tigard; and
C. Once the City and County have reviewed the plat, submit 2 mylar copies of the
partition plat for City Engineer's signature.
7. The applicant shall indicate the street tree species to be provided that complies with
street tree spacing standards and post a cash deposit to ensure their planting.
STAFF CONTACT : Mark Roberts, Planning Division.
7/13/98 HEAFiINGS OFFICER STAFF RPT. CUP98-02Ru1L.P 98-07NAR 98-05&O6-WILDFLOWEFi PROPERTIES TOWNHOMES PAGE 2 OF 12
8. It does not appear that trees will need to be removed as part of this development.
However, the applicant shall provide a plan indicating the locations and sizes of trees
on site and a mitigation plan for any trees over 12 inches in diameter that will need to
be removed including a protection/treatment plan during site construction for healthy
trees to be preserved in accordance with Section 18.150. STAFF CONTACT: Mark
Roberts, Planning Division.
PRIOR TO ISSUANCE OF BUILDING PERMITS, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
9. Prior to issuance of building permits, the applicant shall provide the Engineering
Department with a recorded mylar copy of the subdivision/partition plat.
10. Prior to issuance of the building permits for either parcel, the applicant shall pay the
standard water quality fee per lot (fee amount will be the latest approved by USA).
PRIOR TO ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING
CONDITION SHALL BE SATISFIED:
11. The applicant shall plant street trees prior to final Certificate of Occupancy on each
new residence.
THIS APPROVAL SHALL BE VALID FOR i 8 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Historv:
The subject property is presently undeveloped. The site has approximately a 15% slope
in a southerly direction from SW McDonald Street. Much of the site frontage on SW
McDonald Street appears to be overgrown with berry bushes. Down the slope away from
SW McDonald Street, the site contains trees and a wetlands/drainage area. On the north
side of SW McDonald Street, the site is adjoined be detached single-family residences.
To the south and west, the property is adjoined by detached single-family residences.
The portion of the property immediately to the east along SW McDonald Street was
previously used as the Unified Sewerage Agency Pump Station. The southem portion of
the parcel to the east is developed with a detached single-family residence.
Site Information and Proposal Description:
The applicant has requested Conditional Use Permit approval to develop 2 attached
dwelling units and approval of a related Minor Land Partition to divide 1 parcel of
approximately 27,442 square feet into 2 parcels of 5,603 and 5,605 square feet and an
additional wetlands `Tract A" of 16,287 square feet respectively. The applicant has also
requested approval of Variances to the 7,500 square foot minimum lot size and the 20-foot
rear yard setback standards.
7/13n38 HEARINGS OFFICER STAFF RPT. CUP98-02JMlP 98-07NAR 98-05&O6-WILDFLOWER PROPERTIES TOWNHOMES PAGE 3 OF 12
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINCS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Impact Studv: Section 18.32.050 states the applicant shall either specificaliy concur
with a requirement for public right-of-way dedication, or provide evidence that
supports that the real property dedication requirement is not roughly proportional to
the projected impacts of the development. Alternatively, an applicant may
specifically concur with the requirement for dedication of right-of-way to the public
and waive the impact study analysis by dedicating the right-of-way and completion
of a waiver statement. With the narrative accompanying this application, the applicant
stated that no impact study was necessary because no right-of-way dedication would be
required.
Any required street improvements to certain collector or higher volume streets and the
Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at
the time of development. Based on a transportation impact study prepared by David
Larson for the A-Boy Expansion/Dolan II (Resolution 95-61), TIF's are expected to
recapture 32% of the traffic impact of new development on the Collector and Arterial
Street system. Presently, the TIF for each trip that is generated is $189. The total TIF for
a single-family dwelling unit is $1,890.
Upon completion of this development, the future builders of the residences will be required
to pay TIF's of approximately $3,780 ($1,890 x 2 dwelling units), assuming single-family
residences and not duplexes are developed. Based on the estimate that total TIF fees
cover 32% of the impact on major street improvements citywide, a fee that would cover
100% of the project traffic impact on major streets is $11,340 ($5,670 x 2 dwelling units).
� By subtracting the traffic impact fee ($3,780) and the sidewalk cost (200.2 feet of frontage
x $25 per lineal foot ($5,005) from the estimated total project impact, the total unmitigated
impact of this development is estimated to be $2,550. For this reason, the recommended
Conditions of Approval for sidewalk improvements on the property frontage on SW
McDonald Street have less monetary value than the impact of the development and,
therefore, meet the rough proportionality test.
Conditional Use Permit: Section 18.130.040 contains approval criteria for a
Conditionally Permitted Use. The applicant has proposed to develop 2 attached dwelling
units. Attached single-family residences require approval of a Conditional Use Permit within
the R-4.5 Zoning District subject to the following standards:
The site size and dimensions provide:
❖ Adequate area for the needs of the proposed use; and
❖ Adequate area for aesthetic design treatment to mitigate possible adverse
effects from the use on surrounding properties and uses.
The site complies with the dimensional criteria for development of attached single-family
dwellings except for development standards that are the subject of the proposed variances
and are reviewed in detail in this report. The building footprint as proposed would be similar
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05&O6-WILDFLOWER PROPEFTIES TOWNHOMES PAGE 4 OF 12
in size and design as au�.,ming single-family detached resid�...�al dwellings. Although no
building elevations were provided, various architectural plans can be compatible with the
adjoining neighborhood because no predominant architectural theme has been utilized
throughout this area.
The characteristics of the site are suitable for the proposed use considering size,
shape, location, topography, and natural features. The applicant does not appear to
have proposed more grading than necessary given the existing topography. The plan as
proposed protects wetlands' areas within an open space tract area. The proposed project
density is consistent with underlying zoning standards as is reviewed elsewhere within this
report.
All required public facilities have adequate capacity to serve the proposal. Public
facilities are available or can be made available to serve this site, as has been reviewed
elsewhere under the Engineering Department's review of this application.
The applicable requirements of the zoning district are met except as modified by this
chapter. The applicable requirements have been addressed elsewhere within this report.
The supplementary requirements set forth in Section 18.114 (Signs) and Section
18.120.180 Site Development Review are met. The criteria contained within Sections
18.114 (Signage) and 18.120 (Site Development Review) are deemed to be inapplicable
because this development is not a commercial or multiple-family residential project.
The use will comply with the applicable policies of the Comprehensive Plan. The
City's Comprehensive Plan is acknowledged. The applicable implementing Development
Code standards are reviewed within this report.
Section 18.130.150 (C)(31) provides development standards for the development of an
attached dwelling unit. Sections (a-c) require that a minimum of 7,500 square feet be
provided for an attached single-family dwelling unit, a front yard setback of 20 feet is
required, on corner lots and through lots the minimum setback shall be 20 feet, the
side yard setback is 10 feet and the rear yard setback is 20 feet. Because the applicant
has requested a Variance to the minimum lot size standard, the applicant has not proposed
to comply with the 7,500 square foot minimum lot size. The applicable density standards
have been reviewed elsewhere within this report. The applicant proposes to comply with the
20-foot front yard setback and the exterior 10-foot side yard setbacks. The interior side yard
setback would not apply because the applicant has proposed attached units. This property
is not a comer or"through lot" so the related 20-foot setback standard is not applicable.
The proposed attached dwelling units comply with the setback standards as proposed
except for the rear yard setback to the south towards the proposed wetland's tract which is
proposed to be provided with a 7a/�-foot setback instead of the required 20-foot rear yard
setback.
Variance: Section 18.134.050 allows the Director to approve, or approve with
conditions, a request for a variance. The applicant has requested variances to the
7,500 square foot minimum lot size and the 20-foot rear yard setback standards of the
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05&06-W ILDFLOW ER PROPERTIES TOW NHOMES PAGE 5 OF 12
R-4.5 Zoning District. In order to approve a Variance an application must be found to
comply with the following findings:
The proposed variance will not be materially detrimental to the purposes of this title,
be in conflict with the policies of the Comprehensive Plan, to any other applicable
policies and standards, and to any other properties in the same zoning district or
vicinity. The Comprehensive Plan is implemented by the adopted Community
Development Code. The applicable Development Code standards have been reviewed
within this report. The overall size of the property is 27,442 square feet. The proposed
wetland's tract and related buffer area would be approximately 16,287 feet leaving a small,
shallow buildable area along SW McDonald Street. Although the building sites as proposed
would not comply with the minimum lot size standard, the overall project density would not
exceed that allowed for the R-4.5 Zoning District as is reviewed elsewhere within this report.
The applicant also requested a Variance to the rear yard setback standard to reduce this
setback to 71/2 feet. The applicant stated that the applicable setback standard requires a
15-foot minimum setback. The Conditional Use Permit standards supersede the R-4.5
Zoning District standards and requires a 20-foot setback. After creating a separate wetlands
and buffer tract and complying with the full 20-foot front yard and 20-foot rear yard setbacks,
the site is left with a buildable lot depth of approximately 12'h feet which is not a sufficient
area to develop a dwelling unit.
There are special circumstances that exist which are peculiar to the lot size, shape,
topography or other circumstances over which the applicant has no control, and
which are not applicable to other properties in the same zoning district; The property
is heavily impacted by current wetland's protection requirements. Strict compliance with the
applicable standards would mean that the applicant could likely develop the property but
wetlands' areas would not be provided with the added protection of being placed within a
separate tract as is required by Unified Sewerage Agency standards during the development
review of a Minor Land Partition. This standard is applicable to other properties within the
zoning district but would not always impact other properties to the degree in which this site is
impacted.
The use proposed will be the same as permitted under this title and City standards
will be maintained to the greatest extent that is reasonably possible while permitting
some economic use of the land. The lot size variance would allow relief from compliance
with the minimum lot size due to site constraints discussed previously while not allowing
more density than is permitted within the R-4.5 Zoning District.
A variance to the setback requirements would provide the applicant with limited relief from
the rear yard setback standard in order to provide a larger, adequate sized building envelope
area of approximately 25 feet in depth.
Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms or parks will not be adversely affected any more than would
occur if the development were located as specified by this title. Due to the limited
nature of the request, neither variance affects the aforementioned, larger area natural or
physical systems.
7/13l98 HEARINGS OFFICER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05 8 O6-WILDFLOWER PROPERTIES TOWNHOMES PAGE 6 OF 12
The hardship is not seli �mposed and the variance requestea is the minimum variance
which would alleviate the hardship. The hardship is due to the location of existing
wetlands on the property, the size of remaining property and the Unified Sewerage Agency
requirement that the wetlands and an adjoining 25-foot buffer setback be placed within a
separate designated tract area. For these reasons, the proposed variances are the
minimum necessary to alleviate the hardship.
Minor Land Partition - Approval Standards: Section 18.162.040 contains the following
general approval criteria for a Minor Land Partition:
The proposal conforms with the City's Comprehensive Plan; The proposed lot size and
type of development conforrn with the type of density range allowed by the Comprehensive
Plan. The applicable development standards that implement the Comprehensive Plan
designation for this property are reviewed elsewhere within this report.
The proposed partition complies with all statutory and ordinance requirements and
regulations; Each of the proposed parcels would not exceed the 7,500 square foot
minimum required for attached single-family detached residences. The applicant has
requested a variance to this standard which is addressed elsewhere. The proposed parcels
would exceed the 50-foot average width requirement for single-family residences as required
by Section 18.50.
The development, as proposed, does not exceed the maximum residential density allowed
under Section 18.92 for a site with a gross size of 27,442 square feet. No additional public
right-of-way dedication is necessary on the SW McDonald Street frontage as discussed
within the Engineering Department review of this project. The total wetland's area within the
site is approximately 11,282 square feet. The site, therefore, has a net area of
approximately 16,161 square feet. By dividing the net area by the 7,500 square foot
minimum lot size, this site yields the opportunity to develop up to 2 dwelling units. The
applicant has proposed to develop 2 dwelling units, in compliance with this standard.
Because the site has more than 100 feet of frontage on SW McDonald Street, Section
18.100 requires the planting of street trees. The applicant provided a street tree planting
plan indicating 4 street trees were to be planted. The applicant shall indicate the species
type and post a cash deposit to ensure planting prior to recording the partition plat. The
street trees shall be planted prior to final Certificate of Occupancy on each new residence.
As proposed, neither parcel would comply with the Basic Solar Access requirements
because the north to south lot dimension of these parcels would not exceed 90 feet in
length. Due to topography, environmental constraints and impacts to project density, it is
recommended that these properties be exempted from compliance with the Solar Balance
Point standard as allowed under Section 18.88.040(E).
The applicant would maintain a minimum of a 50-foot setback from the centerline of SW
McDonald Street in compliance with the 30-foot setback required within Section 18.96. The
applicant has not proposed to construct new property improvements within the proposed
clear vision areas next to driveways in compliance with Section 18.102. Prior to the
issuance of Building Permits, the applicant will be required to demonstrate that each site will
have a minimum of 2 off-street parking spaces in compliance with Section 18.106. The
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-0?JMLP 98-07NAR 98-05&O6-WILDFLOWER PROPERTIES TOWNHOMES PAGE 7 OF 12
applicant inadvertently neglected to indicate the location of trees on site. It does not appear
that trees will need to be removed as part of this development. However, the applicant shall
provide a plan indicating the locations and sizes of trees on site and a mitigation plan for any
trees over 12 inches in diameter that will need to be removed including a
protection/treatment plan during site construction for healthy trees to be preserved in
accordance with Section 18.150. Upon completion of the appeal period, the development
will have complied with the statutory requirements of the City of Tigard for initial
development review approval.
Adequate public facilities are available to serve the proposal; Adequate public facilities
are available or have been required to be provided to serve this site, as set forth in Sections
18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain). These
requirements are reviewed by the Engineering Department elsewhere within this report.
All proposed lots conform to the size and dimensional requirements of this title; and
The applicant has requested a variance to the minimum lot size which is reviewed elsewhere
within this report. The new parcels do not exceed a 29/�-to-1, width to depth ratio. The 50-
foot average width requirement is also met by these parcels. For these reasons, the
proposed parcel configurations conform with size and dimensional requirements of the R-4.5
Zoning District.
All proposed improvements meet City and applicable agency standards (Ord. 89-06;
Ord. 83-52). As proposed, the improvements will comply with City and applicable agency
standards within this report and as reviewed through the Building Permit Plan Check
process.
Section 18.162.050 contains the following special provisions for lots created through
the Partition Process:
Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district; No specific Lot Width standards applies to
attached dwelling units within the R-4.5 zoning district. Based on the dimensions of the
remaining area, each site would have substantial frontage on SW McDonald Street.
Lot Area: The lot area shall be as required by the applicable zoning district. In the
case of a flag Iot, the accessway may not be included in the lot area calculation; The
applicant has proposed a variance to the 7,500 square foot minimum lot size for properties
zoned R-4.5 which is discussed elsewhere within this report.
Lot Frontage: Each lot created through the partition process shall front a public right-
of-way by at least 15 feet or have a legally recorded minimum 15-foot-wide access
easement; The newly created parcels would have a minimum of 89 feet of direct frontage
on a public street, in compliance with the lot front standard.
Setbacks: Setbacks shall be as required by the applicable zoning district; The
applicant has also proposed a variance to the 20-foot rear yard setback standard of attached
dwelling units within the R-4.5 Zoning District. This variance is discussed elsewhere within
this report. Other applicable standards for setbacks and clear vision requirements will be
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02JMLP 98-07NAR 98-05 8 06-WILDFLOWER PROPERTIES TOWNHOMES PAGE 8 OF 12
reviewed for new structures prior to the issuance of Building P��rnits, in satisfaction with the
setback Criteria.
Front Yard Determination for Flaq Lot: When the partitioned lot is a flag lot, the
developer may determine the location of the front yard, provided that no side yard is
less than 10 feet. Structures shall generally be located so as to maximize separation
from existing structures; This Criterion has been addressed. Lots 2 and 3, as proposed,
do not meet the definition of a flag lot because each parcel will have direct frontage to SW
McDonald Street. Because SW McDonald Street is designated as a Major Collector Street,
direct individual access is discouraged from each new proposed development site.
Screeninq on Flaq Lots: A screen shall be provided along the property line of a lot of
record where the paved drive in an accessway is located within ten feet of an abutting
lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be
required to maintain privacy for abutting lots and to provide usable outdoor recreation
areas for proposed development; Because neither parcels meet the definition of a flag
lot, a driveway screening plan is not applicable to this request as required in this Criteria.
Fire Protection: The fire district may require the installation of a fire hydrant where
the length of an accessway would have a detrimental effect on fire fighting
capabilities; Through the Building Permit Review, fire hydrants shall be consistent with
Uniform Fire Code standards, thereby, satisfying this Criteria.
Reciprocal Easements: Where a common drive is to be provided to serve more than
one lot, a reciprocal easement that will ensure access and maintenance rights shall
be recorded with the approved partition map; This Criteria that requires a reciprocal
access and maintenance agreement is applicable to this request because each parcel would
have direct frontage to SW McDonald Street. A Condition of Approval has been
recommended that would require the creation of a joint access easement.
Accesswav: Any accessway shall comply with the standards set forth in Chapter
18.108, Access, Egress, and Circulation; and This Criteria will be satisfied through the
future construction of a minimum of a 10-foot-wide paved driveway to serve each new
building site. Compliance with this standard is determined through the Building Permit
Review Process.
Floodplain: Where landfill and/or development is allowed within or adjacent to the
one-hundred-year floodplain, the City shall require the dedication of sufficient open
land area for greenway adjoining and within the floodplain. This area shall include
portions at a suitable elevation for the construction of a pedestrian and or bicycle
pathway with the floodplain in accordance with the adopted pedestrian and or bicycle
pathway plan. This Criteria has been met because the property is not located within the
100-year flood plain or in areas with slopes exceeding 25%. Because the site does not
adjoin the 100-year flood plain, dedication of areas for pathway purposes is not applicable.
Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future
street plan shall be filed which shows the pattern of existing and proposed future
streets from the boundaries of the proposed land division. This section also states
that where it is necessary to give access or permit a satisfactory future division of
7/13P98 HEARINGS OFFlCER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05 6 O6-WILDFLOWER PROPERTIES TOWNHOMES PAGE 9 OF 12
adjoining land, streets shall be extended to the boundary lines of the tract to be
developed and a barricade shall be constructed at the end of the street. Street stubs
to adjoining properties are not considered to be cul-de-sac since they are intended to
continue as through streets at such time as the adjoining property is developed. Due
to the location of property and potential development in this area requirement of a Local
Street that would extend to the south in this area was considered. An alignment along the
easterly property line of the subject parcel was considered as the most likely potential
alignment. Based on development constraints primarily related to environmental constraints
and the location of existing single-family residences to the south of this site a future
extension is precluded.
Street Aliqnment and Connections: Section 18.164.030(G) requires all local streets
that abut a development site shall be extended within the site to provide through
circulation when not precluded b� environmental or topographical constraints,
existing development patterns or strict adherence to other standards in this code. A
street connection or extension is precluded when it is not possible to redesign, or
reconfigure the street pattern to provide required extensions. In the case of
environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant must show
why the constraint precludes some reasonable street connection. The proposed
extension of a Local Street from SW McDonald Street to the south is precluded due to the
locating of existing homes to the south. Properties to the south, southwest and southeast
are developed with detached single-family residences.
PUBLIC FACILITY CONCERNS:
Section's 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm
Drains) shall be satisfied. Development ode provisions related to torm Water
Quantity, Storm Water Quality, Existing Utility Line Undergrounding, Water Service,
Grading, Erosion Control and Site Permits are also addressed below:
STREETS:
This site lies adjacent to the south side of SW McDonald Street, which is classified as a
major collector street on the City's Transportation Plan Map. This roadway is required to
have a right-of-way of between 60 and 80 feet. At present, the ROW width is
approximately 30 feet from centerline. The street has also been improved adjacent to this
site, except for sidewalk. There is adequate ROW there now for the sidewalk to eventually
be placed, so it appears additional dedications are not necessary.
The applicant should be required to construct a concrete sidewalk across the frontage of
this site as a part of the improvements needed to support the residential structures. There
is existing sidewalk immediately west of this site that will allow for a logical connection.
The sidewalk can be constructed by the applicant at the same time the proposed driveway
is constructed.
The applicant is proposing to construct one driveway to serve the two units, which is
acceptable to Staff. No more than one driveway should be allowed on this site to reduce
the total number of driveways on the major collector. Staff was concerned about the
difficulty vehicles may have if attempting to back out of the driveway into McDonald Street.
To alleviate this concem, the applicant has proposed to construct tum-around areas for
each side of the driveway so vehicles exiting the two units can safely turn around and pull
out onto the street. The applicant's proposed plan appears to be adequate.
WATER:
This site can be served from the City's public water line located in SW McDonald Street.
The applicant will need to apply for water services from the City when building permits are
requested.
7/13/9�8 HEARINGS OFFICER STAFF RPT. CUP98-0?JMLP 98-07NAR 98-05 8 06-WILDFLOWER PROPERTIES TOWNHOMES PAGE 10 OF 12
SANITARY SEWER:
� There is an existing 8-inch public sanitary sewer line which abuts the south and east
boundary of this site. There is an existing sewer service line provided to this site from the
portion of the public line adjacent to the east boundary line. The applicant is proposing to
extend one additional service line from the same public line to serve the westem parcel. A
private sanitary sewer easement will be necessary across the eastem parcel; this
easement shall be shown on the face of the final plat.
STORM DRAINAGE:
There is a tributary to Fanno Creek that flows across the southem portion of this site. The
storm water from the two units can easily be discharged into that drainage area.
STORM WATER QUALITY:
The City has agreed to enforce Surface Water Management (SWM) regulations
established by the Unified Sewerage Agency (USA) Design and Construction Standards
(adopted by Resolution and Order No. 96-44) which require the construction of on-site
water quality facilities. However, the USA standards include a provision that would
exclude small projects such as residential land partitions. It would be impractical to
require an on-site water quality facility to accommodate treatment of the storm water from
the two parcels. Rather, the USA standards provide that applicants should pay a fee in-
lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee
in-lieu on this application.
GRADING AND EROSION CONTROL:
USA Design and Construction Standards also regulates erosion control to reduce the
amount of sediment and other pollutants reaching the public storm and surface water
system resulting from development, construction, grading, excavating, clearing, and any
other activity which accelerates erosion. Per USA regulations, the applicant is required to
submit an erosion control plan for City review and approval prior to issuance of City
permits.
EXISTING OVERHEAD UTILITY LINES:
There are existing overhead utility lines along SW McDonald Street adjacent to this site.
Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a
development to be placed underground or, at the election of the developer, a fee in-lieu of
undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal
foot of street frontage that contains the overhead lines. The frontage along this site is 200
lineal feet; therefore the fee would be $5,500.
SECTION V. OTHER STAFF COMMENTS
The Building Division reviewed this application and had the following comments: The
proposed storm drainage and sanitary sewer piping requires a plumbing permit.
The Water Department reviewed this application and had the following comments: All
portions of each building must be within 500 feet of a fire hydrant.
No other staff comments or objections have been received.
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-0?JMLP 98-07NAR 98-05 8 O6-W ILDFLOW ER PROPERTIES TOW NHOMES PAGE 11 OF 12
SECTION VI. AG���CY COMMENTS .
The Unified Sewerage Agency (USA) reviewed this proposal and provided the
following comments:
Sanitary Sewer:
Each lot within the development shall be provided with a means of disposal for sanitary
sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewage
Agency's Construction Design Standards, July 1996 edition). Engineer should verify that
public sanitary sewer is available to up-hill adjacent properties or extend service as
required by R&O 96-44.
Storm Sewer:
Each lot within the development should have access to public storm sewer. Engineer
should verify that public storm sewer is available to up-hill adjacent properties, or extend
storm service as required by R&O 96-44. Hydraulic and hydrologic analysis of storm
conveyance system is necessary. If downstream conveyance does not have capacity to
convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for
mitigating the flow.
Water Qualitv:
Water quality needs to be addressed for this partition.
Sensitive Area:
A "Sensitive Area" exists. The developer must preserve a 25-foot corridor as described in
R&O 96-44 separating the sensitive area from the impact of development. The
creek/wetland sensitive area shall be identified on the plans.
No other agency comments or objections have been received.
Julv 6, 1998
PREPARED BY: Mark Roberts DATE
Associate Planner, AICP
•�• July 6, 1998
APPROVED BY: Richard wersdorff DATE
Planning Manager
I:\CUFiPLMMARK R\CUP98-02.DEC
7/13/98 HEAHINGS OFFICER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05&O6-W ILDROW ER PROPERTIES TOW NHOMES PAGE 12 OF 12
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Community Development Pbt date:Jun 3,1998;c:lmagic�magic0l.apr
CITY OF TIOARD
Communit�Developma�t
Shaping A.Better Community
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARIN6S OFFICER, AT A MEETING ON MONDAY.
lULY13,1998AT7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARI�,
TIGARD, OREGON 97223 TO CONSIDER THE FQLLOWING APPLICATION:
FILE NO: CONDITIONAL USE PERMIT[CUPI 98-0002
MINOR LAND PARTITION[MLPI 98-U007
YARIANCE[Sl[YARI 98-0005 a 6
FILE TITLE: WILDFLOWER PROPERTIES TOWNNOMES
APPLICANT(S): Wildflower Properties, Inc. OWNER(S): City of Tigard
15491 SW Peachtree Drive 13125 SW Hall Boulevard
Tigard, OR 97224 Tigard, OR 97223
REQUEST: The applicant has requested approval of the following development applications to allow
the development of two (2) townhomes on two (2) lots:
1. Conditional Use Permit to develop attached residences;
2. Minor Land Partition to split the existing 27,495 square foot property into two (2)
parcels of 5,603 and 5,605 square feet and an additional tract for existing
wetland areas; and
3. Variances have been requested to the 7,500 square foot lot minimum standard
and to reduce the 15-foot rear yard setback to seven (7)'/�feet.
LOCATION: 9510 SW McDonald Street; WCTM 2S111 BA, Tax Lot 00103.
ZONE: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5 zoning district is
to establish standard urban low density residential home sites.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.96, 18.100, 18.102, 18.106, 18.108,
18.120, 18.130, 18.150, 18.162 and 18.164.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEOURE ADOPTED BY THE TIGARD CITY
COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIREO 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. 320 (VOICE) OR (503) 684-2772 (TDD -
TELECOMMUNICATIONS DEVICES FOR THE DEA� NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE
ARRANGEMENTS.
CUP 98-OOpyMLp 9&ppp7NAR 98-0005 3 8 WILDFLOWER PROPERTIES TOWNNOMES NOTICE OF 7113/98 HEAFINGS OFFICER PUBLIC HEARING �
ANYONE WISHING TO PRESENT ' 'TEN TESTIMONY ON THIS PROPC ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEA. .G. ORAL TESTIMONY MAY BE PRES�.�TED 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 WRITZ'EN 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 APPLICATI�N.
IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JUNE 22. 1998, ANY PARTY IS
ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE
HEARfNG, ANY PARTICIPANT IN THE HEARiNG MAY RE�UEST THAT THE RECORD REMAIN OPEN FOR AT LEAST
SEVEN (7) DAYS AFTER THE HEARING. A REC�UEST 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 ANO 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 REC�UEST 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 RECIUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FR�M THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED 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 (25c) 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 (25c) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS. ASSOCIATE
PLANNER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
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CUP 9&0002/MLP 98-0007NAR 98-00p5 3 B W ILDFLOWER PROPERTIES TOWNHOMES NOTICE OF 7/13V9B HEARINGS OFFlCER PUBUC HEARING
CITY OF TIGARD
Community Development
,Shapin8 A Better Community
CITYOFTIGARD
HEARIHGS OFFICER
IULY 13,1998-7:00 P.M.
AGEHDA
1. CALL TO ORDER
2. PUBLIC HEARING
2.� WILDFLOWER PROPERTIES TOWNHOMES
Conditional Use Permit (CUP) 98-0002
Minor Land Partition (MLP) 98-0007
Variance (VAR) 98-0005 & 98-0006
LOCATION: 9510 SW McDonald Street; WCTM 2S111 BA, Tax Lot 00103.
PROPOSAL: The applicant has requested the following development applications to
allow the development of two (2) townhomes on two (2) lots:
1. Conditional Use Permit to develop attached residences;
2. Minor Land Partition to split the existing 27,495 square foot
property into two (2) parcels of 5,603 and 5,605 square feet
and an additional tract for existing wetland areas; and
3. Variances have been requested to the 7,500 square foot lot
minimum standard and to the 15-foot rear yard setbacks.
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 4.5 Dwelling
Units Per Acre. ZONING DESIGNATION: R-4.5; Residential, 4.5 Units Per Acre;
R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Sections
18.32, 18.50, 18.85, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150,
18.162 and 18.164.
3. OTHER BUSINESS
4. ADJOURNMENT
�
CITY OF TIGARD HEARING'S OFFICER PAGE 2 OF 2
7/13/98 PUBLIC HEARING AGENDA
CITY OF TIGARD
HEARING'S OFFICER
JULY 13, 1998 - 7:00 P.M.
TOWN HALL
TIGARD CITY HALL,
13125 SW HALL BOULEVARD
TIGARD, OR 97223
(-_---_��� �nyane wishing ta speAk an An AgendA item
shauld s�gn an the ApprapriAte s�gn-in sheet(s�.
PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired
hearing and should be scheduled for Hearings Officer meetings by
noon on the Monday prior to the meeting. Please call (503) 639-4171 ,
Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications
Devices for the Deaf). Upon request, the City will also endeavor to
arrange for the following services: �
➢ 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. Please notify the City of
Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the
meeting date at the same phone numbers as listed above if you are
requesting such services.
(OVER FOR HEARING AGENDA ITEM(S)
CITY OF TIGARD HEARING'S OFFICER PAGE 1 OF 2
7/13/98 PUBLIC HEARING AGENDA
�
Agenda Item: 2.1
Hearing Date: Julv 13, 1998 7:00 PM
-. �.aY' ���
STAFF REPORT TO THE ��� _
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NEARING'S OFFICER �
FOR THE CITY OF TIGARD, OREGON ComnurutyDeve(oprnent
,Shu i �BetterConununit�
120 DAYS = 9/17/98
SECTION I. APPLICATION SUMMARY
FILE NAME: WILDFLOWER PROPERTIES TOWNHOMES
CASES: Conditional Use Permit CUP 98-0002
Minor Land Partition MLP 98-0007
Variances VAR 98-0005
VAR 98-0006
PROPOSAL: The applicant has requested Conditional Use Permit approval to
develop two (2) attached dwelling units. The applicant has requested a
related Minor Land Partition to divide one (1) parcel of approximately
27,442 square feet into two (2) parcels of 5,603 and 5,605 square feet
and an additional wetlands Tract A of 16,287 square feet respectively.
The applicant has also requested approval of Variances to the 7,500
square foot minimum lot size and the 20-foot rear yard setback
standards.
APPLICANT: Wildflower Properties OWNER: City of Tigard
15491 SW Peachtree Drive 13125 SW Hall Boulevard
Tigard, OR 97224 Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential; 1-5 Dwelling Units PerAcre.
ZONING
DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. The R-4.5 Zoning District
permits the establishment of sites for single-family, attached and
detached units for Low Density Residential development.
LOCATION: 9510 SW McDonald Street; WCTM 2S111 BA, Tax Lot 00103.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.88, 18.96,
18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.134, 18.150,
18.162 and 18.164.
SECTION II. STAFF RECOMMENDATION
The Planning Division recommends that the Hearing's Officer APPROVE the above request
subject to Conditions of Approval.� The findings and conclusions on which the
recommendation is based are noted in Section N of this report.
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02/�ALP 98-07NAR 98-05&06-WILDFLOWER PROPERTIES TOWNHOMES PAGE 1 OF 12
V
CONDITIONS OF APPROVAL
PRIOR TO RECORDING THE FINAL PLAT, THE FOLLOWING
CONDlTIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff
contact shall be Brian Rager in the Engineering Department at 503-639-4171.
1. Prior to approval of the final plat, a Street Opening Permit will be required for this
project to cover the sidewalk and driveway on SW McDonald Street and the sanitary
sewer tap. The applicant will need to submit five (5) copies of a proposed public
improvement plan for review and approval. NOTE: these plans are in addition to any
drawings required by the Building Division and should only include information
relevant to the public improvements.
2. As a part of the public improvement plan submittal, the Engineering Department shall
be provided with the name, address and telephone number of the individual or
corporate entity who will be responsible for executing the compliance agreement (if
one is required) and providing the financial assurance for the public improvements.
3. The applicant shall construct the following frontage improvements as a part of this
project:
A. Five-foot concrete sidewalk; and
B. Driveway apron.
4. The final plat shall contain a joint ingress/egress easement to cover the shared
driveway for the 2 parcels. A note shall also be shown on the plat explaining the
maintenance responsibilities for that easement area. `
5. The applicant shall either place the existing ovefiead utility lines along SW McDonald
Street underground as a part of this project, or they shall pay the fee in-lieu of
undergrounding. The fee shall be calculated by the frontage of the site that is parallel
to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the
amount will be $5,500. and it shall be paid prior to approval of the final plat.
6. Final Plat Application Submission Requirements:
A. Submit for City review 3 paper copies of the partition plat prepared by a land
surveyor licensed to practice in Oregon and necessary data or narrative;
B. The partition plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington
County and by the City of Tigard; and
C. Once the City and County have reviewed the plat, submit 2 mylar copies of the
partition plat for City Engineer's signature.
7. The applicant shall indicate the street tree species to be provided that complies with
street tree spacing standards and post a cash deposit to ensure their planting.
STAFF CONTACT : Martc Roberts, Planning Division.
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02IMLP 98-07NAR 98-OS&06-WILDFLOWER PROPERTIES TOWNHOMES PAGE 2 OF 12
8. It does not appear that trees will need to be removed as part of this development.
However, the applicant shall provide a plan indicating the locations and sizes of trees
on site and a mitigation plan for any trees over 12 inches in diameter that will need to
be removed including a protection/treatment plan during site construction for healthy
trees to be preserved in accordance with Section 18.150. STAFF CONTACT: Mark
Roberts, Planning Division.
PRIOR TO ISSUANCE OF BUILDING PERMITS, THE F4LLOWING
CONDITIONS SHALL BE SATISFIED:
9. Prior to issuance of building permits, the applicant shall provide the Engineering
Department with a recorded mylar copy of the subdivision/partition plat.
10. Prior to issuance of the building permits for either parcel, the applicant shall pay the
standard water qualiry fee per lot (fee amount will be the latest approved by USA).
PRIOR TO ISSUANCE OF OCCUP/�NCY PERMITS, THE FOLLOWING
CONDITION SHALL BE SATISFIED:
11. The applicant shall plant street trees prior to final Certificate of Occupancy on each
new residence.
THIS APPROVAL SHALL BE VALID FOR 1$ MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. ' BACKGROUND INFORMATION
Site Historv:
The subject property is presently undeveloped. The site has approximately a 15% slope
in a southerly direction from SW McDonald Street. Much of the site frontage on SW
McDonald Street appears to be overgrown with berry bushes. Down the slope away from
SW McDonald Street, the site contains trees and a wetlands/drainage area. On the north
side of SW McDonald Street, the site is adjoined be detached single-family residences.
To the south and west, the property is adjoined by detached single-family residences.
The portion of the property immediately to the east along SW McDonald Street was
previously used as the Unified Sewerage Agency Pump Station. The southem portion of
the parcel to the east is developed with a detached single-family residence.
Site Information and Proposal Description:
The applicant has requested Conditional Use Permit approval to develop 2 attached
dwelling units and approval of a related Minor Land Partition to divide 1 parcel of
approximately 27,442 square feet into 2 parcels of 5,603 and 5,605 square feet and an
additional wetlands `Tract A" of 16,287 square feet respectively. The applicant has also
requested approval of Variances to the 7,500 square foot minimum lot size and the 20-foot
rear yard setback standards.
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SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Impact StudV: Section 18.32.050 states the applicant shall either specifically concur
with a requirement for public right-of-way dedication, or provide evidence that
supports that the real property dedication requirement is not roughly proportional to
the projected impacts of the development. Alternatively, an applicant may
specifically concur with the requirement for dedication of right-of-way to the public
and waive the impact study analysis by dedicating the right-of-way and completion
of a waiver statement. With the narrative accompanying this application, the applicant
stated that no impact study was necessary because no right-of-way dedication would be
required.
Any required street improvements to certain collector or higher volume streets and the
Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at
the time of development. Based on a transportation impact study prepared by David
Larson for the A-Boy Expansion/Dolan II (Resolution 95-61), TIF's are expected to
recapture 32% of the traffic impact of new development on the Collector and Arterial
Street system. Presently, the TIF for each trip that is generated is $189. The total TIF for
a single-family dwelling unit is $1,890.
Upon completion of this development, the future builders of the residences will be required
to pay TIF's of approximately $3,780 ($1,890 x 2 dwelling units), assuming single-family
residences and not duplexes are developed. Based on the estimate that total TIF fees
cover 32% of the impact on major street improvements citywide, a fee that would cover
100% of the project traffic impact on major streets is $11,340 ($5,670 x 2 dwelling units).
� By subtracting the traffic impact fee ($3,780) and the sidewalk cost (200.2 feet of frontage
x $25 per lineal foot ($5,005) from the estimated total project impact, the total unmitigated
impact of this development is estimated to be $2,550. For this reason, the recommended
Conditions of Approval for sidewalk improvements on the property frontage on SW
McDonald Street have less monetary value than the impact of the development and,
therefore, meet the rough proportionality test.
Conditional Use Permit: Section 18.130.040 contains approval criteria for a
Conditionally Permitted Use. The applicant has proposed to develop 2 attached dwelling
units. Attached single-family residences require approval of a Conditional Use Permit within
the R-4.5 Zoning District subject to the following standards:
The site size and dimensions provide:
❖ Adequate area for the needs of the proposed use; and
❖ Adequate area for aesthetic design treatment to mitigate possible adverse
effects from the use on surrounding properties and uses.
The site complies with the dimensional criteria for development of attached single-family
dwellings except for development standards that are the subject of the proposed variances
and are reviewed in detail in this report. The building footprint as proposed would be similar
7/13/98 HEAHINGS OFFlCEN STAFF RPT. CUP98-021MLP 98-07NAR 98-05 8 06-W ILDFLOW ER PROPERTIES TOW NHOMES PAGE 4 OF 12
in size and design as adjoining single-family detached residential dwellings. Although no
building elevations were provided, various architectural plans can be compatible with the
adjoining neighborhood because no predominant architectural theme has been utilized
throughout this area.
The characteristics of the site are suitable for the proposed use considering size,
shape, location, topography, and natural features. The applicant does not appear to
have proposed more grading than necessary given the existing topography. The plan as
proposed protects wetlands' areas within an open space tract area. The proposed project
density is consistent with underlying zoning standards as is reviewed elsewhere within this
report.
All required public facilities have adequate capacity to serve the proposal. Public
facilities are available or can be made available to serve this site, as has been reviewed
elsewhere under the Engineering Department's review of this application.
The applicable requirements of the zoning district are met except as modified by this
chapter. The applicable requirements have been addressed elsewhere within this report.
The supplementary requirements set forth in Section 18.114 (Signs) and Section
18.120.180 Site Development Review are met. The criteria contained within Sections
18.114 (Signage) and 18.120 (Site Development Review) are deemed to be inapplicable
because this development is not a commercial or multiple-family residential project.
The use will comply with the applicable policies of the Comprehensive Plan. The
City's Comprehensive Plan is acknowledged. The applicable implementing Development
Code standards are reviewed within this report.
Section 18.130.150 (C)(31) provides development standards for the development of an
attached dwelling unit. Sections (a-c) require that a minimum of 7,500 square feet be
provided for an attached single-family dwelling unit, a front yard setback of 20 feet is
required, on corner lots and through lots the minimum setback shall be 20 feet, the
side yard setback is 10 feet and the rear yard setback is 20 feet. Because the applicant
has requested a Variance to the minimum lot size standard, the applicant has not proposed
to comply with the 7,500 square foot minimum lot size. The applicable density standards
have been reviewed elsewhere within this report. The applicant proposes to comply with the
20-foot front yard setback and the exterior 10-foot side yard setbacks. The interior side yard
setback would not apply because the applicant has proposed attached units. This property
is not a comer or"through lot" so the related 20-foot setback standard is not applicable.
The proposed attached dwelling units comply with the setback standards as proposed
except for the rear yard setback to the south towards the proposed wetland's tract which is
proposed to be provided with a 79/�-foot setback instead of the required 20-foot rear yard
setback.
Variance: Section 18.134.050 allows the Director to approve, or approve with
conditions, a request for a variance. The applicant has requested variances to the
7,500 square foot minimum lot size and the 20-foot rear yard setback standards of the
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-0?JMLP 98-07NAR 98-05 8 O6-WILDFLOWER Pf10PERTIES TOWNHOMES PAGE 5 OF 12
R-4.5 Zoning District. In order to approve a Variance an application must be found to
comply with the following findings:
The proposed variance will not be materially detrimental to the purposes of this title,
be in conflict with the policies of the Comprehensive Plan, to any other applicable
policies and standards, and to any other properties in the same zoning district or
vicinity. The Comprehensive Plan is implemented by the adopted Community
Development Code. The applicable Development Code standards have been reviewed
within this report. The overall size of the property is 27,442 square feet. The proposed
wetland's tract and related buffer area would be approximately 16,287 feet leaving a small,
shallow buildable area along SW McDonald Street. Although the building sites as proposed
would not comply with the minimum lot size standard, the overall project density would not
exceed that allowed for the R-4.5 Zoning District as is reviewed elsewhere within this report.
The applicant also requested a Variance to the rear yard setback standard to reduce this
setback to 7�/2 feet. The applicant stated that the applicable setback standard requires a
15-foot minimum setback. The Conditional Use Permit standards supersede the R-4.5
Zoning District standards and requires a 20-foot setback. After creating a separate wetlands
and buffer tract and complying with the full 20-foot front yard and 20-foot rear yard setbacks,
the site is left with a buildable lot depth of approximately 121h feet which is not a sufficient
area to develop a dwelling unit.
There are special circumstances that exist which are peculiar to the lot size, shape,
topography or other circumstances over which the applicant has no control, and
which are not applicable to other properties in the same zoning district; The property
is heavily impacted by current wetland's protection requirements. Strict compliance with the
applicable standards would mean that the applicant could likely develop the properry but
wetlands' areas would not be provided with the added protection of being placed within a
separate tract as is required by Unified Sewerage Agency standards during the development
review of a Minor Land Partition. This standard is applicable to other properties within the
zoning district but would not always impact other properties to the degree in which this site is
impacted.
The use proposed will be the same as permitted under this title and City standards
will be maintained to the greatest extent that is reasonably possible while permitting
some economic use of the land. The lot size variance would allow relief from compliance
with the minimum lot size due to site constraints discussed previously while not allowing
more density than is permitted within the R-4.5 Zoning District.
A variance to the setback requirements would provide the applicant with limited relief from
the rear yard setback standard in order to provide a larger, adequate sized building envelope
area of approximately 25 feet in depth.
Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms or parks will not be adversely affected any more than would
occur if the development were located as specified by this title. Due to the limited
nature of the request, neither variance affects the aforementioned, larger area natural or
physical systems.
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The hardship is not self imposed and the variance requested is the minimum variance
which would alleviate the hardship. The hardship is due to the location of existing
wetlands on the property, the size of remaining property and the Unified Sewerage Agency
requirement that the wetlands and an adjoining 25-foot buffer setback be placed within a
separate designated tract area. For these reasons, the proposed variances are the
minimum necessary to alleviate the hardship.
Minor Land Partition - Auproval Standards: Section 18.162.040 contains the following
general approval criteria for a Minor Land Partition:
The proposal conforms with the City's Comprehensive Plan; The proposed lot size and
type of development conform with the type of density range allowed by the Comprehensive
Plan. The applicable development standards that implement the Comprehensive Plan
designation for this property are reviewed elsewhere within this report.
The proposed partition complies with all statutory and ordinance requirements and
regulations; Each of the proposed parcels would not exceed the 7,500 square foot
minimum required for attached single-family detached residences. The applicant has
requested a variance to this standard which is addressed elsewhere. The proposed parcels
would exceed the 50-foot average width requirement for single-family residences as required
by Section 18.50.
The development, as proposed, does not exceed the maximum residential density allowed
under Section 18.92 for a site with a gross size of 27,442 square feet. No additional public
right-of-way dedication is necessary on the SW McDonald Street frontage as discussed
within the Engineering Department review of this project. The total wetland's area within the
site is approximately 11,282 square feet. The site, therefore, has a net area of
approximately 16,161 square feet. By dividing the net area by the 7,500 square foot
minimum lot size, this site yields the opportunity to develop up to 2 dwelling units. The
applicant has proposed to develop 2 dwelling units, in compliance with this standard.
Because the site has more than 100 feet of frontage on SW McDonald Street, Section
18.100 requires the planting of street trees. The applicant provided a street tree planting
plan indicating 4 street trees were to be planted. The applicant shall indicate the species
type and post a cash deposit to ensure planting prior to recording the partition plat. The
street trees shall be planted prior to final Certificate of Occupancy on each new residence.
As proposed, neither parcel would comply with the Basic Solar Access requirements
because the north to south lot dimension of these parcels would not exceed 90 feet in
length. Due to topography, environmental constraints and impacts to project density, it is
recommended that these properties be exempted from compliance with the Solar Balance
Point standard as allowed under Section 18.88.040(E).
The applicant would maintain a minimum of a 50-foot setback from the centerline of SW
McDonald Street in compliance with the 30-foot setback required within Section 18.96. The
applicant has not proposed to construct new property improvements within the proposed
clear vision areas next to driveways in compliance with Section 18.102. Prior to the
issuance of Building Permits, the applicant will be required to demonstrate that each site will
have a minimum of 2 off-street parking spaces in compliance with Section 18.106. The
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05&O6-W ILDFLOW ER PROPERTIES TOWNHOMES PAGE 7 aF 12
applicant inadvertently neglected to indicate the location of trees on site. It does not appear
that trees will need to be removed as part of this development. However, the applicant shall
provide a plan indicating the locations and sizes of trees on site and a mitigation plan for any
trees over 12 inches in diameter that will need to be removed including a
protection/treatment plan during site construction for healthy trees to be preserved in
accordance with Section 18.150. Upon completion of the appeal period, the development
will have complied with the statutory requirements of the City of Tigard for initial
development review approval.
Adequate public facilities are available to serve the proposal; Adequate public facilities
are available or have been required to be provided to serve this site, as set forth in Sections
18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain). These
requirements are reviewed by the Engineering Department elsewhere within this report.
All proposed lots conform to the size and dimensional requirements of this title; and
The applicant has requested a variance to the minimum lot size which is reviewed elsewhere
within this report. The new parcels do not exceed a 29/�-to-1, width to depth ratio. The 50-
foot average width requirement is also met by these parcels. For these reasons, the
proposed parcel configurations conforrn with size and dimensional requirements of the R-4.5
Zoning District.
All proposed improvements meet City and applicable agency standards (Ord. 89-06;
Ord. 83-52). As proposed, the improvements will comply with City and applicable agency
standards within this report and as reviewed through the Building Permit Plan Check
process.
Section 18.162.050 contains the following special provisions for lots created through
the Partition Process:
Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district; No specific Lot Width standards applies to
attached dwelling units within the R-4.5 zoning district. Based on the dimensions of the
remaining area, each site would have substantial frontage on SW McDonald Street.
Lot Area: The lot area shall be as required by the applicable zoning district. In the
case of a flag lot, the accessway may not be included in the lot area calculation; The
applicant has proposed a variance to the 7,500 square foot minimum lot size for properties
zoned R-4.5 which is discussed elsewhere within this report.
Lot Frontaqe: Each lot created through the partition process shall front a public right-
of-way by at least 15 feet or have a legally recorded minimum 15-foot-wide access
easement; The newly created parcels would have a minimum of 89 feet of direct frontage
on a public street, in compliance with the lot front standard.
Setbacks: Setbacks shall be as required by the applicable zoning district; The
applicant has also proposed a variance to the 20-foot rear yard setback standard of attached
dwelling units within the R-4.5 Zoning District. This variance is discussed elsewhere within
this report. Other applicable standards for setbacks and clear vision requirements will be
7/13/98 HEARINGS OFFlCER STAFF RPT. CUP98-02JMLP 98-07NAR 98-05 8 06-W ILDFlOW ER PROPERTIES TOW NHOMES PAGE 8 OF 12
reviewed for new structures prior to the issuance of Building Permits, in satisfaction with the
setback Criteria.
Front Yard Determination for Flaq Lot: When the partitioned lot is a flag lot, the
developer may determine the location of the front yard, provided that no side yard is
less than 10 feet. Structures shall generally be located so as to maximize separation
from existing structures; This Criterion has been addressed. Lots 2 and 3, as proposed,
do not meet the definition of a flag lot because each parcel will have direct frontage to SW
McDonald Street. Because SW McDonald Street is designated as a Major Collector Street,
direct individual access is discouraged from each new proposed development site.
Screeninq on Flaq Lots: A screen shall be provided along the property line of a lot of
record where the paved drive in an accessway is located within ten feet of an abutting
lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be
required to maintain privacy for abutting lots and to provide usable outdoor recreation
areas for proposed development; Because neither parcels meet the definition of a flag
lot, a driveway screening plan is not applicable to this request as required in this Criteria.
Fire Protection: The fire district may require the installation of a fire hydrant where
the length of an accessway would have a detrimental effect on fire fighting
capabilities; Through the Building Permit Review, fire hydrants shall be consistent with
Uniform Fire Code standards, thereby, satisfying this Criteria.
Reciprocal Easements: Where a common drive is to be provided to serve more than
one lot, a reciprocal easement that will ensure access and maintenance rights shall
be recorded with the approved partition map; This Criteria that requires a reciprocal
access and maintenance agreement is applicable to this request because each parcel would
have direct frontage to SW McDonald Street. A Condition of Approval has been
recommended that would require the creation of a joint access easement.
Accesswav: Any accessway shall comply with the standards set forth in Chapter
18.108, Access, Egress, and Circulation; and This Criteria will be satisfied through the
future construction of a minimum of a 10-foot-wide paved driveway to serve each new
building site. Compliance with this standard is determined through the Building Permit
Review Process.
Floodplain: Where landfill and/or development is allowed within or adjacent to the
one-hundred-year floodplain, the City shall require the dedication of sufficient open
land area for greenway adjoining and within the floodplain. This area shall include
portions at a suitable elevation for the construction of a pedestrian and or bicycle
pathway with the floodplain in accordance with the adopted pedestrian and or bicycle
pathway plan. This Criteria has been met because the property is not located within the
100-year flood plain or in areas with slopes exceeding 25%. Because the site does not
adjoin the 100-year flood plain, dedication of areas for pathway purposes is not applicable.
Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future
street plan shall be filed which shows the pattern of existing and proposed future
streets from the boundaries of the proposed land division. This section also states
that where it is necessary to give access or permit a satisfactory future division of
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adjoining land, streets shall be extended to the boundary lines of the tract to be
developed and a barricade shall be constructed at the end of the street. Street stubs
to adjoining properties are not considered to be cul-de-sac since they are intended to
continue as through streets at such time as the adjoining property is developed. Due
to the location of property and potential development in this area requirement of a Local
Street that would extend to the south in this area was considered. An alignment along the
easterly property line of the subject parcel was considered as the most likely potential
alignment. Based on development constraints primarily related to environmental constraints
and the location of existing single-family residences to the south of this site a future
extension is precluded.
Street Aliqnment and Connections: Section 18.164.030(G) requires all local streets
that abut a development site shall be extended within the site to provide through
circulation when not precluded b� environmental or topographical constraints,
existing development patterns or strict adherence to other standards in this code. A
street connection or extension is precluded when it is not possible to redesign, or
reconfigure the street pattern to provide required extensions. In the case of
environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant must show
why the constraint precludes some reasonable street connection. The proposed
extension of a Local Street from SW McDonald Street to the south is precluded due to the
locating of existing homes to the south. Properties to the south, southwest and southeast
are developed with detached single-family residences.
PUBLIC FACILITY CONCERNS:
Section's 18.164.030�E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm
Drains) shall be satisfied. Developmen�e provisions related to Storm Water
�uantity, Storm Water Quality, Existing Utility Line Undergrounding, Water Service,
Grading, Erosion Control and Site Permits are also addressed below:
STREETS:
This site lies adjacent to the south side of SW McDonald Street, which is classified as a
major collector street on the City's Transportation Plan Map. This roadway is required to
have a right-of-way of between 60 and 80 feet. At present, the ROW width is
approximately 30 feet from centerline. The street has also been improved adjacent to this
site, except for sidewalk. There is adequate ROW there now for the sidewalk to eventually
be placed, so it appears additional dedications are not necessary.
The applicant should be required to construct a concrete sidewalk across the frontage of
this site as a part of the improvements needed to support the residential structures. There
is existing sidewalk immediately west of this site that will allow for a logical connection.
The sidewalk can be constructed by the applicant at the same time the proposed driveway
is constructed.
The applicant is proposing to construct one driveway to serve the two units, which is
acceptable to Staff. No more than one driveway should be allowed on this site to reduce
the total number of driveways on the major collector. Staff was concemed about the
difficulty vehicles may have if attempting to back out of the driveway into McDonald Street.
To alleviate this concem, the applicant has proposed to construct tum-around areas for
each side of the driveway so vehicles exiting the two units can safely turn around and pull
out onto the street. The applicant's proposed plan appears to be adequate.
WATER:
This site can be served from the City's public water line located in SW McDonald Street.
The applicant will need to apply for water services from the City when building permits are
requested.
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SANITARY SEWER:
There is an existing 8-inch public sanitary sewer line which abuts the south and east
boundary of this site. There is an existing sewer service line provided to this site from the
portion of the public line adjacent to the east boundary line. The applicant is proposing to
extend one additional service line from the same public line to serve the western parcel. A
private sanitary sewer easement will be necessary across the eastem parcel; this
easement shall be shown on the face of the final plat.
STORM DRAINAGE:
There is a tributary to Fanno Creek that flows across the southem portion of this site. The
storm water from the two units can easily be discharged into that drainage area.
STORM WATER QUALITY:
The City has agreed to enforce Surface Water Management (SWM) regulations
established by the Unified Sewerage Agency (USA) Design and Construction Standards
(adopted by Resolution and Order No. 96-44) which require the construction of on-site
water quality facilities. However, the USA standards include a provision that would
exclude small projects such as residential land partitions. It would be impractical to
require an on-site water quality facility to accommodate treatment of the storm water from
the two parcels. Rather, the USA standards provide that applicants should pay a fee in-
lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee
in-lieu on this application.
GRADING AND EROSION CONTROL:
USA Design and Construction Standards also regulates erosion control to reduce the
amount of sediment and other pollutants reaching the public storm and surface water
system resulting from development, construction, grading, excavating, clearing, and any
other activity which accelerates erosion. Per USA regulations, the applicant is required to
submit an erosion control plan for City review and approval prior to issuance of City
permits.
EXISTING OVERHEAD UTILITY LINES:
There are existing overhead utility lines along SW McDonald Street adjacent to this site.
Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a
development to be placed underground or, at the election of the developer, a fee in-lieu of
undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal
foot of street frontage that contains the overhead lines. The frontage along this site is 200
lineal feet; therefore the fee would be $5,500.
SECTION V. OTHER STAFF COMMENTS
The Building Division reviewed this application and had the following comments: The
proposed storm drainage and sanitary sewer piping requires a plumbing permit.
The Water Department reviewed this application and had the following comments: All
portions of each building must be within 500 feet of a fire hydrant.
No other staff comments or objections have been received.
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-0?JMLP 98-07NAR 98-05 8 O6-WILDFLOWER PROPERTIES TOWNFIOMES PAGE 11 OF 12
SECTION VI. AGENCY COMMENTS
The Unified Sewerage Agency (USA) reviewed this proposal and provided the
following comments:
Sanitary Sewer:
Each lot within the development shall be provided with a means of disposal for sanitary
sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewage
Agency's Construction Design Standards, July 1996 edition). Engineer should verify that
public sanitary sewer is available to up-hill adjacent properties or extend service as
required by R&O 96-44.
Storm Sewer:
Each lot within the development should have access to public storm sewer. Engineer
should verify that public storm sewer is available to up-hill adjacent properties, or extend
storm service as required by R&O 96-44. Hydraulic and hydrologic analysis of storm
conveyance system is necessary. If downstream conveyance does not have capacity to
convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for
mitigating the flow.
Water Qualitv:
INater quality needs to be addressed for this partition.
Sensitive Area:
A "Sensitive Area" exists. The developer must preserve a 25-foot corridor as described in
R&O 96-44 separating the sensitive area from the impact of development. The
creek/wetland sensitive area shall be identified on the plans.
No other agency comments or objections have been received.
Julv 6, 1998
PREPARED BY: Mark Roberts DATE
Associate Planner, AICP
•�• July 6, 1998
APPROVED BY: Richard wersdorff DATE
Planning Manager
I:\CURPLN�MARK R\CUP98-02.DEC
7/13�'98 HEARINGS OFFICER STAFF RPT. CUP98-0?JN�P 98-07NAR 98-05&O6-WILDFIOWER PROPERTIES TOWNHOMES PAGE 12 OF 12
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• � REQUEST F COMMENTS �`� CITY OF TIGARD
��EIVED PLANNING � Communi 1DeveCo ment
"1 �'
Shaping�BetterCommunity
DATE: lune 3,1998 J UN 0 9 1998
T0: David Sco�,Building Official CITY OF TIGARD
FROM: Ciql of Tigard Planning Diuision STAff CONTACT: Mark Roqerts,Associate Planner
Pd�ne:[5031639-4171 Fax:[50316847291
RE:
CONDITIONAL USE PERMIT[CUP198-0002/MINIOR LAND PARTITION[MLPI 98-0007/YARIANCE[Sl[VAR198-0005 8 6
➢ WILDFLOWER PROPERTIES TOWNNOMES Q
The applicant has requested approval of the following development applications to allow the development of two
(2) townhomes on two (2) lots: 1. Conditional Use Permit to develop attached residences; 2. Minor Land Partition
to split the existing 27,495 square foot property into two (2) parcels of 5,603 and 5,605 square feet and an
additional tract for existing wetland areas; and 3. Variances have been requested to the 7,500 square foot lot
minimum standard and to the 15-foot rear yard setbacks. LOCATION: 9510 SW McDonald Street; WCTM
2S111 BA, Tax Lot 00103. ZONE: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5
zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.85, 18.96, 18.100, 18.102, 18.106, 18.108,
18.120, 18.130, 18.150, 18.162 and 18.164.
Attached is the Slte P1811,YCllllbl Mep elld AppliCellCS S[et6111e11t 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: [MONDAY - IUNE 15, 1998]. You may use the space provided below or
attach a separate letter to return your comments. If]l0u al'e ullable t01�Sp011d bY the eb0ue dete, please phone the staff
contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any
questions, contact the Tigard Planning Division, 13125 SW Hall Boulevaru, Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
� Written comments provided below:
�f U✓7r �t r+ t� �!r-, .i' .-., I'�"� ��• _i l 1�'1 ., S i ,=� T f- �>� %
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(Please pmvule the foa��fo�r�n�Name of Person[sl Commentlng: .,��Y, �
Phone Number[sl: --�
CUP 98-0002/MLP 98-0007NAR 98-0005&6 WILDFLOWER PROPERTIES TOWNHOMES PROPOSAUREQUEST FOR COMMENTS
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� REQUEST FOR COMMENTS CITY OF TIGARD
RECEIVEQ PLANN{NG Community zDeveCopment
S�inping�i Better Community
DATE: lune 3,1998
JUN 17 �ggg
T0: Michael Miller,Operatlons Water Departmem Mana9er
TIGAAD
FROM: City of Tigard Planning Diuision STAFF CO . Mark Roberts,Associate Planner
Phone:[5031639�171 Fax:[50316847297
RE:
CONDITIONAL USE PERMIT[CUP198-0002/MINIOR LAND PARTITION[MLPI 98-0007/VARIANCE[Sl[VARI 98-0005 8 6
➢ WILDFLOWER PROPERTIES TOWNNOMES Q
The applicant has requested approval of the following development applications to allow the development of two
(2) townhomes on two (2) lots: 1. Conditional Use Permit to develop attached residences; 2. Minor Land Partition
to split the existing 27,495 square foot property into two (2) parcels of 5,603 and 5,605 square feet and an
additional tract for existing wetland areas; and 3. Variances have been requested to the 7,500 square foot lot
minimum standard and to the 15-foot rear yard setbacks. LOCATION: 9510 SW McDonald Street; WCTM
2S111 BA, Tax Lot 00103. ZONE: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5
zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.85, 18.96, 18.100, 18.102, 18.106, 18.108,
18.120, 18.130, 18.150, 18.162 and 18.164.
Attached is the Slte Plell,vcinity Map and ApplicanCs Statemem 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: [MONDAY - IUNE 15, 19981. You may use the space provided below or
attach a separate letter to return your comments. If you are unable to respond by the a6oue date, please phone the staff
contact noted above with your comments and confirm 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 enclosed letter.
_ Written comments provided below:
,4[�. l��x�-c cr,�rs o� -zt.�-E �w�t�f�� wtu.c-r r`3� �..l�ruitil �� F�r o,c
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(P(euse�rovufe tfie for��fo���Name of Person[sl Commem�ng:
'i/ ��
Phone Numqer[sl: k
CUP 98-0002/MLP 9&0007NAR 98-0005&6 WILDFLOW EF PROPERTIES TOWNHOMES PROPOSAURE�UEST FOR COMMENTS
. .,�
REQUESTFO ���S CITY Of TIGARD
� �� Communi IDevelo ment
"1 P
S`wping�(BetterCommunity
DATE: lune 3,1998 JUN 18 1998
T0: • lulla Huffman,USAJSWM Program ���y pF 71GARa
FROM: Cial of Tlgard Planning Diuision STAFF CONTACT: Mark Roherts,Associate Planner
Pbone:[5031639-4171 Fax:[50316647297
RE:
CONDITIONAL USE PERMIT[CUP198-0002/MINIOR LAND PARTITIOM[MLP198-0001/VARIANCE[Sl[VAR]98-0005 8 6
➢ WILDFLOWER PROPERTIES TOWNNOMES Q
The applicant has requested approval of the following development applications to allow the development of two
(2) townhomes on two (2) lots: 1. Conditional Use Permit to develop attached residences; 2. Minor Land Partition
to split the existing 27,495 square foot properry into two (2) parcels of 5,603 and 5,605 square feet and an
additional tract for existing wetland areas; and 3. Variances have been requested to the 7,500 square foot lot
minimum standard and to the 15-foot rear yard setbacks. LOCATION: 9510 SW McDonald Street; WCTM
2S111 BA, Tax Lot 00103. ZONE: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5
zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.85, 18.96, 18.100, 18.102, 18.106, 18.108,
18.120, 18.130, 18.150, 18.162 and 18.164.
Attached is the $ite Plell,YiCillipl Mep 8nd AppliCetlt'S StetOmellt 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: [MONDAY - IUNE 15, 1998]. You may use the space provided below or
attach a separate letter to return your comments. If You el'e u118b18 t0�eSpond bY the eboue dete, please phone the staff
contact noted above with your comments and confirm 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 enclosed letter. - - - --
�-- _
_ Written comments provided below: ;
� �r�w ,
(Pfease provufe tfre foClounng infom�atrvn�Name of Person[sl Commeming. • �'
t_ _ _-
Phone Number[s): ��, g- Q
CUP 98-000?JMLP 98-0007NAR 98-0005 8 6 WILDFLOWER PROPERTIES TOWNHOMES PROPOSAUREOUEST FOR COMMENTS
h
�
--_ ��
�
UNIFIED SEWER.AGE AGENCY OF WASHINGTON COUNTY
MEMORANDUM
DATE: June 16, 1998
TO: Mark Roberts, City of Tigard
FROM: Julia Huffman, USA � �
SUBJECT: Wildflower Properties Townhomes, CUP 98-0002, MLP 98-0007,
VAR 98-0005/6
5ANITARY SEWER
Each lot within the development should be provided with a means of disposal for sanitary sewer.
The means of disposal should be in accordance with R&O 96-44 (Unified Sewerage Agency's
Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary
sewer is available to uphill adjacent properties, or extend service as required by R&O 96-44.
The lateral to serve lot 1 should not cross lot 2.
STORM SEWER
Each lot within the development should have access to public storm sewer. Engineer should
verify that public storm sewer is available to uphill adjacent properties, or extend storm service
as required by R&O 96-44. Hydraulic and hydrological analysis of storm conveyance system is
necessary. If downstream storm conveyance does not have the capacity to convey the volume
during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow.
WATER QUALITY
Water quality needs to be addressed for this site.
SENSTTNE AREA
A "Sensitive Area" exists. Developer must preserve a 25-foot corridor as described in R&O 96-
44 separating the sensitive area from the impact of development. The creek wetland/sensitive
area shall be identified on plans.
155 North First Avenue, Suite 270, MS 10 Phone:503/648-8621
Hillsboro,Oregon 97124 FAX:503/640-3525
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: June 30, 1998
TO: Mark Roberts, Planning Division
� �FROM: Brian Rager, Development Review Engineer �
RE: CUP 98-0002/MLP 98-0007, Wildflower Properties Townhomes
Description:
This application would allow two townhomes to be constructed on two lots to be
created by the partition of the 27,495 square foot parcel, located at 9510 SW
McDonald Street (WCTM 2S1 11 BA, Tax Lot 103). This site is south of and
adjacent to SW McDonald Street, west of SW 93rd Avenue and east of SW 97th
Avenue.
Findings:
1. Streets:
This site lies adjacent to the south side of SW McDonald Street, which is
classified as a major collector street on the City's Transportation Plan
Map. This roadway is required to have a right-of-way of between 60 and
80 feet. At present, the ROW width is approximately 30 feet from
centerline. The street has also been improved adjacent to this site, with
the exception of sidewalk. There is adequate ROW there now for the
sidewalk to eventually be placed, so it appears additional dedications are
not necessary.
The applicant should be required to construct a concrete sidewalk across
the frontage of this site as a part of the improvements needed to support
the residential structures. There is existing sidewalk immediately west of
this site that will allow for a logical connection. The sidewalk can be
constructed by the applicant at the same time the proposed driveway is
constructed.
The applicant is proposing to construct one driveway to serve the two
units, which is acceptable to Staff. No more than one driveway should be
allowed on this site to reduce the total number of driveways on the major
collector. Staff was concerned about the difficulty vehicles may have if
ENGINEERING COMMENTS CUP 98-0002 Wildflower Properties PAGE 1
attempting to back out of the driveway into McDonald Street. To alleviate
this concern, the applicant has proposed to construct turn-around areas
for each side of the driveway so vehicles exiting the two units can safely
turn around and pull out onto the street. The applicanYs proposed plan
appears to be adequate.
2. Water:
This site can be served from the City's public water line located in SW
McDonatd Street. The applicant will need to apply for water services from
the City when building permits are requested.
3. Sanitary Sewer:
There is an existing 8-inch public sanitary sewer line which abuts the
south and east boundary of this site. There is an existing sewer service
line provided to this site from the portion of the public line adjacent to the
east boundary line. The applicant is proposing to extend one additional
service line from the same public line to serve the western parcel. A
private sanitary sewer easement will be necessary across the eastern
parcel; this easement shall be shown on the face of the final plat.
4. Storm Drainage:
There is a tributary to Fanno Creek that flows across the southern portion
of this site. The storm water from the two units can easily be discharged
into that drainage area.
5. Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by the Unified Sewerage Agency (USA) Design
and Construction Standards (adopted by Resolution and Order No. 96-44)
which require the construction of on-site water quality facilities. However,
the USA standards include a provision that would exclude small projects
such as residential land partitions. It would be impractical to require an
on-site water quality facility to accommodate treatment of the storm water
from the finro parcels. Rather, the USA standards provide that applicants
should pay a fee in-lieu of constructing a facility if deemed appropriate.
Staff recommends payment of the fee in-lieu on this application.
6. Grading and Erosion Control:
USA Design and Construction Standards also regulates erosion control to
reduce the amount of sediment and other pollutants reaching the public
ENGINEERING COMMENTS CUP 98-0002 Wildflower Properties PAGE 2
storm and surface water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per USA regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
7. Existing Overhead Utility Lines:
There are existing overhead utility lines along SW McDonald Street
adjacent to this site. Section 18.164.120 of the TMC requires all overhead
utility lines adjacent to a development to be placed underground or, at the
election of the developer, a fee in-lieu of undergrounding can be paid. If
the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street
frontage that contains the overhead lines. The frontage along this site is
200 lineal feet; therefore the fee would be $ 5,500.00.
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Note: Unless otherwise noted, the staff contact for the fol/owing conditions will
be Brian Rager, Engineering Department (639-4179).
1. Prior to approval of the final plat, a Street Opening Permit will be required
for this project to cover the sidewalk and driveway on McDonald Street and
the sanitary sewer tap. The applicant will need to submit five (5) copies of a
proposed public improvement plan for review and approval. NOTE: these
plans are in addition to any drawings required by the Building Division and
should only include information relevant to the public improvements.
2. As a part of the public improvement plan submittal, the Engineering
Department shall be provided with the name, address and telephone
number of the individual or corporate entity who will be responsible for
executing the compliance agreement (if one is required) and providing the
financial assurance for the public improvements.
3. The applicant shall construct the following frontage improvements as a part
of this project:
a. 5-foot concrete sidewalk
b. driveway apron.
ENGINEERING COMMENTS CUP 98-0002 Wildflower Properties PAGE 3
4. The final plat shall contain a joint ingress/egress easement to cover the
shared driveway for the finro parcels. A note shall also be shown on the plat
explaining the maintenance responsibilities for that easement area.
5. The applicant shall either place the existing overhead utility lines along SW
McDonald Street underground as a part of this project, or they shall pay the
fee in-lieu of undergrounding. The fee shall be calculated by the frontage of
the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If
the fee option is chosen, the amount will be $ 5,500.00 and it shall be paid
prior to approval of the final plat.
6. Final Plat Application Submission Requirements:
A. Submit for City review three paper copies of the partition plat
prepared by a land surveyor licensed to practice in Oregon, and necessary
data or narrative.
B. The partition plat and data or narrative shall be drawn to the
minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
C. Once the City and County have reviewed the plat, submit finro mylar
copies of the partition plat for City Engineer's signature.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
7. Prior to issuance of building permits, the applicant shall provide the
Engineering Department with a recorded mylar copy of the
subdivision/partition plat.
8. Prior to issuance of the building permits for either parcel, the applicant shall
pay the standard water quality fee per lot (fee amount will be the latest
approved by USA).
i:\eng�brianr\comments\cup98-02.bdr
ENGINEERING COMMENTS CUP 98-0002 Wildflower Properties PAGE 4
• �
REQUEST FOR COMMENTS CITYOFTIGARD
Community Develo�ment
SFuipingA.Better Community
DATE: lune 3,1998
T0: PER ATTACHED
FROM: Ciql of Tigard Planning Division STAFf CONTACT: Mark Roqerts,Associate Planner
Pd�ne:[5031639�171 Fax:[5031684-7297
RE:
CONDITIONAL USE PERMIT[CUP198-0002/MINIOR LAND PARTITION[MLPI 98-OOO7/VARIANCE[Sl[VAR198-0005 8 6
➢ WILDFLOWER PROPERTIES TOWNNOMES Q
The applicant has requested approval of the following development applications to allow the development of two
(2) townhomes on two (2) lots: 1. Conditional Use Permit to develop attached residences; 2. Minor Land Partition
to split the existing 27,495 square foot properry into two (2) parcels of 5,603 and 5,605 square feet and an
additional tract for existing wetland areas; and 3. Variances have been requested to the 7,500 square foot lot
minimum standard and to the 15-foot rear yard setbacks. LOCATION: 9510 SW McDonald Street; WCTM
2S111 BA, Tax Lot 00103. ZONE: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5
zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.85, 18.96, 18.100, 18.102, 18.106, 18.108,
18.120, 18.130, 18.150, 18.162 and 18.164.
Attached is the SitC Plen,YiCllllql Mep end AppliCellCS Stete111Cl1t 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: [MONDAY - IUNE 15, 1998]. You may use the space provided below or
attach a separate letter to return your comments. If You ere u118b1e b reSp011d bY the ebOVe dete, please phone the staff
contact noted above with your comments and confirm 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 CNECK TNE FOLLOWING ITEMS TNAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
(P(ease provide tfie forr��fo��n�Name of Person[sl Comme�ing:
Phone Number[sl:
CUP 98-00021MLP 98-0007NAR 98-0005 8 6 WILDFLOWER PROPERTIES TOWNHOMES PROPOSAURE�UEST FOR COMMENTS
� � REQUEST FOR COMMENTS
NOTIffCATIOM LlST FOR LAND USE s�COMMUNITY DEYELOPMENT APPLICATIONS
eR�na:[c� [o ts�tw� CIIIZEM INYOLVEMENT TfAMS a]Pl�c�bt nt�ew lo Li6ruy CR B�ek[sl
^ C u —�ao2_
fILE NO[Sl.: LV� ��'ec.ue r 1�`vvt� N l o wH o�,es FILE NAME[Sl: IM�_� 9� -n0o7 [J�-,p y�.c�ps
CRY OfFICES oa,�
_A9.IFANCED PLANNING/Nadine Smith,a�,�s,�«,.�.a,_�MUNITY DVLPMNT.DEPT./ora�w.s,�..*.�n„K,,,,. P LICE DEPTJJim Wolf,c��,,.v,�.,,;,,,o,rr.,
�UILDING DIVJDavid Scott,e����a,K�r GINEEAING DEPTJBnan Rager,�,a�,M.R«»,e�.., �AIATER DEPTJMichael Miller,00.,.�.w,,.,.,
_CITY ADMINISTRATION/Cathy Wheatley,cm AKaa., _OPERATIONS DEPT./John Roy,aao.�r�.�•�,a« _OTHER
SPECIAL DtSTRICTS
TUAL.HILLS PARK&REC.DIST.� TUALATIN VALLEY FIRE&RESCUE� TUALATIN VALLEY WATER DISTRICT� �UNIFlED SWRGE.AGENCY�
Planning Manager Fire Marshall Administrative Office Julia HuffmaNSWM Program
15707 SW Walker Road Washington Counry Fire District PO Box 745 155 N.First Street
Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hilisboro,GR 97124
ioc�u n�o srb��uRiso�cnoNs
CITY OF BEAVERTON jlt CITY OF TUALATIN � OR.DEPT.OF FISH d�WIIDLIFE OR.DIV.OF STATE LANDS
Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street,NE
41ike Matteucci.Na9ronw.coo,a. PO Box 369 PO Bax 59 Salem,OR 97310-1337
^PO Box 4755 Tualatin,OR 97062 Portland,OR 97207
Beaverton,OR 97076 OR.PUB.UTILITIES COMM.
_METRO-LAND USE 6 PLANNING � _OR.DEPT.OF GEO.3 MINERAL IND. 550 Capitol Street,NE
CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,Ofi 97310-1380
City Manager Portland,OR 97232-2736 Portland,OR 97232
PQ Box 23483 US ARMY CORPS.OF ENG.
Ourham,OR 97281-3483 Paulette Alien,c�owm�ca«m�,.�o. OR.DEPT.OF LAND CONSERV.&DVLP 333 SW First Avenue
�MQI HUIB,Grwup�crCop�tiwp(CpA'YLOA'a) 1175 Court Street,NE PO Box 2946
CITY OF K1NG CITY� Salem,OR 97310-0590 Portland,OR 97208-2946
City Manager METRO AREA BOUNDARY COMMISSION
15300 SW t t Sth Avenue 800 NE Oregon Street OREGON DEPT.OF TRANS.(ODO� WASHINGTON :OUNTY+I►
King Ciry,OR 97224 Building#16,Suite 540 Aeronautics Division Dept.of Land Use&Trans.
Portland.OR 97232-2109 Tom Highland,a�,.�y 155 N.First Avenue
C1TY OF LAKE OSWEGO � 3040 25th Street,SE Suite 350,MS 13
Planning Director OR.DEPT.OF ENERGY Salem,OFi 97310 Hilisboro,OR 97124
PO Box 369 Bonneville Power Administration
Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera ODOT,REGION 1 #� Brent Curtis ccaa,•:�
PO Box 3621 Sonya Kazen,anm�.a� coo,e. _ Scott King�ca•:i
_ClTY OF PORTLAND Portland,OR 97208-3621 123 NW Flanders Mike Borreson te�,y��,..�i
David Knowles,Pww�y e�.�,o��. Portland,OR 97209-4037 Jim Tice uc�•si
Portland Building 106.Rm. 1002 _OREGON,DEPT.OF ENVIRON.QUALITY T om Harry�c�,.en v�..,,�..�
1120 SW Fifth Avenue 811 SW Sixth Avenue ODOT,REGION 1-DISTRICT 2A � Phil Healy�u.�.M a�.r�..�
Portland,OR 97204 Portland,OR 97204 Jane Estes,a«mesc.�+ug _ Sr.Cartographer�caNZC�•MS,.�
PO Box 25412
Portland,OR 97298-0412
UTlIITY PROYIDERS AND SPECIAL A6ENCIES
BURLINGTON NORTHERW
SANTA FE R/R METRO AREA COMMUNICATIONS PORTLAND GENERAL ELECTRIC TCI CABLEVISfON OF OR.
Reed Fay,Division Superintendent Jason Hewitt Bnan Moore,Svc.Design Consultant Linda Peterson
7313 W. 11th Street Twin Oaks Technology Center 9480 5W 8oeckman Road 3500 SW Bond Street
Vancouver,WA 98660-3000 1815 NW 169th Place,S-fi020 Wilsonville,OR 97070 Portland,OR 97201
Beaverton,OR 97006-4886
COLUMBIA CABLE COMPANY PORTLAND WESTERN R/R TRI-MET TRANSIT DVLPMT.
Craig Eyestone NW NATURAL GAS COMPANY Steve Myhr,Region Manager Michael Kiser,Pro�ect Pianner
142o0 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street
Beaverton,OFI 97005 220 NW Second Avenue 999 Third Avenue,Suite 2120 Portland.OR 97232
Portland,OR 97209-3991 Seattle,WA 98104-4037
GENERALTELEPHONE
Paul Koft,Engineering OREGON ELECTRIC R/R SOUTHERN PACIFIC TRANS.CO.R/R US WEST COMMUNICATION
MC: OFi030546 �d(/RllMRONMORiNFRM/f.WiAFFR/RDRFDASSOqJ Cliflord C.Cabe.Construction Engineer Pete Nelson
Tigard,OR 97281-3416 Reed Fay,Division Supenntendent 5424 SE McLoughlin Boulevard 421 SW Oak Street
1313 W. 11th Street Portland,OR 97232 Portland,OR 97204
Vancouver,WA 98660-3000
+� - INO/CAfLi A(/tOMAtIC NOTI�ICAt10N /!M//lM1N =f0' Oi tML f1/iJtt!IItOIfA�iOR AMr/ALL t/Tr PRO�LCti.
/IROJLCl ILAMMLR!f 1l�iIONl/iiL FOR/NOICAl/MC I/UltlLi TO NOi/A/
h:lpattyVnasters4lcnotice.mst 16-Jan•98
. �
� GEOG0.APHICINFORMATION SYSTEM
��VIEW CT
AREA NOTIFIED
2S1 2CD02 3
2 02CD026 y� 2CD0 0 I Wildflower Properties Townhomes
` 251�2�002500 2$�02DCO2100 I CUP 98-0002lMLP 98-0007
VAR 9&0005 8�6
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1'=213 feet
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Infamatlon on iMs map is fw peneral location only and
(Q nhould be verlfled wlCi the Development Services Divisbn.
� N 73125 SW Hall Blvd
Z Tigard,OR 97Y23
(503J 63&4171
� Ik�•l/www.d.tlperd.a.us
��w� na auc hn 3.tsss:CvuM.iticot.�pr
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COMMUNITY NEWSPAPERS, INC. Le9a�
P.O. BOX 370 PHONE(503)684-0360 NotiCe �T 917 3
BEAVERTON,OREGON 97075
Legal Notice Advertising
City of Tigard � ❑ Tearsheet Notice
�3125 SW Hall Blvd. • ❑ Duplicate Affidavit
Tigard,Oregon 97223
� � The following will be considered by the Tigard Hearings Officer on
Accounts Payable Monday,July 13, 199$,at 7•P.M., at Tigard Civic Center—Town Hall,
13125 SW Hall Boulevard,Tigard,Oregon.Both public,oral and written
testimony is invited.The public hearing on this matter will be conducted
in accordance with the rules of Chapter 18.32 of the Tigard Municipal
AFFIDAVIT OF PUBLICATION Code,and rules and procedures o�the Hearings Officer.Failure�o raise an
STATE OF OREGON, ) issue in person or by letter accompanied by statements or evidence suffi-
COUNTY OF WASHINGTON, )SS' cient to allow the hearings authority and all parties to respond precludes
an appeal, and failure to specify the criterion from the Community
�, Kathy Snyder Development Code or Comprehensive Plan at which a comment is
being first duly sworn, depose and say that I am the Advertising directed precludes an appeal based on that criterion.Further information
Director, or his p�incipal clerk, of the Tiqard—TLa l at-i n Times may be obtained from the Planning Division at 13125 SW Hall �
a newspaper of general circulation as defined in ORS 193.010 Boulevard,Tigard,Qregon 97223,or by calling(503)639-4171. .
and 193.020; published at Ti qar�3 in the PUBLIC HEARING:
aforesaid county and state; that the CONDITIONAL USE PERMIT(CUP).98-0002/MINOR LANp
Pub1iC H�ar; nc�—W' 1 d F1 ow Prn=Prt i r�c PARTITION(MLP)98-0007/VARIANCES(VAR)98-0005&6
a printed copy of which is hereto annexed, was published in the >WILDFLOWER PROPERTIES TUWNHOMES< �
The applicant has reyuested approval of the following development ap-
entire issue of said newspaper for ONE successive and plications to allow the development of two(2)townhomes on two(2)lots:
consecutive in the following issues: 1. Conditional Use Permit to develop attached residences; 2.Minor Land
Partition to split the existing 27,495 square foot property into two(2)par-
Ju ly 2 ,19 9 8 cels of 5,603 and 5,605 square feet and�n'additional tract for existing
wetland areas;and 3. Variances have been requested[o the 7,500 square
foot lot minimum standard and to reduce the 15-foot rear yard setback by
seven (7)ii3 feet. LOCATION: 9510 3W McDonald Street; WCTM
2S 111BA,Tax Lot 00103.ZONE: R-4.5; Single-Family Residential,4.5
Units Per Acre. The purpose of the R-4.5 zoning district is to establish �
standard urban low density residential home sites. APPLICABLE
REVIEW CRITERIA: Community Development Code Sections 18.32,
Subscribed and sworn to before me this 2n� �a.�a�l�, 1998 18.50, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150,
18162 and 18.164.
Not Public for Oregon � �
My Commission Expires: � �
AFFIDAVIT - -
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TT9173—Publish July 2, 1998. '
!
. . ,,,
. . AFFIDAVIT OF MAILING cmorno�ueu
Comrrsunity�DcveCopmrnt
Stiaping A Better�ommuaity
�� ���� �
County af'Gt�ashington �ss.
�'ity of�I'rgard )
I, �Pacriciu G. Gunsford being first duly swom/affirm, on oath depose and say that I am an,�dministrati�ue Specia['uc II for the
City of?'�garc� 'GVasFiington County, Orrgan and that I served the following:
ta,.a��oaao��.ew.i a.b.rt
❑ N0110E OF DECISION FOR:
� AMENDm NOTiCE (Fle No.Marne Rekrc�ce)
❑ City of Tigard Planning Director
N0110E OF PUBLIC HEARIHG FOR: �C��P�I�j_� � _ V c _ ; � _ ��
� AMENDEDNOTICE 1f � /i�,1 �- ' �,�r, l; 1�1 — '(�d udicHeanrg)
V
� City of Tiga�d Planning Director
Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tigard City Council
❑ MOTICE OF FINAL ORDER FOR: �i �
� AMENDED NOTICE (Fle No.Martie Relerence) (Daos d Pudic rierw�y
❑ City of Tigard Planning Director
❑ Tigard Heanngs Officer
❑ Tigard Planning Commission
0 Tigard City Council
❑ NOTICE OF. FOR: � �
(TY f�alKind d Notice) (File No.RJame Reference) (Dao�d Pudc hiearwg,4 avp��l
A copy of the PUBLIC NEARIN6 NOTICE/NO110E OF DECISIOM/NOTICE OF RNAL ORDER/OTHE6 MO110E[Sl of which is attached,
marked ddUd� "A", was mai�d to ea d person(s) at the address(s) shown on the attached list(s), marked
",qn the :, :;-,n ay of . �. 1998, and deposited in the United States Mail on the
� - �� day o ' 1998,postage prepaid.
,�� � ��
� ��. , ;� �-��-.�
� (Persc�n thaf Prepaced Notice) ,
Subscribed and swom/affirmed b�fbre me on the � r� day of 3�^ , 19�.
�
� i"L'�, OFFICIAL SEAL�.�-p_ F � i�
��"��,
�j�. DIANE M JELDERKS � /!
'�F� NOTARY PUBUC-OREGON �n ,
/
_ �.� i i,� �� ��_
COMMISSION NO Oa61d2
��,v,.o�.,M�ss�nNexP��FSSF�rr�s�Fr�e� ,a.�:� MOTARYPUBIICOFOR
_�___.�..._.�..�........._._.�.�.___. �
. My Conu�ion �~ `�
� £Xi�IBIT A
� CITY OF TIGARD
Commu�tity Deve(nprrrent
SFiaping?�Better Cammunit�
PUBLIC HEARIHG HOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY,
lULY13,1998AT7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD,
TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION:
FILE NO: CONDITIONAL USE PERMIT[CUPI 98-0002
MINOR LAND PARTITION[MLPI 98-0001
VARIANCE[Sl (VAR]98-0005 8 6
FILE TITLE: WILDFLOWER PROPERTIES TOWNNOMES
APPLICANT(S): Wildflower Properties, Inc. OWNER(S): City of Tigard
15491 SW Peachtree Drive 13125 SW Hall Boulevard
Tigard, OR 97224 Tigard, OR 97223
REQUEST: The applicant has requested approval of the following development applications to allow
the development of two (2) townhomes on two (2) lots:
1. Conditional Use Permit to develop attached residences;
2. Minor Land Partition to split the existing 27,495 square foot properry into two (2)
parcels of 5,603 and 5,605 square feet and an additional tract for existing
wetland areas; and
3. Variances have been requested to the 7,500 square foot lot minimum standard
and to reduce the 15-foot rear yard setback to seven (7)K feet.
LOCATION: 9510 SW McDonald Street; WCTM 2S111 BA, Tax Lot 00103.
ZONE: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5 zoning district is
to establish standard urban low density residential home sites.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.96, 18.100, 18.102, 18.106, 18.108,
18.120, 18.130, 18.150, 18.162 and 18.164.
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY
COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PFiOCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO
ENDEAVOR TO ARRANGE FOR C�UALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL
INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD -
TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE
ARRANGEMENTS.
CUP 98-0002/MLP 98-0007NAR 98-0005 d 6 W IIDFLOW ER PROPERTIES TOWNHOMES NOTICE OF 7/13/9B HEARINGS OFFICER PUBLIC HEARING
ANYONE WISHING TO PRESENT W^'TTEN TESTIMONY ON THIS PROPOS�n ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEA a. ORAL TESTIMONY MAY BE PRE:�:-`, ;ED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE HEARINuS OFFICER WILL RECEIVE A STAFF ��CPORT PRESENTATION FROM THE
�CIT� 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 AFTER JUNE 22, 1998, ANY PARTY IS
ENTITLED TO REC�UEST 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 N�TICE 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 AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY
THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A
COMMENT IS DIRECTED 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 (25C) 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 (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS, ASSOCIATE
PLANNER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
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CUP 9&00021MLP 98-0007NAR 98-0005�6 WILDFLOWER PROPERTIES TOWNHOMES NOTICE OF 7/13158 HEARINGS OFFICER PUBLIC HEARING
�� �
C,G�P �18'C�� Ut,� ! '>�- � �-'�-r' ��� .,F; �t, -- � ; r��, ,r . � /'� � �� ,
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2S102CD-02400 CD-02402
� FISHER THOMAS L TRUSTEE KUHN D R M A
PO BOX 11370 9455 S ALD ST
PORTLAND,OR 97211 D,OR 97223
2S102CD-02403 2S102CD-02500
KUHN FRED R MARLYS A FLETCHER PAUL M BETTY J
9455 SW MCDONALD ST 9555 SW MCDONALD RD
TIGARD,OR 97223 TIGARD,OR 97223
2S102CD-02604 2S102CD-02613
SHIRLEY JULIA A NICHOLSON VICKI L
9610 SW HILLVIEW COURT 9675 SW MCDONALD
TIGARD,OR 97223 TIGARD,OR 97224
2S102DC-02100 2S111AB-03100
CROW GERALD W JR&CHAREE SMITH CY T&
11552 SW LESSER RO 14135 SW 93RD AVE
PORTLAND,OR 97219 TIGARD,OR 97224
2S111AB-03200 2S111AB-03300
SCHWARZER GERTRUD E&PETER H FRENI THOMAS E AND
9330 SW MCDONALD 9430 SW MCDONALD ST
TIGARD,OR 97224 TIGARD,OR 97224
2S111BA-00103 2 i8A-00105
TIG CI F LAUTT R AND ANNA M
1312 ALL BLVD 14140 9 VE
ARD,OR 3 RD,OR 9722
2S111BA-00109 2S111BA-00111
PARKER THOMAS D/LINDA L WASHINGTON COUNTY
14110 SW 97TH AVE 111 SE WASHINGTON ST
PORTLAND,OR 97224 HILLSBORO,OR 97123
2S1118A-00113 2S111BA-00114
LAUTT RONALD R AND ANNA M MYERS REED D&DEBRA R
14140 SW 97TH AVE 14090 SW 97TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 111 BA-06100 2 1 BA-0610 .
MAWHIRTER IRENE TR TIGAR OF
9265 SW MCDONALD ST 13125 H
TIGARD,OR 97224 TI RD,OR 972 3
1BA-06200 2 BA-06300
MAW TER E TR MAWHI IRENE TR
9265 DONALD ST 92 MC ALD ST
ARD,OR 4 IGARD,OR 972 4
< <I, 1 �_ �-�r-,: _ � ; � c �� � ;.��_ �.: � ir� �,�' �� ,�����:� - ; ��� �� �-� �
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2 1116A-06400 2S1116A-�6500
� Mi4 RT IRENE TR HIRTER A L TR
9265 ONALD ST 9265 S ONALD ST
ARD,OR 97 24 RD,OR
2S111BA-06600 2S111BA-08600
MA IRTER NE TR HUGHES DAVID A AND VICKIE M
9265 S DONALD ST 9435 SW MTN VIEW LN
TI D,OR 24 TIGARD,OR 97224
2S111BA-08700 2 1BA-08900 '
COURTNEY RONALD B&VICKI R lAU R&ANNA M
14124 SW 97TH AVE 1414 9 VE
TIGARD,OR 97224 ARD,OR 9722
ieA-o9000 WILDFLOWER PROPERTIES,INC.
LAUTT A &ANNA M 15491 SW PEACHTREE DRIVE
1414 AVE
ARD,OR 9722 TIGARD OR 97224
" AFFlDAY1T OF MAILING ���
cm or no�c
Cammunity�Dtvtlopment
� Shap�g�l BtttaCommunuy
.5'�A7tE O�F O�GON )
County of`tNaskington �ss.
City of?�gafd )
i, �Pacricia G. Luruford being first duly swom/a�rm, on oath depose and say that I am an�dministratiuc Specia!'rst II for the
Citj►vfTrgar� `Was(cington County, Ongon and that I served the following:
(Cr�al��EaqN b�b�i
a Nonc�oF oEC�s�oN �o�:
0 a�r,om r,on� �a�No.,r�,e R�,oe,
� City of Tigard Planning Director
❑ NOTICE OF PUBUC REARIN6 F�R: � �
� AN+EN�NO�E cFde No.M�„e Rdaenoe)
(0�d Ri6ie Hsrnq)
❑ City of Tigard Planning Director
❑ Tigard Hearings Officer
❑ Tigard Planning Commission
❑ Tiga City Council � /
r �S �cv /!
NOTICE Of f iNA1 OR�ER FOR. �C.//N /� `_�d/UA 'D�,. L�rrr�`�� 1
� AMENDm NOTICE �O .Marne Re(qeroe) �(Drr d Publi�hiw,rq�
❑ City of Tigard Planning Director
� Tigard Hearings Officer
0 Tigard Planning Commission
❑ Tigarc! City Counal
❑ NOTICE OF. F�R: � �
RYD��d NCOr'.e) (Fde fVnMartie Rdnente) (�ae�d Pubrc Merrq,I aoproar►
A copy of the PUBLIC HfARIM6 MQIICE/NOTICE OF DEC�IOM/MO110E OF HMAL 080ER/OTNEA MO110E[S] of which is attached,
marked ElddbR '71", was m�iled to each narr�,ed person(s) at the address(s) shown on the attached list(s), marked
Eldtlblt,8",9n the _� '��. �day of - tl,G�!, 1998, and deposited in the United States Mail on the
_ �..�,�,day of ..�f�%/ 1998,postage prepaid.
� - . � � �—% � �
� ' . Z�:'C,l.� � �.1�1.J�.d%r T;.=Z
(Person that Prepared Notice)
� .-
Subscribed and swomJaffirmed before me on the `"�day of c C" .?.� �� � , 19�•.� .
��..� / �
OFFICIAL SEAI ��/, � �"
DIANE M JELDERKS
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NOTARY PUE3LIC•OREGON �1
COMMIS510N NO Oo6�a2 ; p� Y PUBUC Of 06EG !L�
MY CUMMI�SIqN�xK'IpE5 5EPTEMBER 0' '9`-+�! l� �`
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X�In ��' A
` CITY OF TIGARO
Community�DeveCopment
- Shaping A Better Community
CITY OF TICARD
`WasFiington County, Oregon
NOTICE OF FINALORDER
BY THE CITY OF TIGARD NEARINGS OFFICER
Case Numbers: CONDITIONAL USE PERMIT (CUP) 98-0002/MINOR LAND PARTITION
(MLP) 98-0007NARIANCES (VAR� 98-0005 & 6
Case Name: WILDFLOWER PROPERTIES TOWNHOMES
Name of Owner: City of Tigard
Name of Applicant: Wildflower Properties. Inc.
Address of Applicant: 15491 SW Peachtree Drive City: Tigard State: re n Zip: 7224
Address of Property: 9510 SW McDonald Street City: Tigard State: re on Zip: 7224
Tax Map & Lot No(s).: WCTM 2S111 BA, Tax Lot 00103.
Request—➢ AT THE JULY 13, 1998 PUBLIC HEARING, THE HEARING'S OFFICER APPROVED, SUBJECT
TO CONDITIONS, A REQUEST FOR APPROVAL OF THE FOLLOWING DEVELOPMENT
APPLICATIONS TO ALLOW THE DEVELOPMENT OF TWO (2) TOWNHOMES ON TWO (2)
LOTS:
1. Conditional Use Permit to develop attached residences;
2. Minor Land Partition to split the existing 27,495 square foot property into two (2) parcels of
5,603 and 5,605 square feet and an additional tract for existing wetland areas; and
3. Variances have been requested to the 7,500 square foot lot minimum standard and to reduce
the 15-foot rear yard setback to seven (7)�feet.
ione: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5 zoning district is to
establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA:
Community Development Code Sections 18.32, 18.50, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120,
18.130, 18.150, 18.162 and 18.164.
ACtIOn: —➢ ❑ Approval as Requested 0 Approval with Conditions ❑ Denial
NOtICC: Notice was published in the newspaper, posted at City Hall and mailed to:
0 Owners of record within the required distance � Affected governmental agencies
� The affected Citizen Involvement Team Facilitator � The applicant and owner(s)
Final Decision: �
DATE OF FILING: IULY 30,1998
THE DECISION SNALL BE FINAL ON AUGUST 12,1998 UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision and statement of conditions can be obtained from the City
of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section
18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is
given and sent. The appeal may be submitted on City forms and must be accompanied by the
a eal fee s of$1,745. lus transcri t costs, not in excess of$500.
THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M.ON AUGUST 12,1998.
QU6Sti011S: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171.
CUP 98-0002/MLP 98-0007NAR 98-0005 8 6 W�LDFLOWER PROPERTIES TOWNHOMES NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CTTY OF TIGARD,OREGON
Regarding an application by Wildflower Properties for approval ) F I N A L O R D E R
approval of a preliminary plan to divide 0.63 acres into 21ots, ) MLP 98-0007
a conditional use permit for an attached dwelling, and variances ) CUP 98-0002
to lot size and rear yard setback standards for land at ) VAR 98-0005 & -0006
9510 SW McDonald Street in the City of Tigard, Oregon ) (Wildflower)
I. SUNIlVIARY
A. This final order concerns an application by Wildflower Properties, Inc. (the
"applicant") to partition property located on the west side of McDonald Street between 93rd
and 97th Avenues (9510 SW McDonald Street, the"site"). The applicant proposes to
divide the 0.63-acre site into 2 lots and a tract� The proposed tract contains roughly 16,287
square feet, including 11,282 square feet of wetlands. The proposed lots comply with
dimensional requirements of the R-4.5 zone except the minimum lot size standard.
1. The minunum lot size in the zone is 7500 square feet T'he applicant proposes to
create two lots each containing about 5600 square feet; therefore the applicant requests a
variance to the minimum lot size standard.
2. The site is not developed with structures. T'he applicant proposes to build
attached single-family dwellings on the site. The two dwellings will share a common side
wall and a common driveway and vehicle maneuvering area. The applicant requests
approval of a conditional use permit for the attached dwellings as required by the Tigard
Community Development Code("CDC").
3. The proposed dwellings will be situated about 7.5 feet from the rear lot line of
the proposed lots. The CDC requires a minimum rear yard setback of 20 feet. Therefore
the applicant requests a variance to that standard.
4. The applicant will extend public sewer and water to each lot. The applicant will
construct a sidewalk and will plant street trees along the site's McDonald Street frontage.
5. The applicant proposes to collect storm water runoff from roofs and to direct it
to the wetland on the site. The applicant will direct water from the proposed common
driveway to the drainage facilities in the McDonald Street right of way.
B_ At the public hearing in this matter, City staff recommended approval, subject to
conditions. See the Staff Report dated July 6, 1998 (the Staff Report). The applicant
accepted the staff recommendations without exceptions. Three neighbors testified orally;
one in support and two with objecrions or concerns. The hearings officer closed the record
at the conclusion of the hearing. The principal issues in this case u►clude the following:
1. Whether the proposed development will adversely affect drainage; and
2. Whether attached dwellings should be permitted on the site, particularly given
the steep slope and wetlands on portions of the site and its relationship to McDonald Street.
E. For the reasons provided and referenced in this final order, the hearings officer
approves the preliminary plan for the partition,the conditional use permit for the attached
dwellings, and the variances to minimum lot size and minimum rear yard setback, subject
to the conditions recommended by City staff with certain changes described more herein.
II. HEARING AND RECORD
A. Tigard Hearings Officer Larry Epstein (the hearings officer) held a duly noticed
public hearing on July 13, 1998 to receive and consider public testimony in this matter.
The record closed at the conclusion of the hearing. The record includes a witness list,
materials in the casefile as of the close of the hearing, and an audio record of the hearing.
At the beginning of the hearing, the hearings officer announced the rights of persons with
an interest in the matter, including the right to request that the hearings officer continue the
hearing or hold open the public record, the duty of those persons to testify and to raise all
issues to preserve appeal rights and the manner in which the hearing will be conducted.
The hearings officer also disclaimed any ex parte contacts,bias or conflicts of interest.
B. The following testimony was offered at the hearing in relevant part.
l. City planner Mark Roberts summarized the applicable approval standards, the
Staff Report and the proposed development. He highlighted the reasons for the variances.
2. Ron Bohart testified for the applicant. He described the proposed development,
explained why the variances are needed,and accepted the Staff Report without exceptions
or corrections.
3. A neighbor to the south,Irene Mawhirtir,testified in favor of the application.
4. Linda Parker, a neighbor to the west, testified with concerns about drainage and
whether proposed fencing or additional storm water could impede downstream flows or
cause water to back-up onto the site and adjoining properties. In response, Mr. Roberts
testif'ied that the roof water can be discharged to the wetland and that the applicant will pay
a fee in lieu of on-site water quality treatment, because of the relatively small size of the
site. He testified the applicant could ask the city to accept a donation of the open space
tract,but the city cannot require the dedication, also because of the relatively small size of
the site. Also in response, Mr. Bohart testified about his drainage plans and a 6-foot high
fence he will install around the tract, noting that USA rules require him to install the fence.
5. Reid Myers, a neighbor to the west, testified against the application. He argued
the site is not large enough to accommodate two dwellings,due to the impact of the steep
slope along McDonald Street and the sensitive wetlands on the west part of the site. He
raised concerns about the safety of access from the site to McDonald Street, no�ing that cars
parked along the street obstruct views.
III. DISCUSSION
A. City staff recommended approval of the application based on findings and conclusions
and subject to conditions of approval recommended in the Staff Report. The applicant
accepted those conditions without exceptions. The heaxings officer agrees generally with
those findings, conclusions and conditions, and adopts the affirmative findings in the Staff
Report as support for this Final Order except as expressly provided to the contrary in this
Final Order.
B. There is a dispute about whether the proposed development will adversely affect
drainage. This issue is relevant to the conditional use permit(CDC section 18.130.040)
and to the partition (CDC section 18.162.040 and 18.164.100). The hearings officer finds
that the proposed drainage measures can comply with the applicable standards as follows:
Hearings Officer Fina!Order
MLP 98-0007/CUP 98-0002NAR 98-D005 and -0006 (Wildflower) Page 2
1. The characteristics of the site, particularly its size, topography and hydrology,
� are suitable for the proposed use and associated drainage, because the wetland and a buffer
around the wetland will be preserved in a largely undeveloped condition, and will continue
to provide for storm water detention,enhancement and transport. The topography of the
site is such that water from roof drains can be directed by gravity to the wetland. Drainage
from the driveways can be directed by gravity to the public storm facilities along McDonald
Street. Fencing around the wetland will reduce the chance that activities by people or
domestic animals in the wetland area may disrupt its proper functioning.
2. Erosion could adversely affect storm water drainage by impeding or diverting
the flow of water or by clogging drains, inlets or pipelines. The hearings officer finds that
such effects can be prevented in the long-term by revegetating areas of the site that are
disturbed by development. Revegetation of disturbed areas should be required. Such
effects can be prevented during conswction by employing soil stabilization and erosion
control measures required by USA. Condition of approval 10 addresses the fee in lieu of
on-site water quality treatment,but does not explicidy reference USA erosion control
requirements or revegetation. The condition should be amended to do so.
3. The applicant may offer to dedicate the wefland and buffer tract to the City, and
the City may or may not accept that offer. If the City does not accept such an offer, the
applicant should be required to provide for the common ownership and maintenance of the
tract. A condition of approval should be added to this effect to help ensure the carrying
capacity and function of the wetland is preserved and maintained.
C. There is a dispute about whether attached dwellings should be permitted in the site.
The issue is relevant to the conditional use permit (CDC section 18.130.040). The
hearings officer finds the applicant made a prima facie showing that the conditional use
permit complies with the applicable standards,based on the findings in the Staff Report.
Although there was testimony to the contrary by Mr. Reid,he did not introduce substantial
evidence to support his opinions.
1. Two homes will have more impact than would one home, but that is not reason
enough to deny the conditional use application. Because the homes will be situated on the
site in a manner that protects the wedand and wedand buffer and allows a single common
access to McDonald Street,it addresses natural features and access consistent with CDC
18.130.040. The same area of the site is likely to be affected by development whether the
site is developed for one home or two. There is no evidence that conditions along
McDonald Street are hazardous. Two homes will have an incrementally small impact on
street traffic. The applicant proposes a common drive to minimize the potential for safety
hazards due to multiple turning movements or traffic backing out into McDonald Street�
2. The variance applications also are not enough to show the site is unsuitable for
the proposed use. Rather they show the structures will be sited thoughtfully to protect
natural resources and to reduce the potential for adverse land use or traffic effects. The
variances comply with applicable standards (CDC section 18.134.050), including a
standard that prohibits variances from being materially detrimental, based on the findings in
the Staff Report.
3. More development (i.e., two homes instead of one) is not inherently adverse
provided it can be accommodated on the site. In this case the hearings officer finds it can.
In fact it is more consistent with the underlying zoning to allow two homes than to allow
only one home, because it better fulf'ills the need recognized in the City Comprehensive
Plan and in the CDC for more in-fill housing in the city. Although Mr. Reid argued the
attached homes will be occupied by renters, and renters do not care about the community,
Nearings O,B`'icer Fina!Order
MLP 98-0007/CUP 98-0002NAR 98-0005 and -0006 (Wildflower) Page 3
there is no evidence to support his opinions. By creating a separate lot for each home, the
proposal facilitates home ownership. But whether the homes are owner occupied or not is
urelevant to any applicable city standard. The hearings officer cannot assume the form of
the development will lead to adverse behavior by residents of the homes. Such an
assumption would be unsupported, arbi�rary and capricious and would deny equal
protection of the law to the people who might benefit from additional housing opportunity.
N. CONCLUSION
The hearings officer concludes that the partition,conditional use and variance applications
do or can comply with the relevant standards and criteria of the Tigard Community
Development Code (CDC) as provided in this Final Order, provided the application is
subject to conditions of approval that ensure the final subdivision plat and subsequent
development will comply with applicable CDC standards and criteria. Therefore those
applications should be approved subject to such conditions.
V. DECISION
Based on the fmdings and conclusions provided or referenced in this Final Order, the
hearings officer hereby approves MLP 98-0007, CUP 98-0002 and VAR 98-0005 and 98-
0006) subject to the conditions of approval in the Staff Report with the following changes:
A. Condition of approval 6.D is hereby added to read as follows:
D. If the applicant does not offer or the City does not accept an offer to dedicate
the wetland and buffer tract or a maintenance easement over that tract,the
applicant shall submit to the City for review and approval articles of
incorporation and bylaws of a homeowners association which shall provide
that the homeowners association shall own and continuously maintain the
wetland and buffer tract in good condition; that association members and other
members of the general public shall not enter into or remove healthy vegetation
from the tract except as needed for maintenance purposes; and that the
association members shall maintain the flow of the water through the tract or
shall cooperate with USA or the City of Tigard for that purpose.
B. Condition of approval 10 is hereby amended to read as follows:
10. Prior to undertaking any development on the site or the issuance of grading
permits for either parcel, the applicant shall submit an erosion control plan to
and receive approval of an appropriate plan from the USA. Such plan shall
provide for timely soil stabilization of any area from which vegetation is
removed and shall result in timely revegetation of all disturbed areas that are
not developed with structures or impervious surfaces. Prior to issuance of
building permits for either parcel, the applicant shall pay the standard water
quality fee per lot(fee amount will be the latest approved by USA).
TE this 22nd July, 1998.
Larry E stei A
City of ' d H rings Officer
Hearings O�cer Fina!Order
MLP 98-0007/CUP 98-0002/VAR 98-0005 and -0006 (Wildflower) Page 4
, Agenda item: 2.1
Hearing Date: July 13, 1998 7:00 PM
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.
STAFF REPORT TO TNE � ��
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HEARING'S OFfICER
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FOR THE CITY�F TIGARD,OREGON ��m nun����GA�°�r�nt
Sft<z in �Bet�rConzmurtii `'"
120 DAYS = 9/17/98
SECTION I. APPLICATION SUMMARY
FILE NAME: WILDFLOWER PROPERTIES TOWNHOMES
CASES: Conditional Use Permit CUP 98-0002
Minor Land Partition MLP 98-0007
Variances VAR 98-0005
VAR 98-0006
PROPOSAL: The applicant has requested Conditional Use Permit approval to
develop two (2) attached dwelling units. The applicant has requested a
related Minor Land Partition to divide one (1) parcel of approximately
27,442 square feet into two (2) parcels of 5,603 and 5,605 square feet
and an additional wetlands Tract A of 16,287 square feet respectively.
The applicant has also requested approval of Variances to the 7,500
square foot minimum lot size and the 20-foot rear yard setback
standards.
APPLICANT: Wildflower Properties OWNER: City of Tigard
15491 SW Peachtree Drive 13125 SW Hall Boulevard
Tigard, OR 97224 Tigard, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre.
ZONING
DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. The R-4.5 Zoning District
permits the establishment of sites for single-family, attached and
detached units for Low Density Residential development.
LOCATION: 9510 SW McDonald Street; WCTM 2S111 BA, Tax Lot 00103.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.88, 18.96,
18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.134, 18.150,
18.162 and 18.164.
SECTION II. STAFF RECOMMENDATION
The Planning Division recommends that the Hearing's Officer APPROVE the above request
subject to Conditions of Approval.�The findings and conclusions on which the
recommendation is based are noted in Section iV of this report.
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02JMLP 98-07NAR 98-05&06-WILDFLOWER PROPERTIES TOW NHOMES PAGE 1 OF 12
CONDITIONS OF APPROVAL �
PRIOR TO RECORDING THE FINAL PLAT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff
contact shall be Brian Rager in the Engineering Department at 503-639-4171.
1. Prior to approval of the final plat, a Street Opening Permit will be required for this
project to cover the sidewalk and driveway on SW McDonald Street and the sanitary
sewer tap. The applicant will need to submit five (5) copies of a proposed public
improvement plan for review and approval. NOTE: these plans are in addition to any
drawings required by the Building Division and should only include information
relevant to the public improvements.
2. As a part of the public improvement plan submittal, the Engineering Department shall
be provided with the name, address and telephone number of the individual or
corporate entity who will be responsible for executing the compliance agreement (if
one is required) and providing the financial assurance for the public improvements.
3. The applicant shall construct the following frontage improvements as a part of this
project:
A. Five-foot concrete sidewalk; and
B. Driveway apron.
4. The final plat shall contain a joint ingress/egress easement to cover the shared
driveway for the 2 parcels. A note shall also be shown on the plat explaining the
maintenance responsibilities for that easement area.
5. The applicant shall either place the existing overhead utility lines along SW McDonald
Street underground as a part of this project, or they shall pay the fee in-lieu of
undergrounding. The fee shall be calculated by the frontage of the site that is parallel
to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the
amount will be $5,500. and it shall be paid prior to approval of the final plat.
6. Final Plat Application Submission Requirements:
A. Submit for City review 3 paper copies of the partition plat prepared by a land
surveyor licensed to practice in Oregon and necessary data or narrative;
B. The partition plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington
County and by the City of Tigard; and
C. Once the City and County have reviewed the plat, submit 2 mylar copies of the
partition plat for City Engineer's signature.
7. The applicant shall indicate the street tree species to be provided that complies with
street tree spacing standards and post a cash deposit to ensure their planting.
STAFF CONTACT : Mark Roberts, Planning Division.
7/13/98 HEARINGS OFFlCER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05&06-WILDFLOWER PROPERTIES TOWNHOMES PAGE 2 OF 12
• 8. It does not appear that trees will need to be removed as part of this development.
However, the applicant shall provide a plan indicating the locations and sizes of trees
• on site and a mitigation plan for any trees over 12 inches in diameter that will need to
be removed including a protection/treatment plan during site construction for healthy
trees to be preserved in accordance with Section 18.150. STAFF C�NTACT: Mark
Roberts, Planning Division.
PRIOR TO ISSUANCE OF BUILDING PERMITS, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
9. Prior to issuance of building permits, the applicant shall provide the Engineering
Department with a recorded mylar copy of the subdivision/partition plat.
10. Prior to issuance of the building permits for either parcel, the applicant shall pay the
standard water quality fee per lot (fee amount will be the latest approved by USA).
PRIOR TO ISSUANCE OF �CCUPANCY PERMITS, THE FOLLOWING
CONDITION SHALL BE SATISFIED:
11. The applicant shall plant street trees prior to final Certificate of Occupancy on each
new residence.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Historv:
The subject property is presently undeveloped. The site has approximately a 15% slope
in a southerty direction from SW McDonald Street. Much of the site frontage on SW
McDonald Street appears to be overgrown with berry bushes. Down the slope away from
SW McDonald Street, the site contains trees and a wetlands/drainage area. On the north
side of SW McDonald Street, the site is adjoined be detached single-family residences.
To the south and west, the property is adjoined by detached single-family residences.
The portion of the property immediately to the east along SW McDonald Street was
previously used as the Unified Sewerage Agency Pump Station. The southem portion of
the parcel to the east is developed with a detached single-family residence.
Site Information and Proposal Description:
The applicant has requested Conditional Use Permit approval to develop 2 attached
dwelling units and approval of a related Minor Land Partition to divide 1 parcel of
approximately 27,442 square feet into 2 parcels of 5,603 and 5,605 square feet and an
additional wetlands `Tract A" of 16,287 square feet respectively. The applicant has also
requested approval of Variances to the 7,500 square foot minimum lot size and the 20-foot
rear yard setback standards.
7/13/98 HEARINGS OFFlCER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05&06-WILDFLOWEF PROPERTIES TOWNHOMES PAGE 3 OF 12
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS �
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: �
Impact Studv: Section 18.32.050 states the applicant shall either specifically concur
with a requirement for public right-of-way dedication, or provide evidence that
supports that the real property dedication requirement is not roughly proportional to
the projected impacts of the development. Alternatively, an applicant may
specifically concur with the requirement for dedication of right-of-way to the public
and waive the impact study analysis by dedicating the right-of-way and completion
of a waiver statement. With the narrative accompanying this application, the applicant
stated that no impact study was necessary because no right-of-way dedication would be
required.
Any required street improvements to certain collector or higher volume streets and the
Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at
the time of development. Based on a transportation impact study prepared by David
Larson for the A-Boy Expansion/Dolan II (Resolution 95-61), TIF's are expected to
recapture 32% of the traffic impact of new development on the Collector and Arterial
Street system. Presently, the TIF for each trip that is generated is $189. The total TIF for
a single-family dwelling unit is $1,890.
Upon completion of this development, the future builders of the residences will be required
to pay TIF's of approximately $3,780 ($1,890 x 2 dwelling units), assuming single-family
residences and not duplexes are developed. Based on the estimate that total TIF fees
cover 32% of the impact on major street improvements citywide, a fee that would cover
100% of the project traffic impact on major streets is $11,340 ($5,670 x 2 dwelling units).
� By subtracting the traffic impact fee ($3,780) and the sidewalk cost (200.2 feet of frontage
x $25 per lineal foot ($5,005) from the estimated total project impact, the total unmitigated
impact of this development is estimated to be $2,550. For this reason, the recommended
Conditions of Approval for sidewalk improvements on the property frontage on SW
McDonald Street have less monetary value than the impact of the development and,
therefore, meet the rough proportionality test.
Conditional Use Permit: Section 18.130.040 contains approval criteria for a
Conditionally Permitted Use. The applicant has proposed to develop 2 attached dwelling
units. Attached single-family residences require approval of a Conditional Use Permit within
the R-4.5 Zoning District subject to the following standards:
The site size and dimensions provide:
❖ Adequate area for the needs of the proposed use; and
❖ Adequate area for aesthetic design treatment to mitigate possible adverse
effects from the use on surrounding properties and uses.
The site complies with the dimensional criteria for development of attached single-family
dwellings except for development standards that are the subject of the proposed variances
and are reviewed in detail in this report. The building footprint as proposed would be similar
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05&O6-WILDFIOWER PROPENTIES TOWNHOMES PAGE 4 OF 12
. in size and design as adjoining single-family detached residential dwellings. Although no
building elevations were provided, various architectural plans can be compatible with the
- adjoining neighborhood because no predominant architectural theme has been utilized
throughout this area.
The characteristics of the site are suitable for the proposed use considering size,
shape, location, topography, and natural features. The applicant does not appear to
have proposed more grading than necessary given the existing topography. The plan as
proposed protects wetlands' areas within an open space tract area. The proposed project
density is consistent with underlying zoning standards as is reviewed elsewhere within this
report.
All required public facilities have adequate capacity to serve the proposal. Public
facilities are available or can be made available to serve this site, as has been reviewed
elsewhere under the Engineering Department's review of this application.
The applicable requirements of the zoning district are met except as modified by this
chapter. The applicable requirements have been addressed elsewhere within this report.
The supplementary requirements set forth in Section 18.114 (Signs) and Section
18.120.180 Site Development Review are met. The criteria contained within Sections
18.114 (Signage) and 18.120 (Site Development Review) are deemed to be inapplicable
because this development is not a commercial or multiple-family residential project.
The use will comply with the applicable policies of the Comprehensive Plan. The
City's Comprehensive Plan is acknowledged. The applicable implementing Development
Code standards are reviewed within this report.
Section 18.130.150 (C)(31) provides development standards for the development of an
attached dwelling unit. Sections (a-c) require that a minimum of 7,500 square feet be
provided for an attached single-family dwelling unit, a front yard setback of 20 feet is
required, on corner lots and through lots the minimum setback shall be 20 feet, the
side yard setback is 10 feet and the rear yard setback is 20 feet. Because the applicant
has requested a Variance to the minimum lot size standard, the applicant has not proposed
to comply with the 7,500 square foot minimum lot size. The applicable density standards
have been reviewed elsewhere within this report. The applicant proposes to comply with the
20-foot front yard setback and the exterior 10-foot side yard setbacks. The interior side yard
setback would not apply because the applicant has proposed attached units. This property
is not a comer or"through IoY' so the related 20-foot setback standard is not applicable.
The proposed attached dwelling units comply with the setback standards as proposed
except for the rear yard setback to the south towards the proposed wetland's tract which is
proposed to be provided with a 79/�-foot setback instead of the required 20-foot rear yard
setback.
Variance: Section 18.134.050 allows the Director to approve, or approve with
conditions, a request for a variance. The applicant has requested variances to the
7,500 square foot minimum lot size and the 20-foot rear yard setback standards of the
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-0?JMLP 98-07NAR 98-05 3 O6-WILDFLOWER PROPERTIES TOWNHOMES PAGE 5 OF 12
R-4.5 Zoning District. In order to approve a Variance an application must be found to
comply with the following findings:
The proposed variance will not be materially detrimental to the purposes of this title,
be in conflict with the policies of the Comprehensive Plan, to any other applicable
policies and standards, and to any other properties in the same zoning district or
vicinity. The Comprehensive Plan is implemented by the adopted Community
Development Code. The applicable Development Code standards have been reviewed
within this report. The overall size of the property is 27,442 square feet. The proposed
wetland's tract and related buffer area would be approximately 16,287 feet leaving a small,
shallow buildable area along SW McDonald Street. Although the building sites as proposed
would not comply with the minimum lot size standard, the overall project density would not
exceed that allowed for the R-4.5 Zoning District as is reviewed elsewhere within this report.
The applicant also requested a Variance to the rear yard setback standard to reduce this
setback to 71h feet. The applicant stated that the applicable setback standard requires a
15-foot minimum setback. The Conditional Use Permit standards supersede the R-4.5
Zoning District standards and requires a 20-foot setback. After creating a separate wetlands
and buffer tract and complying with the full 20-foot front yard and 20-foot rear yard setbacks,
the site is left with a buildable lot depth of approximately 12'h feet which is not a sufficient
area to develop a dwelling unit.
There are special circumstances that exist which are peculiar to the lot size, shape,
topography or other circumstances over which the applicant has no control, and
which are not applicable to other properties in the same zoning district; The property
is heavily impacted by current wetland's protection requirements. Strict compliance with the
applicable standards would mean that the applicant could likely develop the property but
wetlands' areas would not be provided with the added protection of being placed within a
separate tract as is required by Unified Sewerage Agency standards during the development
review of a Minor Land Partition. This standard is applicable to other properties within the
zoning district but would not always impact other properties to the degree in which this site is
impacted.
The use proposed will be the same as permitted under this title and City standards
will be maintained to the greatest extent that is reasonably possible while permitting
some economic use of the land. The lot size variance would allow relief from compliance
with the minimum lot size due to site constraints discussed previously while not allowing
more density than is permitted within the R-4.5 Zoning District.
A variance to the setback requirements would provide the applicant with limited relief from
the rear yard setback standard in order to provide a larger, adequate sized building envelope
area of approximately 25 feet in depth.
Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land forms or parks will not be adversely affected any more than would
occur if the development were located as specified by this title. Due to the limited
nature of the request, neither variance affects the aforementioned, larger area natural or
physical systems.
7/1358 HEARINGS OFFICER STAFF RPT. CUP98-0?/MlP 98-07NAR 98-05&O6-WILDFLOWER PROPERTIES TOWNHOMES PAGE 6 OF 12
.� The hardship is not self imposed and the variance requested is the minimum variance
which would alleviate the hardship. The hardship is due to the location of existing
• wetlands on the property, the size of remaining property and the Unified Sewerage Agency
requirement that the wetlands and an adjoining 25-foot buffer setback be placed within a
separate designated tract area. For these reasons, the proposed variances are the
minimum necessary to alleviate the hardship.
Minor Land Partition - Approval Standards: Section 18.162.040 contains the following
general approval criteria for a Minor Land Partition:
The proposal conforms with the City's Comprehensive Plan; The proposed lot size and
type of development conform with the type of density range allowed by the Comprehensive
Plan. The applicable development standards that implement the Comprehensive Plan
designation for this property are reviewed elsewhere within this report.
The proposed partition complies with all statutory and ordinance requirements and
regulations; Each of the proposed parcels would not exceed the 7,500 square foot
minimum required for attached single-family detached residences. The applicant has
requested a variance to this standard which is addressed elsewhere. The proposed parcels
would exceed the 50-foot average width requirement for single-family residences as required
by Section 18.50.
The development, as proposed, does not exceed the maximum residential density allowed
under Section 18.92 for a site with a gross size of 27,442 square feet. No additional public
right-of-way dedication is necessary on the SW McDonald Street frontage as discussed
within the Engineering Department review of this project. The total wetland's area within the
site is approximately 11,282 square feet. The site, therefore, has a net area of
approximately 16,161 square feet. By dividing the net area by the 7,500 square foot
minimum lot size, this site yields the opportunity to develop up to 2 dwelling units. The
applicant has proposed to develop 2 dwelling units, in compliance with this standard.
Because the site has more than 100 feet of frontage on SW McDonald Street, Section
18.100 requires the planting of street trees. The applicant provided a street tree planting
plan indicating 4 street trees were to be planted. The applicant shall indicate the species
type and post a cash deposit to ensure planting prior to recording the partition plat. The
street trees shall be planted prior to final Certificate of Occupancy on each new residence.
As proposed, neither parcel would comply with the Basic Solar Access requirements
because the north to south lot dimension of these parcels would not exceed 90 feet in
length. Due to topography, environmental constraints and impacts to project density, it is
recommended that these properties be exempted from compliance with the Solar Balance
Point standard as allowed under Section 18.88.040(E).
The applicant would maintain a minimum of a 50-foot setback from the centerline of SW
McDonald Street in compliance with the 30-foot setback required within Section 18.96. The
applicant has not proposed to construct new property improvements within the proposed
clear vision areas next to driveways in compliance with Section 18.102. Prior to the
issuance of Building Permits, the applicant will be required to demonstrate that each site will
have a minimum of 2 off-street parking spaces in compliance with Section 18.106. The
7/13KJ8 HEARINGS OFFICEF STAFF RPT. CUP98-02/MLP 98-07NAR 98-05&06-WILDFLOWER PROPERTIES TOWNHOMES PAGE 7 OF 12
applicant inadvertently neglected to indicate the location of trees on site. It does not appear -
that trees will need to be removed as part of this development. However, the applicant shall
provide a plan indicating the locations and sizes of trees on site and a mitigation plan for any �
trees over 12 inches in diameter that will need to be removed including a
protection/treatment plan during site construction for healthy trees to be preserved in
accordance with Section 18.150. Upon completion of the appeal period, the development
will have complied with the statutory requirements of the City of Tigard for initial
development review approval.
Adequate public facilities are available to serve the proposal; Adequate public facilities
are available or have been required to be provided to serve this site, as set forth in Sections
18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain). These
requirements are reviewed by the Engineering Department elsewhere within this report.
All proposed lots conform to the size and dimensional requirements of this title; and
The applicant has requested a variance to the minimum lot size which is reviewed elsewhere
within this report. The new parcels do not exceed a 29/�-to-1, width to depth ratio. The 50-
foot average width requirement is also met by these parcels. For these reasons, the
proposed parcel configurations conform with size and dimensional requirements of the R-4.5
Zoning District.
All proposed improvements meet City and applicable agency standards (Ord. 89-06;
Ord. 83-52). As proposed, the improvements will comply with City and applicable agency
standards within this report and as reviewed through the Building Perrnit Plan Check
process.
Section 18.162.050 contains the following special provisions for lots created through
the Partition Process:
Lot Width: The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district; No specific Lot Width standards applies to
attached dwelling units within the R-4.5 zoning district. Based on the dimensions of the
remaining area, each site would have substantial frontage on SW McDonald Street.
Lot Area: The lot area shall be as required by the applicable zoning district. In the
case of a flag lot, the accessway may not be included in the lot area calculation; The
applicant has proposed a variance to the 7,500 square foot minimum lot size for properties
zoned R-4.5 which is discussed elsewhere within this report.
Lot Frontaqe: Each lot created through the partition process shall front a public right-
of-way by at least 15 feet or have a legally recorded minimum 15-foot-wide access
easement; The newly created parcels would have a minimum of 89 feet of direct frontage
on a public street, in compliance with the lot front standard.
Setbacks: Setbacks shall be as required by the applicable zoning district; The
applicant has also proposed a variance to the 20-foot rear yard setback standard of attached
dwelling units within the R-4.5 Zoning District. This variance is discussed elsewhere within
this report. Other applicable standards for setbacks and clear vision requirements will be
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05 8 06-WILDFLOWER PROPERTIES TOWNHOMES PAGE 8 OF 12
. reviewed for new structures prior to the issuance of Building Permits, in satisfaction with the
setback Criteria.
Front Yard Determination for Flaq Lot: When the partitioned lot is a flag lot, the
developer may determine the location of the front yard, provided that no side yard is
less than 10 feet. Structures shall generally be located so as to maximize separation
from existing structures; This Criterion has been addressed. Lots 2 and 3, as proposed,
do not meet the definition of a flag lot because each parcel will have direct frontage to SW
McDonald Street. Because SW McDonald Street is designated as a Major Collector Street,
direct individual access is discouraged from each new proposed development site.
Screeninq on Flaq Lots: A screen shall be provided along the property line of a lot of
record where the paved drive in an accessway is located within ten feet of an abutting
lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be
required to maintain privacy for abutting lots and to provide usable outdoor recreation
areas for proposed development; Because neither parcels meet the definition of a flag
lot, a driveway screening plan is not applicable to this request as required in this Criteria.
Fire Protection: The fire district may require the installation of a fire hydrant where
the length of an accessway would have a detrimental effect on fire fighting
capabilities; Through the Building Perrnit Review, fire hydrants shall be consistent with
Uniform Fire Code standards, thereby, satisfying this Criteria.
Reciprocal Easements: Where a common drive is to be provided to serve more than
one lot, a reciprocal easement that will ensure access and maintenance rights shall
be recorded with the approved partition map; This Criteria that requires a reciprocal
access and maintenance agreement is applicable to this request because each parcel would
have direct frontage to SW McDonald Street. A Condition of Approval has been
recommended that would require the creation of a joint access easement.
Accesswav: Any accessway shall comply with the standards set forth in Chapter
18.108, Access, Egress, and Circulation; and This Criteria will be satisfied through the
future construction of a minimum of a 10-foot-wide paved driveway to serve each new
building site. Compliance with this standard is determined through the Building Permit
Review Process.
Floodplain: Where landfill and/or development is allowed within or adjacent to the
one-hundred-year floodplain, the City shall require the dedication of sufficient open
land area for greenway adjoining a�d within the floodplain. This area shall include
portions at a suitable elevation for the construction of a pedestrian and or bicycle
pathway with the floodplain in accordance with the adopted pedestrian and or bicycle
pathway plan. This Criteria has been met because the property is not located within the
100-year flood plain or in areas with slopes exceeding 25%. Because the site does not
adjoin the 100-year flood plain, dedication of areas for pathway purposes is not applicable.
Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future
street plan shall be filed which shows the pattern of existing and proposed future
streets from the boundaries of the proposed land division. This section also states
that where it is necessary to give access or permit a satisfactory future division of
7/13/98 HEARINGS OFFlCER STAFF RPT. CUP98-0?ANLP 98-07NAR 98-05 8,O6-WILDFLOWER PROPERTIES TOWNHOMES PAGE 9 OF 12
adjoining land, streets shall be extended to the boundary lines of the tract to be �
developed and a barricade shall be constructed at the end of the street. Street stubs
to adjoining properties are not considered to be cul-de-sac since they are intended to •
continue as through streets at such time as the adjoining property is developed. Due
to the location of property and potential development in this area requirement of a Local
Street that would extend to the south in this area was considered. An alignment along the
easterly property line of the subject parcel was considered as the most likely potential
alignment. Based on development constraints primarily related to environmental constraints
and the location of existing single-family residences to the south of this site a future
extension is precluded.
Street Aliqnment and Connections: Section 18.164.030(G) requires all local streets
that abut a development site shall be extended within the site to provide through
circulation when not precluded b� environmental or topographical constraints,
existing development patterns or strict adherence to other standards in this code. A
street connection or extension is precluded when it is not possible to redesign, or
reconfigure the street pattern to provide required extensions. In the case of
environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant rriust show
why the constraint precludes some reasonable street connection. The proposed
extension of a Local Street from SW McDonald Street to the south is precluded due to the
locating of existing homes to the south. Properties to the south, southwest and southeast
are developed with detached single-family residences.
PUBLIC FACILITY CONCERNS:
Section's 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm
Drains) shall be satisfied. Development ode provisions related to Storm Water
Gluantity, Storm Water Quality, Existing Utility Line Undergrounding, Water Service,
Grading, Erosion Control and Site Permits are also addressed below:
STREETS:
This site lies adjacent to the south side of SW McDonald Street, which is classified as a
major collector street on the City's Transportation Plan Map. This roadway is required to
have a right-of-way of between 60 and 80 feet. At present, the ROW width is
approximately 30 feet from centerline. The street has also been improved adjacent to this
site, except for sidewalk. There is adequate ROW there now for the sidewalk to eventually
be placed, so it appears additional dedications are not necessary.
The applicant should be required to construct a concrete sidewalk across the frontage of
this site as a part of the improvements needed to support the residential structures. There
is existing sidewalk immediately west of this site that will allow for a logical connection.
The sidewalk can be constructed by the applicant at the same time the proposed driveway
is constructed.
The applicant is proposing to construct one driveway to serve the two units, which is
acceptable to Staff. No more than one driveway should be allowed on this site to reduce
the total number of driveways on the major collector. Staff was concemed about the
difficulty vehicles may have if attempting to back out of the driveway into McDonald Street.
To alleviate this concern, the applicant has proposed to construct turn-around areas for
each side of the driveway so vehicles exiting the two units can safely turn around and putl
out onto the street. The applicant's proposed plan appears to be adequate.
WATER:
This site can be served from the City's public water line located in SW McDonald Street.
The applicant will need to apply for water services from the City when building permits are
requested.
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02TALP 98-07NAR 98-05&06-WILDFLOW ER PROPERTIES TOW NHOMES PAGE 10 OF 12
,' SANITARY SEWER:
There is an existing 8-inch public sanitary sewer line which abuts the south and east
_ boundary of this site. There is an existing sewer service line provided to this site from the
portion of the public line adjacent to the east boundary line. The applicant is proposing to
extend one additional service line from the same public line to serve the westem parcel. A
private sanitary sewer easement will be necessary across the eastem parcel; this
easement shall be shown on the face of the final plat.
STORM DRAINAGE:
There is a tributary to Fanno Creek that flows across the southern portion of this site. The
storm water from the two units can easily be discharged into that drainage area.
STORM WATER QUALITY:
The City has agreed to enforce Surface Water Management (SWM) regulations
established by the Unified Sewerage Agency (USA) Design and Construction Standards
(adopted by Resolution and Order No. 96-44) which require the construction of on-site
water quality facilities. However, the USA standards include a provision that would
exclude small projects such as residential land partitions. It would be impractical to
require an on-site water quality facility to accommodate treatment of the storm water from
the two parcels. Rather, the USA standards provide that applicants should pay a fee in-
lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee
in-lieu on this application.
GRADINC AND EROSION CONTROL:
USA Design and Construction Standards also regulates erosion control to reduce the
amount of sediment and other pollutants reaching the public storm and surface water
system resulting from development, construction, grading, excavating, clearing, and any
other activity which accelerates erosion. Per USA regulations, the applicant is required to
submit an erosion control plan for City review and approval prior to issuance of City
permits.
EXISTING OVERHEAD UTILITY LINES:
There are existing overhead utility lines along SW McDonald Street adjacent to this site.
Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a
development to be placed underground or, at the election of the developer, a fee in-lieu of
undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal
foot of street frontage that contains the overhead lines. The frontage along this site is 200
lineal feet; therefore the fee would be $5,500.
SECTION V. OTHER STAFF COMMENTS
The Building Division reviewed this application and had the following comments: The
proposed storm drainage and sanitary sewer piping requires a plumbing permit.
The Water Department reviewed this application and had the following comments: All
portions of each building must be within 500 feet of a fire hydrant.
No other staff comments or objections have been received.
7/13/98 HEANINGS OFFICER STAFF RPT. CUP98-02/MLP 98-07NAR 98-05 8 06-W ILDFLOW ER PROPERTIES TOW NHOMES PAGE 11 OF 12
SECTION VI. AGENCY COMMENTS �-
The Unified Sewerage Agency (USA) reviewed this proposal and provided the -
following comments:
Sanitary Sewer:
Each lot within the development shall be provided with a means of disposal for sanitary
sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewage
Agency's Construction Design Standards, July 1996 edition). Engineer should verify that
public sanitary sewer is available to up-hill adjacent properties or extend service as
required by R&O 96-44.
Storm Sewer:
Each lot within the development should have access to public storm sewer. Engineer
should verify that public storm sewer is available to up-hill adjacent properties, or extend
storm service as required by R&O 96-44. Hydraulic and hydrologic analysis of storm
conveyance system is necessary. If downstream conveyance does not have capacity to
convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for
mitigating the flow.
Water Qualitv:
Water quality needs to be addressed for this partition.
Sensitive Area:
A "Sensitive Area" exists. The developer must preserve a 25-foot corridor as described in
R&O 96-44 separating the sensitive area from the impact of development. The
creek/wetland sensitive area shall be identified on the plans.
No other agency comments or objections have been received.
Julv 6, 1998
PREPARED BY: Mark Roberts DATE
Associate Planner, AICP
.�. July 6, 1998
APPROVED BY: Richard wersdorff DATE
Planning Manager
I:\CURPLNVvIARK R\CUP98-02.DEC
7/13/98 HEARINGS OFFICER STAFF RPT. CUP98-02�MLP 98-07NAR 98-05 3 O6-W ILDFLOWER PROPERTIES TOW NHOMES PAGE 12 OF 12
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�9265 SW MC DONALD STREET 14110 SW 97TH AVENUE
TIGARD OR 97223 TIGARD OR 97224
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WILDFLOWER PROPERTIES REID MYERS
15491 SW PEACHTREE DRIVE 14090 SW 97TH AVENUE
TIGARD OR 97224 TIGARD OR 97224
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LAND PARTITION APPLICATION -
?3725 SW Hall 91vd., Tigard, OR 97223(503) 639-4171 FAX.� (503) 684-7297
CRY Of 110ARD
GENERAL INFORMATION PRE-APP.HELD WtTH: ✓� �
DATE OF PRE-APP.:
Property Addr�ss/Locatio�(s): ��/D �_P_1 �,
�LG UD�t1 i4L F7 _ TI�O DA-OZ,�_. FOR STAFF US�ONLY
Tax Map 8 Tax Lot#(s): G �P ��"d 4� �--
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Other Case No.is):_�_,
Pr+opsrty OwneNDeed Holder(s)':_ ect'� � P T7GA�� Receipt No � - ��'=��1E�a ���
Aad�ss: «�z 5"S.u�. ��c� Pnor,e:� 3� ��l�-i n���a�on�pted sy��g�� _�� _
City: `irl h /�f1-D Zp: .,lt' 1''"2 2 3 Date: �"� �l�
^PP� p�1rS��f�tar,�t�i2 e���0�i�-f'lE� , I ar-� �.:.
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Date Detemun To Compl 4e
�: /��< S.�. ,4�4ce��r�: SR o -�i o� ;;� .;� ��� , . :
D� � ��`� >'�f�
City: "n(�/�/1-n 0/� Zip: %�'"L Z S� Comp PIaNZon , . x:
e Designation:
Low �.��` �2 �� .� �2--y�.
'When the owner and the applicant are different people, the appl"�cant .
must be tt�e purchaser of record or a lessee in possession with written CIT Area: �� �.� _
autho�atian from the owner or an agent of the owner with written Recording Date and Number; -
authorizadon. The owner(s) must sign this application in the space �
provided on the back of this fonn or submit a wriCen authorization with
this application. _ H.+�.er�s r�ar�r,�v�,c�-���;:
PROPOSAL SUMMARY
The owners of record of the subject property request permission to
allow a Land Partition to:
REQUIRED SUBMITTAL ELEMENTS
divide into �
tota!area) (#of parcels)
S�PO 3� � Ap ication Elements Submitted:
containing and ?i0� �
(sq. . or acres) (sq. R or acres) Application Form �-�
�ners Signature/Written Au�c�ri�a� �
�T7'��t3 �.�� ndvaL �-��_'� �.j„� Title Transfer Instrument o�beed G �
(provide any additional�nfortnaaon here) �
�- r� �r-z.-r�a>n rl�o�c�'` �!
� (�//SitelPlot Plan
� � (#o�pies based on pro-aPP����iisi) /�
t�le�b
(�Site1 Iot Ptan (reduced 8'/:'X �i 1�') ��
ApplicanYs Statement �
(�of capies based on prc-aPP���) �- -��
���Filing Fee 5780.00 ����
1 �
��,g�S;
List any VARIANCE OR OTHER LAND USE ACTIONS to be constdered as part of this applkadon:
,/��� r��� ��2 �� �r��r�� � �� t,�.,/ �o�-
'�'a�t� I/�e�r.'�" �/2- 1�64� S�t`f�D4CK `� 7Z. .S` /
I APPLlCANTS:
li To coasid�� an app(icatlon compl�te, you wiU need to submit ALL of the REQUIRED SIJBMITTAL ELEMEM'S sa
',describ�d o�th�front oi this applicatlon in th�"R�quirod Submitt�l Elements"box.
(Oetailed Subrttittal Requirement Informa6on sheets can be obtained, upon reques�br aU rypes of Land Use Appt'�cations.)
THE APPUCAKT(S)SHALL CERTIFY THAT:
. The above reauest does not violate any deed restrictions that mav be attached to or imnosed ucon tfie subiect
F�4i�4�4
• tf the appGcation is granh:d�the appGcant w�l exercise the rights gran�d in aaordance wit�the tertns and subject b ap
tt�e condtlons and I'imib0ons af the approval.
• AU of the above statements and the statements in the pbt plan.atbchments, and exhibits transmitted herewith, are true;
and the appC�cants so acknowledge that am pertnit issued. based o� this appGcation, may be revoked if�is found that
att�/st�staternents arB false.
• The appGcant has read the entire contents of tt�e appl'�cation, induding tt�e poliaes and aifleria, and understands the
requirements fior approving or denying the appticaGon.
StGNATURES of g�owner ot the subject property.
DATED tt�is 2� day of �t .��/ L-- _ 19 C
,� � J�I�p�C�C�'r�'S F � �
Ovme�s Signature Owners Signature
Ovmers Signaturs Ovme�s Signature
2
CITY OF TIGARD
Communitr�Dez�eCopment
5/i�i �i�{q:� 'fiettf�r('ommivrity
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 9/11/98
FILE NO(S): CONDITIONAL USE PERMIT[CUPI 98-0002
MINOR LAND PARTITION [MLPI 98-0001
VARIANCE NARI 98-0005&6
FILE TITLE: WILDFLOWER PROPERTIES TOWNNOMES
APPLICANT(S): Wildflower Properties, Inc. OWNER(S): City of Tigard
15491 SW Peachtree Drive 13125 SW Hall Boulevard
Tigard, OR 97224 Tigard, OR 97223
(503) 590-0107 (503) 639-4171
REQUEST: The applicant has requested approval of the following development applications
to allow the development of two (2) townhomes on two (2) lots:
1. Conditional Use Permit to develop attached residences;
2. Minor Land Partition to split the existing 27,495 square foot property into
two (2) parcels of 5,603 and 5,605 square feet and an additional tract for
existing wetland areas; and
3. Variances have been requested to the 7,500 square foot lot minimum
standard and to the 15-foot rear yard setbacks.
LOCATION: 9510 SW McDonald Street; WCTM 2S111 BA, Tax Lot 00103.
ZONE: R-4.5; Single-Family Residential, 4.5 Units Per Acre. The purpose of the R-4.5 zoning
district is to establish standard urban low density residential home sites.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.32, 18.50, 18.85, 18.96, 18.100, 18.102,
18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164.
CIT AREA: Citywide CIT FACILITATOR: List Available Upon Request
DECISION MAKING BODY: DATE COMMENTS DUE: MOIIdBy lune 15,1998
STAFF DECISION DATE OF DECISION: •
R HEARINGS OFFICER DATE OF HEARING: 7/13/98 TIME: 1:OOPM
PLANNING COMMISSION DATE OF HEARING: TIME: 1:30PM
CITY COUNCIL DATE OF HEARING: TIME: 1:30PM
COMPONENTS RELATED TO THE PR�JECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
VICINITY MAP LANDSCAPE PLAN NARRATIVE SITE PLAN TREE PLAN
ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER
STAFF CONTACT: Mark Roberts, Associate Planner (503) 639-4171 Ext. 317
CUP 98-0002/MLP 98-0007NAR 98-0005&6 WILDFLOWER PROPERTIES TOWNHOMES PROPOSAUREQUEST FOR COMMENTS
May 11, 1998
.x��-,
CITY OF TIGARD
Ron Bohart oRE�oN
Wildflowef Properties, Inc.
15491 SW Peachtree Lane
Tigard, �R 97224
Re: Notice of Incomplete Submittal Minor Land Partition 98-0007
Dear Mr. Bohart:
This letter is in response to the Minor Land Partition application you recently filed for the
property at 9510 SW McDonald Street. This application has been considered
incomplete. The following information and/or considerations should be incorporated
into a revised submittal to address the following issues:
1. As you pointed out in the appficanYs narrative, an application for a Conditional
Use Permit for a duplex could be made for this property instead of the proposed
single-family attached residential use type. However, if the application was
revised to propose a duplex, this would mean the proposed Minor Land Partition
application on file would be unnecessary as well as, the lot size Variance
application. I have raised this issue because noRnally the Hearing's Officer will
only approve a Variance when no feasible altemative exists.
If the property were developed with a duplex, a future Department of Real Estate
Condominium Map could be filed to create separate ownerships instead of using
a Minor Land Partition process. Because of this other option, if the Hearing's
officer denied the Iot size Variance, all of the other related applications would
effectively be denied also. We are willing to proceed with the application for
townhomes when the required additional information and fees have been
submitted. However, we want you to be sure to understand that the Hearing's
Officer may or may not approve your application regardless of what we
recommend given the possibility of other viable options. This is not to say that
your application is inappropriate only that you have the burden of proof with the
Hearing's OfFcer.
2. Revise the applicant's narrative to provide findings for the Variances, Section
18.134 of the Community Development Code. You will also need to pay fees for
each Variance. .
3. Revise the applicant's narrative to provide findings for the proposed Conditiona!
Use Permit, Section 18.130 of the Community Development Code. A Conditional
Use Permit is required in the R-4.5 Zoning District because you have proposed to
develop attached housing. You will also need to pay land use fees for the
Conditional Use Permit.
13125 SW Hall BNd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
Page 1 of 2
�
4. Because the Conditional Use Permit is the higher fee of the Variance, Minor Land
Partition and Conditional Use Permit group; therefore, the following fees apply:
A. If you proceed with the current four (4) application proposals the following
fees will apply:
1,615 CUP
156 MLP
109 VAR
109 VAR�2nd)
Sub total: $1,989
__ - 780 Previously Paid
$1,209 Amount Due
B. If you revise the application and procesd with a Conditional Use Permit
and a single Variance, the following fees apply:
$1,615 CUP
109 VAR
Sub total: $1,724
- 780 Previously Paid
$ 944 Amount Due
If you go with a revised application, the narrative will of course, need to be modified to
reflect a duplex application.
Please feei free to contact me concerning this information if you have any questions.
Sincerely, �
Mark Roberts
Associate Planner, AICP
i:\curpinUnarlc_rlwildflow.doc
c: land use file
5/11/98 Bohart, Wildflower Properties, Inc. Page 2 of 2
RE: MLP 98-0007 Letter of Incompleteness
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/t is so nice to ha ve you as a Cus tomer
Thank you for sendingr your transaction
to First American Tit/e
For your Escrow needs contact Linda McGettigan at
(503J24�8323
$ To discuss closing matters
$ For appointments to sign documents
$ To discuss personal debt pay-offs
For your Tit/e needs contact Edmund Sa/vati at (503J790-7867
$ To discuss the attached report
g To discuss the final title policy
$ To discuss the benefits of title insurance
We /ook forward to assisting you in
comp/e ting yo ur transa c tion
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4� 'y First �erican Title Insurance pany of �reg+nn
M ufumed busnsf dT1TLF INSUMNCE COMPANY Or EGON
� � 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512
s
(503)222-3fi51 • FAX (503)790-7865 or (503)790-7858
Preliminary Titie Report
June 1, 1996 ALTA Owners Stand.Cov. 535,000:00 Premium �160.00 B/R
ALTA Owners Ext.Cov. S Premium 3
ALTA Lenders Stand.Cov. S Premium 3
ALTA Lenders Ext.Cov. S Premium $
Order No. : 847535 tndorsement- 100, 116 8 8.1 Premium 3
cscrow No. : 98G5 i 497 Ocner Cost $
Re : City of Tigard/ Govt. Serv.Charge cos� 3 35.00
Wldflower Properties Inc A consolidated statement of all charges and advances in con-
nection with this order will be provided at closing.
First American Title Insurance Company af Oregon
10260 SW Greenburg Road
Suite 170
Portland, OR 97223
Attention: Linda McGettigan
Telephone No.: (503)244-8323
We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring
title to the following described land:
For legal description see Exhibit "A" attached hereto;
and as of May 28, 1998 at 8:00 a.m., title vested in:
THE CITY OF TIGARD, a political subdivision of the State of Oregon;
Subject to the exceptions, exclusions and stipulations which are ordinarily part of such Policy form and the
following:
1. Su�j�ct property is under public ownership and is tax exempt. Any change in ownership before delivery
of assessment roll may result in tax liability.
2. City Liens, rf any, of the City of Tigard.
Note: An inquiry has been directed to the City Clerk and subsequent advice will follow concerning the actual
status of such liens.
3. Statutory Powers and Assessments of Unified Sewerage Agency.
4. The rights of the public in and to that portion of the premises herein described lying within the limits of
roads, streets or highways.
5. Mining and water rights in patent
From : The United States
To ,: Joseph Grabel
Recorded : December 15, 1886 in Book X, page 136
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy
and shall become void unless a policy is issued,and the full premium paid.
� �
Page 2
Order Na 847535
6. An easement created by instrument, including the terms_and provisions thereof;
Recorded : December 7, 1981 as Fee No. 81040721
Favor of : City of Tigard
For : Underground sewer line
Affects : Northeast portion
7. The following matters pertain to Lenders Extended coverage only:
(a) Parties in possession, or claiming to be in possession, other than the vestees shown herein.
(b) Statutory liens for tabor and/or materials, including liens for contributions due to the State of Oregon
for employment compensation and for workman's compensation, or any rights thereto, where no notice of
such liens or rights appears of record.
NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon,
imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within
Washington County.
Certain conveyances may be exempt from said ordinance, in which case, Washington County will require
the filing of an affidavit of exemption. In either situation, the transfer tax must be paid �r an affidavit must
be filed.
NOTE: We find no judgments against WILDFLOWERS PROPERTY, INC..
FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON
EDMUND SALVATI
Title Examiner
(503) 790-7867
ES:cp
cc: City of Tigard
cc: Wildflowers Property, Inc.
cc: John L. Scott Real Estate
Attn: Linda Eaton
cc: Cash's Realty, Inc.
Attn: Gerald C. Cach
THANK YOU FOR CHOOSING FIRST AMERlCAIY T1TLE
We look forward to assis�ing you in al!of your title anci escrow n�eds
� � Order No. 847535
EXHIBIT "A"
The Easterty 200 feet of that portion of Lot 28, TIGARDVILLE HEIGHTS, in the City of Tigard, County of
Washington and 5tate of Oregon, described as follows:
Beginning at the Northwest comer of said Tract 28; thence East along the North line of said Tract 26, a
distance of 120 feet to the true poiM of beginning of the parcel herein described;.thence continuing along
said North Iine, 400.08 feet to the Northeast comer of said Tract 28; thence 5outh along the East line
thereof, 211.84 feet, more or less, to the Northeast comer of a tract described in Deed to Charles H.
Johnston, et wc, recorded in Book 432, page 787, Deed Records of said county; thence North 89°54' West
305 feet; thence South 1°19' West 40 feet; thence North 89°54' West 200 feet to an iron rod on the East
line of County Road No. 696; thence continuing North 89°54'West 20 feet to the West line of said Tract 28;
thence North along the West line of said Tract 28, a distance of 81.84 feet, mare or less, to the Sauthwest
comer of the tract described in Deed to Joan Laxton, recorded in Book 456, page 335, Deed Records;
thence East along the South line thereof, 120 feet to the Southeast comer thereof; thence North along the
East line thereof, 170 feet to the true point of beginning.
EXCEPT THEREFROM the South 21,84 feet as delineated as Parcel 111 in Bargain and Sale Deed recorded
February 17, 1984 as Recorder's Fee No. 84006425.
� .� .� „ � , � � �
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� � First America►r Title Insurance Company of Oregon
�—`—� L!�� SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY(10/17192)
The folbwing matlers are expressly ezckided hom tt�e coverage of thls poGcy and the Company will not pay loss a damage.costs.atlortieys'tees or e�enses wfi�ch artse b�reason of:
1. �a) My law.admarroe a govemmernal regulatan Undudmg but not IYmiled to building and zaurg Wws,ordmances,or regulatbns)restnctmg.regulatirg,proh�biting or relatmg to(i)the ocarpancy,
use,a er�o�m�ent of the land;(ii)me characler.�s or bcatan of any imprrnert�ern now a herealter ereded on the land;(iii)a separation m ormership a a change m the d�mensions a
area of the land or any paroel of wtrd�the tand a or was a part:or(rv)ermronmental prolec0on,or ttie effect ot any violation of these faws,ordmances w govemmenial regulaUOns,e:oept to the
e�ctent that a not�ce ot the enlor�nem mereof or a notice at a defect.Men a enwmbrance resutbng hom a vidatan a alieged valation ariecting the land has been recorded in the pubGC recwds
at Date o(Polwy.
(b) My gcwemmental police power not exduded Dy(a)above,except to the extent that a no0ce ot the exerase Mereot or a notice of a detecl,Yen a er�cumbrance resumng trom a valaUon
a alleged vqlation aflectrc�g the land has been recorded m the pud�c records at Date ot Pdwy.
2. Rghfs ot ertvient domain uMess nooce o1 the exercese thereol has been recorded m the pubMc records at Date o1 Policy,but not exduding from coverage any takmg which has occuned pnor to
Date of PdiCy wlwCh would be bdnd�rg on the nghts ot a purc�aser tor value wrttiout knowleAqe.
3. Dafects.hens.er�cumbrarxes.adverse daims or other maners
(a) createC,suffered,assumed w agreea to by me uiswed daimant:
(b) rat laqwn to the Company.not recorded m the pub6c records at Date ot Pohcy.but known to the msured Ga��rrwnt and no1 disebsed m wrihng to the Company by the msured claimarn pnor to the
date the msured dvmant became an msured uncer mis policy:
(c) resultmg n no bss or damage to the u�sured dam�ant
(dj attachrg or created wbsequent to Date of Pohcy lexcept to the extent that fh�s pohcy�nsures the pnortty ot the hen of the insured mortgage over any statutory lien tor semces.labor or matenal
or the extent msurance is afloraed herein as ro assessments for street improvemerns under oonsmuctan or compleled at Date ot Policy�:or
(e) resumrg m bss or damage wh�ch wouW not have been sustamed A ttie insured claimant had paid value for the msured rtronqage
4. Unenforceablrty o1 the I�en of the iruured mohgage because of the inabilhy or fallure of the insured at Date ol Pdicy,or ttie mabihty or fadure of any subsequenl owner o}Me�ndebteaness,to rArtiply
with appl�cable dang bus�ness laws ef tne state in wh�ch the land is snuated
5. Invalidrty or unenlorceabilAy of the I�en ot tne insured mortgage.a claim thereot.wh�ch anses out ot the transad�on ev�denced by the msured mortgage and�s based upon usury or any consumer
aedA protecbon or tMh m le�ding law
&. Any statutory nen lor semces.labor or ma�enais ior me 7aim ot pnomy ot any statutory hen for sernces,iaoor or mater�als over the hen of the insureo mortgage)ansmg trom an Improvemenl orwork
related�o the iand which is contreaetl ta ana commenced subsequern ro Date of Policy and is not hnanced m whole or in part by proceeds ot the mdebtedness secured by the insured rtqrtgage
wh�ch at Da�e of Pdicy the�nsured has advanceo or�s obl�gated to advance
7. My Ga�m,whrch anses oul of the transaaan creaung tne interesl of the mortgagee msured by this poiie,y.by reason of the operation of iederal bankruptcy.state msolvency,a s�milar credhors'ngMs
laws,that¢basetl on-
(i) the transadan aeaung the Imerest o1 tne msureC mortgagee bemq tleemed a haudu�ent conveyance a fraudulent vanster:or
(ii) the subordmauon of ine imerest ot the msu�ed mortga9ee as a resull of the apphcatron o1 the ooctnne ot equrtable subordinauon;or
(ai) t�e transaction creating the�rnerest of!he msurea mortgagee bemg oeemed a preterential transter except where the preferential transfer resufts hom the failure
la� to umery record me mstnxnent ot transter or
�b) ot wcn recordauon to impan nonce to a purcnaser tor vaiue or a�udgement or I�en crednor
ALTA OWNER'S POLICY(10!17!92)
The fdlo�wmg matlers are ezpressly ezawed hom the coverage of this pol�cy and the Company wdl not pay loss or aamage.costs.atlomeys'fees or ezpenses wh�cn anse by reason ot:
1 la1 Arry law.ordmance o•govemme!n.a�repulatron(�nc±uding b�h not hmned to�uilding and zomng laws,ordma�xs,or reguladons�restnctir�.regulahng,prohibihng Or relaLng to(i)the ocCUpancy,
use,a enpyment ot the land;(u�the ctiaracter.d�mens�ons or IocaLOn ot any improvement rqw or hereafler ereded on the land;(iii)a separat�on in ownership or a change m the dimensqns or
area ot the�arW or any parcel of wn�di tne�and�s o�was a part:or(iv�enwronmernal protection,or the eflect of any vrolatwn ot these Iaws ordmances or govemmental requlalions,except to the
exlent that a not�ce of the enfwcert�ent thereof or a not�ce of a detecl.I�en or encumbrance resutling from a wolauon or alleged v�olahon aftectmg the land has been recorded in the pubhc recads
at Date ot Pdicy.
(b) My governmental police power not excluded Dy lal above.except to the extent that a not�ce ot tfie ezercise thereot or a notice of a tleted.I�en or encumbrance resulting hom a violaQOn or
alleged v�Wahon aHectmg the wnd has been recoroed m me public records at Date ot Pol�cy
2 Rghts of emment domam unless noLce ot the exerese thereof has been recorded m the pubhc records at Da1e of Pohcy,but not excludmg from coverage any takmg which has occurred pnor ro
Date of Pdicy which would be bindmg on me nghts of a purchaser for value wdhout knowleclge
3. Detects,Bens.encumbrances,adverse Ga�ms or omer matters
(a) aeated.suflered.assumed or agreed 10 by ttie msured Ga�manr.
(b) not known to the Company,not recorded in the public records at Date ol Pohcy,but known to the msured daimanl and not disclosed m Mmling to the Company by the msured daimaM pnor lo
the date me insured claimant becart�e an msured under this pol�cy;
(c) resuttrcig u�no bss a damage to tne n�sured daimant,
(d) attach�rg or createtl subsepuent to Date of Polic,y.or
(e) resulnrg m bss or damage wfrch wou�d not have been sustamed A the msured claimam had paW value tor the estate or imerest insured by th�s pohcy.
4. My daim,which anses out ot the var�saWOn vesUrg m the:ncured the estate or interest insured by this pohcy,Dy reason ot the operation of federal bankruptcy.state�nsolvency,or similar aedhors
ngMs laws.tnat�s based on.
(i) the hansacroon aeating the esta�e a imerest msured by this po6cy being deemed a traudulent conveyance or fraudulent transfer,or
(ii) the transaction aeating the estate or imerest msured by mis poficy bemg deemed a preferential trenster except where the preferential transfer resuhs hom the failure
(a) to trcnety record the mstrument o1 transYer,or
(b) of sucn recortlation to impan nohce to a purchaser for value or a�udgemern or hen cred�tor
SCHEDULE OF STANDARD EXCEPTIONS
The ALTA standara policy lorm will contam in Schedwe 8 the td�owmg standa�d eacepbons lo coverage.
1. Taxes or assessmerns wh�ch are not shorm as ex�sUng I�ens by the records ol any ta�cing authonty that lev�es taues or assessments on real property or hy the public records;proceedmgs by a
puWic agene,y wh�ch may resu8 m taxes a assessmems.or not�ces of such proceedings.whether or not shown by the recorOs ol such agency or by the puW�c records.
2. My tacts,nghls.interests,or cla�ms wh�ch are noi shown by the pubhc records but which could be ascertained by an mspection o1 sald land or by making inquiry ot persons m possesswn thereot.
3 Easements,encumbrances,or cla�ms tt�eot,not shown by the public records,reservat�ons or ezceptions in palents or m acts authonzing the issuance thereot;water nghts.cla�ms or t�tle to water
4 Any lien,a rght to a 6en,tor serv�ces.laoor,or maienai heretofore or hereatter turnished,imposed by law and not shown by the pubbc recortls
5 Discrepancaes,conflids in boundary iines shortage in area encroachments.or any other tads which a correct survey would disclose
NOTE:A SPECIMEN COPY OF THE POLICY FOFiM(OR FORMS)WILL BE FURNISHED UPON REOUEST TI 149(t0'921
COIQECtED
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THIS MAP!S FURNISHED AS A CONVENIENCE IN LOCATING PROPERTY AND THE COMPANY
ASSUMFS NO �IABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY ACTUAL SURVEY
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1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512
(503) 222-3fi51
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, J/+' C N\7PfCC1VICIV 1 r�ivu f1GLrClr'1 rvn GM� •rLJ� �.�v�.�� •
� This is a 'y binding document. If not understood,seek com� :advice betore signing. z
F INAL AGENCY ACKNOWLEDGMENT: Seller and Buyer hereby acknowledge and consent to the following agency relationships in this iransaction: s
�,�_ Ge ra 1 d C . Cach (selling REALTOR")of Cash� S R 1 ty IriC. (selling REALTOR� firm) is the �
agent of (check one): Q� the Buyer exclusively("buyer agency"). ❑the Seller exclusively("subagency'). ❑ both the Seller and the Buyer('in- s
company transaction"). 6
� (2� Linda Eaton (IistingRtALTOR")of John L. SCOtt (IistingREALTOR� Firm) is the �
�Q
�o agent of(check one): �{the Seller exclusively. ❑ both the Seller and the Buyer('in-company transaction'). e
v=
o¢ Buyer shall sign this acknowledgment at the time of signing this agreement before submission to Seiler.Seller shall sign this acknowledgment at the 9
s � time this agreement is first submitted to seller,even if this agreement will be rejected or a counter-otfer will be made.Seller's signature to this Final �a
��, Agency Acknowledgm oni of he agreement shall not constitute acceptance of the agreement or any terms iherein. ��
C Q
" ° Buyer Signatur : Date: 3—1 6 , �g 9 8 �z
Date: , 19 �3
XSeller Signature Date:�, 19 �Y i�
Date: , 19 �s
The undersigned Buyer offers to purchase ihe lollowing described real property situated in the County of Was h i ng ton ,State oi Oregon �e
(legaldescnption): 2S111BA Tax lot 103 as per attached map (Exhibit "A" ) „
o and commonly known as(street address): 1e
n �o�cne purcnase pr�ce oi...Twenty._ Thou.sand..a.nd no/.100--.-----.-.-----.-.-----.- g 20, 000 . 00 t9
..
0 on the following terms: Earnest money herein receipted lor .............................. $ 1 , 0 0 0 . 0 0 p
°; on as additional earnest money,the sum of................. $ z�
a at or before closing,the balance of down payment.............
......................... $ 22
19, 000 . 00
at closing and upon delivery of �DEED ❑ CONTRACT the sum of(Lines 20,21,22 and 23 must equal Line 19)... $ z3
payableasfollows: CdSh upon satisfyinq continqencies as listed below under 2.
Special Conditions . zs
�a
2�
48
If Buyer assumes indebtedness,then in addition to the purchase price, Buyer is to pay required assumption fee and reimburse Seller for sums held in �
reserve accounis. �
BUYER'S REPRESENTATION:Buyer represents that Buyer has sufiicient funds available to close this sale in accordance with this agreement and is 3�
not relying on any contingent source of funds unless otherwise disclosed in writing in this agreement. 3a
o IF NEW IOAN IS REQUIRED, TRANSACTION SUBJECT TO BUYER AND PROPERTY QUALIFYING FOR THE LOAN. Buyer agrees to make �
�,� written loan application not later than business days irom date an agreement is made, complete necessary papers and exert best efforts to �
T y
d d procure the loan. If discount points are required for financing,they will be paid as follows: �
n
¢ Lender required repairs will be paid as follows: �
3�
Unless otherwise provided herein,lender required inspection fees will be paid by Buyer. �
SPECIAL CONDITIONS: SLl}J�2Ct t.0: (1) Variance for 2 lots @ 6500 square feet each - attached �
single family dwellings. (2) Said 2 lots being able to hook to sewer stub near
�
pwnp station. (3) Variance for rear yard set back to 10 feet. (4) Upon Buyer �
�o obtaining suitable financing (as defined in above Lines 33, 34, 35) within 30 days of �
��
�,o al l approvals. .:
" Buyer to apply for variances within 45 days of mutual acceptance. ,.
Buyer has made a physical inspection of property. .�
M
�
For addltional provlsions,see Addendum 4
Eamest Money Recei t No `� 7 5
a:� 1995 F�onland Metropol�tan Associat�on of REALTORS`(Rpv 6i951
REALTUi7
r 'Jo portion may be repraduced without expressed perm�ssion of PMAR. Buyers Initials Date:��(�—�8
SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY -Page 1 of 5
Sallars Initials: Date:J�lQi�'.t
Seller acknowledges that if propert� ew construction, Seller must comply with FTC ��ation disclosure requiremeiiis. �r,� � ���� ��•�
DESCRIBED IN THIS INSTRUMENT h,..r NOT BE WITHIN A FIRE PROTECTION DISTRII �OTECTING STRUCTURES.THE PROPERTY IS
SUB.IECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR
N SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30•930 �N ALL
� ZONES. BEFORE SIGNING OR ACCEPTING NTIY IPLANNINGNDEPARTMENOTNTO VEIRIFY APPROVED OUSES ANDP EX S ENOCELOFHFIRE
EW I T H T H E A P P R O P R I A T E C I T Y O R C O U
� PROTECTION FOR STRUCTURES. Unless otherwise herein provided,the property is to be conveyed by s ta tu tory w a r r a n t y d e e d t r e e a n d d e ar of all
w liens and encumbrances of record except taxes which are a lien but not yet payable, zoning ordinances, building and use restrictions, reservations in
Federal patents, utility easements ot record which benefit the property or area in which the property is located, private covenants, conditions and
restrictions oi record for the development ot which the property is a part,and
FIXTURES: All fixtures are to be left upon the premises. Fixtures shall inciude but not be limited to: built-in appliances; attached floor covering;
� drapery rods and curtain rods; window and door screens; storm doors and windows; irrigation, plumbing, ventilating, cooling and heating tixtures;
�� water heaters;attached electric light and bathroom fixtures;light bulbs,fluorescent lamps;window blinds; awnings;fences;all planted shrubs,plants
T x and trees; EXCEPT: ,�`�
Lw 1 \ �
o� P E R S O N A L P R O PERTY:The following personal property,in"as-is"condition and at no value is included:
a
" ALARM SYSTEM: � NONE ❑ OWNED ❑ LEASED. If leased Buyer ❑ will ❑ will not assume the lease at closing.Approximate monthly
E
Q lease payment is 5 •
SELLER REPRESENTS THAT: (1) The above dwelling is connected to ❑ a public sewer system ; ❑ a cesspool or septic tank; a
public water system; ❑ a private well;(2)at the earlier of possession or closing date,the dwelling will have an operating smoke detector
as required by law; (3)Seller has no knowledge of any hazardous substances on theall ePectricahwir nan heat�anccooi ng,yp mbing and
o appliances and equipment; (4) Seller knows of no material structural defects; (5)
9, 9+ �
m irrigation equipment and systems will be in good working order and Sellerlhas nofnoti erof any�liens tonbetassessed against 2ne properry;
�� its present condition at the time Buyer is entitled to possession; (6)
� and (7) Seller has no notice from any governmental agency of any violation of law relating to the property.These representations are oi
� Seller's actual knowledge.Seller has made no investigation.Exceptions to items(1)through(7)are:
.Buyer recognizes that asbestos commonly exists in insulation,ceilings,floor coverings and other areas ir
residential properties.Seller makes no representations regarding the presence or condition of asbestos. Disclosure, i
AS IS: Except for Seller's express written agreements and written representations contained herein, and Seller's Property
�,N any, Buyer is purchasing the property AS IS,in its present condition and with all defects apparent or not apparent.Buyer has not relied or
Q� any additional representations made by Seller, agents of selling REALTOR"firm or listing REALTOR"firm (if any) regarding the size
�
condition,utility or any other aspect of the property. has rovided an adequate supply of water during th
PRIVATE WELL: Seller represents that the private water well located on or serving the property P
entire year tor household use, and to the best of Selhe St te of O eg n a d app opr aoe gove nme tal agtenc esallo other represent tionsea ee1ma�
water is authorized by and complies with the laws of t
concerning the water supply and well except as expressly stated in this agreement. If the well provides water for domestic purposes, upon Seller
acceptance of Buyer's offer, Seller, at Seller's expenrece It Sel er shale1promptlyosubmit the test resultsf ortthe OeegonnHealthuDiv sionrandttBuyE
3 are required by the Oregon Health Division. Upon p,
�, Buyer, at Buyer's expense,may have the well waters antdards equired or q�ualet t bhe def cienc�iessaelrwithinobtain a`^�bus ness days(seven f not fi I�
> showing t he de Ticien c i e s(i f a n y)i n t h e w e l l a n d t h e
a in) after the date an agreement is made. If the written report of the test made by Seller or the written repo rt o f an y s u c h t e s t m a d e b y B u y e r s h ow�
substantial deficiency in quantity or quality of the water,R�?WIBun 24 hours aftea thehreceipt bytBuyey of the rwr ttenittest retport oun ess w th n 24�ho�r
with a copy oi the report,to Seller or the listing REALTO
after delivery of notice of termination Seller agrees in writing to correct the deficiencies shown on the report. Any report obtained by Buyer will sh�
what deticiencies,if any,are substantial.
INSPECTIONS:Buyer understands that a complete professional inspection of the property is advisable.
PROFESSIONAL INSPECTION: At Buyer's expense Buyer may have the property and all elements and systems thereof inspected bY onE
o � more professionals of Buyer's choice. If an inspection report shows a material defective condition in the property, Buyer may 1e�bus n
� transaction by delivery to Seller or listing REALTOR�written notice of Buyer's disapproval of the inspection report within
a days (severr if not filled in) after the date thise 9 o d sapp ovde oBan inspecPlon pelportoln writing withinethe time p olvidedrabove, �
c Seller. Buyer understands that if Buyer do
�� constitutes acceptance oi the condition of the property.
� BUYER'S INSPECTION: Buyer has personally inspected the property and all elements and systems thereof. Buyer is fully satisfied and
elected NOT to have an inspection performed by anyone else.
NOTE:Fill in preprinted number from Page 1
Eamest MoneY Rece .�-�U
�c; ;g95 Portland Metropolitan Associalion o(REALTORS�(Rev.6/95) guyers Initials
Date3--�(,"1
„�,,r,.,,,� No portion may be reproduced wrthoutn�PnRnSFS P MnNFYn-P ae 2 of 5 ,r c„iio��i,,;t;,i /,/ Date: 3��/
0 7HIS SA�LE WILL• BE CLOSED IN ESCP Costs of escrow shall be shared equally between`� '�r and Buyer,unless Buyer is financing through ia
N Federal VA, in which case Selier shali pa; ow costs. ��
w CLOSING: TIME IS OF THE ESSENCE. Closing shall occur on or before Se2 SP2Cld1 C��nditi on�s soon thereafter as financing iue
o, documents can be prepared and marketable title delivered, but not to exceed business days(ten if not filled in).This extension is not available im
o if financing documents are prepared and marketable titie can be delivered on the specified closing date.Tha terms"closing," "closed,"or"closing �oe
� date," shall mean when the deed or contract is recorded�funds are available to Seller.Seller and Buyer acknowledge that tor closing to �09
� occur by the date specified,it may be necessary to execute documents and deposit funds in escrow prior to that date. >>o
0
� POSSESSION: Seller shall remove all personal property not sold to Buyer and deliver possession to Buyer: (Check one only) (1)�on the closing ii�
a date;(2) ❑ days after the closing date;(3) ❑ On: ,19 >>2
� PRORATIONS: Prorates for rents,current year's taxes,interest on assumed obligations,and other prepaid expenses attributable to the property shali ii3
�o be as of: (Check one only) (1) ❑the closing date;(2) ❑date Buyer is entitled to possession;or(3) ❑ ,19 >»
0
a SELLER POSSESSION AFTER CLOSING: In the event that Seller and Buyer have agreed that Seller will deliver possession after the closing date, 115
Seller shall pay as consideration $ per day for each day after closing that seller remains in possession of the property. Such payment i�s
shall be made by Seller through escrow at the time of closing. ���
UTILITIES: Seller to pay all utility bills accrued to date Buyer is entitled to possession and Buyer to pay Seller for heating fuel then on premises, at >>e
°-' Seller's supplier's rate on the possession date. Payment to be handled between Buyer and Seller outside of escrow. �is
� INSURANCE: Seller to keep the property insured until closing. ��
ESCROW DEPOSIT:The neutral escrow depository in Oregon is hereby instructed by Seller,Buyer,selling REALTOR"firm and the listing REALTOR' �Zi
firm (if any) as follows: (1) Upon your receipt of a copy of Buyer's offer marked "rejected"by Seller or of selling REALTOR"firm's written advice that in
N the ofier is"rejected"by Seller you are to refund the earnest money to Buyer. (2)Upon your receipt of a copy of the sale agreement signed by Seller, i23
0
oBuyer, selling REALTOR"firm and the listing REALTOR�°firm (if any), set up an escrow account and proceed with closing in accordance with the �2+
o terms of this agreement. If you determine that the transaction cannot be closed for any reason (whether or not there is then a dispute between the �zs
W parties), hold the earnest money deposit until you receive mutual written instructions from Seller, Buyer, selling REALTOR"firm and the listing �z6
REALTOR"firm(if any)as to disposition of the deposit. 127
� TITLE INSURANCE: Prior to closing,Seller wiil promptly furnish to Buyer a preliminary title report by a title insurance company showing the condition �2a
~� of the title to the property.Within 30 days after ciosing, Seller shall furnish to Buyer an ALTA standard form of title insurance policy insuring Buyer in �2s
� the amount of the purchase price and showing good and marketable title. ��
EARNEST MONEY PAYMENT/REFUND: If Seiler does not approve this agreement,or cannot furnish marketable title within thirty days aiter notice �3�
containing a written statement of defects is delivered to Seller(but in no event beyond the closing date), or Seller having approved the sale fails to �a2
�� consummate it, the earnest money shall be refunded. However acceptance by Buyer of the refund does not constitute a waiver of other remedies �3a
o� available to Buyer. If Seiler approves the sale and title is marketable and either: (1)Buyer has misrepresented Buyer's financial status; or(2)Buyer's ��
�¢
�,� bank does not pay any check given as earnest money,when presented;or(3)Buyer fails to redeem any note given as eamest money,when due;or �ss
�E (a) Buyer fails to complete the purchase or perform any other act as herein provided;then the earnest money herein receipted for and any additional iss
w d earnest money paid or agreed to be paid shall be paid to Seller as liquidated damages,and this agreement shall be of no further binding eftect. It is �s�
the intention ot the parties that under no circumstances shall Buyer be liable to Seller under this agreement beyond the amount of eamest money �3e
provided for herein. ��
�N BINDING EFFECT/CONSENT: This agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seller. �+o
mw� However, Buyer's rights under this agreemeni or in the property are not assignable without prior written consent of Seller. 14t
FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT: The Foreign Investment in Real Property Tax Act("FIRPTA'),requires every person who »
Q purchases real property located within the United States from a"foreign person"to deduct and withhold from the Seller's proceeds ten percent(10%) »
a oi the gross sale price, with certain exceptions, and to pay the amount withheld to the Internal Revenue Service. A'foreign person' includes a non- �u
Q
LL resident alien individual, foreign corporation, foreign partnership, toreign trust and foreign estate. Seller and Buyer agree to execute and deliver, as 1!5
appropriate, any instrument,affidavit or statement,and to perform any acts reasonable or necessary to carry ou6 the provisions of FIRPTA. �+e
LEVY OF ADDITIONAL PROPERTY TAXES: The property (check one) ❑ is [� is not specially assessed for property taxes (e.g.farm,forest or ,��
other) in a way which may result in levy of additional taxes in the future. If, as a result of Buyer's actions or this sale of the property, the property ise
either is disqualified from special use assessment or loses its deferred property tax status, unless otherwise specifically provided in this agreement, �4s
�c�
Buyer shall be responsible for and shall pay when due, any deferred and/or additional taxes and interest which may be levied against the property, �so
oma�
�o� and shall hold Seller completely harmless therefrom. However, if as a result of the Seller's actions prior to closing,the property either is disqualified �s�
a°� from its entitlement to special use assessment or loses its deferred property tax status, Seller shall be responsible for and shall pay at or before »
closing, all deferred and/or additional taxes and interest which may be levied against the property and shall hold Buyer completely hartnless is3
therefrom. ��
NOTE:Fill in preprinted number from Page 1
�s ..y;y , r� .s•:.. � � '
C�1995 Portland Metropolitan Association of REALTORS°D(Rev.6/95)
REALTOR
zr No pertion may be reproduced without expressed permission of PMAR. Buyers Initial Date3--1(�--l�
SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY-Page 3 of S Y Sellers Initials: �� Date:3�la/�f
ADDI7IONAl.LAND SALES CONTRACT/TRU�" Uttu rrsuvi5�vna �� ui�a ua��oa.,��..������� u.�-.----.--._ __ . .
Buyer agrees to pay when due all taxes and �laced on the property and have fire and standa ended coverage insurance satisfactory to +�
� Selier on the property. Buyer's breach of any contract/trust deed term shall entitle Seller to atl rights ..aailable by contract/trust deed, in law or in �s�
; equiry, including the right to call the balance due and payable and to be reimbursed for all costs and reasonable attorney's fees. Unless assumed by ��
i Buyer.5eller to pay all prior indebtedness on the properry when due.The Buyer has the option to pay any such prior indebtedness,it Seller fails to do �s9
so,and apply the amount paid against the sums due on the contracUtrust deed. '�
MEDIATION/SMA�L CLAIMS/ARBITHATION: Seiler,Buyer,Listing REALTOR"firm,Selling REALTOR'firm and all real estate licensees invoNed in ie+
this transaction each agree that all claims, controversies and disputes, whether they be statutory, contract or in tort (including claims of rescission, �62
misrepresentation, concealment, negligence, fraud and for lees or commissions) between or among any of them which arise out of or are related to »
' this agreement, or which relate to the interpretation or breach of this agreement (hereinafler collectively referred to as'Claims')shall be resolved in �w
; accordance with the mediation, small claims and arbitration provisions specified herein. The obligation of all parties to comply with these provisions +es
� shall survive closing ot the sale and purchase of the property.The following matters are excluded from these provisions and do not constitute Claims: �ea
i (a) judicial or non-judicial foreclosure, forfeiture or any other action or proceeding to collect any amount secured by or to enforce or for breach of a +e�
i trust deed,mortgage or land sale contract; (b)a forcible entry and detainer action;or(c)the filing or enforcement of a construction lien.The filing o}a ��
notice of pending action (lis pendens) or the application to any court having jurisdiction thereof for the issuance of any provisional process or other t69
remedy described in Oregon Rules of Civil Procedure or corresponding federal remedies,including a restraining order, attachment or appointment o( i�o
receiver shall not constitute a waiver of the right to,or waiver of the duty to,utilize the procedures specified herein.
ni
MEDIATION:All parties and REALTORS" acknowledge that the use of inediation is the preferable method of resolving controversies and disputes. +�2
� Accordingly, all Claims shall first be submitted to mediation in accordance with the rules and procedures of the Home SellerMome Buyer's Dispute i�3
� Resolution 5ystem of the National Association of REALTORS".The failure to otter or agree to mediate a Claim may result in the denial ol the right to »a
ns
prevailing attorney fees in arbitration.
SMALL CLAIMS: All Claims which are within the jurisdiction of the Small Claims Department of the District Court oi the State of Oregon {'Small »e
�� Claims Court")may be brought and determined there,and it shall not be required that such Claims be tirst submitled to mediation. Provided,however, »>
'� Seller,Buyer,and all other real estate licensees involved in this transaction understand and agree that they may not bring any Claim against the other 1e
in excess of the jurisdictional limit of Small Claims Court,except through the arbitration process described below.
t�s
ARBITRATION: All Claims that have not been resolved by mediation or which have not othervvise been filed in Small Claims Court,shall be resolved 1ea
� by arbitration in accordance with the then effective arbitration rules of the Arbitration Service of PoRland or the American Arbitration Association, 1e�
� whichever organization is selected by the party who first initiates arbitration by filing a Claim in accordance with the filing rules of the organization 182
� selected, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The ��
a prevailing party in any arbitration shall be entitled to apply to the arbitrator for an award of reasonable attorney fees in accordance with ORCP 68. 1e''
Provided, however, the prevailing party shall not be entitled to any award of attorney fees,unless it is established to the satisfaction o(the arbitrator �es
that that party offered or agreed to participate in the above-described mediation process.
ies
RECEIPT FOR EARNEST MONEY:The undersigned Selling REALTOR�firm acknowledges receipt of earnest money(which Selling REALTOR�firm +e�
agrees to handle as provided below) from Buyer in the sum of $
1000.UO evidenced by ❑CASH,�CHECK ��
mutual acce tance o�ner ��
[� PROMISSORY NOTE,payable on or before P � �
EARNEST MONEY INSTRUCTIONS: Buyer instructs the undersigned Selling REALTOR'Firm: (check one) �To deposit the eamest money in ��
Selling REALTOR" Firm's client trust account or��}�4¢�K4�(ip�i 1St e . Ti 1 WIl. s escro pr � s are redeemed +s�
4( cI s
under promissory note made payable to Selling REALTOR" firm, rans er earnest nSon y�from �ell�ing ��LTOR" lirm to �ez
� SELLING REALTOR°FIRM SHALL HAVE FURTHE BILITY WITH 1s3
0 o i94
a� RESPECT TO EARNEST MONEY WHICH THE PARTIES HAVE AUTHORIZED TU BE TRANSFERRED TO D PARTY
m N
� `` Cash' S R 1 ty IriC . Selling REALTOR: 19'
;; Selling REALTOR�Firm. -
Phone: FAX: '�
eranch Address: 6 3 9—413 7 6 8 4—918 9
�r�r rr.� . . FAX: �9�
Main Office Address: ' '�'��' �� ����"r T���� nYP 977�� Phone:
E PROPERTY DISCLOSURE/DISCLAIMER LAW: Buyer acknowledges that unless otherwise exempted, Buyer has a right lo revoke Buyers oHer ;�
� within five (5) business days after delivery of Seller's property disclosure form, or within seven (7) business days after delivery of Sellers wntten
Qodisclaimer form,or at any time betore closing if Buyer does not receive either a disclosure or disclaimer form from Seller.Buyer may waive t he right of �
a y revocation ii done so in writing. If this transaction is exempted from the property disclosure/disclaimer law,Seller and Buyer are encouraged to sign a p�
� written acknowledgment identifying the specific exemption.Seller authorizes the listing REALTOR�firm to receive Buyer's notice of revocation, H any, �
N
� on Seller's behalf.
� �
oDelivery of photo,telefax,carbon or NCR copies oi an original signed document shall be treated the same as delivery of the original.
U
��U i f_ i;I�� �n proprinted number trom Page 1
,, '
:.�..�FS*:-•'�'.��:� .'
r�- 1995 Porllend Metropol�tan Associalion of REALTORS'�(F�ev_6/95j '� ��y�rs In�Uals D2te�3.- -C�g
REAITOR� No pornon may be reproduced w�thout expressed permission o(PMAR
SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY - Page 4 of 5� Sellers InRials: Date: ,�1e�1�
BUYER:PrinUfull nam�(S): wl j ar lOW�' ' PT'Opert.125 ZI1C.
205
acknowledges receipt oi a completely filled .:opy which Buyer has fully read and understa�._. and acknowledges that Buyer has not za
received or relied upon any statements made by Seller or any real estate agent which are not herein expressed. Neither Seller nor agent zo�
warrants the square footage of any structure or the size of any land being purchased. li square footage or land size is a material 2oe
consideration,all structures and land should be measured by Buyer prior to slgning this sale agreement. ppy
Deed or contract to be prepared in the name ol: 210
This offer shall automatically expire on ate: Z , 19 9$, A.M. P.M.,ii not accepted within that time. However,Buyer may z�+
withdraw this offer any time p r ac nce.This ofier may only be accepted by Seller in writing. Zi2
Buyer Signature: (A) � Date: 3–1 6 ,19,�$ ; A.M. P.M. z�3
Buyer Signature: (B) Date: ,19_ ; A.M. P.M. z�4
ndd�ess:_ 1 5491 SW Peach Tree .Dr. Tiqard, Ore 9722q Z,S
Zip
Phone: Home S 9 0–0 1 6 6 Work(A)- �D'�f� ,� yyo��g� 2t8
SELLER'S ACCEPTANCE: Seller accepts this otter. Seller agrees to pay to the Selling REALTOR'firm or, if this is a co-op transaction, the listing z»
REALTOR'firm, the sum of$ for professional real estate services rendered in this transaction. Seller authorizes listing z�a
REALTOR'firm to order a preliminary title report and title insurance at Seller's expense and further authorizes escrow to pay out of the cash proceeds oi z�s
sale the expenses of turnishing title insurance,Seller's recording fees, Seller's closing costs and any encumbrances on the property payable by Seller on no
or before closing. Seller is a U.S. citizen unless otherwise stated herein(See FIRPTA clause Lines 142 through 146.)Seller acknowledges receipt of a 2zi
completely iilled in copy oi this agreement,which Seller has fully read and understands.Seller acknowledges that Seller has not received or relied 2zz
on any statement made by any real estate agent which is not herein expressed. In the event Buyer fails to complete the sale as herein provided, the n3
earnest money shall be distributed as follows after deduction of any title insurance and escrow cancellation charges: (check one) ❑First to fhe listing n�
REA�TOR" firm, to the extent of the agreed commission just as if the transaction had been consummated, with residue to Seller; ns
❑or �
SELLER: Print full name(s): ��
Seller Signature: (A) Date: ,19_ ; A.M. P.M. ne
Selter Signature:(B) Date: ,19— ; A.M. P.M. rls
Address: Z�p �
Phone: Home Work(A) Work(B) 23�
BUYER'S ACKNOWLEDGMENT: Buyer acknowledges Seller's acceptance of this agreement and acknowledges receipt of a copy thereot signed by 2s2
Seller.These documents constitute an agreement to sell and purchase the property. �
Buyer Signature: (A) Date: ,19_ ; A.M. P.M. 23+
Buyer Signature: (8) Date: ,19— ; A.M. P.M. �
REJECTIOWCOUNTER OFFER: �
SELECT ONE: �Seller does not accept the foregoing offer, but makes ihe attached counter oHer OR ❑Seller rejects Buyer's offer without a r,��
counter oHer. �
�SELLER: Print full name(s): � G���y �
Seller Signature: (A) Oate:�,19LG.; A.M. � � .M z�o
Seller Signature:(B) Date: ,19_; A.M. P.M. 2��
Address:
Zip 2+2
Phone: Home Work(A) Work(B) ' 2�
Co•op transaction between above named Selling REALTOR�firm and John L. SCOtt (listing REALTOR�firm)and zu
L 1 ridd Ea ton (listing REALTOR'.Selling REALTOR�firm to receive3 . 1 5 %of purchase price.
245
Listing REALTOR�firm phone: 2 4 S–1 2 O O FAx: 2 9 3-4 3 0 0 . 2�
�isting REALTOR'S�Broker's initials Selling REALTOR'S�Brokers initials su
NOTE Fil! in prepented n���mb!?r from F'�qE� 1
:'...��J •.:w ..� .:�5� ,� .• * .
�O 1995 Portland Metropolitan Association of REALTORS'�(Rev. 6/95)
REAITORQ° No portion may be reproduced without expressed permission of PMAR.
SALE AGFiEEMENT AND RECEIPT FOR EARNEST MONEY -Page 5 ot 5
RCALTUR'S COPY
Q �ELLER'S COUNTER OFFE�.
The Oregon Real fstate Agency has revlewed thls form}w compl{a�oe w�h epplicable prwi�ip��n ORS.696 and finds that R complies wkh those provisions. �
Re: Real Estate Sale Agreement o. 3v Dated 3-1 b�� �
Seller: � o �
Buyer: � � '
The real property described as: S o O 3 s 5
� �
B
Seller agrees to sell the real and personal property specified in Buyers offer on the terms and conditions in Buyer's offer, except as �
modified below:
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'� For dditional provision , ee Addendum e
19
AGREEMENT TO SELL:
All provisions of the Buyer's offer except those modified herein are appro d and a epted by Seller. Time is of the essence of this �o
counter offer. This counter offer shall automatically expire on Date 3�� q�A.M.�—f'.M., if not accepted within that time. 2,
However, Seller may withdraw this counter offer any time prior to written acceptance. 2z
If Buyer accepts Seller's counter offer, Seller agrees to pay to the Selling Firm,or if this is a co-op transaction, the Listing Firm, the sum z3
of$ a.��� for professional real estate services rendered in this transaction. Seller authorizes Listing Firm to order a preliminary z.
title report and title insurance at Seller's expense and further authorizes escrow to pay out of the cash proceeds of sale the expenses of z5
furnishing title insurance, Sellers recording fees, Sellers closing costs and any encumbrance on the property payable by Seller on or �
before closing. Seller is a U.S.citizen unless otherwise stated herein (See FIRPTA clause in Real Estate Sale Agreement). Z,
SELLER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY OF BUYER'S OFFER AND SELLER'S COUNTER ze
OFFER,WHICH SELLER HAS FULLY READ AND UNDERSTANDS. Seller acknowledges that Seller has not received or relied on any �,
statement made by any real estate licensee which is not herein expressed. In the event Buyer fails to complete the sale as herein ,�
provided,the earnest money shall be distributed as fo�lows after deduction of any title insurance and escrow cancellation charges:(check „
one) ❑ First to the Listing Firm, to the extent of the agreed commission just as if the transaction had been consummated, with residue ,�
to Seller; or� C�J�� v �„J
�
� Seller Signature Date ,3�i���� _, _ _A.M. '/S .M. �,
Seller Signature Date A.M. P.M. 's
AGREEMENT TO PURCHASE:
❑ Buyer accepts Seller's counter offer. �
❑Buyer rejects Seller's counter offer:OR ❑ Buyer makes the attached counter offer. �
Buyer Signature _ Date _, ___A.M. P.M. ,9
Buyer Signature_ Date , ___ A.M. P.M. ,�
SELLER'S ACKNOWLEDGMENT:
Seller acknowledges receipt of copies of Buyer's offer and of Sellers counter otfer bearing Buyer's signature, which Seller has fully read ��
and understands.
s3
Seller Signature _ Date , A.M. P.M. �
Seller Signature Date , A.M. FM. <6
RECEIPT OF EARNEST MONEY (Use only if earnest money provided in Buyer's offer is changed by Seller's counter offer). ��
Selling firm acknowledges receipt of earnest money from Buyer NOT previously receipted for in the sum of $__ evidenced �
by 0 cash, ❑check, ❑ promissory note payable on or before___ _., which selling firm agrees to handle as provided in the a9
Agreement. Selling Licensee's signature w
Listing Licensee _ _____ __ Selling Licensee
Listing Firm Broker's Initials/Date / _Selling Firm Broker's Initials/Date i ,�
O, 1997.No pprtpn rr�ay�reproduced wrthout express permission o1 - - --
Oregcxi Real Estate Forms,LLC,a wholly-owned su6sidiary of the Eugene,Portland Metropolltan
a�d OreJon Assoclatwns of qEALTORS�
OREF 003 1Qf97 SELLER'S COUNTER OFFER
e�r w�-rr-.n•��i�nnv I
.Portland�Metropolitnn Ausociatior -� REAI.TiORS�..ADDENbUM TO SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY
�
�;j i.o. r,o. ��0'1 a S
EXHIBIT No.
IN REFERENCE TO THE FOREGOING AND ATTACHED SALE AGREEMENT AND RECEIPT FOR EARN�ST MONEY BETWEEN
.�
, (� f���%��L �/GcJ � /.� ��/c /�- �
PURCHASER(S),AND � ' � �� �
' , SEL R(S),DATED
FOR THE REAL PROPERTY DESCRIBED AS (- ' 'l - E ADDRESS OF WHICH IS
� THE UNDERSIGNED PURCHASER(5} AND SELLER(S) HEREBY AGREE THE FOLL�JWING.SHALL BE A PART OF THE SALE AGREEMENT
,L, .:r/, � �i. / -�' �/�' - �. �����/�'�
DESCRIBED HEREIN: � � � ,
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DATE ' ` Z
Purchaser J a� ��
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Purchaser
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'fhs Orsgon RsN Estste Agsncy haa reviewed this fortn for complfance with the appllcable provislons in ORS.696 and finds that it complies with those provisions.
Re: Real Estate Sale Agr�ent No. �3� �a� Dated ����� _
Seller: o '
Buyer: � o o ��c l� •
The real property described as: `� S ��� Q� �o� �--� \° 3 �
6
Seller agrees to sell the real and personal property specified in Buyer's offer on the terms and conditions in Buyer's offer, except as %
modified below: tl
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� For additional provisions, see Addendum
AGREEMENT TO SELL• °�°.�� ��`� °�'"� °'S��" �'S`�' ��
All provisions of the Buyer's offer except those modified herein are a proved and accepted by Seller. Time is of the essence of this ��
counter offer. This counter offer shall automatically expire on Date �-2.S , _A.M.,��PM., if not accepted within that time. �.
However, Seller may withdraw this counter offer any time prior to written acceptance. ��
If Bu er�c�pts Seller's counter offer, Seller agrees to pay to the Selling Firm, or if this is a co-op transaction, the Listing Firm, the sum �-
of$ Sd-�for professional real estate services rendered in this transaction. Seller authorizes Listing Firm to order a preliminary �.
title report and title insurance at Seller's expense and further authorizes escrow to pay out of the cash proceeds of sale the expenses of ��.
furnishing title insurance, Selter's recording fees, Seller's closing costs and any encumbrance on the property payable by Seller on or �.,
before closing. Seller is a U.S.citizen unless otherwise stated herein (See FIRPTA clause in Real Estate Sale Agreement).
SELLER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY OF BUYER'S OFFER AND SELLER'S COUNTER ,,
OFFER,WHICH SELLER HAS FULLY READ AND UNDERSTANDS. Seller acknowledges that Seller has not received or relied on any zy
statement made by any real estate licensee which is not herein expressed. In the event Buyer fails to complete the sale as herein ,.
provided,the earnest money shall be distributed as follows after deduction of any title insurance and escrow cancellation charges:(check ,.
one) ❑First to the Listing Firm, to the extent of the agreed commission just as if the transaction had been consummated, with residue ,�
�to Seller,or� \O� � ° '°
Seller Signature Date 3.� p , l����� P.M. �
Seller Signature Date __A.M. _ P.M. �
AGREEMENT TO PURCHASE: v
❑Buyer accepts Seller's counter off
❑Buyer rejects Seller's Buyer m e attached counter offer. �,
Buyer Signature Date��'�� s'G�--A.M. __P.M. ,,
S�yer Signature _____. _ _ Date_ __ , A.M. P.M. �
SELLER'S ACKNOWLEDGMENT: ,
Seller acknowledges receipt of copies of Buyer's offer and of Seller's counter offer bearing Buyer's signature, which Setler has fully read :.
and understands. �
Seller Signature Date , A.M. _P.M. �
Seller Signature Date _A.M. P.M. y�
RECEIPT OF EARNEST MONEY (Use only if earnest money provided in Buyer's offer is changed by Seller's counter otfer). _
Selling firm adcnowledges receipt of earnest money from Buyer NOT previously receipted for in the sum of$ evidenced •_
by❑cash, ❑check, ❑ promissory note payable on or before , which selling firm agrees to handle as provided in the =•
Agreement. Selling Licensee's signature �
Listing Licensee Selling Licensee _ _ _ _ �
Listing Firm Broker's Initials/Date / Selling Firm Broker's Initials/Date / .
O,1997,No portion may be reproduced without express permission of i
Oregon Real Estate Forms,LLC,a whdlyowned subsidiary of the Eugene,Portland Metropolitan I
and Oregon Associati�ons of HEALTORS�
OREf 003 tU97 SELLER'S COUNTER OFFER �
P'�xcl�nd Mcrropolicin A�wciacinn of REAL"I'ORS'- ADDENDUM TO SALE AQREEMENT AND REC��T FOR EAFiMEST MIONE�
. . �
EXHIBIT No. � I.�. No. 2 3 0 7 2 S
�
IN REFERENCE TO THE FOREGOING AND ATTACHED SALE AGREEMENT ANp FiECE�PT FOR EARNEST MONEY BETWE
Wildflower Propert�es
PURCNASER{g), ANO ��Y of '��qard •
, SELLER(S),DATED Mar�h 16, 1q.9�—
FOR THE REAL PROPERTY DE3CR16ED AS �S11 1HA T�r 1 nt 1 n� , TME nDO�ESS OF w►*Cf
Tf-IE UNpERSIGNED PURCHA3E,R(S} AND SELLER(S} NEREBY AGREE THE FOLLOWING SHALL BE A P�ART OF THE SALE AGREEME
DE3CRIBEO HEREIN:
Sales Price to be $35, 000 . 00 .
Subject to Hearings Off.icer approving:
(1 ) Variances for a 2 lot attached Sing2e Family residences (Row housef
(2) Said 2 lots being able to hook up to sewer stub �decomm�ssioned
pump station using existing stub and one new tap for second house
across easemen�.
(3} Variance for rear setback to 10 feet.
$uyer will g�v for land divisi4� nrQcess fe�� (ag.Frox. $3000. -3500 _DOI .
pre-ap confer�nce Agri� 7th or 9 h Q�rliest.
Buy�r wil l make al l gf fort to �x���t� procesg_
(4 ) Buyer and seller aaree that deal to close within 180 days of
mutual acceptanCe unless both �arties aQree to extension .
(5) If at anv time it appears that above conditions cannot be met
BuYer will wlthdraw.
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(b) PurCha►aer to releae� 1000 . 00 earnest mane to SeII 99
�
Init• This earnest mone to be non-refundable at that time .
On Ma I8 1998 Purchaser has the o tion to vaia this tra saction f
he does not decide to release earnest mone to Seller.
i
DATE Md rCh , 18�,�4.M.,P.M. DATE � � y , t9'��M.,P,1
Punchaeer 9e1M
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Puroheser �:'�. �
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IA_ � .,., ..
APPLICATION F4R
MINOR LAND PARTITION
9510 SW McDonald
1'igard, OR 97223
1 S 1 11 BA TL-00103
PREPARED BY:
Ron Bohart
Wildflower Properties, Inc.
15491 SW Peachtree Dr.
Tigard, OR 97224
590-0107; Fax: 590-0107; Email: wildfl�a,hevanet.com
Ron Bohart
Wildflower Properties,Inc.
15491 SW Peachtree Dr.
Ti�ard,OR 97224
590-0107; Fax: 590-0107; Email: wildtiCa�hevanet.com
/ City of Tigard
13125 SW Hsll
Tigard,OR 97223
APPLICATION FOR MINOR LAND PARTITION
9510 SW McDonald
Tigard,OR 97223
1S1 11BA TLr103
INTRODUCTION:
The parcel to be developed is located on a steep bank above a designated wetland
on the south side of McDonald Street. Due to the ecological res#rictions on the
property the building site is nartow and difficult to build on. Although there
seems to be plenty of area to construct homes,the wetiands and a 25' buffer
adjacent to the wetlands shrinks the available buildable property to about 11,000
sq.ft.
Tigard needs more single family attached housing and the location of this parcel
is perFect for this use. The zoning, under conditional use, will permit single
family attached housing. We think this is the best use of the site because the
neighborhood is composed of; a mixture of older homes on iarge parceis that will
probably be developed in the future; and newer homes. The site is difficult and
expensive to build on. It is restricted in depth due to the wetlands and 25' buffer
zone. The proximity to McDonald Street(a very busy major collector)is not
conducive to a site for a solitary, single family residence. Row houses allow
affordability while offering a11 of the amenities of a single residence(home and
property ownership). Home ownership makes for better neighbors and the
neighborhood wvuld benefit from pride-of-ownership that row houses would
provide.
A variance for the rear setback to 7.5 feet will be needed. The yard area is to be
situated to the sides of the homes rather than the rear(due to the slope of the lots
the rear would be used only for access to a rather lazge side yard). The homes
reverse floor plan(facing the rear) would have a very private natural park-like
view overlooking the wetlands and the 25' buffer.
A variance for reduced lot size will be needed because the individual iots would
be approximately 5,500 sq.ft (larger than a normal 50' X 100' "city" lot). The
total parcel size is approximately 27,000 sq. ft. Approximately 17,000 sq.ft. of
the parcel will be put into a private tract, which includes the wetlands and the 25'
buffer adjacent to the wetlands.
wstano��u�,�. r�o� asna,vs
A. ZOIVING DISTRICT DIMENSIONAL REQUIREMENTS:
Minimum lot size: 7,500 sq.ft., 10,000 sq.ft for a duplex. Average lot width 50'.
Maximum building height: 30'. Setbacks: Front 20', Side 5', Rear 15'. All
setbacks are within the requirements except the rear and minimum lot size. We
are asking for a rear setback variance to 7.5 feet to allow for a reasonable building
footprint. With the 25' buffer from the wetiands very little buildable land is
available. There will be between 40' to 60' setback for a side yard and 7.5' is
sufficient to exit the homes on the lower level for side yard access. The individual
lot sizes are in excess of 5,000 sq. ft. (average city lot size). Both building lots
together will be approximately 11,000 sq.ft., more than the minimum 10,000
sq.ft. for a duplex. We are asking for this reasonable variance.
B. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS
Both lots have almost 100' of frontage and neither of the lots exceeds the 2-'/z
times the average width ma�cimum.
C. SPECIAL SETBACKS
The street right-of-way adjacent to the property is 30',the prescribed distance.
The houses are to be attached rather than deta.ched so the 10' separation does not
apply. There are to no accessory structures.
D. RESIDENTIAL DENSTTY CALCULATION
15,948 sq.ft of gross site area
0 sq.ft for public right-of-way
NET 15,948 sq.ft.
Div/by 7,500 sq.ft. (minimum lot area)
2.13 units per acre (two units allowable)
E. RESIDENTIAL DENSTTY TRANSFER
15,948 sq.ft. of gross site area
0 sq.ft of public right-of-wa}�
3,013 sq.ft(25%of units that could otherwise be developed on sensitive
land.
NET 18,961 sq.ft.
Div/by 7,500 sq.ft. (minimum lot area)
2.53 units per acre(two units allowable)
Wiidtlower Propenias,inc. Page 3 OS/14/98
F. RESIDENTIAL DENSITY TRANSITION
On no part of the established area encompassing 100 feet to the north,east, south
and west is the density greater than the allowable of 6.33 units' par acre. The
buildable parcel is approximately 16,000 sq.ft. or 8,000 per lot including the
buffer zone. By dividing 8,000 sq.ft. into 34,845 sq.ft. (43,560 sq.ft. minus 8,712
sq.ft. [�0% for public right of way])yields 4.36 units per acre, well inside of the
b.33 maximum allowed.
G. RESIDENTIAL DEVELOPMENT SOLAR ACCESS REQUIREMENTS
Although the N/S dimension of the individual lots is not at least 90 feet, the entire
area including the wetlands and the 25' buffer is well in excess of 90' (140'}, The
front line axis of the two lots is within two degrees of a true E/W line.
Exemptions to this rule that are applicable include:
1. A north line steeper than 20%.
2. The buildable area of the parcel is completely shaded by tall natural trees
to the south in the wetlands and within the 25' buffer- shading the
complete building site.
H. PARKING AND ACCESS
Both of the row homes wiil have two parking spaces as well as two car garages.
There will also be a small turnaround area on site to be used for front access to the
street.
I. CLEAR VISION AREA
There are no sight obstructions at or near the street.
J. BUFFERING AND SCREENING
It is the intention of the developer to erect a 6' high good neighbor fence along the
perimeter of the 25' buffering zone. This fence will protect the wetlands as well
as allow the view into the wetlands to be unobstructed from decks and windows in
the two homes. The natural vegetation of the wetlands and the buffering zone are
a mi�we of deciduous and evergreen trees and shrubs and additional trees or
shrubs wiii not have to be added to the natural area.
K. STREET TREES
Street trees will be added to the area adjacent to the public street. Two trees on
each lot. (See plot plan).
WihlLidwer Yropeiiias,lnc. Yage 3 03/14r98
L. SENSTTIVE LANDS
The sensitive lands are clearly delineated on the plot plan as is the 25' buffering
zone. Included in this application is a sensitive lands delineation document.
M. USA, R& 0 96-44
A 25' buffering zone is established and set aside as a private tract `A' running
along the north side of the wetland area.
N. NARRATIVE TO CUDE SECTIONS
18.SOZONING DISTWCT DIMENSIONAL REQUIREMENTS—(see section
`A', `B' and `C' of this application)
i 8.85 WATER RESOURCES—(see section `J', `K', `L' and `M' of this
application)
18.92 DENSITY COMPUTATIONS—(see sections `D', `E' and `F' of this
application)
18.100 LANDSCAPE AND SCREENING—(see sections `J' and `K' of this
application)
18.102 VISUAL CLEARANCE AREAS—(see section `I' of this application)
18.106 OFF STREET PARKING AND LOADING REQUIREMENTS—( see
section `H' of this application)
18.108 ACCESS,EGRESS AND CIRGULATION
Access and egress to the public road are accomplished by off street
parking(two parking places per home)plus a sma11 turnaround or
backing-up area for each home to allow for forward entry to the public
right-of-way.
18.162 LAND PARTITION—MINOR
All of the requirements of this section will be adhered to. A pre-
application conference has been completed and the requirements of thai
conference have been met.
18.164 STREET UTILITY IMPROVEMENTS
There are no street improvements. There is a sanitary sewer stub on the
property and will be put in use. an additional sewer tap will be provided
across a 10' easement for the benefit of lot 1. Storm drainage will be
available toward the south by a 4" daylight connection to the wetlands. All
utility lines will be underground or will be in the form of a fee in-lieu at
$27.50 per lineal foot of street frontage. A street opening permit will be
w�aeo�«r�oy��,�. e�e a osna�vs
obtained for the work to be bone in the right-of-way and to connect to
sewer.
O. IMPACT STUDY
Because there are no public improvements to be done(street widening, land
dedication, etc.)an impact study is not applicable.
P. SECTION 18.130 of the Municipal Code: Conditional Use
18.130.040 Approval Standards and Conditions.
A. 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;
Applicants response: The overall site is approximately 28,000 sq.ft. Under normal
circumstances that woudd be enor�gh for 4 single family residences. This proposed
development is hampered by 17,000 sq.ft. of weflands and a 25'buffer zone. This
leaves 11,000 sq.ft. of buildable land. The prrrcel is less than prime because of
the steepness and proximiry to McDonald Street but would lend itself well to
attached single family residences.
2. The characteristics of the site are suitable for the proposed use considering
size, shape, location, topography, and natural features;
Applicants response: Thc characteristics of the site are suitable for the propased
use in that the building is oriented to the rear(away frvm McDonuld Street) und
the steep building area works well for the daylight basement design of the project.
3. All required public facilities have adequate capacity to serve the proposal;
Applicants response: 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;
Applicants response:All of the requirements of the zoning district except those
that deal with the minimum lot size and the rear yard setback are met.
wilanower rropenies,tnc. rsge s o3na,ns
S. The supplementary requirements set forth in Chapter 18.114, Signs, and
Section 18.120.180, Approval Standards, if applicable, are met; and
Applicants response:All of the supplementary requirements are met.
6. The use will comply with the applicable policies of the comprehensive plan
Applicants respvnse: The use will comply with the applicable policies of the
comprehensive plan
Q. SECTION 18.134 of the Municipal Code: Criteria for granting a Variance
A. The Director shall approve, approve with conditions,or deny an application
for a variance based on finding that the following criteria are satisfied:
1. The proposed variance will not be materially detrimental to the purposes
of this title, be in conflict with the policies of the comprehensive plan, to
any other applicable policies and standards, and to other properties in the
same zoning district or vicinity;
Appl icants response: Residential is the prime use in the R-4.S zone. The
comprehensive plan outlines the need for higher density housing in the Tigard
area. One building on 11,D00 sq.ft. bounded in the rear by 17,D00 sq.ft. of
openspace, even though it is two lots, will be completely in character with the
rest of the neighborhood. This is a way to utilize a d�cult piece of property
and create an errvironment that is pleasing and yet co-exists in a better way
with the surround�ng area.
Reducing the rear yard setback from 1 S feet to 7.S feet could seem extreme in
an ureu vf smull lvts, but in this instunc�the 7.S setbuck is ucijacent tu u 25'
buf�er zone of separation from a wetland area. The setback is not needed to
separate two buildings or a building from a property line, it is merely to allow
passage to a side yard along a natural wetland boundry.
2. There are special circumstances that exist which are peculiar to the lot size
or shape,topography or other circumstances over which the applicant has
no control, and which are not appiicable to other properties in the same
zoning district;
Applrcants response: 65% of the parcel is being used for either wetland or
wetland buffer. There is a 20'setback from the street in the front and a steep
bank�n hetween for a building f�ntprint. This leaves a narrow site to build on.
W ildflwver Proptirliex,lnc. Pagb G 05/14/98
3. The use proposed will be the same as permitted under this title and an
standards will be maintained to the greatest extent that is reasonably
possible while permitting some economic use of the land;
Applicant..s response: The propo.sed u.se will he single family residential for�n
a site that will be park-like on a piece of land that in all probability would not
be used otherwise.
4. Existing physical and natural systems, such as but not limited to traffic,
drainage,. dramatic land forms, or parks will not be adversely affected any
more than would occur if the development were located as specified in the
title; and
Applicants response: There are no physical and natural systems such as but
not limited to tra�c, drainage,. dramatic land forms, or parks that will not be
adversely affected any more than would occur rf the development were located
as specified in the title.
5. The hardship is not self-imposed and the variance requested is the
minimum variance which would alleviate the hardship.
Applicants response: The hardship is not self-imposed and the variances
requested are the minimum which would alleviate the hardship.
w�uw���,t�r;. ra�� asiia,gs
RI1/�WAYS WITI-4 TURNAROUND
238 �G�O�Nt-!�D ST. ' GIT't' WATER LIh1E
UTIL9: POU�R PHONE,CABLE UNDER.'sROIJND TO POLE u
234 23m 228
TI?FET TREES �
0' UTILITI' E T FOR HOU°vE 'I —
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� TIGARD, OR 9�113 �
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WETLANDS DELINEATION
VVILDFLOWER PROPERTIES, INC.
PREPARED BY:
Philip K. Gaddis, PhD.
Wildilower Ropnrties,l�u. Pagc J 0421/98
WETL�ND DELINE:�TION
�IacDonald St. just east of 97th Ave., Tigard Ore�on
Delineation by: Philip K. Gaddis, PhD.
�Vaterbodies, Wetlands: �I'ributary to Fanno Creek. Palustrine Emer�ent Wetland (PE�I1) in
the floodp(ain of the tributary.
Soils: I�uberly silt loam, T'ypic Fra�iaquept, hvdric; Quatama Ioam, .�quultic Haploxeralt. non-
hvdric.
HvdroloQy: The Fanno Creek Tributary appears to be a permanent, vear-round stream. T'he
flood plain emeraent wetland is fed by the stream and also appears to receive shallow
�round�vater t1o�v from the sides.
Ve�etation: The emergent wetland is dominated by reed canary�rass (Phalaris an�ndinacec�)
and Pacific �villow (Sc71ix lasiar�dra). The surroundin� slopes are dominated b� a thicket
of Himalavan blackberry (Rubus cfiscolor). Part of the upland area is covered bv red alder
(�Intcs rzrhra).
The subject propeny consists of approximate!v 0.66 acres located between �IacDonald Street
and a tributary of Fanno Creek just east of 97th Ave. The site slopes down from its frontaae on
�IacDonald Street to the tributary of Fanno Cree4c which runs lengthwise throu�h the property
alonQ its rear. property boundary. The wetland delineation reported here was conducted on June
??. 1994 to determine the extent of jurisdictional wetland on the site.
��THODS
Since the subject site is small (under � acres) and its plant communities are tew and distinctively
different from each other, the wetland delineation �vas conducted accordin� to the "routine on-
site" method of the 1987 Corps of En�ineers Wetland Delineation Manual. This method calls
tor an evaluation of ve�etation, soils, and hydrolo�y in each of the distinctive habitat rypes. A
determination of the jurisdictional wetland status requires independent confirmation of�vetland
characteristics in each of these three parameters. Two sample sites �vere evaluated (FiQure 1)
representin� the �vetland and upland habitat types. The data forms for these sample sites are
appended to the report. Numerous other soil and hydrology tests were made to locate the
�.vetland boundary.
• � :
"�etland Delineation: S[even T'opp Property, Ti�ard, Ore�on.
P a��e ,
[�S I�"LTS
The �ite was mapped by the Soii Conservation Service as containina Huberly silt loam. a hydric
��ii. and Quatama loam, a non-hydric soil (Fi��ure 2). The occurrence of these soil types on the
�i�e was conrirmed. The boundary between these soil types was abrupt and correlated �vell with
topo�raphy. The Huberly silt loam was contined to the relatively flat flood plain. The Quatama
loam occurred on the slopes above.
.-�lthough the rainfall was considerablv below normal over the previous water year, the tributary
�.vas tlow�in� �vell, and its tloodplain area was saturated to the surface throughout. The stream
meandered sli�Tf�tiv throuah the tloodplain and had eroded a channel approximately l.�-3 'tt
across and 0 �-1.� rt deep. Standins water was typically found at 3" or less from the suriace
throu,hout the tloodplain. .This level was benveen approximately Z and 3 ft above the level of
surface water in the tributarv, indicatin� possible droundwater input from the surroundin�
slopes. This pattern was most pronounced at the northeast corner of the wedand, whe:e �vetland
conditions eYtended sli�htly up the slope. Soils on the slopes above the floodplain boundary
�vere tvpicallv extremely dry and 'nard.
Tl1e ve�etation in the wetland was dominated by reed canarygrass (Phalarisannrdi�Tac:ai.
.-�pproximatelv 10 - I�°'o of the wetland area was covered by Pacific Willow�S[IIIY �c7S1C171C,�!"CI�.
Other parts of the wetland �vere panially shaded bv overhanQin� riparian vees. In the �vettest
parts of the ���etland, water parsle�✓ (Oefranthe scrrmenrosa) was common. Small-fruit buirush
occurred in a small. dense stand in the center of the wetland.
The upland portion of the site was dominated by a dense thicket of Himalayan blackberrv
(Rt�bc�s discolo�-). .-�lihoush lar�e trees occurred on much of the site, the biackberries penecrated
nezrly the entire upiand area.
�10 plant species we:e found which are cunently listed as threatened, endangered, or sensitive by
the Ore�on Natural Herita�e Pro;ram.
�VETLtLl�(D DETERI�IINATION
The boundary of the jurisdictional wetland conformed closely to topography. �ll of the area
within the relativeiv flat floodplain met the criteria forjurisdictional wetland. The jurisdictional
wetland extended sli`;htly above the floodplain in the northeast corner of the site.
� � f .-
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FIGURE ?. Soil mao for Ti�rard, Ore�on, ana viciniry. �r J r"'i'X ��� '� �'
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�ETLd:1D DETE�I"!jyATION
�oplicant �pplication
Name: p'�'ec
-- _:_ vunoe-• ;rane: �✓-'�0
SCace: ,�.l� Count�%:- �,J�;, Le�al Desc:ipc'_oa: Tovnsni�: , .
Date: � �ange:
��L�G�I- Ploc Vo. : <%�
r � —� Sec[ion:
�Ie�etation rlist t5e threc dcainant soecies in eac� vege[ac'_on �ayer (5 if
only 1 or 2 layers) ] . indicate saec'_es wit`� oose^�ed morphologicai or '�cno:m
physiological adaptaC'_ons vich an aster{sic.
Indicacor :.^.dicacor
Soec'_es S[a[us
Soecies �CaCUs
�re�s
�. zer�s
i. �:l Y - �
' _ _ _ _ -/�'�,,✓-- 7. �.,d��.�> �i•��,._� - ri�-C_;..�
_. 8. �e��,,, �!� <r,,,..---� - 0 �l.
3.
9.
Sa�I�n¢s/shrsos •
Noodv ��iaes
� r
J� /�
1'J.
5.
11.
6.
1'.
% oi spec:es [t:ac are OBL, c�C`.1 . �n
, aad/or c:�C. Q . Otier indica,ors:
::;�droonytic vege�acion: Yes � ya
9asis:
Soii
Se:ies and pnase: ��ihF„• �� �+? io�r,., On hydric soils I1sc? 'ies
, � ; Vo
:'!ottled: Yes / ; ;�o uot�?e caior:!OYQ¢ • w
/6 atr:s c�Ior: /5 �'�Z =✓,
Gleyed: Yes `Io �/ Other ind:cators:
`iYdr.ic sofls: 'fes � No • 3as�s: ' ' � -
� .�,-_ � �.,. .,
:�vdrolo¢v
Inundated: '.✓es ; vo / De�th or standing aacer- �"
Saturaced soils: Yes �; *10 Depcn co sacura�ed soil: "` ��
Other ±ndicators:
�e c'_and hydrology: Yes ✓; Vo :as is: � � �.� „,_� r � , � �
-J i�.�„ � C.-./r?µ
Atypical sitsa�ion• '!es vo � '
Yot-nal Circ�ms[ances'. Yes � yo
�ecland Decer-laacion• ++e[land J �
•7onwec'_and
Coeunents:
� �
�Y�<-�,. G� ,.11� I .�{ -1..,�:tin IlJ'IZII -I o,..
- f� �tr�. >>- 5+��� S�
�:. ,�. ,� v _ - ` !2'� De t j/
�� � �o�L �`r,+d+,.. z^�ined bv: � �� , ,
_=is_-,.-. —'o.�,. - -,��,• . - , -• l, ,� - . 3?
.,, ' - c.�, . > /�''S7 _., '%...� � �
� � r .'
' �ri� =OP,N 1
.:�:L.�`�D DE:'��.uI:�A:'..;`1
�1pplicant .appi'_cat�on a_
Vame: oject
.'ru�be-:
�+ame:
State: � r_ Countv: .' , t •
� - e3a: Desc:'a['_on: ToW-r,snl?:
Ran P•
Da[e: /�;� ��y4- Plot Yo. : � �i g_.
� Sect�on:
�Je�etation [11st the threc dominanc s�ec1 i,
es z eaca vegeca[icn laye: (j �`
oniy 1 or Z layers) j . Indicate spec'_es vi�!; oo9e_.�e� �or�noiogical or kno:an
physiological adaptations with an aster{su.
Indicacor
Soec±es j�dicator
Status
—�_ �oec'_es SCaCUs
�:ees
1. �-'� '�e��s
���ti /�✓�� ��
---_ �— ; G-
� ���'-� /1����t�� /�.�-. 3. IJc6'c�� �" �—, „l
3.
Sa�I_n2s/sn�uos
�OOC'� e
4. i'
�-�'I `�i�'_z 10. �
S. . J, JU�J� .✓� � )r
�r-,..,�. - 7
�`'i /Y�.�!' �� A V` � 1 1.
6- � ! '/�.�; ��/<�n,ir, �
, „
� ot species tha[ are OBL, =ACn, `
and/o- F.yC: ,t;,e- _^d:cators:
::�rdropn��tic vegecac?on: Yes
�'o das is:
Soil
Series and pnase: �;•,•��;,,• ;�, . ,
� � On hvcr'_c soils 1:sc' 'ies /
:".ottled: �eS �. : Vo
v° ".ot:1e c�ior: uat;;� c�ior: r'�,� �:
Gleyed: Yes —�� •.����-'� -"�'�
vo /� Other inc'_cacor;:
Eivdr.ic soils: Yes �
' Vo / aasis:
Yvdroioqy
inundated: Yes ; No ✓ De�t� o' standing :�a:er:
Satutated soils� Yes • yo ✓
' + Dept:� to sat;�ra�ed soil:
Ot`�er indicators: L,'�„�
ae�'_and 'nydrology: yeS � v / 1
� 3as�s:
�t;�pi�al situacion: Yes ; Vo �
Vor,nal C:rc::mscances? Yes ✓
Vo
wecland Dece:-���a�1on: '«etlar.d
�'v`:�2C�uP.Q ��/
CommenLS:
�� :�. . .- ; - ,� ;i
��' %�'�''� •.,I C s r� .%i..c ✓ _ .:t.'., --U .. � ,
� �
• 1 ! Decz:-�ined �:•: j ;, �!-_ �.,�
3?
. � -
�,�p q�-DO��//�7L�;r-cpC�G/,�C`��.�y�;/v�� %�'Ooo�-
' - Route To:
� Surveyor `�
. Development Review Engineer
FINAL PLAT REVIEW CHECKLIST
Plat Name: W��F�i�— 16w►-i�.,,�5 M�' Case Number(s) �'�"L'P °�8-�T�
Address: `"(� �U .Sv�J I`�`�,�N� ��.
(Do�IOT release addresses to the public without
consent of the Engineering Department.)
Contact name and phone �„n IV�--� � �SZ � ���7 Z-
(Fill in when plat is dropped offl
DATE RECEIVED: �v l� �(�
DATE FORWARDED TO SURVEY: I�IZ(o��( °�
SURVEY SECTION Check if Check if
Considered Okay
1, Street alignment and width,continuity � �U� �
2. Curve, corner,cul-de-sac radii ��tl i� ❑
3. Dedication, vacation, easement conveyance � �A �
4. Residential Survey Certificate match the map [�' �
Comments:
���f 't GIOS�.
l��ti� � z�5 �
�
By: �:��'��M � /D � 2�-q�
Surveyor's Signature Date
Page 1 of I
1�ENG�PRIV-0ENF7N-PLAT.DO'f
.
, �
� Route To: �
. 1. Planning
2. Building
3. Engineering Tech I
4. Development Review Engineer l
FINAL PLAT REVIEW CHECKLIST
Plat Na�ne: ��...Q�c�Ta.�h,t��s N1L� Case Number(s) ��g-�T
DATE RECEIVED: I6 �Z
DATE FORWARDED TO PLANNING: ls 2� �f 8
To: ��� �.�,C-�Z S
Planning Division Check if Check if
� Considered Okay
1. Phase boundaries 1�f G [� �
2. Lot and/or tract size and configuration � �
3. Lot numbers � ��
4. Access restrictions, reserve strips � [��
5. Condition of Approval Satisfied 5 e � �
�G��
6, Public & Private streets(location, width, etc....,) � [�/
7. Preliminary Plat approval date - 1 yr period OK � [�
8. Special Deed Restrictions(C.C.&R's) � ���Q Q Q���
9. O en S ace Dee d or De dication �``✓��N
P P c � o �,-o �Q o��d���i
10. SPECIAL SETBACKS ARE b Y ��`�`"�� (
r , P�o PQ�F� ow�
� �te v¢n✓' � < �oc a vQd�u� �D �f J
�e¢�"" �� � ZO �,e,e�" d�.c.e `F o `�S e. 5;z� o P-'F4 e w e�(4�s��ocl�'•
11. Assign Case Number(above) � �
Other Comments:
gy: /O Z 6 4�
P er's Signature ate
FORWARDED TO BUILDING DIVISION: 10 26 q'
Date
Page l of 4
1�ENG�PRIV-DEV�iIN-PLAT WT
' �RiJILDING DIVISION
Comments:
/�.� � J
By: ���� � ( /z
✓
� Buil mg Dept. Signature Date �
FORWARD TO ENGMEERING DEPARTMENT (Attn.:Engineering Tech/Engineering Records) /U /Z�/°/�' `�� ��
Date
ENGINEERING DEPARTMENT (Engineering Tech) Check if
Okay
Street Names Accepta.ble (�H
Manhole Numbers ❑
Assign Address(s) - (front page) Q�
Update City-wide maps [�
❑
Comments:
r � 1 '
�oa� ���.� • lVD l!�f��/.rL D y� �� d�,¢o ,CL LQ� C�6�ZG ��1��/
� (Jh� �i���� �� � ���f��
,
By: ��,�- � .
Engineering Tech's Signature Date
FORWAR.DED TO DEVELOPMENT REVIEW ENGINEER
Date
Page 2 of 4
I:�EN(TPRI V-0ENF4I-PLAT DOT
. •
ENGINEERING DEPARTMENT Check if
� Okay
Public Improvement Plans Approvable/Approved �
Public Improvement Fees/Deposits ❑
Right-of Entry, Release& Waivers, Easement �
(onsite - offsite)
Public Improvement Agreement �
Public Improvement Assurance �
Conditions of Approval Satisfied? �
Sewer Availability Letter Prepared ❑
Joint Access,Non-Remonstrance Agreement ❑
Comments:
By:
Development Review Engineer's Signature Date
Page 3 of 4
I�EN(,VRIV-0EV�FIN-PLAT.DOT
�
� i:,� l
IZeturned to Surveyor for Correction BY: �J �- �t��`'--T l
DATE: Il Z �
Fax to County Surveyor: "OK to review" BY: �—"
1 DATE: ��'I l� I`(�
Corrections Reviewed and Approved BY: 5�
DATE: ZI 23I i�19
Forwarded for City Signatures BY: �
DATE: ZI23I ��`��
�
Copy of Signed Plat Made and Put in File BY: ��
DATE: Z-�' �Q`�
Released to Developer for Recording BY:
DATE:
Authorize Eng. Tech I to release addresses BY:
Date:
Copy of Signed Plat to DST's BY:
Date:
Page 4 of 4
I:�EN4�PRi V-0E V�FP1-PLAT.DOT
. , •
FAX TRAN S M ITTAL
���..�;:
Date December 16, 1998
Number of pages including cover sheet 1
To: George Wiser From: Brian Rager
Co: WACO Surveyor's Office Co: City of Tiqard
Fax #: 681-2909 Fax #: 624-0752
Ph #: 639-4171. Ext. 318
SUBJECT: MLP 98-0007. Wildflower Properties Partition
MESSAGE:
We have completed our review of this plat and have issued our permit for work in the
public easement. Go ahead and review.
Thanks.
I1ENG\FAX.DOT
. �I-�P•OfficeJet Fax History Report for
Personal Prirrter/F�/Copier/Scanner Engineering
• 624 0752
Dec 16 1998 3:36pm
Last F�
Date �'ime Twe Identification D i n Pages Result
Dec 16 3:36pm Sent 6g 1�909 0:26 1 OK
Result:
t�K =��ack and �vhite f�
t�co�or - eoior fax
, ..