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SUB2003-00007 SUB2003 - 00007 CAPPOEN ESTATES SUBDIVISION NOTICE OF TYPE II DECISION !;Aix CAPPOEN ESTATES SUBDIVISION CMOF TIGARD Community(Development SUBDIVISION (SUB) 2003-00007 Shaping A Better Community 120 DAYS =10/29/2003 SECTION I. APPLICATION SUMMARY FILE NAME: CAPPOEN ESTATES SUBDIVISION CASE NO.: Subdivision (SUB) Type II SUB2003-00007 REQUEST: The applicant is seeking approval of a 6-lot subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. APPLICANT: Jerry Vosika and Jim Anderson AGENT: Compass Engineering PO Box 843 Karl Mawson Beavercreek, OR 97004 6564 SE Lake Road Milwaukie, OR 97222 OWNER: Ray and Suzanne Cappoen 11710 SW Walnut Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: The project is located behind 11710 SW Walnut, and is described as 2S103BD, Tax Lot 200 (Parcel 2 of the Cappoen Partition MLP2002-00005). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED subject to certain conditions, the request for Subdivision approval. The findings and conclusions on which the decision is based are noted in Section VI. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 1 OF 22 1 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 1 . Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover public street improvements and any other work in the public right-of-way. Eight (8) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). 2. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity whl be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 5. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 6. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 7. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, December 2000 edition." 8. A final grading.plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed-to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 2 OF 22 9. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 10. The applicant's construction plans shall show "No Parking This Side of Street" signs along one side of the internal street. 11 . The applicant's construction plans shall show the extension of a public sewer main line to serve this development. 12. The applicant's construction plans shall show the extension of a public storm sewer in the new public street to serve this development and upstream runoff. Submit to the Planning Division (Brad Kilby, 639-4171, ext. 2434) for review and approval: 13. The applicant shall sign and submit a Sign Compliance Agreement regarding the placement of temporary and permanent signage. 14. Prior to site work, the applicant shall install the tree protection to be used during construction to protect the trees identified on-site that are to be preserved, and any trees on adjacent properties that will likely be affected by construction on this site. The City Arbonst must inspect and approve the protection measures prior to site work. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. ) for review and approval: 15. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $210.00. (STAFF CONTACT: Shirley Treat, Engineering). 16. The final plat shall show the extension of SW Errol Street will have a right-of-way (ROW) width of 50 feet. 17. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). 18. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 19. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 20. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 3 OF 22 21. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount oT the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 426). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. The right-of-way dedication for SW Errol Street shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and Count have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 22. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar' copy of the recorded final plat. 23. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. 24. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). 25. Prior to issuance of the building permit, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as- builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as- built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 26. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. Submit to the Planning Division (Brad Kilby, 639-4171, ext. 2434) for review and approval: 27. At the time of building permit review, plans for the construction of individual homes on individual lots in the subdivision shall demonstrate compliance with setbacks and building height requirements, per Table 18.510.2. 28. At the time of application for building permits for individual homes, the applicant shall demonstrate that each site will be accessed by a minimum 10-foot-wide paved access. 29. At the time of submittal for building permits for individual homes within the development, the developer shall submit materials demonstrating that one (1) off-street parking space, which meets minimum dimensional and setback requirements as specified in Title 18, will be provided on-site for each new home. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 4 OF 22 30. Prior to the issuance of building permits on individual lots, the applicant shall provide staff with verification that the following note is within the Homeowners Association Agreement. "Prior to constructing fencing on any corner lot, plans must be submitted to the City of Tigard to verify visual clearance standards are met." 31 . Prior to the issuance of building permits, the applicant shall submit a complete street tree plan showing the required plantings on SW Errol Street and the private street for review and approval. The street tree plan shall include information on the species, size, and location of the proposed street trees. The street tree plan shall also demonstrate compliance with all relevant standards in Sections 18.745.030 and 18.745.040. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: 'Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1 . An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision 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. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 5 OF 22 STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface- mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land dividers engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 6 OF 22 SECTION III. BACKGROUND INFORMATION Vicinity Information: The site is surrounded by single-family homes. There are no structures on the property. The subject site was created as a result of the Cappoen Minor Land Partition (MLP2002-00005). A search of city records found no other activity on the site. Site Information and Proposal Description: The site is relatively flat with slopes ranging from 0 to 5%. There are no structures on the subject property. The proposal is to divide 1.32 acres into six parcels that would range in size between 6,099 and 10,642 square feet. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The applicant is proposing to construct 6 new single-family dwellings on a vacant 1.32 acre parcel. Detached single-family dwellings and open space are permitted outright in the R-4.5 zoning district. Decision Making Procedures: Chapter 18.390 Describes the decision-making procedures. Type II procedures apply to quasi-judicial permits and actions that contain some discretionary criteria. Type II actions are decided by the Director with public notice, and appeals are heard by the Hearing's Officer. This particular land use action is subject to a type II review procedure. SECTION V. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal and be given the opportunity to provide written comments prior to a decision being made. The site was posted and notice sent. Staff did not receive any comments from the surrounding neighbors. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS IMPACT STUDY: Section 18.390.040.B.e Requires that the applicant shall include an impact study. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Rough Proportionality Analysis Based on a transportation impact study prepared for the A-Boy Expansion/Dolan/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development. Presently, the TIF for each residential trip that is generated is $253. According to the Washington County TIF ordinance, 32 percent of a projects impacts are met by its TIF assessment in Tigard. This leaves 68 percent unmitigated. The actual cost of system improvements per trip generated by new development on the Tigard arterial and collector street system can be determined by the following equation (Larson, Mackenzie Engineering, Dolan Endings, June 1995): NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 7 OF 22 $253 divided by .32 equals $790. ($253 is the residential use trip rate per trip TIF assessment according to the Washington County TIF ordinance). According to the ITE manual figures and the TIF ordinance, a single-family residential unit generates 10 average weekday trips per dwelling unit, per day. Because there are six new dwelling units proposed, 60 trips are generated per day for this site, and the TIF on this project will be approximately $15,180. The applicant is not required to make any off site improvements. The Construction of SW Errol Street is necessary to serve the lots of the development. There are no unmitigated impacts associated with this development. FINDINGS: Using the above cost factors, it can be determined that there are no unmitigated impacts associated with this development, and the conditions meet the rough proportionality test and are thereby justified. LAND DIVISIONS - SUBDIVISONS: CHAPTER 18.430 Subdivision Approval Criteria (Preliminary Plat): 18.430.040 The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations The proposal, as conditioned, will comply with the applicable zoning ordinance and all other applicable regulations. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. To insure that the name is not duplicative, the applicant has provided materials demonstrating that the Cappoen Estates name has been reserved with Washington County. This criterion is met. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. The applicant has proposed to extend SW Errol Street to the west property line. The City Engineer, in his discussion of this proposal finds that there are no other potential street connections to be considered in this area. This criterion has been met. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements as required and, therefore, satisfied this criterion. Specific details of the proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards, Section 18.810. FINDING: Based on the analysis above, the proposal meets, or will be conditioned in this decision to meet, the preliminary plat approval standards for subdivisions. ZONING DISTRICT Residential Zoning District: Section 18.510.020 The R-4.5 Low-Residential zoning district is designed to accommodate detached single-family units at a minimum lot size of 7,500 square feet. This proposal fits this criteria and is discussed in the following section of this decision. Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2 below: The subject site and the surrounding properties are all designated R-4.5 Low-Density Residential. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 8 OF 22 EXCERPT FROM TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-1 R-2 R-3.5 R-4.5 R-7 Minimum Lot Size - Detached unit 30,000 sq.ft. 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. 5,000 sq. ft. - Duplexes 10,000 sq.ft. 10,000 sq.ft. - Attached unites 5,000 sq.ft. Average Minimum Lot Width - Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. 50 ft. - Duplex lots 90 ft. 90 ft. 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage - - - - 80% [2] Minimum Setbacks - Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft. - Side facing street on corner& through lots 20 ft. 20 ft. 20 ft. 15 ft. 10 ft. - Side yard 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. - Rear yard 25 ft. 25 ft. 15 ft. 15 ft. 15 ft. - Side or rear yard abutting more restrictive zoning district 30 ft. - Distance between property line and front of garage 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Maximum Height 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. Minimum Landscape Requirement - - - - 20% [1] Single-family attached residential units permitted at one dwelling per lot with no more than five attached units in one grouping. [2] Lot coverage includes all buildings and impervious surfaces. Since the proposed development is a subdivision, in which lots will be developed individually at a later time, it is not possible to demonstrate compliance with setback and building height requirements at this time. The proposal is to create 6 lots that vary in size from 6,099 square feet to 10,642 square feet. The Tigard Development Code (TDC) Chapter 18.430.020(D) allows for the averaging of lot sizes to meet the minimum size standard. The average lot size of this development is 8,051 square feet. Additionally, no lot may be smaller than 80 /o of the required lot size within the underlying district. In this case, no lot can be smaller than 80% of 7,500 square feet, which is 6,000 square feet. None of the proposed lots are below 6,000 square feet in area. The proposed lot widths range from 71.9 to 82.1 feet. FINDING: The proposed project complies with all development standards in residential zones, with the exception of setback and building height regulations, which cannot be evaluated at this time. To ensure that all code requirements are satisfied, the following condition shall apply: The average lot size of this development will be 8,051 square feet. The lot size standard has been satisfied according to TDC 18.430.020(D) CONDITION:At the time of building permit review, plans for the construction of individual homes on individual lots in the subdivision shall demonstrate compliance with setbacks and building height requirements, per Table 18.510.2. ACCESS, EGRESS, AND CIRCULATION: CHAPTER 18.705 Minimum access requirements for residential use: Section18.705.030H. Access Management Section 18.705.030.H) Section 18.703.0301 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. NOTICE OF TYPE II DECISION SUB2003-00007—CAPPOEN ESTATES SUBDIVISION PAGE 9 OF 22 The applicant has indicated that vision clearance standards for the new individual driveways will be met. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. SW Errol Street is a local street and SW 116th Avenue is a Neighborhood Route. Therefore, this standard does no apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The applicant is extending an existing local street. There vyill be one private street to serve lots 5 & 6. This private street is well over 125 feet from SW 116 h Avenue. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; TABLE 18.705.1 VEHICULAR ACCESS/EGRESS REQUIREMENTS: RESIDENTIAL USE (6 OR FEWER UNITS) Number Dwelling Minimum Number of Minimum Access Width Minimum Pavement Width Unit/Lots Driveways Required 1 or 2 1 15 feet 10 feet 3-6 1 20 feet 20 feet FINDING: All proposed lots will have more than the required 15 feet of access frontage required for single-family dwellings. To ensure that the minimum width pavement requirement is met at the time of development of each parcel, the following condition shall apply: CONDITION:At the time of application for building permits for individual homes, the applicant shall demonstrate that each site will be accessed by a minimum 10-foot-wide paved access. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units. This is a proposal for a single-family development. This standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. The individual homeowners will maintain the access drives once the property is developed and sold. The maintenance of the private street serving lots 3-6 is the responsibility of the homeowners, and has been addressed later in this discussion. The Tualatin Valley Fire and Rescue district has reviewed the proposal and the comments have been incorporated where necessary. This criterion is satisfied. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 10 OF 22 Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet;. The maximum cross slope of a required turnaround is 5%. The private street serving lots 3-6 is 122 feet long. This criterion is not applicable. The street is discussed in more detail under the street and utility section. This criterion has been met. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length. There are no proposed driveways in this development that exceed 200 feet in length. The deepest lot in the proposed development is 130 feet, therefore, this criterion does not apply. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. This standard does not apply to this proposal as no driveway approaches to arterials or collectors are proposed. FINDING: As conditioned, the proposed development will comply with all applicable access, egress, and circulation requirements of Chapter 18.705. DENSITY COMPUTATIONS: CHAPTER 18.715 Density Calculation: 18.715.020 Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: • All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. • All land dedicated to the public for park purposes; • All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: Single-family development: allocate 20% of gross acreage; Multi-family development: allocate 15% of gross acreage. • All land p roposed for private streets; and • A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. The net development area is determined by subtracting from the gross area, the land needed for public streets. The calculations are as follows: Gross lot area 57,499.2 square feet Street dedication 10,014 square feet NET DEVELOPABLE AREA 47,485.2 square feet NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 11 OF 22 To calculate the maximum allowed density, net developable area is divided by the minimum allowed square footage within the zone, as follows: R-4.5 zone 47,485.2/7500 = 6.33 dwelling units FINDING: The proposed six dwelling units do not exceed maximum density. Therefore, this standard is met. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The minimum required density is determined by the following calculation: 6.33 X 0.80 = 5.06 FINDING: The standard for minimum density is met. ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725 Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: As this is a typical detached single-family project, which is a permitted use in the R-4.5 zone, none of the environmental conditions that have been listed above will be compromised beyond allowable levels. The above performance standards are met. These standards would be subject to code enforcement investigation if for some reason the above standards were in question. LANDSCAPING AND SCREENING: CHAPTER 18.745 Establishes standards for landscaping, buffering and screening to enhance the aesthetic environmental quality of the City. NOTICE OF TYPE H DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 12 OF 22 The R-4.5 zoning district does not require landscaping, and there is no landscaping proposed with this project. Once the property is sold and developed, the new property owners will presumably landscape their yards. This criterion does not apply. Section 18.745.040. states that all development projects fronting on a public street, private street, or a private driveway more than 100 feet in length after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. FINDING: The applicant has not provided a street tree plan for the development, nor has he indicated in the project narrative that subdivision improvements will include the planting of street trees in conformance with the Tigard Development Code standards. This criterion is not satisfied. CONDITION:Prior to the issuance of building permits, the applicant shall submit a complete street tree plan showing the required plantings on SW Errol Street and the private street for review and approval. The street tree plan shall include information on the species, size, and location of the proposed street trees. The street tree plan shall also demonstrate compliance with all relevant standards in Sections 18.745.030 and 18.745.040. Buffering and Screening: Section 18.745.050 Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The subject site is surrounded by single-family developments, therefore, there is no requirement for buffering and screening for this project. FINDING: As conditioned, the proposed development will comply with all applicable Landscaping and Screening requirements of Chapter 18.745. OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765 This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The proposed project will create 6 new lots for single-family dwellings. Submittal of detailed plans for the construction of homes within the development are not necessary at this time. Table 18.765.2 requires that one (1) off-street parking space be provided per detached dwelling unit. There is no maximum limit on parking allowed for detached single-family dwellings. There is also no bicycle parking requirement for single-family dwellings. Staff notes that there is a 20-foot required setback from the face of garages to property lines in all residential zones. To ensure that homes constructed in this development comply with these standards, the following condition shall apply: CONDITION: At the time of submittal for building permits for individual homes within the development, the developer shall submit materials demonstrating that one (1) off-street parking space, which meets minimum dimensional requirements and setback requirements as specified in Title 18, will be provided on-site for each new home. SIGNS: CHAPTER 18.780 Requires that a permit be issued for any sign that is erected, re-erected, constructed, structurally altered, or relocated within the City Limits. The applicant has not provided the needed information to issue a sign permit because it is not necessary to do so at this time. However, the City has experienced an inundation of illegal sign problems with new subdivisions that fail to comply with the sign code requirements. Therefore, the following condition is warranted. FINDING: In order to increase the awareness of the sign regulations, and prevent the placement of illegal signs, the following condition is warranted. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 13 OF 22 CONDITION: The applicant shall sign and submit a Sign Compliance Agreement regarding the placement of temporary and permanent signage. TREE REMOVAL: CHAPTER 18.790 A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided an arborist report dated June 1, 2003 from Robert Mazany, certified arborist. In the report, the arborist states that there is only one tree on site that is over 12 inches in diameter. The applicant has stated that they intend to retain the tree. As such there are no mitigation requirements for this proposal. The City Arborist has stated in his comments that any trees on adjacent properties that may be affected by construction on this property must be protected. FINDING: The proposal retains 100% of the trees that are over twelve inches; therefore, there is no mitigation required for this project. CONDITION:Prior to site work, the applicant shall install the tree protection to be used during construction to protect the trees identified on-site that are to be preserved, and any trees on adjacent properties that will likely be affected by construction on this site. The City Arborist must inspect and approve the protection measures prior to site work. Visual Clearance Areas: Section 18.795 Clear vision area shall be maintained on the corners of all roperty adjacent to intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height, measured from the top of the curb, or where no curb exists, from the street center grade, except the trees exceeding this height may be located in this area, provided all branches below eight feet are removed. For arterial streets the visual clearance shall not be less than 35 feet on each side of the intersection. No specific plans for the construction of structures are required through the subdivision process. Compliance with vision clearance requirements shall be confirmed through the building permit process for all homes to be constructed within the development. The applicant has indicated in the narrative that there will be no obstructions placed within these areas. While this standard will be reviewed through the development review and construction process for placement of structures, since no building permit is required for the fences, a condition will be imposed to ensure compliance with this standard. FINDING: Staff cannot determine if the visual clearance standards will be met without reviewing specific site plans for construction. In order to assure that review for compliance is accomplished, the applicant shall reflect the following condition in the Homeowners Association Agreement. CONDITION: Prior to the issuance of building permits on individual lots, the applicant shall provide staff with verification that the following note is within the Homeowners Association Agreement. "Prior to constructing fencing on any corner lot, plans must be submitted to the City of Tigard to verify visual clearance standards are met." Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 14 OF 22 • Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a local residential street to have a 42 to 50-foot right-of-way width and a 24 to 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Errol Street, which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 44 feet of ROW to the east of this project, according to the most recent tax assessor's map. The applicant is proposing to dedicate 50 feet of right of way. SW Errol is currently developed up to the east property line of the proposed development. The applicant is proposin g to construct a new east-west, public street. This street will be classified as a local street. The applicant is also proposing on-street parking on one side only. The applicant shall install "No Parking This Side of Street" signs along one side of the new public street. Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also sates that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized IN the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The applicant's Preliminary Street Plan shows a future street plan to the west. Staff concurs with the applicant's conceptual plan. Cul-de-sacs: 18.810.030.K states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac. • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. There are no cul-de-sacs formed by this development. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 15 OF 22 Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is recluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The applicant is proposing to construct a new east-west, public street to serve this site. This public street could be extended to the west with future development. Therefore, the criterion is met. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The proposed street extension has grades less than 5%, thereby meeting this criterion. Access to Arterials and Major Collectors: Section 18.810.030.P states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. This section does not apply, as the site does not have frontage on a collector or arterial street. Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant has proposed one private street for access to lots 5 & 6. The private Tract A is 20 feet wide with 12 feet of paving. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R s) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 16 OF 22 Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. This criterion does not apply to this project because it is surrounded by preexisting development that is beyond the control of this applicant. This criterion has been met. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. Bicycle and Pedestrian connections are provided from this development by way of the construction of SW Errol Street. The continuation of this street when the property to the west is developed will provide a connection through to SW Walnut. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. All proposed lots have lot depths which are less than 2.5 times their average lot widths. The deepest lot is 130 feet, and the narrowest lot is 71.9. Consequently, the above criterion is met. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single- family dwelling unit, the frontage shall be at least 15 feet. Lot frontage varies from 25 feet to 82.1 feet on the proposed lots. All proposed lots have at least the required 25 feet of frontage on a public street. This criterion is met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. By constructing sidewalks along SW Errol Street, this criterion will be met. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an 8-inch line in SW Errol Street. The applicant is proposing to extend the sewer to the west end of the street extension. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 17 OF 22 Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There is a culvert on the west end of the proposed street extension. The applicant will extend the public storm sewer line in SW Errol Street to serve the proposed development and pick up the runoff from the adjacent site. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The site slopes slightly downward to the east and north towards Walnut Street. There is an existing storm sewer connectior1 stubbed to the west end of SW Errol Street. This line connects to a 15" storm sewer in 116' Avenue that flows north to Walnut Street and eventually discharges to an unnamed tributary to Fanno Creek at about 1121 Avenue. The applicant is proposing to construct a public storm sewer in the new public extension of SW Errol Street. The applicant is also providing detention and water quality prior to discharging to the existing public storm sewer. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. The site is not encompassed by any proposed or existing bike or pedestrian way. SW Errol is not designated as a bicycle facility. This criterion does not apply. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. As discussed above, this site does not principally benefit from any existing or proposed bikeway, therefore this criterion does not apply. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 18 OF 22 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. As discussed above, this site does not principally benefit from any existing or proposed bikeway, therefore this criterion does not apply. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are no existing overhead utility lines along the frontage of SW Walnut Street ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: 1 he applicant is proposing to connect a new 6-inch water line to the existing 8-inch line in SW Errol Street, running westerly in the new public street. Storm Water Quality: he City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 19 OF 22 Grading and Erosion Control: CWS l esign and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. Since this site is over 1 acre in size an NPDES permit will be required. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $210.00 (7 lots and/or tracts X $30/address = $210.00). The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VII. OTHER STAFF COMMENTS City of Tigard Property Manager/Operations Department has reviewed this application and has no objections to the subdivision. City of Tigard Building Official has reviewed the application and has no objections to the subdivision. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 20 OF 22 • The City of Tigard Urban Forester has reviewed this application and offered comments regarding tree species selection and planting which are incorporated into this decision under Chapter 18.790. SECTION VIII. AGENCY COMMENTS Comcast has reviewed this proposal and has no objections to the proposal. Tualatin Valley Fire and Rescue reviewed the submittal and provided the following comments: 1) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) 2) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1 . (UFC Appendix III-A, Sec. 5) 3) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) Please contact Eric McMullen at (503) 612-7010 with any additional questions. Clean Water Services, Tri-Met, PGE, NW Natural Gas, Verizon, The Tigard/Tualatin School District, and AT&T Cable were notified but no comments were provided. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON AUGUST 20, 2003, AND BECOMES EFFECTIVE ON SEPTEMBER 5, 2003 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Director (Type I I Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.6.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 21 OF 22 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON SEPTEMBER 4, 2003. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. / 'n' �} August 20, 2003 PREP ED BY: Brad Kilby DATE Associate Planner AI° �' et-Sof August 20, 2003 APPROVED BY: Richard Bewer-.er DATE Planning Man.ger NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 22 OF 22 rillrilW R-WP _� I CITY of TIGARD . ,. re -J 4 GEOGRAPHIC INFORMATION SYSTEM ■-r = = S VICINITY MAP ■ ■" ;------- �_> 1 m m IP �r , - SUB2003-00007 • • - 1 illar Aim" iniume. 1 CAPPOEN ESTATES IW � AN N td SUBDIVISION ... , Dalli ,„„wilm,- , W ■� =SWBAM:ILN , j ' W Q le I ST r +,.Q M■ _ IF�� r ' �� ;•� — , who al -0000 4,7i,- .,,,,,,,,,,,,. el p oat �� allik 1 6TIPPITT P� , 1 1111111111 IIIIIII■ CARMEN ST I �� Tlyerd Mee 111 11.11.-j J g 110 N SpQWNF )414 L� 1 0 200 400 600 Feel 4 h] 1T --�`—, `````ALBERTA ST , A. low V 11.( .7i'ii •„ : ill 1 � City of Tigard jilliairellamarjA I ould .Uon on lhis h 6P is for lopm. 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I ■ ' L —J i L—�� _ r I , ng >tY TL 5100 f LOT i _ 1------1 I I \ / 5 I - I I 6 / SASS J TL 5200 ' I ', L�; LOT a ; f 1 7.171 s F. i - -J 1.------------ I -- -- OS/ TL 2100 I TL 5300 I _ = r LOT 10 101 9 TL 2000 r OF TIGARD t CITY CAPPOEN ESTATES SUBDIVISION SATE PLJ\N CAP (Map is not to scale) N . . REQUEST FOR COMMENTS MEMORANDUM CITY OF TIGARD, OREGON DATE: 08/12/03 TO: Brad Kilby, Associate Planner FROM: Kim McMillan, Development Review Enginee RE: SUB2003-00007 Cappoen Estates Subdivision Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant has indicated that vision clearance standards for the new individual driveways will be met. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. SW Errol Street is a local street and SW 116th Avenue is a Neighborhood Route. Therefore, this standard does no apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 1 The applicant is extending an existing local street. There will be one private street to serve lots 5 & 6. This private street is well over 125 feet from SW 116th Avenue. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 50 right-of-way width and 28-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Errol Street, which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 44 feet of ROW to the east of this project, according to the most recent tax assessor's map. The applicant is proposing to dedicate 50 feet of right of way. SW Errol is currently developed up to the east property line of the proposed development. The applicant is proposing to construct a new east-west, public street. This street will be classified as a local street. The applicant is also proposing on-street parking on one side only. The applicant shall install "No Parking This Side of Street" signs along one side of the new public street. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 2 continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The applicant's Preliminary Street Plan shows a future street plan to the west. Staff concurs with the applicant's conceptual plan. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The applicant is proposing to construct a new east-west, public street to serve this site. This public street could be extended to the west with future development. Therefore, the criterion is met. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The proposed street extension has grades less than 5%, thereby meeting this criterion. ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 3 Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant has proposed one private street for access to lots 5 & 6. The private Tract A is 20 feet wide with 12 feet of paving. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 4 • Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. PLANNING Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant will be constructing sidewalks with this development, thereby meeting this criterion. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an 8-inch line in SW Errol Street. The applicant is proposing to extend the sewer to the west end of the street extension. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 5 Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There is a culvert on the west end of the proposed street extension. The applicant will extend the public storm sewer line in SW Errol Street to serve the proposed development and pick up the runoff from the adjacent site. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The site slopes slightly downward to the east and north towards Walnut Street. There is an existing storm sewer connection stubbed to the west end of SW Errol Street. This line connects to a 15" storm sewer in 116th Avenue that flows north to Walnut Street and eventually discharges to an unnamed tributary to Fanno Creek at about 112th Avenue. The applicant is proposing to construct a public storm sewer in the new public extension of SW Errol Street. The applicant is also providing detention and water quality prior to discharging to the existing public storm sewer. Bikeways and Pedestrian Pathways: ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 6 Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW Errol Street is not classified as a bicycle facility. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. There are no existing overhead utility lines along the frontage of SW Walnut Street ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 7 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The applicant is proposing to connect a new 6-inch water line to the existing 8- inch line in SW Errol Street, running westerly in the new public street. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 8 public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. Since this site is over 1 acre in size an NPDES permit will be required. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $ 30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $210.00 (7 lots and/or tracts X $30/address = $210.00). The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 9 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover public street improvements and any other work in the public right-of-way. Eight (8) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 10 The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, December 2000 edition." A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. The applicant's construction plans shall show "No Parking This Side of Street" signs along one side of the internal street. The applicant's construction plans shall show the extension of a public sewer main line to serve this development. The applicant's construction plans shall show the extension of a public storm sewer in the new public street to serve this development and upstream runoff. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 11 Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of$210.00. (STAFF CONTACT: Shirley Treat, Engineering). The final plat shall show the extension of SW Errol Street will have a ROW width of 50 feet. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s)will be jointly owned and maintained by the private property owners who abut and take access from it (them). Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 426). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 12 D. The right-of-way dedication for SW Errol Street shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). Prior to issuance of the building permit, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 13 and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 14 The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision 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. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 15 Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 16 The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ENGINEERING COMMENTS SUB2003-00007 Cappoen Estates PAGE 17 TUALATIN VALLEY FIRE & RESCUE • SOUTH DIVISION °° COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION Tualatin Valley Fire & Rescue July 9, 2003 Brad Kilby, Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re: Cappoen Estates Subdivision Dear Brad, I have reviewed the submittal for the above named project and have the following comments: 1) REFLECTIVE HYDRANT MARKERS: Fire hydrant_locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901 .4.3) 2) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes shall be 1 ,000 gallons per minute. If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-Ill-A-1 . (UFC Appendix III-A, Sec. 5) 3) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) Please contact me at (503) 612-7010 with any additional questions. Sincerely, Eric T . McMullen Eric T. McMullen Deputy Fire Marshal 7401 SW Washo Court, Suite 101 •Tualatin,Oregon 97062 •Tel. (503)612-7000•Fax(503)612-7003•www.tvfr.com Jul 07 03 10: 04a RT`T Commercial Sales NW 50'16056230 p. 2 REQUEST FOR COMMENTS CRY OF TIOARD Community CDevctopnent Shaping)1(Better Community HATE: July 3,2003 TO: Jamie Stencil,Comcast Cable Corporation FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilhv,Associate Planner(x2434) Phone: (5031639-4111/Fax: (5031 684-7297 SUBDIVISION(SUB)2003-00001 ➢ CAPPOEN ESTATES SUBDIVISION REQUEST: The applicant is requesting approval of a six-lot Subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. LOCATION: 11710 SW Walnut Street; WCTM 2S103BD, Tax Lot 200. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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:NPED"Y!;Oillgti+ bMME l " I��Mit i13y`�OOLY;17,,.200 You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above 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 FOLLQWING',ITEMS THAT APPLY: We have reviewed the proposal and have no objections to Please contact of our office. Please refer to the enclosed letter. Written comments provided below: -->7.77\ Name& Phone Number of Person Commenting: ,S-re c. �_ 3) 464, REQUEST FOR COMMENTS CST'O IGARD Community(Development Shaping Better Community DATE: July 3,2003 TO: Mark Vandomelen,Residential Plans Examiner FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby,Associate Planner(x2434) Phone: (503)639-4111/Fax: (503)684-1291 SUBDIVISION(SUB)2003-00007 CAPPOEN ESTATES SUBDIVISION < REQUEST: The applicant is requesting approval of a six-lot Subdivision of 1 .32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. LOCATION: 11710 SW Walnut Street; WCTM 2S103BD, Tax Lot 200. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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: JULY 17, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above 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: Name & Phone Number of Person Commenting: REQUEST FOR COMMENTS CITY OF IIGARD Community(Development Shaping Better Community DATE: July 3,2003 TO: Matt Stine,Urban Forester/Public Works Annex FROM: City of Tigard Planning Division STAFF CONTACT: Brad Nilby,Associate Planner[x24341 Phone: [5031639-4171/Fax: [5031684-1291 SUBDIVISION[SUB)2003-00001 CAPPOEN ESTATES SUBDIVISION REQUEST: The applicant is requesting approval of a six-lot Subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. LOCATION: 11710 SW Walnut Street; WCTM 2S103BD, Tax Lot 200. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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: JULY 17, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above 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: /IMO R(S REM.RT t. rf EKc EPT bus onl 1V (4 c+Bo12MI4 PRoPE-2rra MksT c D E-Arn Ft ED 4- A c-t!o tAgt-c.b Fo dz l -(k PRoTE CT(0 . NEI( f4QR.IJA RE /4usr 13E f ICo _TEA 4f , M (SSA. Name & Phone Number of Person Commenting: REQUEST FOR COMMENTS CI TIfGARD Community Development Shaping Better Community DATE: July 3,2003 TO: Dennis Koellermeier,Operations Manager/Water Department FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilhy,Associate Planner[x2434) Phone: [503)639-4171/Fax: [503)684-7291 SUBDIVISION(SUB)2003-00007 CAPPOEN ESTATES SUBDIVISION Q REQUEST: The applicant is requesting approval of a six-lot Subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. LOCATION: 11710 SW Walnut Street; WCTM 2S103BD, Tax Lot 200. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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: JULY 17, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above 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: Name & Phone Number of Person Commenting: r%� D( dee 07 REQUEST FOR COMMENTS CITY Community Deveropment Shaping Better Community DATE: ly 3,2003 TO: '. � 1� Roy,Property Manager/Public Works Annex RECEIVED PLANNING FROM: City of Tigard Planning Division 3UL 9 9 2003 STAFF CONTACT: Brad Kilby,Associate Planner[x24341 CI-p( OF TIGARD Phone: [5031639-41/1/Fax: [503)684-1291 SUBDIVISION[SUB)2003-00001 CAPPOEN ESTATES SUBDIVISION < REQUEST: The applicant is requesting approval of a six-lot Subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. LOCATION: 11710 SW Walnut Street; WCTM 2S103BD, Tax Lot 200. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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: JULY 17, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above 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: 1Name & Phone Number of Person Commenting: REQUEST FOR COMMENTS CITY OF IGARD Community(Development Shaping Better Community DATE: July 3,2003 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Brad Kilby,Associate Planner[x24341 Phone: [5031 639-4171/Fax: [5031 684-7297 SUBDIVISION[SUB)2003-00001 CAPPOEN ESTATES SUBDIVISION < REQUEST: The applicant is requesting approval of a six-lot Subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. LOCATION: 11710 SW Walnut Street; WCTM 2S103BD, Tax Lot 200. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials 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: JULY 17, 2003. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above 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: Name & Phone Number of Person Commenting: 4. . CITY TIGARD REQUEST FOR CO P 'NTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIOS , r4 �vi FILE NOS.: �,01S ' ('r . - An", FILE NAME: A6 t, v -�(�-. - ' CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: DCentral ❑East ['South ❑West @Proposal Descrip. in Library CIT Book CITY OFFICES LONG RANGE PLANNINGiBarbara Shields,Planning Mgr_ _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. _POLICE DEPTJJim Wolf,Crime Prevention Officer BUILDING DIVISION/Gary Lampella,Building Official ENGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer_WATER DEPTJDennis Koellermeier,Operations Mgr. CITY ADMINISTRATION/Cathy Wheatley,City Recorder _PUBLIC WORKS/John Roy,Property Manager _PUBLIC WORKS/Matt Stine,Urban Forester PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING( _C.D./Sherman Casper,Permit Coord.(sowcuP re:TIF) SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.*(UALATIN VALLEY FIRE 8,RESCUE* TUALATIN VALLEY WATER DISTRICT♦ CLEANWATER SERVICES S Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN • _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge _ Irish Bunnell,Development Services 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knight,Data Resource Center(zcA) _US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris _ Mel Huie,Greenspaces Coordinator(CPA/ZOA) Larry French(Comp Plan Amendments Only) Routing CENWP-OP-G _CITY OF KING CITY * _ Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powenines in Area) _OR.DEPT OF AVIATION(Monopole Towers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue CITY OF LAKE OSWEGO* Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Brent Curtis(cPA) Lake Oswego,OR 97034 _Gregg Leion(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 +11 _Anne LaMountain(lcwuRB) CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Marah Danielson,Development Review Coordinator _Phil Healy(IG,vuRe) Planning Bureau Director Regional Administrator _Carl Toland, Right-of-Way Section(vacations) _Steve Conway(General Apps) 1900 SW 41"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer IcPNZCAIos,, Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 Jim Nims(zcA)Ms 1s Doria Mateja(zcA)MS 14 WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(Monopole Towers) _ODOT,REGION 1 -DISTRICT 2A Dave Austin Jane Estes,Permit Specialist PO Box 6375 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97007-0375 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _AT&T CABLE _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann (If Project is Within'/ Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERIZON _QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Patty Stambaugh,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. _AT&T CABLE tWe.EolKANor99W) T Marsha Butler,Administrative Offices Jan Youngquist,Demographics Melody Malone Diana Carpenter 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List 2.doc (Revised: 3/25/03) MAILING / NOTIFICATION RECORDS • ��Iji AFFIDAVIT OF MAILING CITY OF TIGARD Community'Development Shaping Better Community I, cPatrtcia L. Lun ford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City oWashington County, Oregon and that I served the following: (Check Aoomonate Box(s)Below) © NOTICE OF PENDING LAND USE APPLICATION FOR: SUB2003-00001/CAPPOEN ESTATES SUBDIVISION AMENDED NOTICE (Poe No!Name Reference) Z City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B",and by reference made a part hereof, on July 3,2003, and deposited in the United States Mail on July 3,2003, postage prepaid. lik,/ � / Ar"I.".AL-A-a 4 /la alw.....m..„.. ,--A:56- .p. (Person t.- Prep-red No . e), STATE OAF oEGoN ) County of Washington )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the ,� day of W zs , 2003. 11(J OFFICIAL SEAL J BENGTSON ' NOTARY PUBLIC-OREGON MY COMMISSION COMMISSION EXPIRES APR.27,2007 / I , ' ' ' I : . I I ' I ' My Commission Expires: i NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: EXHIBIT THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION CITY TIGARD SUBDIVISION Community(Development Shaping ll Better Community • DATE OF NOTICE: July 3, 2003 FILE NUMBER: SUBDIVISION (SUB) 2003-00007 FILE NAME: CAPPOEN ESTATES SUBDIVISION PROPOSAL: The applicant is requesting approval of a six-lot Subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. LOCATION: 11710 SW Walnut Street; WCTM 2S103BD, Tax Lot 200. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON JULY 17, 2003. All comments should be directed to Brad Kilby, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171 or by e-mail to bradley ci.tigard.or.us. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR AUGUST 5, 2003. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." — -.� . -� _._� - - •= CITY a1 TIGPRD .•• �•�,,,�� -= �=�=: Az a VICINITY MAP ■ 11 1W 'ter ,�--i.■ .k` •/,l 1 ► ■�1� SUB7003-00007 ui1110 El� CAPPOEN ESTATES ��Val 1111 lilt �i; SUBDIVISION 1.111 ` �� 111 1 -�10 En �y __r . MOM Awl' _ ■II IIVE lifr "Ea I. I "AlPirMag il 110111.11111 01111 ____,„ ii Etna a .r.. .„,,teo,i, ..... ... 1.9,,,,,, .... - . • . a II Ili' . „■ ■■1■1■ • N mil..... Ms ��1�ir gu■`�� I '�`��� 1.■......■ ■�� �■■_ ■.. ran�tiil ���■■: •rJaJphJZrv..��.��.��.. 2S103AC-04700 2S103BD-07200 EXHIBIT 3 ABEYTA IRENE I BAYLEY GLEN M&LAURIE M 12501 SW 114TH TER 12517 SW 115TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-00900 2S 1038 D-05800 ALLEN ELIZABETH A&STEVEN P BAZZEL JESSIE R&ALICIA L 12540 SW 121ST AVE 12727 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-00901 2S 103BD-01300 ALLEN STEVEN P&ELIZABETH A BERGQUIST R KELLY 12540 SW 121ST AVE MERRILL M TIGARD,OR 97223 12660 SW 121ST TIGARD,OR 97223 2S103BA-01001 2S103BD-02700 ANDERSON EDWARD L& BIEHL PHILIP D&LINDA M ANDERSON MARY ANNE 11940 SW CARMEN ST PO BOX 23593 TIGARD,OR 97223 TIGARD,OR 97281 2S 1038A-01002 2S 103BD-07600 ANDERSON EDWARD L& BOECK MARK G&CATHERINE L MARY ANNE 12621 SW 115TH AVE PO BOX 1081 TIGARD,OR 97223 ST HELENS,OR 97051 2S 103BA-00103 2S 103BA-00800 ANDERSON EDWARD L&MARY ANNE BOOTH DAVID&MARY P PO BOX 23593 11865 SW WALNUT ST TIGARD,OR 97281 TIGARD,OR 97223 2S103BA-01003 2S103BD-00600 ANDERSON EDWARD L&MARY ANNE BOYCE RONALD J/ANA L 11975 SW WALNUT ST 11970 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-06500 2S 103BD-02200 ARIFIN LESLIE P& BOYEAS GEORGE M TEE MAY H 11765 SW CARMEN ST 12610 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103BA-01000 2S 103B D-00400 AUSBIE DONNA D BRAK EDITH A 12400 SW 121ST AVE 823 S JUNIPER DR TIGARD,OR 97223 MOSES LAKE,WA 98837 2S 103B D-07400 2S 103AC-04400 BARLOW LEWIS R&NANCY J BRENNER WILLIAM R& 12575 SW 115TH AVE WACO JULIA M TIGARD,OR 97223 12567 SW 114TH TERR TIGARD,OR 97223 2S 103B D-00200 2S 103AB-03000 CAPPOEN RAYMOND J DISTANT DOUGLAS&DEBRA V SUZANNE 12465 SW 114TH TERRACE 11710 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-08000 2S 103BD-02900 CEN MIAO-HUA& DOWNING JOHN D&JANICE M TRS WONG CHI-KING& 12020 SW CARMEN ST SHUM YIK-WING TIGARD,OR 97223 12540 SW 115TH AVE TIGARD,OR 97223 2S 103B D-02400 2S 103BA-00600 CLARK OSCAR H&DELORIS L TRS DRAKE GEORGE L&LINDA K 11800 SW CARMEN ST 11765 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-02100 2S 103BA-00900 COPELAND BRIAN W DUTY MARK L&JODI G 11805 SW CARMEN ST 12330 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S103BD-04500 2S103BD-06700 CRISTUREAN FLORIN&IOANA M DUYCK MICHAEL R&ANN I 12449 SW 116TH AVE 12562 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-07300 2S 103AC-04800 CUTLER ERIC J &LISA A EIKE KEVIN& 12557 SW 115TH AVE SCHNEIDER NICOLE TIGARD,OR 97223 12487 SW 114TH TERR TIGARD,OR 97223 2S 103BA-00118 2S 103BA-00116 DANIELS DOUGLAS R ERWERT ROBERT E TRUSTEE PO BOX 1493 11705 SW ANN ST WATERVILLE,ME 4903 TIGARD,OR 97223 2S 103B D-08300 2S 103BA-00700 DEVER MICHAEL T GAARDE RICHARD J II &JUDITH A 12450 SW 115TH AVE 11825 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-07100 2S 103B D-06200 DIGMAN MARK D/CHRISTINA GENIUCH RONALD W&EDITH M 12455 SW 115TH AVE 12664 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S1038A-00105 2S103AC-04300 DIMM ERIC JON& GOETZ JEANNE LOIS MARGARET 12758 SW 114TH TERRACE 11830 SW ANN ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103AC-06400 2S 103BA-00200 GRECO LEONARD R JENOVICH M GLYNN MAXINE 8151 SIMMS SL 11525 SW WALNUT AVENUE ARVADA,CO 80005 TIGARD,OR 97223 2S 103B D-08100 2S 103B D-04900 HARDIN PAUL S&KATHLEEN JERMSAK SUMALEE 12514 SW 115TH AVE 12537 SW 116TH AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S 103RD-05900 2S 103BD-02000 HARFIELD LEE R&MARY K JOHNSON DAVID W 12720 SW 116TH AVE 11835 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-06000 2S 1038 D-01700 HAYDEN DARRON R&WENDY JOHNSON WARREN A 12716 SW 116TH AVE MARGARET F TIGARD,OR 97223 11945 SW CARMEN ST TIGARD,OR 97223 2S 103B D-05500 2S 103BD-04000 HERBST JAMES A&NANCY H KAWASAKI NOBUO SHARON LE 12679 SW 116TH AVE 5750 E HILLCREST DR TIGARD,OR 97223 PORT ORCHARD,WA 98366 2S 103B D-00100 2S 103B D-06400 HILDENBRAND RYAN P&JENNER L KNAPPICH THOMAS R&CAROL A 12712 SW 116TH AVE 12626 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-06900 2S 103BD-05700 HOEHNA LORETTA M KYRISS RICHARD B&CONSTANCE L 12526 SW 116TH AVE 12703 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97224 23 103BD-01001 2S 103BA-00109 HUGHES JACK D TR& LEE RENEE LYNETTE HUGHES LEONE M TR 11590 SW ANN ST 12580 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103 BA-00104 2S 103B D-06800 HUTCHISON PERRY C LEE SIU KHENG U&KEVIN 11890 SW ANN ST 12548 SW 116TH TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-01900 2S 103B D-07900 IADANZA NICHOLAS E AND LEITCH KATHRYN S MARGRET A 12554 SW 115TH AVE 11865 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103AC-04200 2S 103AC-04600 LIBERT SCOTT A AND CYNTHIA M MOHR JAMES B SR&CAROL J 12636 SW 114TH TERRACE 12523 SW 114TH TERR TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-01800 2S 103BD-08400 LIEBL THOMAS R AND BONNIE MULLEN MICHAEL E&TAMARA L 11905 SW CARMEN STREET 11577 SW BAMBI LN TIGARD,OR 97223 TIGARD,OR 97223 2S 103BA-00300 2S 1038 D-06300 LINDQUIST MARVIN T&JACKI S NEWPORT DOUGLAS W&JANET M 12070 SW TURNSTONE AVE 12648 SW 116TH AVE BEAVERTON,OR 97007 TIGARD,OR 97223 2S 103B D-06600 2S 103BA-00201 LIU CHENG-JUI NIHILL GERALD T&DEANNA LYN 12586 SW 116TH AVE 11545 SW WALNUT ST PORTLAND,OR 97223 TIGARD,OR 97223 2S 103BD-07700 2S 103BD-01200 LUONG PHIET&LE TERESA NIX LOY CARL MARSHA A 12602 SW 115TH AVE 12630 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-02600 2S 103B D-00602 MADDOX CLIFFORD L AND NORMAN JACK J JR AND CAROLYN J MARY J 11900 SW CARMEN ST 11930 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-10400 2S 103B D-05200 MAHUNA TYSON& OLSEN TOM E&DENISE E MORRIS LESLIE ANN 12615 SW 116TH AVE 215 GREENRIDGE DR#116 TIGARD,OR 97223 LAKE OSWEGO, OR 97035 2S103BD-01600 2S103BA-00106 MALONE THOMAS E PARSONS JOE P MARLYNN PFAHL SUSAN N M 11770 SW ANN ST 11985 SW CARMEN STREET TIGARD,OR 97223 TIGARD,OR 97223 2S 103BA-00115 2S 103B D-08600 METZLER RICHARD C JR AND PETERSON RONDA KAY& DEBORAH J RENCK CHRISTINA G 11765 SW ANN ST 11513 SW BAMBI LN TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-05600 2S 103BD-05300 MIX KELLY C&WYNONA G PFEIFER JEFF J&JULIANE M 12681 SW 116TH AVE 12639 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103AC-01100 2S 103BD-05400 PHELAN THOMAS C SCOTT RUSSELL D 4504 GRANT ST 12653 SW 116TH AVE VANCOUVER,WA 98660 TIGARD,OR 97223 2S 103BD-07500 2S103BD-05000 POH LEONG CHIN&FELICIA M SHIMOJIMA KOREY& 2031 SE 43RD SHIMOJIMA M DIANNE PORTLAND,OR 97215 12555 SW 116TH TIGARD,OR 97223 2S 103BA-00107 2S 103BD-00700 POTTHOFF ROGER&MARY SHIVLEY JULIE A 11710 SW ANN ST 12020 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-04600 2S 103BD-05100 PRITCHARD SEAN M SIMELE PAUL E& 12453 SW 116TH AVE NGUYEN HANH T TIGARD,OR 97223 12583 SW 116TH AVE TIGARD,OR 97223 2S1038A-00120 2S103AC-04500 RAYE STEVEN D AND ZOLA T SKIDMORE DAVID A/JODI K 12270 SW 116TH AVE 12545 SW 114TH TERRACE TIGARD,OR 97223 TIGARD,OR 97223 2S1 038 D-02800 25103 BD-02300 REEVES MICHAEL D AND NADINE K SMITH ROSS JAY 11980 SW CARMEN ST 11760 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 25103B D-02500 2S 1038 D-03900 RHONE HENRY JR SMITH SANDRA T WAYNE ROSALIE E 12880 SW 121ST 11860 SW CARMEN TIGARD,OR 97223 TIGARD,OR 97223 2S 103BA-00117 2S 103BA-00108 RIFFEL RONALD V AND SPRAGUE MICHAEL M HARRIET N DOLLIE P 11645 SW ANN STREET 11650 SW ANN ST TIGARD,OR 97223 TIGARD,OR 97223 25103BA-00500 2S 103B D-01500 ROGERS KATHERN J TRUST TIEMAN HENRY W&GENELLE E BY KATHERN J& DAVID K ROGERS CO-T 12025 SW CARMEN ST 11695 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AB-03100 2 •3BD-0870' ROSEN BARRY N&DEBORAH V TIGA': Y OF BY MICHELLE RILEY 1312 W •LL 1390 AMARANTH DR T ARD,OR • 223 NAPERVILLE, IL 60564 2S •3BD-08800 2S103BD-07800 TIGA'I Y OF WEBB TANYA R&JEROME P 1312 :11 .ALL 12562 SW 115TH AVE T 'ARD,OR 97223 TIGARD,OR 97223 2 103BD-1050• 2S1038D-00301 TIG• "D • Y OF WILLIAMS LENA MARIE 131 . HALL 11770 SW WALNUT ST T ARD,O' 97223 TIGARD,OR 97223 2S103BD-04700 2S103BD-00300 TRUMMEL ERIC J &DANETTE J WRIGHT LARRY A&MAUREEN L 12535 SW 116TH AVE 11800 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AB-06400 JERRY VOSIKA & JIM ANDERSON TURNER REX L&CHERYL M PO BOX 843 12393 SW TER BEAVERCREEKJ OR 97004 TIGARD,OR R 97 97223 2S 103BD-07000 UNG KHOY DIEU&HUE MY COMPASS ENGINEERING 12454 SW 116TH AVE ATTN: KARL MAWSON TIGARD,OR 97223 6564 SE LAKE ROAD MILWAUKIE OR 97222 2S 1038D-08200 UNG NGENG KHOY& CHEU EAV PEANG& UNG KEVIN 12500 SW 115TH AVE TIGARD,OR 97224 2S103BA-00401 URLING HARRY F&NELL P RESTATED TRUST THE 11625 SW WALNUT ST TIGARD,OR 97223 2S 103B D-04800 VILDERMAN EUGENE&LAURA 12519 SW 116TH AVE TIGARD, OR 97223 2S 103BD-08500 VIUHKOLA CRYSTAL M&ERRON J 11535 SW BAMBI LN TIGARD,OR 97223 2S 103BD-00603 WASHINGTON COUNTY DEPT OF LAND USE&TRANSPORTATION CPM DIV-RIGHT OF WAY SECTION 1400 SW WALNUT ST MS#18 HILLSBORO,OR 97123 • Jack Biethan 11023 SW Summerfield Drive#4 Tigard, OR 97224 Brooks Gaston 10272 SW Meadow Street Tigard, OR 97223 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 CITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT Central.doc) UPDATED: November 27, 2002 r . AFFIDAVIT OF MAILING CRY OF TIGARD Community(DeveCopment SCiaping/7(Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: {Check Appropnate Box(s)Below) © NOTICE OF DECISION FOR: SUB2003-00001/CAPPOEN ESTATES SUBDIVISION ❑ AMENDED NOTICE (File No/Name Reference) E City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on August 20,2003, and deposited in the United States Mail on August 20,2003, postage prepaid. (Person that 'repared Noticr) STAriE OF oEGoar ) County off Washington )ss. City of?ward ) Subscribed and sworn/affirmed before me on the day of , 2003. I!) OFFICIAL SEAL 17( J pis LIc.OR NOTARY PUBLIC OREGON COMMISSION NO.368086 1 MY COMMISSION EXPIRES APR.27,2007 ) NOTARY PUBLI413eltiVh, EGON 1 `�`~�~~ MY Commission Expires: 9f-(917- C' 7 EXHIBIT A NOTICE OF TYPE II DECISION 4 CAPPOEN ESTATES SUBDIVISION CITY of noAao Community Deve(opment SUBDIVISION (SUB) 2003-00007 Shaping Better Community 120 DAYS =10/29/2003 SECTION I. APPLICATION SUMMARY FILE NAME: CAPPOEN ESTATES SUBDIVISION CASE NO.: Subdivision (SUB) Type II SUB2003-00007 REQUEST: The applicant is seeking approval of a 6-lot subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. APPLICANT: Jerry Vosika and Jim Anderson AGENT: Compass Engineering PO Box 843 Karl Mawson Beavercreek, OR 97004 6564 SE Lake Road Milwaukie, OR 97222 OWNER: Ray and Suzanne Cappoen 11710 SW Walnut Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: The project is located behind 11710 SW Walnut, and is described as 2S103BD, Tax Lot 200 (Parcel 2 of the Cappoen Partition MLP2002-00005). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED subject to certain conditions, the request for Subdivision approval. The findings and conclusions on which the decision is based are noted in Section VI. NOTICE OF TYPE II DECISION SUB2003-00007—CAPPOEN ESTATES SUBDIVISION PAGE 1 OF 22 • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 1 . Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover public street improvements and any other work in the public right-of-way. Eight (8) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). 2. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 5. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local resicential street. 6. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 7. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, December 2000 edition." 8. A final grading.plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed-to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. NOTICE OF TYPE H DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 2 OF 22 9. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 10. The applicant's construction plans shall show "No Parking This Side of Street" signs along one side of the internal street. 11 . The applicant's construction plans shall show the extension of a public sewer main line to serve this development. 12. The applicant's construction plans shall show the extension of a public storm sewer in the new public street to serve this development and upstream runoff. Submit to the Planning Division (Brad Kilby, 639-4171, ext. 2434) for review and approval: 13. The applicant shall sign and submit a Sign Compliance Agreement regarding the placement of temporary and permanent signage. 14. Prior to site work, the applicant shall install the tree protection to be used during construction to protect the trees identified on-site that are to be preserved, and any trees on adjacent properties that will likely be affected by construction on this site. The City Arborist must inspect and approve the protection measures prior to site work. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. ) for review and approval: 15. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $210.00. (STAFF CONTACT: Shirley Treat, Engineering). 16. The final plat shall show the extension of SW Errol Street will have a right-of-way (ROW) width of 50 feet. 17. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). 18. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 19. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 20. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 3 OF 22 21 . Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount oT the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171 , ext. 426). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. The right-of-way dedication for SW Errol Street shall be made on the final plat. E. NOTES Washington Count will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F_ After the City and Count have reviewed the final plat, submit two m lar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 22. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 23. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. 24. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1 ) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). 25. Prior to issuance of the building permit, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as- builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as- built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 26. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. Submit to the Planning Division (Brad Kilby, 639-4171, ext. 2434) for review and approval: 27. At the time of building permit review, plans for the construction of individual homes on individual lots in the subdivision shall demonstrate compliance with setbacks and building height requirements, per Table 18.510.2. 28. At the time of application for building permits for individual homes, the applicant shall demonstrate that each site will be accessed by a minimum 10-foot-wide paved access. 29. At the time of submittal for building permits for individual homes within the development, the developer shall submit materials demonstrating that one (1) off-street parking space, which meets minimum dimensional and setback requirements as specified in Title 18, will be provided on-site for each new home. NOTICE OF TYPE H DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 4 OF 22 30. Prior to the issuance of building permits on individual lots, the applicant shall provide staff with verification that the following note is within the Homeowners Association Agreement. "Prior to constructing fencing on any corner lot, plans must be submitted to the City of Tigard to verify visual clearance standards are met." 31 . Prior to the issuance of building permits, the applicant shall submit a complete street tree plan showing the required plantings on SW Errol Street and the private street for review and approval. The street tree plan shall include information on the species, size, and location of the proposed street trees. The street tree plan shall also demonstrate compliance with all relevant standards in Sections 18.745.030 and 18.745.040. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1 . Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1 . An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filinq and Recording: Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision 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. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 5 OF 22 STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1 . All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface- mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land dividers engineer shall rovide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 6 OF 22 SECTION III. BACKGROUND INFORMATION Vicinity Information: The site is surrounded by single-family homes. There are no structures on the property. The subject site was created as a result of the Cappoen Minor Land Partition (MLP2002-00005). A search of city records found no other activity on the site. Site Information and Proposal Description: The site is relatively flat with slopes ranging from 0 to 5%. There are no structures on the subject property. The proposal is to divide 1.32 acres into six parcels that would range in size between 6,099 and 10,642 square feet. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The applicant is proposing to construct 6 new single-family dwellings on a vacant 1.32 acre parcel. Detached single-family dwellings and open space are permitted outright in the R-4.5 zoning district. Decision Making Procedures: Chapter 18.390 Describes the decision-making procedures. Type II procedures apply to quasi-judicial permits and actions that contain some discretionary criteria. Type II actions are decided by the Director with public notice, and appeals are heard by the Hearing's Officer. This particular land use action is subject to a type II review procedure. SECTION V. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal and be given the opportunity to provide written comments prior to a decision being made. The site was posted and notice sent. Staff did not receive any comments from the surrounding neighbors. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS IMPACT STUDY: Section 18.390.040.B.e Requires that the applicant shall include an impact study. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Rough Proportionality Analysis Based on a transportation impact study prepared for the A-Boy Expansion/Dolan/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development. Presently, the TIF for each residential trip that is generated is $253. According to the Washington County TIF ordinance, 32 percent of a projects impacts are met by its TIF assessment in Tigard. This leaves 68 percent unmitigated. The actual cost of system improvements per trip generated by new development on the Tigard arterial and collector street system can be determined by the following equation (Larson, Mackenzie Engineering, Dolan Findings, June 1995): NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 7 OF 22 $253 divided by .32 equals $790. ($253 is the residential use trip rate per trip TIF assessment according to the Washington County TIF ordinance). According to the ITE manual figures and the TIF ordinance, a single-family residential unit generates 10 average weekday trips per dwelling unit, per day. Because there are six new dwelling units proposed, 60 trips are generated per day for this site, and the TIF on this project will be approximately $15,180. The applicant is not required to make any off site improvements. The Construction of SW Errol Street is necessary to serve the lots of the development. There are no unmitigated impacts associated with this development. FINDINGS: Using the above cost factors, it can be determined that there are no unmitigated impacts associated with this development, and the conditions meet the rough proportionality test and are thereby justified. LAND DIVISIONS - SUBDIVISONS: CHAPTER 18.430 Subdivision Approval Criteria (Preliminary Plat): 18.430.040 The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations The proposal, as conditioned, will comply with the applicable zoning ordinance and all other applicable regulations. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. To insure that the name is not duplicative, the applicant has provided materials demonstrating that the Cappoen Estates name has been reserved with Washington County. This criterion is met. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. The applicant has proposed to extend SW Errol Street to the west property line. The City Engineer, in his discussion of this proposal finds that there are no other potential street connections to be considered in this area. This criterion has been met. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements as required and, therefore, satisfied this criterion. Specific details of the proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards, Section 18.810. FINDING: Based on the analysis above, the proposal meets, or will be conditioned in this decision to meet, the preliminary plat approval standards for subdivisions. ZONING DISTRICT Residential Zoning District: Section 18.510.020 The R-4.5 Low-Residential zoning district is designed to accommodate detached single-family units at a minimum lot size of 7,500 square feet. This proposal fits this criteria and is discussed in the following section of this decision. Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2 below: The subject site and the surrounding properties are all designated R-4.5 Low-Density Residential. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 8 OF 22 EXCERPT FROM TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-1 R-2 R-3.5 R-4.5 R-7 Minimum Lot Size - Detached unit 30,000 sq.ft. 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. 5,000 sq. ft. - Duplexes 10,000 sq.ft. 10,000 sq.ft. - Attached unit [1] 5,000 sq.ft. Average Minimum Lot Width - Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. 50 ft. - Duplex lots 90 ft. 90 ft. 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage - - - - 80% [2] Minimum Setbacks - Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft. - Side facing street on corner & through lots 20 ft. 20 ft. 20 ft. 15 ft. 10 ft. - Side yard 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. - Rear yard 25 ft. 25 ft. 15 ft. 15 ft. 15 ft. - Side or rear yard abutting more restrictive zoning district 30 ft. - Distance between property line and front of garage 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Maximum Height 30 ft. 30 ft. 30 ft. 30 ft. 35 ft. Minimum Landscape Requirement - - - - 20% [1] Single-family attached residential units permitted at one dwelling per lot with no more than five attached units in one grouping. [2] Lot coverage includes all buildings and impervious surfaces. Since the proposed development is a subdivision, in which lots will be developed individually at a later time, it is not possible to demonstrate compliance with setback and building height requirements at this time. The proposal is to create 6 lots that vary in size from 6,099 square feet to 10,642 square feet. The Tigard Development Code (TDC) Chapter 18.430.020(D) allows for the averaging of lot sizes to meet the minimum size standard. The average lot size of this development is 8,051 square feet. Additionally, no lot may be smaller than 80% of the required lot size within the underlying district. In this case, no lot can be smaller than 80% of 7,500 square feet, which is 6,000 square feet. None of the proposed lots are below 6,000 square feet in area. The proposed lot widths range from 71 .9 to 82.1 feet. FINDING: The proposed project complies with all development standards in residential zones, with the exception of setback and building height regulations, which cannot be evaluated at this time. To ensure that all code requirements are satisfied, the following condition shall apply: The average lot size of this development will be 8,051 square feet. The lot size standard has been satisfied according to TDC 18.430.020(D) CONDITION:At the time of building permit review, plans for the construction of individual homes on individual lots in the subdivision shall demonstrate compliance with setbacks and building height requirements, per Table 18.510.2. ACCESS, EGRESS, AND CIRCULATION: CHAPTER 18.705 Minimum access requirements for residential use: Section18.705.030H. Access Management lSection 18.705.030.H) Section 18.765.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. NOTICE OF TYPE II DECISION SUB2003-00007—CAPPOEN ESTATES SUBDIVISION PAGE 9 OF 22 The applicant has indicated that vision clearance standards for the new individual driveways will be met. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. SW Errol Street is a local street and SW 116th Avenue is a Neighborhood Route. Therefore, this standard does no apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The applicant is extending an existing local street. There v ill be one private street to serve lots 5 & 6. This private street is well over 125 feet from SW 116 h Avenue. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; TABLE 18.705.1 VEHICULAR ACCESS/EGRESS REQUIREMENTS: RESIDENTIAL USE (6 OR FEWER UNITS) Number Dwelling Minimum Number of Minimum Access Width Minimum Pavement Width Unit/Lots Driveways Required 1 or 2 1 15 feet 10 feet • 3-6 1 20 feet 20 feet FINDING: All proposed lots will have more than the required 15 feet of access frontage required for single-family dwellings. To ensure that the minimum width pavement requirement is met at the time of development of each parcel, the following condition shall apply: CONDITION:At the time of application for building permits for individual homes, the applicant shall demonstrate that each site will be accessed by a minimum 10-foot-wide paved access. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units. This is a proposal for a single-family development. This standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. The individual homeowners will maintain the access drives once the property is developed and sold. The maintenance of the private street serving lots 3-6 is the responsibility of the homeowners, and has been addressed later in this discussion. The Tualatin Valley Fire and Rescue district has reviewed the proposal and the comments have been incorporated where necessary. This criterion is satisfied. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 10 OF 22 Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet;. The maximum cross slope of a required turnaround is 5%. The private street serving lots 3-6 is 122 feet long. This criterion is not applicable. The street is discussed in more detail under the street and utility section. This criterion has been met. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length. There are no proposed driveways in this development that exceed 200 feet in length. The deepest lot in the proposed development is 130 feet, therefore, this criterion does not apply. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. This standard does not apply to this proposal as no driveway approaches to arterials or collectors are proposed. FINDING: As conditioned, the proposed development will comply with all applicable access, egress, and circulation requirements of Chapter 18.705. DENSITY COMPUTATIONS: CHAPTER 18.715 Density Calculation: 18.715.020 Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: • All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. • All land dedicated to the public for park purposes; • All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: Single-family development: allocate 20% of gross acreage; Multi-family development: allocate 15% of gross acreage. • All land proposed for private streets; and • A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. The net development area is determined by subtracting from the gross area, the land needed for public streets. The calculations are as follows: Gross lot area 57,499.2 square feet Street dedication 10,014 square feet NET DEVELOPABLE AREA 47,485.2 square feet NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 11 OF 22 To calculate the maximum allowed density, net developable area is divided by the minimum allowed square footage within the zone, as follows: R-4.5 zone 47,485.2/7500 = 6.33 dwelling units FINDING: The proposed six dwelling units do not exceed maximum density. Therefore, this standard is met. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The minimum required density is determined by the following calculation: 6.33 X 0.80 = 5.06 FINDING: The standard for minimum density is met. ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725 Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: As this is a typical detached single-family project, which is a permitted use in the R-4.5 zone, none of the environmental conditions that have been listed above will be compromised beyond allowable levels. The above performance standards are met. These standards would be subject to code enforcement investigation if for some reason the above standards were in question. LANDSCAPING AND SCREENING: CHAPTER 18.745 Establishes standards for landscaping, buffering and screening to enhance the aesthetic environmental quality of the City. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 12 OF 22 The R-4.5 zoning district does not require landscaping, and there is no landscaping proposed with this project. Once the property is sold and developed, the new property owners will presumably landscape their yards. This criterion does not apply. Section 18.745.040. states that all development projects fronting on a public street, private street, or a private driveway more than 100 feet in length after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.0400. FINDING: The applicant has not provided a street tree plan for the development, nor has he indicated in the project narrative that subdivision improvements will include the planting of street trees in conformance with the Tigard Development Code standards. This criterion is not satisfied. CONDITION:Prior to the issuance of building permits, the applicant shall submit a complete street tree plan showing the required plantings on SW Errol Street and the private street for review and approval. The street tree plan shall include information on the species, size, and location of the proposed street trees. The street tree plan shall also demonstrate compliance with all relevant standards in Sections 18.745.030 and 18.745.040. Buffering and Screening: Section 18.745.050 Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The subject site is surrounded by single-family developments, therefore, there is no requirement for buffering and screening for this project. FINDING: As conditioned, the proposed development will comply with all applicable Landscaping and Screening requirements of Chapter 18.745. OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765 This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The proposed project will create 6 new lots for single-family dwellings. Submittal of detailed plans for the construction of homes within the development are not necessary at this time. Table 18.765.2 requires that one (1) off-street parking space be provided per detached dwelling unit. There is no maximum limit on parking allowed for detached single-family dwellings. There is also no bicycle parking requirement for single-family dwellings. Staff notes that there is a 20-foot required setback from the face of garages to property lines in all residential zones. To ensure that homes constructed in this development comply with these standards, the following condition shall apply: CONDITION: At the time of submittal for building permits for individual homes within the development, the developer shall submit materials demonstrating that one (1) off-street parking space, which meets minimum dimensional requirements and setback requirements as specified in Title 18, will be provided on-site for each new home. SIGNS: CHAPTER 18.780 Requires that a permit be issued for any sign that is erected, re-erected, constructed, structurally altered, or relocated within the City Limits. The applicant has not provided the needed information to issue a sign permit because it is not necessary to do so at this time. However, the City has experienced an inundation of illegal sign problems with new subdivisions that fail to comply with the sign code requirements. Therefore, the following condition is warranted. FINDING: In order to increase the awareness of the sign regulations, and prevent the placement of illegal signs, the following condition is warranted. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 13 OF 22 CONDITION: The applicant shall sign and submit a Sign Compliance Agreement regarding the placement of temporary and permanent signage. TREE REMOVAL: CHAPTER 18.790 A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided an arborist report dated June 1, 2003 from Robert Mazany, certified arborist. In the report, the arborist states that there is only one tree on site that is over 12 inches in diameter. The applicant has stated that they intend to retain the tree. As such there are no mitigation requirements for this proposal. The City Arborist has stated in his comments that any trees on adjacent properties that may be affected by construction on this property must be protected. FINDING: The proposal retains 100% of the trees that are over twelve inches; therefore, there is no mitigation required for this project. CONDITION:Prior to site work, the applicant shall install the tree protection to be used during construction to protect the trees identified on-site that are to be preserved, and any trees on adjacent properties that will likely be affected by construction on this site. The City Arborist must inspect and approve the protection measures prior to site work. Visual Clearance Areas: Section 18.795 Clear vision area shall be maintained on the corners of all roperty adjacent to intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height, measured from the top of the curb, or where no curb exists, from the street center grade, except the trees exceeding this height may be located in this area, provided all branches below eight feet are removed. For arterial streets the visual clearance shall not be less than 35 feet on each side of the intersection. No specific plans for the construction of structures are required through the subdivision process. Compliance with vision clearance requirements shall be confirmed through the building permit process for all homes to be constructed within the development. The applicant has indicated in the narrative that there will be no obstructions placed within these areas. While this standard will be reviewed through the development review and construction process for placement of structures, since no building permit is required for the fences, a condition will be imposed to ensure compliance with this standard. FINDING: Staff cannot determine if the visual clearance standards will be met without reviewing specific site plans for construction. In order to assure that review for compliance is accomplished, the applicant shall reflect the following condition in the Homeowners Association Agreement. CONDITION: Prior to the issuance of building permits on individual lots, the applicant shall provide staff with verification that the following note is within the Homeowners Association Agreement. "Prior to constructing fencing on any corner lot, plans must be submitted to the City of Tigard to verify visual clearance standards are met." Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 14 OF 22 Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a local residential street to have a 42 to 50-foot right-of-way width and a 24 to 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Errol Street, which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 44 feet of ROW to the east of this project, according to the most recent tax assessor's map. The applicant is proposing to dedicate 50 feet of right of way. SW Errol is currently developed up to the east property line of the proposed development. The applicant is proposing to construct a new east-west, public street. This street will be classified as a local street. The applicant is also proposing on-street parking on one side only. The applicant shall install "No Parking This Side of Street" signs along one side of the new public street. Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street plan shall be filed which shows the attern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized b the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The applicant's Preliminary Street Plan shows a future street plan to the west. Staff concurs with the applicant's conceptual plan. Cul-de-sacs: 18.810.030.K states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac. • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. There are no cul-de-sacs formed by this development. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 15 OF 22 Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is recluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The applicant is proposing to construct a new east-west, public street to serve this site. This public street could be extended to the west with future development. Therefore, the criterion is met. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The proposed street extension has grades less than 5%, thereby meeting this criterion. Access to Arterials and Major Collectors: Section 18.810.030.P states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. This section does not apply, as the site does not have frontage on a collector or arterial street. Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant has proposed one private street for access to lots 5 & 6. The private Tract A is 20 feet wide with 12 feet of paving. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R s) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 16 OF 22 Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. This criterion does not apply to this project because it is surrounded by preexisting development that is beyond the control of this applicant. This criterion has been met. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. Bicycle and Pedestrian connections are provided from this development by way of the construction of SW Errol Street. The continuation of this street when the property to the west is developed will provide a connection through to SW Walnut. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. All proposed lots have lot depths which are less than 2.5 times their average lot widths. The deepest lot is 130 feet, and the narrowest lot is 71.9. Consequently, the above criterion is met. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single- family dwelling unit, the frontage shall be at least 15 feet. Lot frontage varies from 25 feet to 82.1 feet on the proposed lots. All proposed lots have at least the required 25 feet of frontage on a public street. This criterion is met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. By constructing sidewalks along SW Errol Street, this criterion will be met. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an 8-inch line in SW Errol Street. The applicant is proposing to extend the sewer to the west end of the street extension. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 17 OF 22 Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There is a culvert on the west end of the proposed street extension. The applicant will extend the public storm sewer line in SW Errol Street to serve the proposed development and pick up the runoff from the adjacent site. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The site slopes slightly downward to the east and north towards Walnut Street. There is an existing storm sewer connection stubbed to the west end of SW Errol Street. This line connects to a 15" storm sewer in 116`" Avenue that flows north to Walnut Street and eventually discharges to an unnamed tributary to Fanno Creek at about 1121 Avenue. The applicant is proposing to construct a public storm sewer in the new public extension of SW Errol Street. The applicant is also providing detention and water quality prior to discharging to the existing public storm sewer. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. The site is not encompassed by any proposed or existing bike or pedestrian way. SW Errol is not designated as a bicycle facility. This criterion does not apply. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. As discussed above, this site does not principally benefit from any existing or proposed bikeway, therefore this criterion does not apply. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 18 OF 22 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. As discussed above, this site does not principally benefit from any existing or proposed bikeway, therefore this criterion does not apply. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are no existing overhead utility lines along the frontage of SW Walnut Street ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The applicant is proposing to connect a new 6-inch water line to the existing 8-inch line in SW Errol Street, running westerly in the new public street. Storm Water Quality: he City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 19 OF 22 Grading and Erosion Control: CWS 6esign and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. Since this site is over 1 acre in size an NPDES permit will be required. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $210.00 (7 lots and/or tracts X $30/address = $210.00). The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the City's GPS survey. By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VII. OTHER STAFF COMMENTS City of Tigard Property Manager/Operations Department has reviewed this application and has no objections to the subdivision. City of Tigard Building Official has reviewed the application and has no objections to the subdivision. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 20 OF 22 The City of Tigard Urban Forester has reviewed this application and offered comments regarding tree species selection and planting which are incorporated into this decision under Chapter 18.790. SECTION VIII. AGENCY COMMENTS Comcast has reviewed this proposal and has no objections to the proposal. Tualatin Valley Fire and Rescue reviewed the submittal and provided the following comments: 1) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901 .4.3) 2) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-Ill-A-1. (UFC Appendix III-A, Sec. 5) 3) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) Please contact Eric McMullen at (503) 612-7010 with any additional questions. Clean Water Services, Tri-Met, PGE, NW Natural Gas, Verizon, The Tigard/Tualatin School District, and AT&T Cable were notified but no comments were provided. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON AUGUST 20, 2003, AND BECOMES EFFECTIVE ON SEPTEMBER 5, 2003 UNLESS AN APPEAL IS FILED. Appeal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 21 OF 22 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON SEPTEMBER 4, 2003. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. �( ��- / August 20, 2003 PREP ED BY: Brad Kilby DATE Associate Planner dllra � -r a-C August 20, 2003 APPROVED BY: Richard Bewer` DATE Planning Manger NOTICE OF TYPE II DECISION SUB2003-00007-CAPPOEN ESTATES SUBDIVISION PAGE 22 OF 22 ' I II CITY of TIGARD ts �loetJ I ' GEOGRAPHIC IM rOe MAiION 6v6iEu e______I----1,� S VICINITY MAP ' li 1111P, 41. 6).- m��m� II ' L.W r SUB2003-00001 I 0 I, tellai AN 11111 NCAPPOEN ESTATES • C �� INN a SUBDIVISION K Cl Lowiliplir �, W rI ft-p11. � \15,,i,_31,L_. ,,, gam. „III,to . ST ' Z-. t .. Erreg MVO -' idea -2;, tiger Wilwi �- ■ i- �. r � d .0 all Pli i ■ , BF.ff BEND RD. RD•immimi TIPPITT P\ ' ':=: JS 1 ._ ii *7,, / -. �. �, Tlpard Naa Map _ . CARMEN ST _ E En ��� —�- - i____ N A I 0 200 100 800 Faal J .a�N1 T 11111111 1'=.D2 feel I �, ALBERTA ST ��,, ,� ••• 1 City of Tigard . / h7,0mimgpagInformation on this mais fgeneral location only and should t»vad0ed with the Delopment Sarvius Diviai0n. �� , (, 3gar lTlgard, 97223- _� blm AM (503)RD hllp:lhrAw.ci.tigerd.or,us Community Development Plot date:Jul 3,2003;C:\magic\MAGIC03.APR ' . ----`-----`--------------'------------------ WALNUT STREET -------------------- --~' _-____-____'-_____-____-____-___--____'____-____-____-____- -____ __-______-____.__ / i 4 0, tor 2 -------.., IP I , I ____________/ 1 , , 2 I b Al I 1 /g- rt 4,700 .., :iti , 7 , / Z ; 1,1-' ---______ 7 , „ . .. ________ __________ _______,is L. I / / 84 CIO ------t-,_ i I / --________________7 i 7 a I k/ I I. I --I --......,\ / t L '.'04,5-,.. 1 , , , zY 1 4 TL 900a ) ii \ 4, /---------__ iii 6 tato IF i~^ Ay 71»* ------7 / w / /*'v City „2„, // »xn �– -- `�'�r rig., w/* /� ------ / / �4~- /S nm� �m EV�� / �xmu -- tor scale) —7w� 1ww��� ' / ���� t . Ar CAppoENT8200..00011., uft DIVISION Jerry Vosika & Jim Anderson EXHIBIT PO Box 843 SUB2003-00007 Beavercreek, OR 97004 CAPPOEN ESTATES SUBDIVISION Raymond and Suzanne Cappoen 11710 SW Walnut Street Tigard, OR 97223 Compass Engineering Attn: Karl Mawson 6564 SE Lake Road Milwaukie, OR 97222 AFFIDAVIT OF MAILING CITYOFTICiARD Community'Development ShapingA Better Community I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF DECISION FOR: SUB2003-00001/CAPPOEN ESTATES SUBDIVISION ❑ AMENDED NOTICE (File No/Name Reference) City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", and by reference made a part hereof, on August 20,2003, and deposited in the United States Mail on August 20,2003, postage prepaid. livilib. -a.- ( Tn that 'repared o ' e) STAr/f OBE oEGoN ) County of Washington )ss. City of Tigard ) Subscribed and sworn/affirmed before me on the .2- �` day of , 2003. -- .. _;,; ;'.-ti-`�-`-`•ti-�-. OFFICIAL SEAL J J BENGTSON C�U V 1� (( NOTARY PUBLIC•OREGON � COMMISSION NO.368086 f) MY COMMISSION EXPIRES APR.27,2007 ) NOTARY PUBLIC OF I BEGUN My Commission Expires: • •-•)'7-0 7 EXHIBIT A NOTICE OF TYPE II DECISION CAPPOEN ESTATES SUBDIVISION CITY OF TI TI6ARD Community Development SUBDIVISION (SUB) 2003-00007 Shaping Better Community 120 DAYS =10/29/2003 SECTION I. APPLICATION SUMMARY FILE NAME: CAPPOEN ESTATES SUBDIVISION CASE NO.: Subdivision (SUB) Type II SUB2003-00007 REQUEST: The applicant is seeking approval of a 6-lot subdivision of 1.32 acres. The lots are expected to be developed with single-famil residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. APPLICANT: Jerry Vosika and Jim Anderson AGENT: Compass Engineering PO Box 843 Attn: Karl Mawson Beavercreek, OR 97004 6564 SE Lake Road Milwaukie, OR 97222 OWNER: Ray and Suzanne Cappoen 11710 SW Walnut Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: The project is located behind 11710 SW Walnut, and is described as 2S103BD, Tax Lot 200 (Parcel 2 of the Cappoen Partition MLP2002-00005). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED subject to certain conditions, the request for Subdivision and Adjustment approvals. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25G) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: N tice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON AUGUST 20, 2003 AND BECOMES EFFECTIVE ON SEPTEMBER 5, 2003 UNLESS AN APPEAL IS FILED. Appeal The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 4, 2003. I Questions: For further information please contact the Planning Division Staff Planner, Brad Kilby at (503) 639-4171 , Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. / Ili ,011•11 ----lir ........ ................ ■■■ ■114 mak III A 'um 4.1 m- -■ m\ X111■■ ��'■■ ■ ■�,�mtapa1I&y1t p -:=1,- SU62003 00007 f. ■1 CAPPOEN ESTATES all ■r ♦ SUBDIVISION Ili 4 411tp. j ,'A, ,`,'IL1I1 $$I r011 `-..-..---411101r E4i __HflI1Iiii*' ____II: WlCm of EA:E mu 111.1111111/111,1 a. ardip"-■ Nom will—'w4:'cr"1-4°F 7,..7,77 -J .I;. o fLJ11H�;— o v -� I I Z — I Ii1 ut1 ! 1 z Cl I ill I 1-------1:L_____11 'IT CL 0 • - __aE�nWT-- L1. --� tit�_� — 1 I- i 3 I11 II s� I I .,, k------I i L--J i ar I -_ a s.« 1 1 CITY OF TIGARD I SUB2003-00007 SITE r....Ara CAPPOEN ESTATES SUBDIVISION (Map is nol to scale) • • 2S 103AC-04700 2S 103B D-07200 ABEYTA IRENE I BAYLEY GLEN M&LAURIE M 12501 SW 114TH TER 12517 SW 115TH AVE EXHIBIT. TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-00900 2S 103BD-05800 ALLEN ELIZABETH A&STEVEN P BAZZEL JESSIE R&ALICIA L 12540 SW 121ST AVE 12727 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103BD-00901 2S103BD-01300 ALLEN STEVEN P&ELIZABETH A BERGQUIST R KELLY 12540 SW 121ST AVE MERRILL M TIGARD,OR 97223 12660 SW 121ST TIGARD,OR 97223 2S 103BA-01001 23 103B D-02700 ANDERSON EDWARD L& BIEHL PHILIP D&LINDA M ANDERSON MARY ANNE 11940 SW CARMEN ST PO BOX 23593 TIGARD,OR 97223 TIGARD,OR 97281 2S 103BA-01002 2S 103B D-07600 ANDERSON EDWARD L& BOECK MARK G&CATHERINE L MARY ANNE 12621 SW 115TH AVE PO BOX 1081 TIGARD,OR 97223 ST HELENS,OR 97051 2S103BA-00103 25103BA-00800 ANDERSON EDWARD L&MARY ANNE BOOTH DAVID&MARY P PO BOX 23593 11865 SW WALNUT ST TIGARD,OR 97281 TIGARD,OR 97223 2S 103BA-01003 2S 103B D-00600 ANDERSON EDWARD L&MARY ANNE BOYCE RONALD J/ANA L 11975 SW WALNUT ST 11970 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S10360-06500 2S 103B D-02200 ARIFIN LESLIE P& BOYEAS GEORGE M TEE MAY H 11765 SW CARMEN ST 12610 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103 BA-01000 2S 1038 D-00400 AUSBIE DONNA D BRAK EDITH A 12400 SW 121ST AVE 823 S JUNIPER DR TIGARD,OR 97223 MOSES LAKE,WA 98837 2S 103BD-07400 2S 103AC-04400 BARLOW LEWIS R&NANCY J BRENNER WILLIAM R& 12575 SW 115TH AVE WACO JULIA M TIGARD,OR 97223 12567 SW 114TH TERR TIGARD,OR 97223 2S 103BD-00200 2S 103AB-03000 CAPPOEN RAYMOND J DISTANT DOUGLAS& DEBRA V SUZANNE 12465 SW 114TH TERRACE 11710 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-08000 2S 1038 D-02900 CEN MIAO-HUA& DOWNING JOHN D&JANICE M TRS WONG CHI-KING& 12020 SW CARMEN ST SHUM YIK-WING TIGARD,OR 97223 12540 SW 115TH AVE TIGARD,OR 97223 251038 D-02400 2S 103BA-00600 CLARK OSCAR H&DELORIS L TRS DRAKE GEORGE L&LINDA K 11800 SW CARMEN ST 11765 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S10380-02100 2S 103BA-00900 COPELAND BRIAN W DUTY MARK L&JODI G 11805 SW CARMEN ST 12330 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S 1038 D-04500 2S 103B D-06700 CRISTUREAN FLORIN&IOANA M DUYCK MICHAEL R&ANN I 12449 SW 116TH AVE 12562 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S10300-07300 2S 103AC-04800 CUTLER ERIC J&LISA A EIKE KEVIN& 12557 SW 115TH AVE SCHNEIDER NICOLE TIGARD,OR 97223 12487 SW 114TH TERR TIGARD,OR 97223 2S103BA-00118 2S103BA-00116 DANIELS DOUGLAS R ERWERT ROBERT E TRUSTEE PO BOX 1493 11705 SW ANN ST WATERVILLE,ME 4903 TIGARD,OR 97223 2S 103B D-08300 2S 103BA-00700 DEVER MICHAEL T GAARDE RICHARD J II &JUDITH A 12450 SW 115TH AVE 11825 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-07100 2S 103 BD-06200 DIGMAN MARK D/CHRISTINA GENIUCH RONALD W&EDITH M 12455 SW 115TH AVE 12664 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2 S 1038A-00105 2S 103AC-04300 DIMM ERIC JON& GOETZ JEANNE LOIS MARGARET 12758 SW 114TH TERRACE 11830 SW ANN ST TIGARD,OR 97223 TIGARD,OR 97223 • • 2S103AC-06400 2S103BA-00200 GRECO LEONARD R JENOVICH M GLYNN MAXINE 8151 SIMMS SL 11525 SW WALNUT AVENUE ARVADA,CO 80005 TIGARD,OR 97223 2S 103B D-08100 2S 103B D-04900 HARDIN PAUL S& KATHLEEN JERMSAK SUMALEE 12514 SW 115TH AVE 12537 SW 116TH AVE TIGARD,OR 97223 PORTLAND,OR 97223 2S 1038 D-05900 2S 103BD-02000 HARFIELD LEE R&MARY K JOHNSON DAVID W 12720 SW 116TH AVE 11835 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S1 030 D-06000 2S 1038 D-01700 HAYDEN DARRON R&WENDY JOHNSON WARREN A 12716 SW 116TH AVE MARGARET F TIGARD,OR 97223 11945 SW CARMEN ST TIGARD,OR 97223 2S 1038 D-05500 2S 103BD-04000 HERBST JAMES A&NANCY H KAWASAKI NOBUO SHARON LE 12679 SW 116TH AVE 5750 E HILLCREST DR TIGARD,OR 97223 PORT ORCHARD,WA 98366 2S 103 B D-06100 2S 103BD-06400 HILDENBRAND RYAN P&JENNER L KNAPPICH THOMAS R&CAROL A 12712 SW 116TH AVE 12626 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-06900 2S 103B D-05700 HOEHNA LORETTA M KYRISS RICHARD B&CONSTANCE L 12526 SW 116TH AVE 12703 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97224 25103B0-01001 2S 103BA-00109 HUGHES JACK D TR& LEE RENEE LYNETTE HUGHES LEONE M TR 11590 SW ANN ST 12580 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103BA-00104 2S 103B D-06800 HUTCHISON PERRY C LEE SIU KHENG U&KEVIN 11890 SW ANN ST 12548 SW 116TH TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-01900 2S 103BD-07900 IADANZA NICHOLAS E AND LEITCH KATHRYN S MARGRET A 12554 SW 115TH AVE 11865 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AC-04200 2S 103AC-04600 LIBERT SCOTT A AND CYNTHIA M MOHR JAMES B SR&CAROL J 12636 SW 114TH TERRACE 12523 SW 114TH TERR TIGARD, OR 97223 TIGARD,OR 97223 2S103B0-01800 2S103BD-08400 LIEBL THOMAS R AND BONNIE MULLEN MICHAEL E&TAMARA L 11905 SW CARMEN STREET 11577 SW BAMBI LN TIGARD, OR 97223 TIGARD,OR 97223 2S 103BA-00300 2S 103B D-06300 LINDQUIST MARVIN T&JACK!S NEWPORT DOUGLAS W&JANET M 12070 SW TURNSTONE AVE 12648 SW 116TH AVE BEAVERTON,OR 97007 TIGARD,OR 97223 2S 103B D-06600 2S 103BA-00201 LIU CHENG-JUI NIHILL GERALD T&DEANNA LYN 12586 SW 116TH AVE 11545 SW WALNUT ST PORTLAND,OR 97223 TIGARD,OR 97223 2S103BD-07700 2S103BD-01200 LUONG PHIET&LE TERESA NIX LOY CARL MARSHA A 12602 SW 115TH AVE 12630 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103B0-02600 2S103130-00602 MADDOX CLIFFORD L AND NORMAN JACK J JR AND CAROLYN J MARY J 11900 SW CARMEN ST 11930 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S1 036 0-10400 2S 103B D-05200 MAHUNA TYSON& OLSEN TOM E&DENISE E MORRIS LESLIE ANN 12615 SW 116TH AVE 215 GREENRIDGE DR#116 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 23103B D-01600 2S 103BA-00106 MALONE THOMAS E PARSONS JOE P MARLYNN PFAHL SUSAN N M 11770 SW ANN ST 11985 SW CARMEN STREET TIGARD,OR 97223 TIGARD,OR 97223 2S 103BA-00115 2S 103 B D-08600 METZLER RICHARD C JR AND PETERSON RONDA KAY& DEBORAH J RENCK CHRISTINA G 11765 SW ANN ST 11513 SW BAMBI LN TIGARD,OR 97223 TIGARD,OR 97223 2S 103B0-05600 2S 103B D-05300 MIX KELLY C&WYNONA G PFEIFER JEFF J&JULIANE M 12681 SW 116TH AVE 12639 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103AC-01100 2S 103B D-05400 PHELAN THOMAS C SCOTT RUSSELL D 4504 GRANT ST 12653 SW 116TH AVE VANCOUVER,WA 98660 TIGARD,OR 97223 2S 103B D-07500 2S 103B D-05000 POH LEONG CHIN&FELICIA M SHIMOJIMA KOREY& 2031 SE 43RD SHIMOJIMA M DIANNE PORTLAND,OR 97215 12555 SW 116TH TIGARD,OR 97223 2S103BA-00107 2S103BD-00700 POTTHOFF ROGER&MARY SHIVLEY JULIE A 11710 SW ANN ST 12020 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103BD-04600 2S1030D-05100 PRITCHARD SEAN M SIMELE PAUL E& 12453 SW 116TH AVE NGUYEN HANH T TIGARD,OR 97223 12583 SW 116TH AVE TIGARD,OR 97223 26103BA-00120 2S103AC-04500 RAPE STEVEN D AND ZOLA T SKIDMORE DAVID A/JODI K 12270 SW 116TH AVE 12545 SW 114TH TERRACE TIGARD,OR 97223 TIGARD,OR 97223 2S103BD-02800 251038D-02300 REEVES MICHAEL D AND NADINE K SMITH ROSS JAY 11980 SW CARMEN ST 11760 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-02500 2S 103BD-03900 RHONE HENRY JR SMITH SANDRA T WAYNE ROSALIE E 12880 SW 121ST 11860 SW CARMEN TIGARD,OR 97223 TIGARD,OR 97223 2S1038A-00117 2S103BA-00108 RIFFEL RONALD V AND SPRAGUE MICHAEL M HARRIET N DOLLIE P 11645 SW ANN STREET 11650 SW ANN ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BA-00500 2S 1038 D-01500 ROGERS KATHERN J TRUST TIEMAN HENRY W&GENELLE E BY KATHERN J&DAVID K ROGERS CO-T 12025 SW CARMEN ST 11695 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AB-03100 2 03BD-0870• ROSEN BARRY N&DEBORAH V TIGA': Y OF BY MICHELLE RILEY 1312 W •LL 1390 AMARANTH DR T ARD,OR • 223 NAPERVILLE, IL 60564 2S 13BD-08800 2S103BD-07800 TIGA'I Y OF WEBB TANYA R&JEROME P 1312 "ft ALL 12562 SW 115TH AVE T 'ARD,OR 97223 TIGARD,OR 97223 2 1038 D-1050 1 2S 103B D-00301 TIG 'D OF WILLIAMS LENA MARIE 131 • HALL 11770 SW WALNUT ST T ARD,O' 97223 TIGARD,OR 97223 2S 103B D-04700 2S 103B D-00300 TRUMMEL ERIC J&DANETTE J WRIGHT LARRY A&MAUREEN L 12535 SW 116TH AVE 11800 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103AB-06400 TURNER REX L&CHERYL M 12393 SW 114TH TER TIGARD,OR 97223 2S 1038 D-07000 UNG KHOY DIEU&HUE MY 12454 SW 116TH AVE TIGARD,OR 97223 2S 103B D-08200 UNG NGENG KHOY& CHEU EAV PEANG& UNG KEVIN 12500 SW 115TH AVE TIGARD,OR 97224 2S 103BA-00401 URLING HARRY F&NELL P RESTATED TRUST THE 11625 SW WALNUT ST TIGARD,OR 97223 2S 103BD-04800 VILDERMAN EUGENE&LAURA 12519 SW 116TH AVE TIGARD,OR 97223 2S 103B D-08500 VIUHKOLA CRYSTAL M&ERRON J 11535 SW BAMBI LN TIGARD, OR 97223 25103BD-00603 WASHINGTON COUNTY DEPT OF LAND USE&TRANSPORTATION CPM DIV-RIGHT OF WAY SECTION 1400 SW WALNUT ST MS#18 HILLSBORO,OR 97123 Jack Biethan 11023 SW Summerfield Drive#4 Tigard, OR 97224 Brooks Gaston 10272 SW Meadow Street Tigard, OR 97223 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 CITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT Central.doc) UPDATED: November 27, 2002 \ I II CITY of TIGARD IIIII ll **(1 .11-0■1_41111 A GEOGRAPHIC INFORMATION SYSTEM ,ErT r4,1 salmmernima m VICINITY MAP WAL, MI M111111111A1111 V ) op ioni ii ii ist;*0817;111ZINN ST ui _ SUB2003-00007 v ' , > diii allow - 111111.n. _ 11 CAPPOEN ESTATES ANN Z t0ig al1111111111 Lu SUBDIVISION 'KC aliiimillell ieri = H . W/ *Will tallifilliiill- IIII J NIS wig.," IA. IN 411111111W11111 mc, AM8I LN dal_ gi I 1 pir Or its 011 lo.N < -' Ii rikiirirr ft_ 4.101 4. _;,..OL ST 111111111 IIsc''''' r lair.Pki f , i---- _1•4i LE& .. fi, all Pz_ NO —7:111°)W $ gr. Ilk N.-Y. --RI-L71-'7 all . ,...R ---,..,:u_. TIPPITT P\i,,--A 1 11110 CARMEN — 1111 milillifikI Tigard Are.IA., ST I z A . IA N ., .• , , ____J ilr In Ilp\ 0 200 400 600 Feet \ 1 ,77. 11111 4141.” IT 1 402 feet ALBERTA ST 111•1170\4 Alk . AIM IIP 11 FONNER City of Tigard 1 an _ =II we 1"w 1'4, C 13125 SW Hall Blvd Tigard,OR 97223 - -- JAMES RD illt "Po -0 (503)639-4171 Community Development Plot date:Jul 3,2003; CAnnagic\MAGIC03.APR -------- !� ;168i i ------ I —'—.— I 1 __IL 1500 LOT 1 I JJJ I i Z 100 i I Q N � •�� LOT2 CO 1 1 N/ T1 9700 I I LOT 3 1 , { Q ,� 1 0 164'1µA' iv i i W Z �_��� 1 1-, I ---��_- j I Z + I I I z TL 1300 1 E i Z Lord E. Q; !II' W 3 2 1 J . 10639 S.F ; 10,642 S.F., w 1 Lei. TL 4900 I i Q LOT 5 I i N L----� ' L ' 1 ' 1 Q -- �-- - I 3 - I — 1 I _______f___—_ SW ERROL STIIEET _ i Li— I _ 1 0 _ T2. —_+ 7th— —__ ------� 1 I -- I I I- 1 II TL 5000 j f U i. LOT 6 3 I I 4 t.' - ------I ■1 1 a 6.6St Sf. I I 7.104 S.F I I 71! 72.1' TL 5100 ; LOT 7 1 __ t 1 --1 i s / 5 \1 / 6pb S.F J TL 5200 1 I i \ Li Wd LOT 2 7.171 S.F. 1 (J L-i i— -- v 1 1 1 TL 2100 I TL 5300 LOT 10 LOT 11 2000 f CITY OF TIGARD T SUB2003-00007 SITE PLAN CAPPOEN ESTATES SUBDIVISION (Map is not to scale) N AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: SUB2003-00007 Land Use File Name: CAPPOEN ESTATES SUBDIVISION I, Brad Kilby, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) 2S1 03€t - ooaOD and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the (1-4- day of So 2003. LN J4-"4 Signature of Person Who Performed Posting (In the presence of the Notary) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF OREGON ) County of Washington ) ss. Subscribed and sworn/affirmed before me on the I �? day of j lkel , 20 03. .� o OFFICIAL SEAL .1„. J BENGTSON,J �` i NOTARY PUBLIC-OREGON 4 / / I) COMMISSION NO.368086 4 ( MY COMMISSION EXPIRES APR.27,2007 i NOT Y PUBL OF OREGON My Commission Expires: 47/o 7 h:Vogin\pattylmasters\affidavit of posting for staff to post a site.doc CAPPOEN ESTATES SUBDIVISION SUBDIVISION (SUB) 2003 -00007 REQUEST: The applicant is requesting approval of a six-lot Subdivision of 1 .32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. LOCATION : 11710 SW Walnut Street, WCTM 2S103BD, Tax Lot 200. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.39C 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.7951 and 18.810. Further information may be obtained from the Planning Division (staff contact: Brad Kilby) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 . A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. ow," ■ CITY of TIGARD ■� . GEOGRAPHIC INFORMATION SVST[N 'tam AREA NOTIFIED ill 7,01,0„ AN ..ii, m (500') FOR: Jim Anderson �� '1114-7°41 , a �' RE: 2S103BD, 200 - 11710 Walnut St..[�. - . )le V err \ 5� �'" "�Is 2 = MBI LN F-. O``_ $T �irrl, > iwoo •,�,•,••� Property owner information - = is valid for 3 months from isms m ==�- the date printed on this map. ����\liar alma ,�� ii. ma r-- .; M _ ..�r, i.mi I� rog=7:ipit it* ilkTIPPITT Pk- 1 ► ST '�'� C slaase[w r! �,- •• J 1 _= N ;DO NF ..., ------ \ iii.b., Jr tElela[eall4 0 100 200 300 400 feel SIONII lla �II 1"=303 feet .MA[. CT // ` A ST AL /,' 0 allk<2 City of Tigard for general location only and e�,,. \\� 4 sh be verified vAth the eDewbpment Services Division. FONN 13125 SW Hall Blvd Tigard,OR 97223 I / I A / \ (503)6394171 http://vmw.cl.tigard.or.us Community Development Plot date:Jun 30,2003;C:Imagic1MAGIC03.APR 2S 103AC-04700 25103 B D-07200 ABEYTA IRENE I BAYLEY GLEN M&LAURIE M 12501 SW 114TH TER 12517 SW 115TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-00900 2S 103B D-05800 ALLEN ELIZABETH A&STEVEN P BAZZEL JESSIE R&ALICIA L 12540 SW 121ST AVE 12727 SW 116TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S 103B D-00901 25103 B D-01300 ALLEN STEVEN P&ELIZABETH A BERGQUIST R KELLY 12540 SW 121ST AVE MERRILL M TIGARD, OR 97223 12660 SW 121ST TIGARD,OR 97223 • 2S 103BA-01001 2S 103 B D-02700 ANDERSON EDWARD L& BIEHL PHILIP D&LINDA M ANDERSON MARY ANNE 11940 SW CARMEN ST PO BOX 23593 TIGARD,OR 97223 TIGARD,OR 97281 2S 103BA-01002 25103B D-07600 ANDERSON EDWARD L& BOECK MARK G&CATHERINE L MARY ANNE 12621 SW 115TH AVE PO BOX 1081 TIGARD,OR 97223 ST HELENS,OR 97051 2S 103BA-00103 2S 103 BA-00800 ANDERSON EDWARD L&MARY ANNE BOOTH DAVID&MARY P PO BOX 23593 11865 SW WALNUT ST TIGARD,OR 97281 TIGARD,OR 97223 2S 103BA-01003 25103B D-00600 ANDERSON EDWARD L&MARY ANNE BOYCE RONALD J/ANA L 11975 SW WALNUT ST 11970 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103BD-06500 2S103BD-02200 ARIFIN LESLIE P& BOYEAS GEORGE M TEE MAY H 11765 SW CARMEN ST 12610 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S1038A-01000 2S103BD-00400 AUSBIE DONNA D BRAK EDITH A 12400 SW 121ST AVE 823 S JUNIPER DR TIGARD,OR 97223 MOSES LAKE,WA 98837 2S 103BD-07400 2S 103AC-04400 BARLOW LEWIS R&NANCY J BRENNER WILLIAM R& 12575 SW 115TH AVE WACO JULIA M TIGARD,OR 97223 12567 SW 114TH TERR TIGARD,OR 97223 2S103BD-00200 2S103AB-03000 CAPPOEN RAYMOND J DISTANT DOUGLAS&DEBRA V SUZANNE 12465 SW 114TH TERRACE 11710 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 1038 D-08000 2S1 03B D-02900 CEN MIAO-HUA& DOWNING JOHN D&JANICE M TRS WONG CHI-KING& 12020 SW CARMEN ST SHUM YIK-WING TIGARD,OR 97223 12540 SW 115TH AVE TIGARD,OR 97223 2S103BD-02400 2S103BA-00600 CLARK OSCAR H&DELORIS L TRS DRAKE GEORGE L&LINDA K 11800 SW CARMEN ST 11765 SW WALNUT ST TIGARD, OR 97223 TIGARD,OR 97223 25103BD-02100 2S1038A-00900 COPELAND BRIAN W DUTY MARK L&JODI G 11805 SW CARMEN ST 12330 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S1038D-04500 2S103BD-06700 CRISTUREAN FLORIN& IOANA M DUYCK MICHAEL R&ANN I 12449 SW 116TH AVE 12562 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-07300 2S 103AC-04800 CUTLER ERIC J&LISA A EIKE KEVIN& 12557 SW 115TH AVE SCHNEIDER NICOLE TIGARD,OR 97223 12487 SW 114TH TERR TIGARD,OR 97223 2S103BA-00118 2S103BA-00116 DANIELS DOUGLAS R ERWERT ROBERT E TRUSTEE PO BOX 1493 11705 SW ANN ST WATERVILLE,ME 4903 TIGARD,OR 97223 2S103BD-08300 2S103BA-00700 DEVER MICHAEL T GAARDE RICHARD J II &JUDITH A 12450 SW 115TH AVE 11825 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-07100 2S 103BD-06200 DIGMAN MARK D/CHRISTINA GENIUCH RONALD W&EDITH M 12455 SW 115TH AVE 12664 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 1038A-00105 2S 103AC-04300 DIMM ERIC JON& GOETZ JEANNE LOIS MARGARET 12758 SW 114TH TERRACE 11830 SW ANN ST TIGARD,OR 97223 TIGARD,OR 97223 • 2S103AC-06400 2S103BA-00200 GRECO LEONARD R JENOVICH M GLYNN MAXINE 8151 SIMMS SL 11525 SW WALNUT AVENUE ARVADA,CO 80005 TIGARD,OR 97223 2S 103BD-08100 2S 1030D-04900 HARDIN PAUL S& KATHLEEN JERMSAK SUMALEE 12514 SW 115TH AVE 12537 SW 116TH AVE TIGARD, OR 97223 PORTLAND,OR 97223 2S 103B D-05900 2S 103B D-02000 HARFIELD LEE R&MARY K JOHNSON DAVID W 12720 SW 116TH AVE 11835 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S103BD-06000 2S103BD-01700 HAYDEN DARRON R&WENDY JOHNSON WARREN A 12716 SW 116TH AVE MARGARET F TIGARD,OR 97223 11945 SW CARMEN ST TIGARD,OR 97223 2S 103B D-05500 2S 103 B D-04000 HERBST JAMES A&NANCY H KAWASAKI NOBUO SHARON LE 12679 SW 116TH AVE 5750 E HILLCREST DR TIGARD,OR 97223 PORT ORCHARD,WA 98366 2S103BD-06100 25103BD-06400 HILDENBRAND RYAN P&JENNER L KNAPPICH THOMAS R&CAROL A 12712 SW 116TH AVE 12626 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-06900 2S 1038 D-05700 HOEHNA LORETTA M KYRISS RICHARD B&CONSTANCE L 12526 SW 116TH AVE 12703 SW 116TH AVE TIGARD, OR 97223 TIGARD,OR 97224 2S103BD-01001 2S103BA-00109 HUGHES JACK D TR& LEE RENEE LYNETTE HUGHES LEONE M TR 11590 SW ANN ST 12580 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103BA-00104 2S103BD-06800 HUTCHISON PERRY C LEE SIU KHENG U&KEVIN 11890 SW ANN ST 12548 SW 116TH TIGARD, OR 97223 TIGARD,OR 97223 2S 103BD-01900 2S 103BD-07900 IADANZA NICHOLAS E AND LEITCH KATHRYN S MARGRET A 12554 SW 115TH AVE 11865 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AC-04200 2S103AC-04600 LIBERT SCOTT A AND CYNTHIA M MOHR JAMES B SR&CAROL J 12636 SW 114TH TERRACE 12523 SW 114TH TERR TIGARD,OR 97223 TIGARD,OR 97223 2S1036D-01800 2S103BD-08400 LIEBL THOMAS R AND BONNIE MULLEN MICHAEL E&TAMARA L 11905 SW CARMEN STREET 11577 SW BAMBI LN TIGARD, OR 97223 TIGARD,OR 97223 2S1038A-00300 2S103BD-06300 LINDQUIST MARVIN T&JACKI S NEWPORT DOUGLAS W&JANET M 12070 SW TURNSTONE AVE 12648 SW 116TH AVE BEAVERTON,OR 97007 TIGARD,OR 97223 2S 103BD-06600 231038A-00201 LIU CHENG-JUI NIHILL GERALD T&DEANNA LYN 12586 SW 116TH AVE 11545 SW WALNUT ST PORTLAND,OR 97223 TIGARD,OR 97223 2S103BD-07700 2S103BD-01200 LUONG PHIET& LE TERESA NIX LOY CARL MARSHA A 12602 SW 115TH AVE 12630 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S10380-02600 2S 103 B D-00602 MADDOX CLIFFORD L AND NORMAN JACK J JR AND CAROLYN J MARY J 11900 SW CARMEN ST 11930 SW WALNUT TIGARD,OR 97223 TIGARD,OR 97223 2S103BD-10400 2S103BD-05200 MAHUNA TYSON& OLSEN TOM E&DENISE E MORRIS LESLIE ANN 12615 SW 116TH AVE 215 GREENRIDGE DR#116 TIGARD,OR 97223 LAKE OSWEGO,OR 97035 2S 103B D-01600 2S 103 BA-00106 MALONE THOMAS E PARSONS JOE P MARLYNN PFAHL SUSAN N M 11770 SW ANN ST 11985 SW CARMEN STREET TIGARD,OR 97223 TIGARD, OR 97223 2S 103BA-00115 2S 103B D-08600 METZLER RICHARD C JR AND PETERSON RONDA KAY& DEBORAH J RENCK CHRISTINA G 11765 SW ANN ST 11513 SW BAMBI LN TIGARD,OR 97223 TIGARD,OR 97223 251 036 D-05600 2S 103B D-05300 MIX KELLY C&WYNONA G PFEIFER JEFF J&JULIANE M 12681 SW 116TH AVE 12639 SW 116TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S 103AC-01100 2S 103 B D-05400 PHELAN THOMAS C SCOTT RUSSELL D 4504 GRANT ST 12653 SW 116TH AVE VANCOUVER,WA 98660 TIGARD,OR 97223 2S1 03B D-07500 25103B D-05000 POH LEONG CHIN& FELICIA M SHIMOJIMA KOREY& 2031 SE 43RD SHIMOJIMA M DIANNE PORTLAND,OR 97215 12555 SW 116TH TIGARD,OR 97223 2S103BA-00107 2S103BD-00700 POTTHOFF ROGER&MARY SHIVLEY JULIE A 11710 SW ANN ST 12020 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103B D-04600 2S 103 B D-05100 PRITCHARD SEAN M SIMELE PAUL E& 12453 SW 116TH AVE NGUYEN HANH T TIGARD,OR 97223 12583 SW 116TH AVE TIGARD,OR 97223 2S 103BA-00120 2S 103AC-04500 RAYE STEVEN D AND ZOLA T SKIDMORE DAVID A/JODI K 12270 SW 116TH AVE 12545 SW 114TH TERRACE TIGARD,OR 97223 TIGARD,OR 97223 25103B D-02800 2S 1036 D-02300 REEVES MICHAEL D AND NADINE K SMITH ROSS JAY 11980 SW CARMEN ST 11760 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S10380-02500 25103BD-03900 RHONE HENRY JR SMITH SANDRA T WAYNE ROSALIE E 12880 SW 121ST 11860 SW CARMEN TIGARD,OR 97223 TIGARD,OR 97223 2S 103BA-00117 2S 103BA-00108 RIFFEL RONALD V AND SPRAGUE MICHAEL M HARRIET N DOLLIE P 11645 SW ANN STREET 11650 SW ANN ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BA-00500 25 103BD-01500 ROGERS KATHERN J TRUST TIEMAN HENRY W&GENELLE E BY KATHERN J&DAVID K ROGERS CO-T 12025 SW CARMEN ST 11695 SW WALNUT ST TIGARD,OR 97223 TIGARD, OR 97223 2S103AB-03100 2 3BD-0870 ROSEN BARRY N&DEBORAH V TIGA OF BY MICHELLE RILEY 1312 W LL 1390 AMARANTH DR T1UARD,OR 223 NAPERVILLE, IL 60564 2S 3BD-08800 2S103BD-07800 TIGA Y OF WEBB TANYA R&JEROME P 13125 ALL 12562 SW 115TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2 103BD-1050 2S 103BD-00301 TIG D Y OF WILLIAMS LENA MARIE 131 HALL 11770 SW WALNUT ST T ARD,0 97223 TIGARD,OR 97223 2S1 03B D-04700 2 S 103 B D-00300 TRUMMEL ERIC J&DANETTE J WRIGHT LARRY A&MAUREEN L 12535 SW 116TH AVE 11800 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S103AB-06400 TURNER REX L&CHERYL M 12393 SW 114TH TER TIGARD,OR 97223 2S103BD-07000 UNG KHOY DIEU&HUE MY 12454 SW 116TH AVE TIGARD,OR 97223 2S 103BD-08200 UNG NGENG KHOY& CHEU EAV PEANG& UNG KEVIN 12500 SW 115TH AVE TIGARD,OR 97224 2S 103BA-00401 URLING HARRY F&NELL P RESTATED TRUST THE 11625 SW WALNUT ST TIGARD,OR 97223 2S 103 B D-04800 VILDERMAN EUGENE&LAURA 12519 SW 116TH AVE TIGARD,OR 97223 2S103BD-08500 VIUHKOLA CRYSTAL M&ERRON J 11535 SW BAMBI LN TIGARD,OR 97223 2S 103B D-00603 WASHINGTON COUNTY DEPT OF LAND USE&TRANSPORTATION CPM DIV-RIGHT OF WAY SECTION 1400 SW WALNUT ST MS#18 HILLSBORO,OR 97123 Jack Biethan 11023 SW Summerfield Drive#4 Tigard, OR 97224 Brooks Gaston 10272 SW Meadow Street Tigard, OR 97223 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 CITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT Central.doc) UPDATED: November 27, 2002 CITY OF TIGARD * rfAitilt)- 616 COMMUNITY DEVELOPMENT DEPARTMENT DIVISION 13125 SW HALL BOULEVARD TIGARD, OREGON 91223 1 \c) CommunCITY OF ity I�TIGAevet RD pment PHONE: 503-639-4111 FAX 503-684-1291 (Attn: Patty/Planning) SlagingA Better Community • RE:OUNT PC12§63 OOT ° ROPE!RTY OW Yi MAID U' Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: osi6-3 J Ci iwo mina) , ,S6) INDICATE WHETHER YOU ARE REQUESTING 0 R 3 SETS OF LABELS: (NOTE: A minimum of 2 sets of labels will be provided (unless only - • ding a neighborhood meeting at this time) to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting, you can request 3 sets provided your land use application will be submitted and deemed complete by the Planning Division within 3 months from this reques .) NAME OF CONTACT PERSO ;,, �, PHONE: -3a—Sg4(� This request may be mail:�'!faxed or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request that will be placed in "Will Calf' by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus$2 per sheet for printing the list onto labels(20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. I *EXAMPLE* **COST FOR THIS REQUEST A 4 sheets of labels x$2/sheet= $8.00 x 2 sets= $16.00 eet(s)of labels x$2/sheet= $74 x •2 sets= 7` 2 sheets of labels x$2/sheet for CIT area x 2 sets= $ 4.00 heet(s)of labels x$2/sheet for CIT area=GENERATE LIST =$11.00 GENERATE LIST = TOTAL =$31.00 TOTAL -$35—' CITY OF TIGARD 7/1/2003 13125 SW Hall Blvd. 11.49:27AM Tigard,Oregon 97223 • :-..14-AL (503)639-4171 Receipt #: 27200300000000002810 ' Date: 07/01/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MISC Miscellaneous Fees&Charges-35.0000 @$1.0000 100-0000-451000 35.00 Line Item Total: $35.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount P: CreditCard JAMES E ANDERSON KJP 001394 In Person 35.00 Payment Total: $35.00 Page 1 of 1 cRecc;F,t,-pt Cjec City of Tigard N 6-Lot Subdivision Request Ashrey Development Contents 1 - Application Form & Signatures 2 — Title Transfer & Deed 3 — Pre-Application Notes 4 — Wash. Co. Name Approval 5 -- Site Conditions and Lot Layout (8.5X11) 6 — Preliminary Plat (8.5X11) 7 — Application Narrative 8 — USA Service Provider Letter 9 — Neighborhood Mtg. Affidavits & Notes 10 — Subdivision Maps A — Existing ConditionsNicinity Map E — Preliminary Utility Plan C -- Preliminary Grading & Erosion Control Plan D Street Plan Separate Cover, Storm Drain Calculations & Envelopes Prepared by: Karl Mawson, AICP COMPASS ENGINEERING 6564 sr± Lake Rood Mirwaukie, Oregon 97222 Ph:me: 03/653-9093 Fax: 5(0653-9095 e mcie karim(a)compQss-cn ir∎eerirrapom www.corripast-cnyi,peer it ng.com • , I SUBDIVISION TYPE II :,, or TYPE III w/PD APPLICATION iQ°"t a! 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 CITY OF TIGARD PRE-APP. HELD WITH: Bt< DATE OF PRE-APP.: 1 jr6'/OQ GENERAL INFORMATION FOR STAFF USE ONLY Property Address/Location(s): 11710 SW Walnut, Tigard, Oregon Case No.(s): .5-11...115 ZUz.)3- 0,-)co—7 Tax Map & Tax Lot#(s): Map 2S-1E-3BD, Tax Lot- 200 Other Case No.(s):PIZ-C-243< I '�' $‘.4-- rh L.17_a3 Z-OJ:.US 1 0360 - OO, 00 Receipt No.:<2...6 C.2, -- 1 55 7 57,714 714 Square Feet Application Accepted By: /C-a� Site Size: Date: Lilt (+ z, Property Owner/Deed Holder(s)*: Ray and Su an CappoPn Address: 11710 SW Walnut Phone: • Date Determined Complete: City: d\ Tigard Zip: 97223-3028 Rev.8/4/2000 i:\curpin\masters\revisesubapp.doc Applicant*: Jerry Vosi ka and Jim Anderson Address: PO' Box 843 Phone: 503-632-3855 REQUIRED SUBMITTAL ELEMENTS Cit Y Beavercreek Zip: 97004 (Note: applications will fiat be accepted without the required submittal elements) Representative: Karl Mawson, Compass Eng. 503-653-9093 When the owner and the applicant are different people, the applicant [21// Form must be the purchaser of record or a lessee in possession with written [� Owner's Signature/Written Authorization authorization from the owner or an agent of the owner. The owner(s) /Title Transfer Instrument or Deed must sign this application in the space provided on the back of this form or submit a written authorization with this application. [[Copy of Pre-Application Conf. Notes PROPOSAL SUMMARY L4f Wa. Co. Subdivision Name Approval „i/ Site/Plot Plan The owners of record of the subject property request Subdivision (#of copies based on pre-app check list) approval to divide a: _ f Site/Plot Plan (reduced 81/2"x 11") Applicant's Statement 1.325 acre parcel into 6 lots between (#of copies based on pre-app check list) 6,230 and 10,660 square feet in size. U/ USA Sewer Use Information Card (Distributed/completed at application submittal) [JUSA Service Provider Letter (provide any additional information here) . K 2 Sets of Pre-Addressed/Pre-Stamped Plat design results in an extension of #10 Envelopes & Copy of 500' Property g i Owner List Generated by the City SW Errol Street, and two lots having access to [% Neighborhood Mtg. Affidavits & No es Errol via a small private drive. Filing Fee (Preliminary Plat)....$2,1 5.00 (+ 0 Per Lot) (Final Plat) $ 295.00 'N' Add 20% PD Feed (/)16 Urban: See Wa. Co. Fee Schedu e 1 List any VARIANCE OR OTHEF. .ND USE ACTIONS to be considered as .of this application: s • APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of /0 ,202 *d-4T) F r/_, � --"Or�AV_ O er s Signatur7 Ow s Signature Owner's Signature Owner's Signature 4/21/2003 CITY OF TIGARD 10:39:21AM 13125 SW Hall Blvd. :zit: ,t A Tigard,Oregon 97223 :1,L 11 (503) 639-4171 Receipt #: 27200300000000001559 Date: 04/21/2003 Line Items: Amount Paid Revenue Account No Case No Tran Code Description 100-0000-438000 3,670.00 SUB2003-00007 [LANDUS]APPLICATION FEE $3,670.00 Line Item Total: Payments: F User ID Acct./Check Approval No. How Received Method Payer 3,670.00 1011 In Person Check ASHREY DEVELOPMENT LLC KJP Payment Total: $3,670.00 -. — - m Secerie _en_hencel document. See beck for Itt•ils.t9--n- - -^-- - .� ASHREY DEVELOPMENT LLC 1011 � P.O.BOX 843 i fl BEAVERCREEK,OR 97004 PH.503-632-3820 DATE 314 03 74 'I PAY C:t. {T�„TO![ ORDER OF t i $ 3 .OQ ai, `1 ■ ■ _ A. _ ■a • �. . I _ • ' $ ' 'el_ , i ■ DOLLARS 8 �...�,>.. . Ii A I} L KeyBank National Association Tualatin,Oregon 97082 j 0-1E 1800 warm t ®p FOR t �I i ! \ 6.....1------------___ - cReceipt.rpt Page 1 of I $1 1 AMER c 4-,~ .� : t. \"+ First American Title Insurance Company of Oregon _ . Washington(OR) Prepared For: Prepared By:NICK NEPHEW Customer Service Department 1700 SW Fourth Avenue - Portland,Oregon 97201-5512 Phone:(503)222-3651 Fax: (503)790-7872 OWNERSHIP INFORMATION Owner :Cappoen Raymond J Ref Parcel Number :2S 103BD 00200 CoOwner : Suzanne T:02S R:O 1 W S:03 Q: 250 Site Address : 11710 SW Walnut St Tigard 97223 Parcel Number : R0473650 Mail Address : 11710 SW Walnut St Tigard Or 97223 Map Number . Telephone : Owner: 503-590-7242 Tenant: County : Washington(OR) SALES AND LOAN INFORMATION Transferred Loan Amount . Document# : ,1 Lender . • Sale Price P/ -.)5/ Loan Type . Deed Type Interest Rate . Owned Vesting Type . PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page& Grid : 655 C4 MktLand :$274,050 Census : Tract: 319.04 Block: 1 MktStructure :$122,510 Subdivision/Plat MktOther . Neighborhood Cd :4TIG MktTotal :$396,560 Land Use : 1912 Res,Improved,Potential Development M50 Assd Total :$193,730 Legal :ACRES 1.93 %Improved :31 01-02 Taxes :$3,030.39 • •• Exempt Amount : Exempt Type . Levy Code :02374 Millage Rate : 15.6423 PROPERTY CHARACTERISTICS Bedrooms :4 Lot Acres : 1.93 Year Built : 1964 Bathrooms : 3.00 Lot SqFt : 84,070 EffYearBlt : 1970 Heat Method :Forced Bsm Fin SqFt Floor Cover : Hardwd Pool Bsm Unfin SqFt : 1,448 Foundation : Concrete Ftg Appliances Bsm Low SqFt Roof Shape . Dishwasher Bldg SqFt :3,736 Roof Matl : Clay Tile Hood Fan 1st F1rSgFt : 1,144 InteriorMat :Drywall Deck : Yes Upper Flr SqFt : 1,144 Paving Matl . Garage Type : Detached Porch SqFt Const Type : Wd Stud\Shtg Garage SF :420 Attic SqFt Ext Finish :253 Deck SqFt : 180 This title information has been furnished,without charge.in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. KNOW ALL MEN BY THESE PRESENTS, That ii:}. Ervin T. Ails, T:mmarried II 1 4 -- i - . in eonsidrrarion of -(';10.00}--Ten and t:o/100--- L)ulL�r., �: i 1 to him paid by Vaymnrd J. Cappoon and Susanne r.annrwrn, inrx:.t.a a 1 ant: wife do eta hereby grant,bargain,sell and convey_onto said 1 aymond J. i arroen and Susanne ..aproen, husband and wife their heirs and assigrre,all the following real property,with th.• tenetncnts, I lmereditaments and appurtenances, situated in the County of dashing ton and State of Oregon, bounded and described as follows,to-wit: • "D" Survey of a tract of land in Section 3, Townshir 2 South, Fangs 1 ikat, iii!lame+Le `,. . I Meridian, Washinrton County, (heton; Beyinninp at a mint in a );0.0 foot, width rna,i•.:a'• which is S 0° V' iJ 105f•.0 feet and S 77° 50' W 519.3 feet. frog.. an iror. Fr,r ot. t'-' , corner on ":e ::orth line of Section 3, thence S 0° h�' 4 11.22 feet to an Cron ri•r. on the S-ut::•.•1y lira: of the roadway; thence continuing S.00 1,(.' J ;20.(.: foot to on ,,, ' iron pipe on the 7torthcrly line of the Blankenshir tract, thence on said line 3 77° , tt/! 50' W e 3.` feet to an iron rice; thence N 0° !t6' E 521.79 feet tc an iron ripe on the G Southerly line of the road:rev• thence continuing! II 00 !:f+' :. 12.05 feet to a mint it, • the roadway: thence :R7" 50'C E'•3.r feet to tie true point of t.;r•inninr, ceutaininr• - ' ono acre, •including that area ::•ithin then road-Jay.6 Al-SO the follo•aire, desciil•edprcmerty. . ; "E" Survey of a tract of land in Section 3, Townshir ioutl,, iante 1 .Jest Wilir.rette Meridian; !!a; n-ton County, t'r t'nn; 'epinninv at a mint in a !0.0 foot width road-my which, is S 01° 1.,6+' 4 1056.0 feet and S 770 50' W 1135.5 feet fret: aa: iron bar at the : corner on I tie '.forth line of Section 3; thence S 0° lit' rJ 11:.4 feet to an bra. riT:p on the southerly 13ne of the roa•ivaaf; thence continuing S 00 M' 'J r19.111: feet to a roint in concrete 0.50 feet Northerly from and in the base of 1n iron ri-•e in the ;'r,rtheast corner of the Blankenshir tract; thence folloarinr the l.ortherl•- line of a.-:_•3 tract S 77° 50' :y "_'.E r,_ feet to an iron rifle; thence II 0° 46' }: 520.62 f-et to an iron rice or. the .,or.t....rly line I of the roadway; thence cor.tinuinr ?' 0° ! ' ' r: 11."..2 feet to a point in !ho roo•':Tay; -.hence -• i} 770 50' i, R3.1? f"et to tht: true l•oint of be._rr. ran•, cont.*>bnlna one acre, including that area uithir. the roadway. . 1 F ' I To Have and to Hold the above described and granted premises unto the said . Eavnond.J. Cappoen and.SrrzanneBappoen, husband and :die their.. heirs and assigns forever. 1 f. And Er.da..T.. 411s., .unnairied. . .. ... the grantor above named does.covenant to and with the above named grantee S their heirs and assign., . that he..ie. lawfully seized in Lee simple of the above granted premises, that the abot.. _ granted premises are free from all encumbrances. ........._....... p .• 7 1} it i r , and that.... he...... ._will and.. hits....... heirs, executers and administrators. 'Tall warrant and forever defend the above granted premises,and every part and perm/ thereof, against the Lawful claims and demands of all persons whomsoever, .. --- - • Witness A4r .hard._...and tail...... tNa......1�....day d......... t&JIbZ«_«..».....,1952.... •. Executed in the Pneenos of a.'� , 11: » ..... .r _d, ..::...,..'.:;).. ;i.a._ —i...:....L.».... .. '✓(SEAL) r ............ » _.... «. .._.......... (SEAL) - - ........................-.. ... (SW.) - 14. $RAE\ ;; . I:, '• .. STATE OF OREGON, I I • county of tinsh i ni•tri RE IT REMEPlIHERE!), rho on this lath day of ';et tr.rb'r before me, flu. undersf,;ned, •, Notary• f'ohliv in nod Inr .air1 Cogent!. and State, ,.•r. ally 1�r. - named :•:rwi.n ''.'. .1111 'tn. :n er•.:d N„• 3� .:.1Tit d ! n ,v,th,n I known to me to he the identical ir„dividttnl de.erihed in and who rx,ruttd the Within instrument and icknowle dtle.d to mr that he evecuted the zone frrrl I y and volrefnrily. IN TESTIMONY WHEREOF, 1 hove hereunto .rt my hand and alher•:f my official seal the day and yen.last above IS rot.o --r NMnrY Public- for Or,•gu,,. My mnmmi.,ion emir••, Ain St. 1 P, 395,/ • 1 I I 4'- I G`j _ CP 1 CI 07 r •.) b O'c a ' > `• V h ii d .. d .c R O = 1' .(Y .1 z • 1 t J C - eil r , te h _ _ . 1 er 1 1 1 • Ashrey Development L.L.C. PO Box 843 Beavercreek, OR 97004 Meeting Minutes April 15,2003 ATTENDEES: James E. Anderson - Co-owner Ashrey Development LLC Jerry Vosika - Co-owner Ashrey Development LLC Larry & Maureen Wright- Homeowners Crystal & Erron Viuhkola - Homeowners Florui Cristureau - Homeowner Mike Deyrk - Homeowner Beverly Vosika - Spouse of Co-owner Amy Anderson - Spouse of Co-owner Location and Time of meeting: Tigard Fire Department, Station#51, Community Room. 8935 SW Burnham, Tigard, OR 97224 Time meeting began: 6:00 p.m. on Tuesday, April 15, 2003 PURPOSE OF MEETING: Neighborhood Meeting TOPICS DISCUSSED: 1. Larry& Maureen Wright: They thought the plans had changed. When they realized the plans were the same they left the meeting. 2. Crystal & Erron Viuhkola: They inquired about how big the homes were going to be. If there's would be too big. (Resale Value is their concern). They were also interested in floor covering and tile for countertops etc... Also drainage pond, topsoil, will they get topsoil or will it be hauled off?They had addition questions pertaining to their own house. 3. Florene Cristureau: She was wondering about a flag at front of property? Possible a sewer. Also wondered about what kind of homes are going to be built, $350,000.00 and 2400 s/f was the answer. 0: How long is the process? Q: Are you doing pre-solds? Q: Will there be a fence? 4. Mike Deyrk: Is the land to be developed or just to sell lots, He owns a home at the end of the entrance at the dead end. The city told him they do not want a road to tie into 121St. Q: What is on dotted line?A: Easement for utility. Q: What is the time frame for street to start? A: Depending on City Permits. Alrey D&veiopvrtevtt L.L.C. PO Box 843 Beavercreek,OR 97004 NEIGHBORHOOD MEETING Date of meeting: April,15,2003 Page: Place of meeting: Tigard Fire Department,Station #51, 8935 SW Burham,Tigard,OR Time meeting: Began: 6:00 PM Ended: 8:00 PM ATTENDANTS -0 1 0 1/1auxeet-. W<i it- I 1 VD 61) 14 1 J 31. Nstme 1 Address Name r, Address —7-1/(9 Cilkti Oil Iii&UA /2 //6>((L- Na e Address rl ia-l/k)" Name 4.` Addr- s 044 ,/ , 6 Name Address 12_6442- Sa) I IC2t11 Mix_ ( 19c4,, Ne Address 6/..,_4".„04arilfe Address jazd_h_. ;as,.., Name Address Name Address *Please PRINT clearly your name and address 146(11.'ey DEVELOPMENT, L.L.C. PO Box 843 Beavercreek, OR 97004 MEETING MINUTES March 12,2002 ATTENDEES: James E Anderson -Co-owner Ashrey Development,LLC Dave Eberhardt—Ashrey Development Representative (Eberhardt Construction Management, LLC) Roger Potthoff—Homeowner Ray& Sue Cappoen—Homeowners Larry& Maureen Wright—Homeowners Joan Dreyer—Homeowner Jeff Pfeifer—Homeowner R. Kelly Berygson—Homeowner Todd Knepper—Compass Engineering Bruce Goldson—Compass Engineering—Speaker Location and time of meeting: Tigard Fire Department, Station#51, Community Room 8935 SW Burnham,Tigard, OR 97224 Time meeting began: 6:10pm on Wednesday,March 13, 2002. PURPOSE OF MEETING: To review questions regarding proposed 61ot subdivision at 11710 SW Walnut, Tigard, Oregon. TOPICS DISCUSSED: 1) Bruce Goldson: Briefly covered scope of proposed project, reviewing procedures and steps followed and future progression —i.e. codes, density, future meetings... 2) Roger Potthoff: Asked if anyone from the city was in attendance? Response (Bruce): No. However, City would receive copy of these minutes and would be in attendance at a future meeting. 3) Maureen Wright: Would traffic use another road to access subdivision? Response (Bruce): Direct access to the lots would be off of SW Errol Street only. 503 632-3820 Office 1 503 632-3170 Fax 44d u'ey DEVELOPMENT, L.L.C. PO Box 843 Beavercreek, OR 97004 4) Roger Potthoff: Did the City plan on widening Walnut in the lower area as it had already completed above and below the lower area? Response(Bruce): Explained this question didn't pertain to the subdivision. However, explained that the City was concerned about that area and was probably working on a design for it. Suggested he call the City of Tigard. 5) Jeff Pfeiffer: What type of buildings were proposed? Response (Bruce): Single family residential homes, upper end. Proposed homes would raise surrounding value of present homes. 6) Maureen Wright: What kind of homes? Response(Dave): Custom upper end homes. No tract homes. 7) Roger Potthoff: Is the city going to do anything about the lack of lighting at the corner of 116th and Walnut? Response (Bruce): No information available. Suggested he call the City of Tigard. 8) Jeff Pfeiffer: How long before this proposed project would begin and how long would it take to complete? (Concern was construction traffic during summer with playing children on the streets.) Response (Bruce): Would take approximately 8 months to start of project. Project wouldn't take long to complete (estimated 4 months) because it was small—only 6 homes. Response (Dave& Jim): Assured him dump trucks would be few as most of dirt would remain on site. Also, City regulations and speed laws would be strictly enforced with monetary fines applicable to construction people. (Both Dave&Jim explained they have small children and completely understand the seriousness of the concern.) 9) Bruce & Dave: Provided information on -surface water,the placement and type of water detention system, and utilities placement. The meeting ended at 6:30pm on a positive note with all questions being answered to the questioners' satisfaction and without dissension from the attendants regarding the proposed 6 lot subdivision. 503 632-3820 Office 2 503 632-3170 Fax Avihre i DEVELOPMENT, L.L.C. PO Box 843 Beavercreek, OR 97004 NEIGHBORHOOD MEETING Date of meeting: March 12. 2002 Page: Place of meeting: Tigard Fire Department. Station 051, 8935 SW Burnham, Tigard. OR Time meeting: Began: (9:00 e M Ended: j*CO P m ATTENDANTS Cg2 PeThltoFF /f7/O .56i) 4NA) ST. /,c- Name Address N. 1 // Address lodc1 kfr1Ep ut S.C. cAl<6 kr hr/Lr,JAkKlE •QZ �j7ZZZ Name Address Name Address S E Dav1-,L Rai .- 9 70 al N e Address • i& ieen ' ,1.1 1A.) Name / Address 40 - - . f w • 9722X • e / Address proo UeI�� 7(40 /VC R-j NE-L,) Name Address JEFF l feN /2431- ,rw //cri F 7;o"tp 77 Name Address * Please print clearly your name and address. SO 'd WV 5x:80 (]Hl ZOOZ-bI-��W rQ rey DEVELOPMENT, L.L.C. PO Box 843 Beavercreek, OR 97004 NEIGHBORHOOD MEETING Date of meeting: March 12. 2002 Page: Place of meeting: Tigard Fire Department, Station #51, 8935 SW Burnham, Tigard, OR Time meeting: Began: 6•00 PM Ended: S.:co p.m. ATTENDANTS 510'3401 Name 6 Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address Name Address * Please print clearly your name and address. O 'd Wd 5Z:80 (1Hi ZOOZ-b I-8dW AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN(7)CALEIDAR:DAYS OP THE SIGN POSTING,RETURN THIS AFFIDAVIT TO: City or Tigard Planning Division 13125 SW Hall Boulevard 'Tigard,OR 97223 I, ames , , do affirm that I am (represent) the party initiating interest in a proposed Part o,r\ 1- 1 4-- s u.sbd,Lc‘%i o Ni affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) 1 l I ( ), On, , and did on the day ofp`nruar 412ooZpersonally post notice indicating that site may be proposed for a S application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at i1-1 of c-e „-, e ,r-;es- (state location you posted notice on property) • Sig ature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and swcrn/affirmed before me on the 2 J5 day of ✓Zl�c , 1?S . •fir. OFFICIAL SEAL JUANITA I RIG'I1A�! _cam.. — oeM :_ c NOTARY PUBLIC—OREGON NOTA- 'PUBLIC OF OREGON � COMMISSION Nas My Co. mission Expires: MY COMMISSION EXPIRES JULY 24,2004 (Applicant, please complete information below for proper placement with proposed project) rNAME OF PROJECT OR PROPOSED NAME: T a fl- a r 5 TYPE OF PROPOSED D E OP I . . ■ .� o �.2 _ ► l...d Name of ApplicantiOwner. 1}YL * . IAddress or General Location of Subject • 5 (.v' � .. _' �k (S)-(2 ,9 712_3 "Subject Property Tax Map(s)and Lot#(s):_ _ I Y AFFIDAVIT OF MAILING STATE OF OREGON ) ) ss. City of Tigard ) I �Prr-nom S (— _ r-;i'■_ 0 -rz_S o Ni ono. , being duly swom, depose and say that on F-e 17 ruu r c., a-I i , '14', I caused to have mailed to each of the persons on the attache& list, a notice of a meeting to discuss a proposed development at (or near) 1_ l 0 __,Oa.\\n_v,_ 1 (3 a rA CD lC,i-)/\ a copy of which notice so mailed is attached hereto and made a part of hereof_ I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the Unit yd States Post Office located at - j ac l�0 SC_ c n �V hc- :wn , with postage prepaid thereon. VoNk) 't Viv-n: • ' S nature On the presence of a Notary Public) . (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) aOO Subscribed and swom/affirmed before me on the o25 day of -eh�'ratr , 19 . _ y . O,, OFFICIAL SEAL gti:06 rt JUANITA I RICH r, NOTARY PUBUC-OREGON �in COMMISSION NO ,' S77c ' .4kw. MISSION-aNititS Y 24, ••• ° - r - .I , �. �/L ... �d �_►,, N! NO OREGON NO '• RY PUBLIC OF OREGON MY COMMISSIUr.. ,r,iS JLLY 24,2004 M Commission Expires: r (Applicant, please complete information below for proper placement with proposed project) NAME OF PROJECT OR PROPOSED NAME: TraP,le?r� t�P� . ' ' TYPE OF PROPOSED D LOPMENT: �a _ `• - . 1 `- . M• ' - Name of ApplicanUOwner �r-ea-►�e - U. rrv� L.L.C'_ 'Address or General Location of Subject o:_ ` I f L-- -- wr-� ncLo*"- tca 1 I J triogriWatty\masten�udh*'°r-mst 74j12rey DEVELOPMENT, L.L.C. PO Box 843 Beavercreek, OR 97004 February 21, 2002 • «Title» «FirstName»«LastName» Address2» «City», «State» «Postal_Zip_Code» RE: Ashrey Development, LLC Dear«Title»«LastName»: Ashrey Development, LLC is representing the owner of the property located at 11710 SW Walnut, Tigard, Oregon. We are considering proposing a partition and a 6-lot Subdivision at this location. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: March 12, 2002 Tigard Fire Department Station#51 8935 SW Burnham, Tigard 6:00—9:00pm Please notice this will be informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at (503) 632-3820 if you have any questions. • Sincerely, Jim Anderson President JEA/jr Cc: City of Tigard Community Development 503 632-3820 Office 503 632-3170 Fax if, lir,.., allpili AREA NOTIFIED pili AN me 500' f = FOR: Pamela Ale ria RE:ii , la IT �..�RCN 1 4.0 , . RE. 2S103BD-0020• N \��e SW BAMBI .N 4a IL op ti fNINININ STQ� N,,,, Property owner information 111 Olt :Ms, Is valid for 3 months from " � the date ranted on this map. rNaN P P �� aliNNaa n =Fla � 'OL ST � `-" git ttlsNasaN � : `� � �� e nrNaa»N tn FrA eri TIPPITT P\- EIMI gil a : ii I. ST flagN7N 111 muN.a1N,, iii ...... NI Z Wt.,,.u„y Mlaamis4 NNa awatr I J i111aaa7aN saiNaarlN 1NeW.N __ • ila •M N DOWNF •M 11:ItT , • ltMNaNaM 0 100 20_'x300 400 Feet seise ^� 7 1'4 303 feel V I Alk TA ST I ' u City of Tigard A Informetlan on Ibis map is fw gemnl location only and • ` sbouW be veafied vnlh the Davelo r— �� 13125 SW Hall Blvdl Services Division. / I Tigard, 97223 (503)63 9 http:/Iwww.ci.ligard.gaN.or.us Community Development Plot date:Jan 9,2002;C:lmagic\MAGIC03.APR 2S103AC-04700 251038D-07600 ABEYTA JAMES A& IRENE I BOECK MARK G&CATHERINE L 12501 SW 114TH TER 12621 SW 115TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S 1038D-00900 2S 1038A-03800 ALLEN ELIZABETH A& STEVEN P BOOTH DAVID&MARY P 12540 SW 121ST AVE 11865 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 10380-00901 2S103BD-06300 ALL STEV ► - IZABETH A BOX DAVID& RHONDA 12541 _•• 1ST AVE 12648 SW 116TH AVE ARD, OR 9 ' TIGARD,OR 97223 2S1038A-01001 2S103BD-00400 ANDERSON EDWARD L& BRAK EDITH A ANDERSON MARY ANNE 823 S JUMPER DR PO BOX 1081 MOSES LAKE,WA 98837 ST HELENS, OR 97051 2S 1036 D-06500 2S 103BD-00200 ARIFIN LESLIE P& CAPPOEN RAYMOND J TEE MAY H SUZANNE 12610 SW 116TH AVE 11710 SW WALNUT ST TIGARD, OR 97223 TIGARD,OR 97223 2S 103BA-01000 2S 103BD-02400 AUSBIE DONNA D CLARK OSCAR H&DELORIS L TRS 12400 SW 121ST AVE 11800 SW CARMEN ST TIGARD, OR 97223 TIGARD,OR 97223 2S 103BD-07400 2S 103BD-02100 BARLOW LEWIS R&NANCY J COPELAND MAUREEN T(TERRI) 12575 SW 115TH AVE 11805 SW CARMEN TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-07200 2S 103BD-04500 BAYLEY GLEN M&LAURIE M CRISTUREAN FLORIN&IOANA M 12517 SW 115TH AVE 12449 SW 116TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S 103BD-01300 2S 103BD-07300 BERGQUIST R KELLY CUTLER ERIC J&LISA A MERRILL M 12557 SW 115TH AVE 12660 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-02700 2S 103BD-01500 BIEHL PHILIP D&LINDA M DANIEL JAMES W 11940 SW CARMEN ST 5150 SW LANDING DR APT 111 TIGARD, OR 97223 PORTLAND,OR 97201 2S 103BA-001 18 2S 103BD-06200 DANIELS DOUGLAS R GENIUCH RONALD W&EDITH M PO BOX 1493 12664 SW 116TH AVE WATERVILLE, ME 4903 TIGARD,OR 97223 2S 103BD-08300 2S 103AC-04300 DEVER MICHAEL T GOETZ JEANNE 12450 SW 115TH AVE 12758 SW 114TH TERRACE TIGARD, OR 97223 TIGARD,OR 97223 2S 103BA-00105 2S 103AC-06400 DIMM ERIC JON& GRECO LEONARD R LOIS MARGARET 8151 SIMMS SL 11830 SW ANN ST ARVADA,CO 80005 TIGARD, OR 97223 2S 103AB-03000 2S 103BD-08100 DISTANT DOUGLAS& DEBRA V HARDIN PAUL S&KATHLEEN 12465 SW 114TH TERRACE 12514 SW 115TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2 S 1038 D-02900 2S 1038 D-05900 DOWNING JOHN D&JANICE M TRS HARFIELD LEE R&MARY K 12020 SW CARMEN ST 12720 SW 116TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S 103BA-00900 2S 103BD-06000 DUTY MARK L&JODI G HAYDEN DARRON R&WENDY 12330 SW 121ST 12716 SW 116TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S 103BD-06700 2S10360-05500 DUYCK MICHAEL R&ANN I HERBST JAMES A&NANCY H 12562 SW 116TH AVE 12679 SW 116TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S 103BA-00116 2S 10380-06100 ERWERT ROBERT E TRUSTEE HILDENBRAND RYAN P&JENNER L 11705 SW ANN ST 12712 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 1038A-00600 2S 103BD-01001 GAARDE RICHARD J&DOROTHY A TR HUGHES JACK D TR& 270 NW 88TH AVE HUGHES LEONE M TR PORTLAND,OR 97229 12580 SW 121ST AVE TIGARD,OR 97223 2S 1038A-00700 2S 103BD-10400 GAARDE RICHARD J II AND HUNTERS WOODLAND LLC JUDITH 0 4351 SW CULLEN BLVD 11825 SW WALNUT PORTLAND,OR 97221 TIGARD,OR 97223 2S 103BA-00104 2510380-05700 HUTCHISON PERRY C KYRISS RICHARD B&CONSTANCE L 11890 SW ANN ST 12703 SW 116TH AVE TIGARD, OR 97223 TIGARD,OR 97224 2S 103B D-01900 2S 1038A-00109 IADANZA NICHOLAS E AND LEE RENEE LYNETTE MARGRET A 11590 SW ANN ST 11865 SW CARMEN ST TIGARD,OR 97223 TIGARD, OR 97223 2S 103BA-00200 2S 1038D-06800 JENOVICH M GLYNN MAXINE LEE SIU KHENG U&KEVIN 11525 SW WALNUT AVENUE 12548 SW 116TH TIGARD, OR 97223 TIGARD,OR 97223 2S 103BD-04900 2S 1038A-00103 JERMSAK SUMALEE LEIST THOMAS L&UNDA G 12537 SW 116TH AVE 11950 SW ANN ST PORTLAND,OR 97223 TIGARD,OR 97223 2S 10380-02000 25 10380-07900 JOHNSON DAVID W LEITCH KATHRYN S 11835 SW CARMEN ST 4427 NE 71ST TIGARD, OR 97223 PORTLAND,OR 97218 2S 103B0-00600 2S 103AC-04200 JOHNSON DONALD R&CYNTHIA D LIBERT SCOTT A AND CYNTHIA M 11970 SW WALNUT ST 12636 SW 114TH TERRACE TIGARD, OR 97223 TIGARD,OR 97223 2S 10380-01700 2S 10380-01800 JOHNSON WARREN A LIEBL THOMAS R AND BONNIE MARGARET F 11905 SW CARMEN STREET 11945 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S 1038 D-02200 2S 1 038A-00300 KARLSON E J V I LINDQUIST MARVIN T&JACK! S 11765 SW CARMEN ST 11565 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-04000 2S 10313D-06600 KAWASAKI NOBUO SHARON LE LIU CHENG-JUI 5750 E HILLCREST DR 12586SW 116TH AVE PORT ORCHARD,WA 98366 PORTLAND,OR 97223 2S 10313 D-06400 2510380-07100 KNAPPICH THOMAS R&CAROL A LONG LAIN T&MICHELE L 12626 SW 116TH AVE 12455 SW 115TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2 S 103BD-06900 2S 103AC-04800 LUDES GREGORY J&SUZANNE MYERS SHERRY L 12526 SW 116TH AVE do MYERS DANA L TIGARD, OR 97223 12487 SW 114TH TERR TIGARD,OR 97223 2S 1038D-07700 2S 103BA-00201 LUONG PHIET& LE TERESA NIHILL GERALD T&DEANNA LYN 12602 SW 115TH AVE 11545 SW WALNUT ST TIGARD,OR 97223 TIGARD, OR 97223 2S10300-02600 2S 1038 D-01200 MADDOX CLIFFORD L AND NIX LOY CARL MARSHA A CAROLYN J 12630 SW 121ST 11900 SW CARMEN ST TIGARD,OR 97223 TIGARD,OR 97223 2S10360-01600 2S 1038 D-00602 MALONE THOMAS E NORMAN JACK J JR AND PFAHL SUSAN N M MARY J 11985 SW CARMEN STREET 11930 SW WALNUT TIGARD, OR 97223 TIGARD,OR 97223 2S 1038A-01002 2S 103BD-05200 MANSON GARRY D OLSEN TOM E&DENISE E ROSALIE 12615 SW 116TH AVE 12370 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103 BA-00115 2S 103BA-00106 METZLER RICHARD C JR AND PARSONS JOE P MARLYNN DEBORAH J 11770 SW ANN ST 11765 SW ANN ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103 B D-05800 2S 103B D-08600 MISCHEL RODNEY D& PETERSON RONDA KAY& SUSAN M RENCK CHRISTINA G 12727 SW 116TH AVE 11513 SW BAMBI LN TIGARD,OR 97223 TIGARD, OR 97223 2S 103 B D-05600 2S 1038 D-05300 MIX KELLY C&WYNONA G PFEIFER JEFF J&JULIANE M 12681 SW 116TH AVE 12639 SW 116TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S 103AC-04600 2S 103AC-01 100 MOHR JAMES B SR&CAROL J PHELAN THOMAS C 12523 SW 114TH TERR 4504 GRANT ST TIGARD, OR 97223 VANCOUVER,WA 98660 2S 1038D-08400 2S 103RD-07500 MULLEN MICHAEL EDWARD& POH LEONG CHIN&FELICIA M TAMARA LEE 2031 SE 43RD 11577 SW BAMBI LN PORTLAND,OR 97215 TIGARD,OR 97223 2S 103BA-00107 251038D-5000 POTTHOFF ROGER& MARY SHIMOJIMA KOREY& 11710 SW ANN ST SHIMOJIMA M DIANNE TIGARD,OR 97223 12555 SW 116TH TIGARD,OR 97223 2S 1038D-04600 2S 1038D-05100 PRITCHARD SEAN M SIMELE PAUL E& 12453 SW 116TH AVE NGUYEN HANH T TIGARD, OR 97223 12583 SW 116TH AVE TIGARD,OR 97223 2S 1038A-00120 23 103AC-04500 RAYE STEVEN D AND ZOLA T SKIDMORE DAVID A/JODI K 12270 SW 116TH AVE 12545 SW 114TH TERRACE TIGARD, OR 97223 TIGARD,OR 97223 2S 103BD-02800 2S 10380-02300 REEVES MICHAEL D AND NADINE K SMITH ROSS JAY 11980 SW CARMEN ST 11760 SW CARMEN ST TIGARD, OR 97223 TIGARD,OR 97223 2S 10380-02500 2S 1038D-03900 RHONE HENRY JR SMITH SANDRA T WAYNE ROSALIE E 12880 SW 121ST 11860 SW CARMEN TIGARD,OR 97223 TIGARD,OR 97223 25 103BA-00117 2S 1038A-00108 RIFFEL RONALD V AND SPRAGUE MICHAEL M HARRIET N DOLLIE P 11645 SW ANN STREET 11650 SW ANN ST TIGARD, OR 97223 TIGARD,OR 97223 2S 1038A-00500 03BD-08700 ROGERS KATHERN J TRUST TIGA OF BY KATHERN J& DAVID K ROGERS CO-T 1312 LL 11695 SW WALNUT ST ARD,OR 23 TIGARD, OR 97223 2S 103AB-03100 038D ROSEN BARRY N&DEBORAH V TIGA ITY OF BY PERCY RUTTEN 131 SW L 1390 AMARANTH DR T ARD,OR 9 223 NAPERVILLE, IL 60564 2S10380-00700 103BD-10500 SCHIVLEY ROBERT L JR& TIG• '1 • OF JULIE A 1312 • • L 12020 SW WALNUT ST .ARD,OR 9 23 PORTLAND,OR 97223 2S 1038D-05400 2S 103BD-04700 SCOTT RUSSELL D TRUMMEL ERIC J& DANETTE J 12653 SW 116TH AVE 12535 SW 116TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103AB-06400 2S 103BD-00301 TURNER REX L&CHERYL M WILLIAMS LENA MARIE 12393 SW 114TH TER 11770 SW WALNUT ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103BD-07000 25 103BD-08000 UNG KHOY DIEU& HUE MY WONG CHI L& 12454 SW 116TH AVE CEN MILAO HUA& TIGARD, OR 97223 CHI FUNG CHUN 12540 SW 115TH AVE TIGARD,OR 97223 2S 103BD-08200 2S 103BD-00300 UNG NGENG KHOY& WRIGHT LARRY A& MAUREEN L CHEU EAV PEANG& 11800 SW WALNUT ST UNG KEVIN TIGARD,OR 97223 12500 SW 115TH AVE TIGARD, OR 97224 2S103BA-00401 URLING HARRY F&NELL P RESTATED TRUST THE 11625 SW WALNUT ST TIGARD, OR 97223 2S 103BD-04800 VILDERMAN EUGENE&LAURA 12519 SW 116TH AVE TIGARD, OR 97223 2S 1038 D-08500 VIUHKOLA CRYSTAL M&ERRON J 11535 SW BAMBI LN TIGARD,OR 97223 2S 1038 A-01003 WASHINGTON COUNTY BY LUT CPM DIVISION RIGHT-OF-WAY 1400 SW WALNUT ST MS18 HILLSBORO, OR 97123 2S 103BD-00603 WASHINGTON COUNTY DEPT OF LAND USE&TRANSPORTATION CPM DIV-RIGHT OF WAY SECTION 1400 SW WALNUT ST MS#18 HILLSBORO, OR 97123 2S 103AC-04400 WASSERMAN TODD C&JILL M 12567 SW 114TH TER TIGARD, OR 97223 2S103BD-07800 WEBB TANYA R&JEROME P 12562 SW 115TH AVE TIGARD,OR 97223 Jack Biethan 11023 SW Summerfield Drive #4 Tigard, OR 97224 Brooks Gaston 10272 SW Meadow Street Tigard, OR 97223 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 :ITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE (i:\curpin\setup\labels\CIT Central.doc) UPDATED: December 27, 2001 Jolett 1'(azanj and isoeiatel JiCE l�u scu�ie Coza.uLtin 9 MEMORANDUM TO: Jerry Vosika Ashrey Development FROM: Robert Mazany, ASCA / Registered Consulting Arborist#133 / DATE: June 1, 2003 RE: Cappoen Estates Development—Tigard I have completed my site and plan review of the proposed development on Walnut Street in Tigard as requested. There is only one tree within the project limits with a diameter larger than twelve inches. This is a 22.6 inch diameter alder located at the west property line of Lot 6. It is in good condition for the specie but heavily covered with large ivy stems up into the lower one- third of the crown. It can be retained provided the following precautions are taken and therapeutic care requirements are carried out prior to any site activity potentially injurious to the root zone, trunk or branches. I. Prune to ANSI A-300 Crown Cleaning standards for ivy and deadwood removal. Interior thinning must not exceed fifteen percent live tissue(branch)removal. 2. Deep root liquid injection fertilize to National Arborist Association standards using slow release formulations. 3. Install tree protection fence as far beyond the drip line as is practical but in no instance closer than one foot beyond any necessary construction. The fence must be six foot, semi permanent, chain link on steel posts no further apart than ten feet on center. They must remain taut and in place throughout the duration of construction. The fence location and/or any necessary intrusion into the tree protection area must be approved and directed by the Project Consulting Arborist. Though not the most desirable of specie,this tree is in good condition and sufficiently viable to retain as a landscape amenity. I trust this information will be sufficient for your needs at this time. Please contact me if additional information is required or when I may be of further assistance on this project. cc: Karl Mawson Compass Engineering ?Ln. _Sox 1305, 22.3zacrztton, (Dzz yon 97075 • (503) 6q6-os97 IMAY 032002 C1eanWateer Services Our commitment is clear. By File Number I 2.000 Sensitive Area Pre-Screening Site Assessment �Qw_ �Z�F.sue Cat ppoeM w ,lt7tossa .th..45 pgrd Jurisdiction Tigard Date April 23, 2002 `1 Map & Tax Lot 2SJ-3BD, Lot 200 Owner�\�`��l J rry Vnsi ka Site Address 11710 SW Walnut PO Box 843, Beavercreek, OR 97004 Tigard, Oregon Contact Karl Mawson, Compass Engineering Proposed Activity 2-Lot Partition, then Address 6564 SE Lake Road 6-Lot Subdivision Milwaukie, Oregon 97222 Phone 503-653-9093 Official use only below this line Y N NA Y N NA Sensitive Area Composite Map _ I I < Stormwater Infrastructure maps Map # .�.5/ W A QS # 3 l Y N NA Y N NA 4C Locally adopted studies or maps Other 2000 Q".°I P4.r. Specify Specify C w5 F'le /773 Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 00-7: Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. Sensitive areas do not appear to exist on site or within 200' of the site. This pre- screening site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. THIS FORM WILL SERVE AS AUTHORIZATION TO ISSUE A STORMWATER CONNECTION PERMIT. The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Comments: // t25«/ 07 rcv;ew o I o�Cc<)5 f'/e /?73 0../ .Zocx7 a.(wk./ o.�orb) r%'e �.0". ricr, y J�y1-trre gtfci °vl ro �e Reviewed By: Date: .T-Y- 02 Returned to Applicant Mail x Fax Counter_ 155 N First Avenue, Suite 270 • Hillsboro,Oregon 97124 Date 5-2'-o.z By Phone: (503) 846-8621 • Fax: (503) 846-3525 www.cleanwaterservices.org a/is q..419d i A,iy)/ 110 SDUO„I� Application Narrative — Cappoen Estates Subdiviison A) BASE INFORMATION Address: 11710 SW Walnut, Tigard, Oregon Tax Lot: Map 2S-1 E-3BD, Tax Lot 200 Owners: Ray & Sue Cappoen 11710 SW Walnut, Tigard, Oregon 97223-3028 Applicants: Jerry Vosika &Jim Anderson Ashrey Development, LLC PO Box 843, Beavercreek, OR 97004 503 632-3855 Applicant's Representative: Karl Mawson Compass Engineering 6564 SE Lake Road, Milwaukie, Or 97222 503 653-9095 Tigard Pre-App: Brad Kilby 503-639-4171 B) EXISTING CONDITIONS Vicinity Map B r D r'- ai le �t J ` S 1 -5 a l z d 5 2 0 -6I. Y READay \- 4gr KATHERINE ST 2 m sKsrAn�arn> _ sT a 4. 4 f 2. 1 ' r �_ t le o z o.� °\-7',14.2,_,....y°<~, sr ' i F'" ' fti pally' Ai OM ST M lAt. _. N SY ry e a( �' CT s S xqr Sr N MID i ccmESeAJE•m a SY PRO 4p r--' 91 1 0� rat` JACK a R Cr t n� wA IT T f e g wir a g .a 22 5'' a minas sr c.-1-. , p w4t N7 StA 109:0 t `ST ° r ■ 2 p 1` K K O illito N N s. y �.1 N �� iw ° 3[ N SY :E1 ! Y N N SY IIARTE "l su --� R tate s - . d �, �.lo c� *b 4 f 12900 t, cJ ST 3 SY v' CO P QT��r/ ri _,<"wu � - SW ALBERTA , SY&WI to arm 4, a A `fr'` r SW MATICFlJS 01.4.) d n tip, s , . dt N , 12500 SY Fame 0 r .s s QP su l R wY 1 SY SECA CT Q' miss 00rn 4"4,r FIC/3EN j f s.Cy Ai Caksmai �,c tAES__ N - El p cr s, t. .,�iJ 3p` �u St/1 I :. tAi .S w. .. � r'C StJ TM >yELL�VE\ �,._ tea. \,` ��> . O� tr')� '"' 12100 n d_ •a• ',74:v.,067.0, „too cS ew c oiN((19W �.�, ;��a�' s —+54! MARION ST ' �.,u'' ,,,,-,•, � sy <p u�- „A, 1 . sp ° t /. ©2001 Thomas Bros.Maps B c D N:\PLAN\5038 Vosika-Tigard\5038Subdivision Narrative.doc - 1 - Last printed August 19,2002 9:21 AM This 1.32 acre parcel is adjacent to a stubbed out SW Errol Street, and is one lot separated from both Walnut Street and SW 116th. The property is 164 feet wide and an average of 352.5 feet long. Zoning is R-4.5. No sensitive lands exist on the site. The land slopes down gradually north toward Walnut Street. There are a few trees along the west and south property lines. Trees in the back part of the parcel tend to be orchard trees, specifically apple and filbert trees. To the east is a recently constructed subdivision with eight single-family lots backing up to this property. Single-family homes are to the south and north of the property, and another home is located adjacent to the south-west portion of the property. This house to the west has a long driveway running adjacent to this subject property. SW Errol Street stubs out along the east property line, connecting this parcel to the adjacent subdivision to the east. Errol Street has the potential to continue to the west, eventually running in to 1215` Street or possibly connecting to Walnut Street. Access to the south is restricted due to 118th Avenue ending in a cul-de-sac. Within SW Errol Street are sanitary sewer, storm sewer, and water. Storm and sanitary are also within Walnut Street, and an easement has been established in a recent minor land partition to allow storm water to run to Walnut Street. The multi-purpose easement also allows access to a parcel which fronts Walnut Street. Sensitive Lands 18.7775 As indicated on the existing conditions map, this site is relatively flat, is not a wetland or within 400 feet of a stream, and not within any floodplain. Cleanwater Services Pre-Screen and Service Provider Letters substantiates this information Tree Removal 18.790.030 Trees have been identified and mapped as set forth 18.790.03B. A few smaller nut or fruit trees exist on the site. Dogwoods have been planted along the west property line. As part of the extension of SW Errol, a 6 inch Apple tree and a 25 inch multi-trunk Filbert (probably Corylus avellana) would be removed. Construction of a home on lot 3 would also mean the removal of two 8 inch Apple trees. Trees which could be protected include the Dogwoods along the west property line, a 6 inch deciduous tree on lot 2, and a 22 inch Alder on lot 6. Subdivision Tree Protection Plan These two trees and the Dogwoods along the west property line will be marked as part of the construction process. A barrier fence will be set up outside the drip line of those trees such that vehicular traffic or material storage will not inadvertently compact the soil. C) SUBDIVISION DESIGN Chapter 18.705 Access,Egress,and Circulation The 6 subdivision lots will all have access to SW Errol Street. In case Walnut Street access is eliminated for the parcel to the north(the parcel created in the minor land partition), an easement is established along a previous minor land partition to provide access to SW Errol Street. This easement will serve both for access and as a public easement for storm water conveyance. Although SW Errol Street is being extended to a distance of approximately 280 feet from the centerline of SW 116t, no circular turn-around or hammerhead is proposed at this time for a couple of reasons. First, the street is intended to continue so N:IPLAM5038 Vosika-Tigardt5038Subdivision Narrative.doc -2 - Last pinled August 19.2002 9:21 AM any type of turn around would be temporary. Second,the private street serving lots 5 and 6 can serve as a turn-around. Finally, there are only 4 lots directly facing SW Errol Street counting both this subdivision and the completed subdivision to the east. 18.810.030 Circulation and Local Street Plan, 18.795. Vision Clearance Plan A local street plan would have SW Errol street continuing west to 12151. It may also be possible to have a north-south street extend from SW Carmen to Walnut somewhere between 1215t and 116t. Extending SW Errol through this subdivision encourages increased connectivity to the west and an additional connection with Walnut Street. Although no new intersections are being created, the individual driveways will comply with the clear vision standards. Lot and Block Size 18.510.010 Zoning Districts and 18.510.040,Densities, Lot Sizes,and Setbacks This parcel is divided into 6 lots, with 4 of them having direct access to the extended SW Errol Street. Net density is determined by first removing the area of SW Errol Street which is square feet. The six lots results in an averages size square feet per lot, not counting the access to lots 5 and 6, labeled Cappoen Lane. Lots 5 and 6 have at least 20 feet of frontage onto Cappoen Lane, and will share access and maintenance with each other. The maximum number of lots is 7 and the minimum number is 5. The lots also exceed the minimum lot width of 50 feet. As the lot sizes meet current standards,there are adequate buildable areas after setbacks are considered. Zoning Lot Size 7,500 Sq. Ft. Lot# Area Width 1 10,660 82 2 10,660 82 3 7,028 72 4 6,598 72 5 6,230 82 6 7,258 82 Flag 1,900 20 Street 7,380 12 Sub.Tot. 57,714 Average Lot Size = 8,072 Sq. Ft. Maximum Density= 7 Minimum Density= 5 D) PUBLIC IMPROVEMENTS 18.810.000 Streets and Utilities As previously mentioned, SW Errol will extend across the subdivision. The street as proposed will be 44 feet in width, with curb sidewalks similar to the subdivision to the east. The right-of-way, paving width, and street cross-section are identical to the existing, recently approved SW Errol. Street trees will be planted in the front yards of the adjacent properties. Water, and sanitary lines will be extended on SW Errol to the end of the property, and also up Cappoen Lane for the two dwellings. 18.810.100 Storm Drainage N:\PLAN\5038 Vosika-Tigard\5038Subdivision Narrative.doc -3 - Last printed August 19.2002 9:21 AM Storm water currently flows slightly east and north toward Walnut Street. Subdivision storm drainage will utilize this slope and place the storm water facility in the northeast corner of the subdivision. After meeting water quantity and quality requirements, storm water will continue north, entering a manhole within the Walnut Street right-of-way. A storm drain line will extend to the west property line, and pick up runoff from the adjacent property. 18.795 Off-Street Parking&Loading The required parking space requirements of at least on space per unit will be met as part of single-family home permitting and construction. E) REVIEW PROCESS A Pre-application Conference was held with the City of Tigard on January 8, 2002. Tigard staff present included Brad Kilby from Planning and a Tigard representative from Engineering. Applicant participants included Pamela Alegria and Todd Knepper. A neighborhood meeting was held on March 12, 2002, 6:00 PM, at the Tigard Fire Department Station #51. Participants included the owner, two representatives from Ashrey Development, LLC; two representatives from Compass Engineering; and 6 homeowners from the surrounding neighborhood. F) IMPACT STATEMENT Some of the following information may duplicate information above regarding utilities. The purpose of the Impact Study is to review existing public facilities and address any proposed impacts that will likely occur as a result of development. Transportation System The traffic from the 6 lot subdivision will use SW Errol and SW 116t for primary access to Walnut. Walnut Street can accommodate this increase in traffic, and its collector status and cross-section design are based on land such as this developing to at least minimum densities. SW Errol Street will be constructed to match the recently constructed existing street. Drainage System The proposed drainage system will be collected via a piped system and be treated by a water quality and detention facility. The designs will be in accordance with the standards set up by Clean Water Services and the City of Tigard. The treated water will then be released to the existing 15 inch line in Walnut Street. A stormwater public easement is provided along the east side of the property from SW Errol Street to Walnut Street. (Part of that same area is also an access easement for Parcel A.) Stormwater provisions are shown on the submitted plans. Water System There is an existing 8 inch line on SW 116th, which is reduced to 6 inches for SW Errol Street. The 6 inch line will be extended to the west property line and is sufficient for these 6 lots Sanitary Sewer System The 8 inch line in SW Errol Street will be extended to the west property line, and is adequate for these 6 lots. Noise Impacts No negative noise impacts will result from this project. Construction noise will comply with code requirements, and after construction noise generated would be typical of a single-family neighborhood. N1PIAN15038 Vosika-Tigard\5038Subdivision Narrative.doc -4- Last printed August 19,2002 9:35 AM Parks System Although 6 single-family lots will generate little park use, there are some parks close to this site. Hunters Glen is about one-tenth of a mile away, Fowler Middle School is about four-tenths, and Jack Park is less than a mile SUBDIVISION APPROVAL CRITERIA 18.430.040 Approval Criteria: Preliminary Plat A. Approval criteria. The Approval Authority may approve,approve with conditions or deny a preliminary plat based on the following approval criteria: 1. The proposed plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; As explained above and on the design sheets, the plat complies with the zoning code in terms of recognizing and utilizing existing conditions, meeting street and lot size requirements, and extending services for the 6 additional lots. 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; The plat name of Cappoen Estates does not duplicate other Washington County plat names. 3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; The plat uses the east/west SW Errol Street for access. By extending the street across the lot, the street is available to connect to a variety of street patterns serving property to the west. and 4. An explanation has been provided for all common improvements. Design sheets have been submitted indicating the provision of streets, storm water treatment, sanitary sewer connections, and the provision of water. N:IPLAN15038 Vosika-Tigard15038Subdivision Narrative.doc - 5- Last printed August 19,2002 9:21 AM MHY N1 Nr Y1H:�( FKI IM: I11:5N.ih1.i'0.Nti 1-1H191 ;Y11 N1 MAY-CI-IOU 38:29AN �tOM-COGPASS :t1GINEERIVG 60:G539095 T-610 P 001/C01 F-2T6 / WASHINGTON COUNTY LAND (ISE AND TRANSPORTATION SURVEYOR'S OFFICE �U DXVI Q QN PLAT WILWE i ATCr I request that the Washington County Surveyor's Office reserve the following subdivision names PROPOSED NAM! OF SURDIVISION: MAP AND TAX LOT NUMBER: 200 Mi() 25-IW- EDT) CITY JURISDICTION (Which City?) OR COUNTY JURISDICTION: ✓ Ti.(5P. LD I _ SURVEYOR'S NAME: l�Mpp65 Nb1NFze1��(� OWNER'S NAME: V CAS\K14 I understand that if the name is not used within five years, ft will be automatically canceled. Name of person reserving name: Address: .4/475`• L.egLf 4+.4v.t bZ. Telephone number: - X53 .rf 09 5 Fax number: 5:,-S--6.=73-,+.)9 5 Signature: L ,t��/O �.. Data: - I -D"2 tie tom+- --4A— J - / _o Name approved Washington County Surveyor's Office 155 North First Avenue, Suite 350.15 Hillsboro, OR 97123 Fax: (803)848- 2909 'S14 APP..r),sur moo ATADIRIwetir,Art\.57 m14..ur.D9cn9IGIDI`1 .----- *AO _,---•-•"•."......... ,,,,--•*r.7......... '• ) �" -166• ______---- - 1__- 11 t _- I _-iL 4500 LOT 1 I I I i i r 1 , � - ! I I TI 4600 LOT2 I 1 1 r N \ I -- -- r A [I 11 I I TLOT3� I 4L►� a21' 'l I PL/lN -- f r— i ` , SCALE: 1' = 50' I I I I z TI4a00 2 III 1 W ( M LBT4 I I J J 10,639 S.F. I I 10.612 SF. _ 1 01 490a II LOT 5 I r l I 1,2.1' I -- Kr ;-- , 8 ---�_ _ 1 ERROLUIVR ____I I _ _ 1 1 r--_ 1IIII _ " - _- I I I I TL 5000 S I1 l I ti 4 Lois --- 1 I I I I I 6J61 S.F. II , 7,1as.F. I I I L_-J i I , L--J 1 7,r 1 72.,' I iL 5100 I LOT 7 I --- 0.. I/ r---� I I— V ----1' I / 5 I - / I 6 I I ' ,., / mu. J ... 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BE 1n ,r ovamoa4 z2 10'.••••.4'e .MU I N 1=loco;I Ik 1 ' ?, 1 1 le ~— TL 5000 �t >e LOT6 I r® 111. 23 I 6,654 4, -- --�� It41v23 I J 1 V• Z`/ 1 I i 7Z1:, TL StOO _._ J LOT 7 . I , 7 -i F `-2 ? -- T I ,' 72IDOt 1D -'� I / '1016SA1 i J 6, 1 6 6,089 5 ��23g� i TL T8 j I n -_ 7,171 SF \y►A-` LOT 8 j 1 11.' d �— --. i - TL 1100 I , . . ..�� LOT 10 i LOT 5') TL 2800 ffft 1 LOT 11 3 ESISIlNG CONDI110NS/YREE PROTECTION SCALE: 1 = 50 2 3 CAPPOEN ESTATES s a/cyy a (SIo J uo , b� 7l7d 17/ - a„�J G7 CITY OF TIGARD PRE-APPLICATION CITY OF TIGARD,OREGON Community CONFERENCE NOTES ping A e tter Community (Pre-Application Meeting Notes are Valid for Six (6) Months) RESIDENTIAL MG CME /SP CoOp APPLICANT: C m x ss neerir\S AGENT: a,y,A, ple r r: Phone: (Sod -(093 Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: tV1 o SO tki,pd.QtYr TAX MAP(S)/LOT#(S): )S t O3 g D -G0a CO NECESSARY APPLICATIONS: CPO PROPOSAL DESCRIPTION: Qr(,v,r,c,.,n� � �p��e�G�P -We P'<� ;i In C VInosE fir,( SC.6)1Q yrce_l into (FD) COMPREHENSIVE PLAN ` MAP DESIGNATION: R y.S LnL, ZONING MAP DESIGNATION: P. y •S CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: C E u-7R11 L ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. 5 t 0 ] MINIMUM LOT SIZE:1r5O6 sq. ft. Average Min. lot width: S0 ft. Max. building height: -SO ft. Setbacks: Front -AO ft. Side s ft. Rear f n ft. Corner I,; ft. from street. MAXIMUM SITE COVERAGE: -- % Minimum landscaped or natural vegetation area: -- %. NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE APPROPRIATE CIT FACILITATOR, AND THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S) of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submitting your application or the application will not be accepted. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 10 Residential Applicabo&Planning Division Section ARRATIYE (Refer to Code Chapter 18.390) The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. ( '`MPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ACCESS [Refer to Chapters 18.705 and 18.765) Minimum number of accesses: 1 Minimum access width: a0 . Maximum access width: Minimum pavement width: In'1 . 1 1 WALKWA QUIREMENTS [Refer to Code Chapter 18.705) Within all ACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dw ing SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMO PEN SPACE AND RECREATION FACILITIES. RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.715)-SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: All sensitive lands areas including: 1 .c‘.?, X ti315(D0 = �D� 21910't0.% SF • Land within the 100-year floodplain; his+i,cJ hco;t - i, sOo • Slopes exceeding 25%; Roe os — a0% `r Drainageways; and 6)1 �5� ftN _ ri • Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public right-of-way dedication: -a\11 x --rn 01 Q ;> Single-family allocate 20% of gross acres for public facilities; or c oo - - Multi-family allocate 15% of gross acres for public facilities; or �` ' If available, the actual public facility square footage can be used for deduction. 1,:pi I EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: I EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8,712 sq.ft. (20%)for public right-of-way 6,534 so. ft. (15%)for public right-of-way NET: 34,848 square feet NET: 37,026 square feet 3,050 (minimum lot area) ± 3,050 (minimum lot area) = 11.4 Units Per Acre = 12.1 Units Per Acre *The Development Code requires that the net site area exist for the need whole dwelling unit NO ROUNDING UP IS PERMITTED. *Minimum Project Density is 80%of the maximum allowed density.TO DETERMINE THIS STANDARD,MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.1. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 10 Residential ApplicabonJPlanning Divisan Section (_J SPECIAL SETBACKS [Refer to Code Section 18.730) ➢ STREETS: '1 ' r, 30 feet from the centerline of a)001 ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. ➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable zoning district for the primary structures'setback requirements] FLAG LOT BUILDING HEIGHT PROVISIONS ( er to Code Chapter 18.1301 MAXIMUM HEIGHT OF 11/2 STO S or 25 feet, whichever is less in most zones; 21/2 stories, or 35 feet in R-7, R-12, R-25 or R-4 zones provided that the standards of Section 18.730.010.0.2 are satisfied. BUFFERING AND SCREENING [Refer to Code Chapter 18.1451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often \ advisable even if not required by the Code. The required buffer areas may only be occupied by pc.0,. e vegetation, fences, utilities, and walkways. Additional information on required buffer area materials 'Y'. 4>°\ and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: -- feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: LANDSCAPING [Refer to Code Chapters 18.145,18.165 and 18.7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. n RECYCLING (Refer to Code Chapter 18.1551 Applicant should CONTACT FRANCHISE AULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating trash/recycling enclosure within a clear vision area such as at the intersection of two (2) drivewa within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenn Hing is the contact person and can be reached at (503) 625-6177. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 10 Residential Applicabon/Planning Division Section R PARKING [Refer to Code Chapters 18.765&18.705] ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. Single-family Requires: One (1) ff-street parking space per dwelling unit; and One (1) space per unit less than 500 square feet. ;> Multiple-family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. > Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. I I BICYCLE RACKS [Refer to Code Section 18.7 BICYCLE RACKS are require FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle rac shall be located in areas protected from automobile traffic and in convenient locations. (SENSITIVE LANDS [Refer to Code Chapter 18.175] The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. I STEEP SLOPES [Refer to Code Section 18.T/5.080.C) When STEEP SLOPES exist, prior to iss nce of a final order, a geotechnical report must be submitted which addresses the approval andards of the Tigard Community Development Code Section 18.775.080.C. The report shall e based upon field exploration and investigation and shall include specific recommendations for hieving the requirements of Section 18.775.080.C. IvI"CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R&0 96-44/USA Regulations-Chapter 3] LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: CITY OF TIGARD Pre-Application Conference Notes Page 4 of 10 Residential ApplicabaUPlanning Division Section TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWA DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION & ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA 4 CORRIDOR PER SIDE5 • Streams with intermittent flow draining: <25% 10 to <50 acres 15 feet >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and ponds • Streams with intermittent flow draining: >25% 1 10 to <50 acres 30 feet >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' 4Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the USA Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWA Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. SIGNS [Refer to Code Chapter 18.7801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. RI' TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Section 18.790.030.0 A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 10 Residenbal Application/Planning Division Section THE TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; • Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. LITIGATION (Refer to Code Section 18.790.060.11 REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: • The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. [CLEAR VISION AREA (Refer to Code Chapter 18.795) The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 10 Residential Applicabon/Flanning Division Secton ❑ WATER RESOURCES OVERLAY DISTRICT (Refer to Code Section 18.797.0301 The WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between devel..ment and conservation of significant wetlands, streams and riparian corridors identified in he City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable eco omic use of property while establishing clear and objective standards to: protect significant etlands and streams; limit development in designated riparian corridors; maintain and enhan•- water quality; maximize flood storage capacity; preserve native plant cover; minimize streamba' erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: The WR OVERLAY DISTRICT ALSO MEETS THE REQU 'EMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provi 'ins of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "sig ficant" wetlands and riparian corridors be mapped and protected. The Tualatin River, which is :Iso a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Major Streams: Streams which are mapped as "FISH-BEARING .TREAMS" by the Oregon Department of Forestry and have an average annual flow less than 1001 cubic feet per second (cfs). • Major streams in Tigard include FA,4 NO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY C' EKS) AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARI G STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short butaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASURED Hs''IZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-B' KS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The riparian set.:ck is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). ➢ The standard TU' •TIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with • is chapter. ➢ The MAJOR S 'REAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chap -r. ➢ ISOLATED ETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. ❑ RIPARIAN SETBACK REDUCTIONS (Refer to Code Section 18.797.100 The DIRECTOR MAY APPROVE A SITE-SPECIFIC R. aUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY A' MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise prohibit:. by this chapter, provided that equal or better protection for identified major stream resources i ensured through streambank restoration and/or enhancement of riparian vegetation in preserved ..rtions of the riparian setback area. Eli•ibilit for Riparian Setback in Disturbed Areas. TO BE ELIGIBLE FOR A RIPARIAN SETB' K REDUCTION, the applicant must demonstrate that the riparian corridor was substantially di rbed at the time this regulation was adopted. This determination must be based on the .'egetation Study required by Section 18.797.100 that demonstrates all of the following: ➢ Native plant species currently 'aver less than 80% of the on-site riparian corridor area; ➢ The tree canopy currently -avers less than 50% of the on-site riparian corridor and healthy trees have not been remov-d from the on-site riparian setback area for the last five years; CITY OF TIGARD Pre-Application Conference Notes Page 7 of 10 Residential ApplicaboVPlanning Division Section That vegetation was not removed contrary to e provisions of Section 18.797.100 regulating removal of native plant species; That there will be no infringement into th 00-year floodplain; and The average slope of the riparian are 's not greater than 20%. 1/FUTURE STREET PLAN AND EI[TENSION OF STREETS (Refer to Code Section 18.810.0301) A FUTURE STREET PLAN shall: Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. VADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/z TIMES THE.AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. ALLOCKS [Refer to Code Section 18.810.0901 The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design / 18.765 (Ott-street Parking/Loading Standards) Requirements) 18.340(Director's Interpretation) 18.630(Washington Square Regional 18.775(Sensitive Lands Review) Center) 18.350(Planned Development) / 18.705(Access/Egress/Circulation) 18.780(signs) 18.360(Site Development Review) 18.710(Accessory Residential Units) 18.785(Temporary Use Permits) 18.370(Variances/Adjustments) l/ 18.715(Density Computations) _sL 18.790(Tree Removal) 18.380(Zoning Map/Text Amendments) 18.720(Design Compatibility Standards) V 18.795(Visual Clearance Areas) 18.385(Miscellaneous Permits) 18.725(Environmental Performance 18.797 (water Resources (WR) Overlay Standards) District) 18.390(Decision Making 18.730(Exceptions To Development 18.798(Wieless Communication Facilities) Procedures/Impact Study) Standards) 18.410(Lot Line Adjustments) 18.740(Historic Overlay) t/ 18.810 (Street & Utility Improvement Standards) �. 18.420(Land Partitions) 18.742(Home Occupation Permits) ✓ 18.430(Subdivisions) 18.745(Landscaping&Screening Standards) 18.510(Residential zoning Districts) 18.750 (Manufactured/Mobil Home Regulations) 18.520(Commercial Zoning Districts) 18.755 (Mixed Sold Waste/Recyding Storage) 18.530(Industrial Zoning Districts) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 10 Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMEN1S: �k ts7 AuFYiv,:iAA ueCrr, F.Qc. Nf.f.n C-CS SEk4.cc_ _p()‘1_,1\ec- Le*tec �...,>r M _ p a c S J'•'J E Ls `r G f �4 _110. 0_Q E (Cann- )-)E, El2 Go r:d ror V er z icosls, f1. c)k E �Of f`au M LP S-q EF S , SUVPC s CO es, ripriir��ic3N1 is deemed comrlp-l-e G c)ei CO 510 C ) e_ ec.Ae a wr4k 5J iire AboNle Nt= �� ,�ochG MCE:TI 5SC REc6ui+CQ -�4 1\\aT i�ti Gig SE.Nu C; C ri cc 4—etas 1.1CT■CE 1 CCT 1_)S+ k 3;41, f e_c s_Cf, 3rO �1 t RR t'n 9oe. +6 B■ MtnCn ��irerntssjc sogirnLQ - rQ'J PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. V Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 81/2 x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 9 of 10 Residential Application/Planning Division Section The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard C,T iiu>'Gi . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. .SUBDIVISION PLAT NAME RESERVATION [County Surveyor's Office: 503-648-8884] PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related, to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended thai a pros ective applicant either obtain and read the Community Development Code or ask any questions of City staffprelative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). PREPARED BY: BR AO i�L-8 Y CITY OF TIGARD PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (503) 639-4171 FAX: (503) 684-7297 E-MAIL:(staffs first name)@Ci.tigard.or.Us vRAQLE1� TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: ciiigard.or.us CITY OF TIGARD Pre-Application Conference Notes Page 10 of 10 Res■enbA Application/Planning Division Secbon ADLIT1ONAL CONCERNS OR COMMENTS: -•�'�` ,r — (nopoha-Q ctrYels cLoci" and rttolntity t tot E 7 . Pr,uc�.4e. Skeet clPtA ue VWt} mix duie-( unr s w l 1). .,1- ,ptci.v4 vkt e '-e t o p �— L ckccvi Lk..)t1k i ,81D, 0-30, s . Q1D\ L l ,r U L.c9._ filoo c u t 1 2 t k e cy p 1'cc,A- +-1-a-t3 ce-ce Pco p\o-,ti. (eci-2h(b(, rn� u-ti. u t s t‘-v` ,kt2ALd ~rb t ccx,nf he, )-ems &IA rtb . PROCEDURE ).(-- Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Communi Development Department at Tigard City Hall offices. PLEASE NOTE: Applications 1'9 - • • it ti • •r• •.e• off . - • n er •u - a i • •ivi ion .c - • a returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days• _ • „'t • . • i . . • • -..: '• .1 . - •Id- • ► SD c • ; • Ich• • - '12 . - • .! _•I- .l• Of h- •r• .• • • • •'- .: • I. besubmi ed for • each i • i • I - al - . • •r •d in' is: 'V• • z ' ien • . •li • i•n i nf•l•-d ma. -II is • - accepted, The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. (HI OF TIGARD Pre-Appl.ation Conference Notes. P2ge IC of I I AFOCOMMINS/OC a.:i.sear PRE-APPLICATION CONFERENCE NOTES la* ➢ ENGINEERING SECTION < CltyCoommuraOregon Development Shaping A Better Community PUBLIC FACILITIES TaxMapts): 2S103BD Tax Latish 200 Use Type: Subdivision The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: Fl SW Walnut Street to 33 feet from centerline. DO. ® SW Errol Street to 44 to 50 feet total (depends upon ADT). SW to feet fl] SW to feet Street improvements: Partial street improvements will be necessary along SW Walnut Street, to include: ❑ 22 feet of pavement from centerline to curb. Os n concrete curb ❑ storm sewers and other underground utilities ._ ® 6-foot concrete sidewalk 0 a� F. street trees spaced per TDC standards. - 1C)z 7 street signs, traffic control devices. streetlights and a two-year streetlight fee. CITY Or TIGARO Pre-Auplicatlan Conference Motes Page 1 of 6 EaolneerIng Department Section Other: X Full street improvements will be necessary along SW Errol Street, to include: 28 feet of pavement curb to curb X concrete curb X storm sewers and other underground utilities 5-foot concrete sidewalk both sides. C SJ0 X street trees spaced behind sidewalk per TDC standards street signs, traffic control devices, streetlights and a two-year streetlight fee. I Other: street improvements will be necessary along SW , to include: feet of pavement I concrete curb storm sewers and other underground utilities 7 -foot concrete sidewalk street trees n street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improveme;its may be eligible for such an agreement: (1 .) (2.) Overhead Utility Lines: X Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to S 27.50 per lineal foot of street frontage that contains the overhead lines. CITY OFTIGARD Pre-Anolica lon Conference Motes Page 2 of& Erglsesrlog Deaertmael Section There are existir, overhead utility lines which run adjacent to this site along SW Walnut Street. Prior to recording of the final plat, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in SW Errol Street. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to extend the public sewer into the development to serve the proposed lots. The applicant must also extend public sewer to the boundaries of the property to enable service to adjacent unsewered parcels. Water Supply: The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Onsite detention is required. Submit preliminary sizing calculations for the proposed system as a part of the land use application. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. CITY OF T16ARD Pre-Itonllcatlon Conference Notes Page 3 of 6 Eaglnssring Department Sutlsn Preliminary sizing calcL ions for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: (XI Construction of an on-site water quality facility. ❑ Payment of the fee in-lieu. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. 1) Need to show how Parcel 1 (adjacent to Walnut) can be provided alternate access. We discussed either providing a driveway for that parcel down to Errol Street, or perhaps combining driveways with the parcel to the west. If the applicant can create a joint driveway onto Walnut Street with the parcel to the west, and eliminate the two driveway aprons on this site, then that will satisfy Staffs concern.. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. Pay TIF. The improvements in SW Walnut Street are eligible for TIF credits.. PERMITS Engineering Department Permits: Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. This type of permit requires a non-refundable $150.00 fee. In certain cases, where City costs may exceed the $150.00 fee, CITY OF TIGltlin Pre-A ipllcatlon Conference Notes Page 4 0l 6 tagloosAoo OaaartmuatSocnoo an administrati eposit will be required. In addition, permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. This type of permit requires a deposit to be submitted with the construction plans. The amount of the deposit depends upon the overall value.of the public improvements. The City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the permittee in cases where City costs exceeds the deposit amount. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. NOTE: If an Engineering Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. CITY OF TIGARD Pre-Appllcatfon Conference Notes Page 5 of 6 [pleat n,0spartmnt Sictun GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: - • � 1 �62,10 Z WRUNG DLPARTMENT STAFF Phone: [5031 639-4171 Fax 15031 684-7297 ■teng■bnanAtempfates Vreao notes-eng.dot Revised: April 21,2000 CITY OF 116AED Pre-Anpllcatlon Conference Notes Page 6 of 6 women,Dsuartmeet Saetle l PF CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES Au. 111 CITY or TITIAD.°ANON Community'Development (Pre-Application Meeting Notes are Valid for Six (6) Months) Shaping y(Better Community RESIDENTIAL PRE-APP.MTG DATE 11/I L )L'I r STAFF AT PRE-APP. . CJ APPLICANT: ICC.1 1 6 e p po e.v‘. AGENT: Jerry �losik& Phone: (;03) 561 U— 114 a Phone: 003 (Pia—3trcS P.o. i3ox 6446 PROPERTY LOCATION: Seat creek OR 'loo(-1 ADDRESS/GEN. LOCATION: £ G06- t�c TAX RAP(S)/LOT #(S): '),7') 1 O 3 b-E9 • NECESSARY APPLICATIONS: _3ubdl v r)1..1 - 1u Iico C e-Y` . PROPOSAL DESCRIPTION: g �c, �,UhC�111i'�iv✓L, COMPREHENSIVE PLAN MAP DESIGNATION: t — '�� w aPivtar� I� t�� l l ll+ C-1 �— ZONING MAP DESIGNATION: C.I.T. AREA: Co/∎—+('G. ) FACILITATOR II' 11 I" t PHONE: (503) Pil C Q ZONING DISTRICT DIMENSIONAL REQUIREMENTS (QO ! 0n�Ci MINIMUM LOT SIZE:1tSLY)sq. ft. Average lot width: 5-O ft. Maximum building height: ' ft. Setbacks: Front :2),0 ft. Side `-� ft. Rear ' ft. Corner if) ft.from street. MAXIMUM SITE COVERAGE:1L32,_% Minimum landscaped or natural vegetation area:001 %. [Refer to Code Section 18. 5 ] 1)(1,190-)04 l et.- c 4 Gut GIL 12-7 dt . ADDITIONAL LOT DIMENSIONAL REQUIREMENTS OC �t��� CIP 0111.3 VOA.- meet m l n t rYuW- & l oi S+LQ.r MINIMUM LOT FRONTAGE: 25 feet, unless lot is created through the Land Partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 times the average width, unless the parcel is less than 1'/z times the minimum lot size of the applicable zoning district. __...,uubuuu io.oW.UDUI CITY Of TIGARD Pre-Application Conference Notes Page I of I I Residential Application/Planning orris o Section SPECIAL SETBACKS • Streets: feet from the centerline of ■• Flag lot: A ten (10)-foot side yard setback applies to all primary structures. • Zero lot line lots: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. Multi-family residential building separation standards apply within multiple-family residential developments. [Refer to Code Section 18.7301 ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable zoning district for the primary structures'setback requirements.' SUBDIVISION PLAT NAME RESERVATION PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are REQUIRED to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. (County Surveyor's Office: 503-648-88841 FLAG LOT BUILDING HEIGHT PROVISIONS MAXIMUM HEIGHT OF 11/2 STORIES or 25 feet, whichever is less in most zones; 21/2 stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Code Section 18.130.O10.C.2. are satisfied. RESIDENTIAL DENSITY CALCULATION, [See example below) The NET RESIDENTIACUNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: Goi•tte t • All sensitive lands areas including: . LA ACfes = $S,317 (.O • Land within the 100 year floodplain; moo aUyD = (i ,b-i s . S2 • Slopes exceeding 25%; fo , 3�Z•Og L�1 • Drainageways; and • Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. = "o Public right-of-way dedication: 9.1 ➢ Single-family allocate 20% of gross acres for public facilities; or ➢ Multi-family allocate 15% of gross acres for public facilities; or r&abc • ➢ If available, the actual public facility square footage can be used for deduction. [Refer to Code Chapter 18.7151 —► �.‘> k S WI , ••■ cg LiD-1e av proporpecl wA one. CIO 14^61 5+v1L pAc ,(y reh■civl -c— (ots , I EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8.712 sq. ft. (20%)for public right-of-way 6.534 sq. ft. (15%)for public right-of-way NET: 34,848 square feet NET: 37,026 square feet 3.050 (minimum lot area) - 3.050(minimum lot area) = 11.4 Units Per Acre = 12.1 Units Per Acre *The Development Cop ..1 unit NO ROUNDING UP IS PERMITTED. ;,,.r-rugect uensity Is 80%of the maximum allowed density.TO DETERMINE THIS STANDARD, MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TIGARD Pre-Application Conference Notes Page 2 of H Residential Applicition/Planning Dirvuion Section BLOCKS The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. [Refer to Code Seetion18.810.0901 FUTURE STREET PLAN AND EXTENSION OF STREETS -A FUTURE STREET PLAWshall: D Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. D Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. (Refer to Code Section 18.810.030.FJ PARKING AND ACCESS AL. KING AREAS AND DRIVEWAYS MUST BE PAVED. D Single-family Requires: One (1) off-street parking space per dwelling unit; and One (1) space per unit less than 500 square feet. D Multiple-family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: D Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. D Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. [Refer to Code Section 18.705 s 18.7651 BICYCLE RACKS BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. [Refer to Code Section 18.1651 CITY OF TIGARD Pre-Application Conference Notes Page 3 of I I Residentul Application/Planing NSW t,MN ACCESS WAYS Minimum number of accesses: Minimum access width: e)-e' Maximum access width: Minimum pavement width: t 2 l )r� Prtva�e ' k-cc 't, �'M - .030,S : PSt�cLtC <,/tiee-vi '�E(✓ ,iL VAlr/IE Il{t -µ. Lo dwel(Lw3 REQUIRED WALKWAY LOCATION t ks o -.e pc,,l►nnl11-'4 vv■t..1 w lc, A.ecA ueiae,.-••-e s Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. (Refer to Code Section 18.1051 CLEAR AREA requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT AT ROAD/DRIVEWAY, ROAD/RAILROAD, AND ROAD/ROAD INTERSECTIONS. The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. [Refer to Code Chapter18.795) (Altn,u-fi `c*r(e'- 15 (; Melyn (01 l.ec+u1. fFERING AND SCREENING _In order__to_increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS ALONG CERTAIN SITE PERIMETERS. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Community Development Code. [Refer to Code Chapter 18.7451 The REQUIRED BUFFER AND SCREENING STANDARDS that are applicable to your proposal area are as follows: aw44,ul �� 5�r 1e- tw.vA,i.-1 L) . 10 ,0.6.4A-, -- along the north boundary. -b` along the east boundary. along the south boundary. -' along the west boundary. STREET TREES STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two(2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. ;defer to Code Chapters 18.705,18.745&18.7651 CITY OF TIGARD Pre-Application Conference Notes Page 4 of I I Residential Apphation/Planing Dn¢ion Section -"TREE EMOVAL PLAN REQUIREME � A TREE PLAN-FOR-THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. The TREE PLAN SHALL INCLUDE the following: • Identification of the location, size and species of all existing trees including trees designated as significant by the city; • Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D. according to the following standards: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.790.060.D. of no net loss of trees; • Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; • Identification of all trees which are proposed to be removed; and A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. [Refer to Code Section 18.790.030.C.] MITIGATION REPLACEMENT OF A TREE shall take place according to the following guidelines: A replacement tree shall be a substantially similar species considering site characteristics. If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. • If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: • The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property; and The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. IN-LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. (Refer u*.rou.ubu.E1 CITY Of TIGARD Pre-Application Conference Notes Page 5 of I I ResidentialAppliation/Planning Division Section SIGNS SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Adjustment application may be filed for Director's review. [Refer to Code Chapter 18.780) SENSITIVE LANDS The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25%, OR ON UNSTABLE GROUND. Staff will attempt to preliminarily identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. [Refer to Code Chapter 18.7751 STEEP SLOPES When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Sections 18.775.080.C.2. and 18175.080.C.3. po,victt- 034 UNIFIED SEWERAGE AGENCY[USA}BUFFER-STANDARDS,RESOLUTION AND ORDINANCE(R&O)96.44 : im v.9 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or cr�a � `� vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: THE VEGETATED CORRIDOR SHALL BE A MINIMUM OF 25 FEET WIDE, measured horizontally, from the defined boundaries of the sensitive area, except where approval has been granted by the Agency or City to reduce the width of a portion of the corridor. If approval is granted by the Agency or City to reduce the width of a portion of the vegetated corridor, then the surface water in this area shall be directed to an area of the vegetated corridor that is a minimum of 25 feet wide. The maximum allowable encroachment shall be 15 feet, except as allowed in Section 3.11.4. No more than 25% of the length of the vegetated corridor within the development or project site can be less than 25 feet in width. In any case, the average width of the vegetated corridor shall be a minimum of 25 feet. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, EXCEPT AS ALLOWED AS FOLLOWS: CITY OF TIGARD Pre-Application Conference Notes Page 6 of I I Residential Appliation/Planning finnan Section A GRAVEL WALKWAY OR BIKE PATH, NOT EXCEEDING EIGHT (8) FEET IN WIDTH. If the walkway or bike path is paved, then the vegetated corridor must be widened by the width to the path. A paved or gravel walkway or bike path may not be constructed closer than ten (10) feet from the boundary of the sensitive area, unless approved by the Agency or City. Walkways and bike paths shall be constructed so as to minimize disturbance to existing vegetation; and Y WATER QUALITY FACILITIES may encroach into the vegetated corridor a maximum of ten (10) feet with the approval of the Agency or City. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS OR LOTS intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. [Refer to R&0 96-44/USA Regulations-Chapter 3,Design for SWMI WATER RESOURCES OVERLAY DISTRICT THE WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: THE WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1,000 cfs. Major Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less than 1,000 cubic feet per second (cfs). MAJOR STREAMS IN TIGARD INCLUDE FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY CREEKS) AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River. Riparian Setback Area: THIS AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). CITY OF TIGARD Pre-Application Conference Notes Page 7 of I I Anidmhil Application/Planing Dnuion kctioa • The standard Tualatin River riparian setback is 75 feet, unless modified in accordance with this chapter. • The major streams riparian setback is 50 feet, unless modified in accordance with this chapter. Isolated wetlands and minor streams (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. [Refer to Code Section 18.797.030] Riparian Setback Reductions The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. Eligibility for Riparian Setback in Disturbed Areas. To be ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.797.050.0 that demonstrates all of the following: Native plant species currently cover less than 80% of the on-site riparian corridor area; • The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparian setback area for the last five (5) years; • That vegetation was not removed contrary to the provisions of Section 18.797.050 regulating removal of native plant species; • That there will be no infringement into the 100-year floodplain; and • The average slope of the riparian area is not greater than 20%. [Refer to Code Section 18.197.100) NARRATIVE ; The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings for all applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. Applicant should review code for applicable criteria. CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) x 18.765(Off-Street Parking/Loading Requirements) 18.340(Directors Interpretation) 18.630(Washington Square Regional Center) 18.775(Sensitive Lands Review) 18.350(Planned Development) 18.705(Access/Egress/Circulation) 18.180(Signs) 18.360(Ste Development Review) 18.710(Accessory Residential Units) 18.785(Temporary Use Permits) 18.370(Variances/Adjustments) 18.715(Density Computations) 18.790(Tree Removal) 18.380(Zoning Map/Text Amendments) 1 8.720(Design Compatibility Standards) ? - 18.795(Visual Clearance Areas) 18.385(Miscellaneous Permits) -_ 18.725(Environmental Performance Standards) _ 18.797(Water Resources(WR)Overlay District) 18.390(Decision Making Procedures/Impact Study) 18.730(Elcceptions To Development Standards) 1 8.198(Winless Communication Facilities) 18.410(Lot tine Adjustments) 1 8.140(Historic Over]y) I1 c ?� 18.810(Street&Udliry Improvement Standards) . 18.420(Land Partitions) - - 18.742(Home Occupation Permits) 18.430(Subdivisions) '.- 18.145(Landscaping&Screening Standards) 18.510(Residential Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) - 18.520(commercial Zoning Districts) 18.755(Mined Solid Waste/Recycling Storage) I C2T1;'.'sc_'__ -r^'r +s) 18.760(Nonconforming Situations) CITY OF TIGARD Pre-Application Conference Notes Page 8 of I I Residential Application/Planning Division Section IMPACT STUDY As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to include impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. (Refer to Code Sections 18.390.040 and 18.390.050) NEIGHBORHOOD MEETING,/ T PPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET AND THE APPROPRIATE CIT FACILITATOR of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. (Refer to the Neighborhood Meeting Handout) BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). RECYCLING Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. (Refer to Code Chapter 18.755) CITY OF TIGARD Pre-Application Conference Notes Page 9 of I I Rnidental Appliotion/PI nninc Dmsion Section ADDITIONAL CONCERNS OR COMMENTS: rL (i10901 c deed u,o F M cel- ►M.to i nktif Pr,uc le„ 6Alec1- cin n ifkdk se r ue ofty e dug.(1 i',n1 u _ s wlkne1/44 00.hYllrJ rtP.e iop vtie t.A- CccV1 ckcA W 1,0 1 . l�.e3(V, C�'�D S Prove OSA u;c (nw■Gl.til 12-tker wt cypi cc A- ,�� -,ubrn► t-�� cep C P(-d 0,cLQ goi tla , I auk_ wv.&Lc, Pi's C,( —' 'V P - kr t To stcc� .P .Cec, cnoQOae( unit ., -47 vt.1k ttc4 att.e. 3 la bt A-LA„Le v In A.-C7 I t -5d Ce4 En■ k WCtl ik. d 3` . PROCEDURE >-- Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 8'/2” x 11" reduced scale site plan of the proposed project should be submitted for attachment to the staff report or Administrative Decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 1 0 of I I Aesidenuil Appluoon/Pl.nnint Dw ion Section The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A ten (10) business day, public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a ,prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS PRE-APPLICATION CONFERENCE, (unless deemed unnecessary by the Planning Division). PREPARED BY: Gi{,t-vt- Pit/ Vv k /Pk C TIGA RD PLANN I NG DIVISION ST AF F P E RSON HOLDING P RE-APP. MEETING PHO E: (503) 639-4111 FAX: (503) 684-7291 E-MAIL (staffs first name) @ ci.tigard.or.us TITLE 18[CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE]INTERNET ADDRESS: ci.tigard.or.us H:\patty\masters\Pre-App Notes Residential.doc (Engineering section:preapp.eng) Updated: 28-Feb-2000 CITY OF TIGARD Pre-Application Conference Notes Page I I of I I Ae,dental Application/Phoning Drvuion Section P1E4PPVCO NFEIIENCE N ENGINEERING sE. rION Cltyoofmlgard Orel Development Shaping A Bettor Community PUBLIC FACILITIES Tax Mapts]: 25103BD Tax Lottsl: 200 Use Type: 8-lot Subdivision The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ® SW Walnut Street to 33 feet from centerline. 7 SW Errol Street to 44 feet minimum. ® SW (other interior street(s) to 42 to 50 feet total. SW to feet Street improvements: ® 1/2 street improvements will be necessary along SW Walnut Street, to include: ® 22 feet of pavement from centerline to curb ® concrete curb ® storm sewers and other underground utilities ® 6-foot concrete sidewalk on south side. ® street trees placed per TDC standards. ® street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 Engineering Department Section Other: ® Full street improvements will be necessary along SW Errol Street, to include: X 28 feet of pavement curb to curb. ® concrete curb ® storm sewers and other underground utilities ® 5-foot concrete sidewalk both sides. ® street trees spaced per TDC standards. ® street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: feet of pavement concrete curb storm sewers and other underground utilities I I -foot concrete sidewalk I I street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: I I feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: feet of pavement I I concrete curb storm sewers and other underground utilities -foot concrete sidewalk CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. I I Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (1.) (2.) Overhead Utility Lines: ® Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Walnut Street. Prior to recording of the final plat, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in SW Errol Street. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to extend the public sewer into the development to serve the proposed lots. The applicant must also extend public sewer to the boundaries of the property to enable service to adjacent unsewered parcels. Water Supply: The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for CITY OF TIGARD Pre-Application Conference Notes Page 3 016 Engineering Department Section information regarding the a ,.racy of circulation systems, the ad for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Onsite detention is required. Submit preliminary sizing calculations for the proposed system as a part of the land use application. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: ® Construction of an on-site water quality facility. Payment of the fee in-lieu. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. The proposed north/south street location must be changed. The proposed location would create double-frontage lots, which are not allowed in this circumstance. The applicant will need to have their engineer prepare a future street plan to show how a local street network could serve their site and the other adjacent parcels in the area. TRAFFIC IMPACT FEES CITY OF TIGARO Pre-Application Conference Notes Page 4 of 6 Engineering Department Section In 1990, Washington County )pted a county-wide Traffic Impac' e (TIF) ordinance. The Traffic Impact Fee program collects lees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. Pay TIF. The improvements in SW Walnut Street are eligible for TIF credits. PERMITS Engineering Department Permits: Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. This type of permit requires a non-refundable $150.00 fee. In certain cases, where City costs may exceed the $150.00 fee, an administrative deposit will be required. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. This type of permit requires a deposit to be submitted with the construction plans. The amount of the deposit depends upon the overall value of the public improvements. The City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the permittee in cases where City costs exceeds the deposit amount. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. NOTE: If an Engineering Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: 14 a ENGINEERING PARTMENT STIFF Phone: [503)639-4171 Fax: 1503)684-7297 i\eng\brianr\templates\preap notes-eng dot CITY OFTIGARD Pre-Application Conference Notes Page 6 of 6 Engineering Depanmeni Section ::. • •1�:•:.1: • ^6 Q} t" f.Y t } A • f v r Y {�+' � .1040- � 4 f " A' t —, ." ft ,k +te a' � � t 'g(ki&- . ' .r. lit— ',./..- �. 4 :y 4 �' b '1` M d' a '� , H Il• *! t rfi t ^� rig$ Y ;� 43 44 ■ A r..� fia . lj• , j• �t " 'A iT.is I 'J:. r ,x _ „ . Yt �x x c f r *t i. ' k. ''- ''. . '''' . .• ' ':' . .'''','.':, ''... . : , 4.taf';' t v,,SIP"IF 4 ..,. it—r 4� Ep .:Iv t i .� �� • may. '' y _ ; + i "l � 3 YS yA A��f �i ..i... tiot _ *M4-1 lower 1 '^.# ' rj(Ct', ' 'rte. it > ►yy�y yy ,,M �r. '^f ,4 i ..sl A ; $ S"9 T4p, _ }i s. '"" "`' ■ velopment P ,1 7 "\+� CITY OF TIGARD LAND USE APPLICATION CHECKLIST Please read this form carefully in conjunction with the notes provided to you at the pre- application conference. This checklist identifies what is required for submittal of a complete land use application. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171. Staff: LtI414 Date: i 4 b+ 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: Completed Application Form with property owner's signature or name of agent and letter of authorization Title transfer instrument or grant deed Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). Documentary evidence of neighborhood meeting (if required) Impact Study per Section 18.390.040.B.2.(e) • Copy of the Pre-Application Conference notes • Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): ❑ Vicinity Map ❑ Preliminary Grading/Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings ❑ Landscape Plan ❑ Sign Drawings ❑ Public Improvements/Streets Plan 3. NUMBER OF COPIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES aU COPIES OF ALL APPLICATION MATERIA' S. City of Tigard Land Use Application Checklist Page 1 of 5 4. SPECIAL STUDIES AND REPORTS Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ Traffic Study ❑ Local Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Storm Drainage System Downstream Analysis • Preliminary Sizing Calculations for Proposed Water Quality and/or Detention Facility ❑ Geotechnical Report ❑ Other 5. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 81/2 x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity Map • Showing the location of the site in relation to: • • Adjacent properties ❑ • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops ❑ • Utility access ❑ Existing Conditions Map • Parcel boundaries, dimensions and gross area ❑ Contour lines (2' intervals for 0-10% slopes or 5'for slopes >10%) ❑ Drainage patterns and courses on the site and on adjacent lands ❑ • Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24" of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ • Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ Other site features: • Rock outcroppings ❑ • Trees with ?6"caliper measured 4'from ground level ❑ Location and type of noise sources ❑ Locations of existing structures and their uses _❑ .,.;iii,iy uii;; ;..s and easements City of Tigard Land Use Application Checklist Page 2 of 5 Locations of existing dedicated right-of-ways ❑ Subdivision Preliminary Plat Map The proposed name of the subdivision n Vicinity map showing property's relationship to arterial and collector streets Names, addresses and telephone numbers of the owner, developer, engineer surveyor and designer(as applicable) ❑ Scale, north arrow and date ❑ Boundary lines of tract to be subdivided Names of adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land U Contour lines related to a City-established benchmark at 2' intervals for 0-10% grades and 5' intervals for grades greater than 10% ❑ The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): • Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ • Major power telephone transmission lines (50,000 volts or greater) ❑ • Watercourses U • Deed reservations for parks, open spaces, pathways and other land encumbrances • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑ • The location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting ❑ Supplemental information including: • Proposed deed restrictions (if any) ❑ • A proposed plan for provision of subdivision improvements ❑ Existing natural features including rock outcroppings, wetlands and marsh areas The proposed lot configurations, lot sizes and dimensions, and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots ❑ If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application materials ❑ Preliminary Partition/Lot Line Adjustment Plan The owner of the subject parcel ❑ The owner's authorized agent ❑ The map scale, north arrow and date ❑ Proposed property lines ❑ Description of parcel location and boundaries ❑ Contour lines (2' intervals for slopes 0-10% or 5'for slopes >10%) ❑ Location, width and names of streets, easements and other public ways within and adjacent to the parcel ❑ Location of all permanent buildings on and within 25'of all property lines ❑ Location and width of all water courses ❑ Location of any trees with 6"or greater caliper at 4' above ground level ❑ All slopes greater than 25% ❑ Location of existing and proposed utilities and utility easements ❑ Any applicable deed restrictions ❑ Evidence that land partition will not preclude efficient future land division where applicable ❑ Future street extension plan showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 Site Development Plan The proposed site and surrounding properties ❑ Contour line intervals ❑ The locations, dimensions and proposed names of the following: • Existing and platted streets and other public ways ❑ • Easements on the site and on adjoining properties ❑ • Proposed streets or other public ways and easements on the site ❑ • Alternative routes of dead-end or proposed streets that require future extensions ❑ The locations and dimensions of the following: • Entrances and exits on the site ❑ • Parking and circulation areas ❑ • Loading and service areas ❑ • Pedestrian and bicycle circulation ❑ • Outdoor common areas ❑ • Above ground utilities ❑ • Trash and recyclable material areas ❑ The locations, dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on'adjacent property within 25'of the site ❑ • Proposed structures, improvements, utilities and easements on the site ❑ • Sanitary sewer facilities ❑ • Existing or proposed sewer reimbursement agreements ❑ • Storm drainage facilities and analysis of downstream conditions ❑ Locations and type(s)of outdoor lighting considering crime prevention techniques ❑ The locations of the following: • All areas to be landscaped ❑ • Mailboxes ❑ • Structures and their orientation ❑ Landscape Plan Location of trees to be removed ❑ Location, size and species of existing plant materials ❑ General location, size and species of proposed plan materials ❑ Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ • Plans for soil treatment such as stockpiling the top soil ❑ • Erosion control measures that will be used ❑ Location and description of the irrigation system where applicable ❑ Location and size of fences, buffer areas and screening ❑ Location of terraces, decks, shelters, play areas, and common open spaces ❑ Public Improvements/Streets Plan Proposed right-of-way locations and widths ❑ A scaled cross-section of all proposed streets plus any reserve strips ❑ Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 Grading/Erosion Control Plan The locations and extent to which grading will take place ❑ Existing and proposed contour lines ❑ Slope ratios I I Utilities Plan Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and fire hydrants LJ Preliminary Storm Drainage Plan The location of all areas subject to inundation or storm water overflow ❑ Location, width and direction of flow of all water courses and drainageways ❑ Location and estimated size of proposed storm drainage lines ❑ Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation/Mitigation Plan Identification of the location, size and species of all existing trees ❑ Program to save existing trees or mitigate tree removal (Section 18.790.030) ❑ A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings Floor plans indicating the square footage of all structures and their proposed use ❑ Elevation drawings for each elevation of the structure ❑ Sign Drawings Specify proposed location, size and height ❑ is\;curpin\masters\revised\checklist.doc 5-Jun-00 City of Tigard Land Use Application Checklist Page 5 of 5 Pre-Apps (CD Meetings) __ January2001 S M T W I F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Thursday, January 04, 2001 8:00 8:30 9:00 Pre-app 9:30 10:00 Pre-App Jerry Vosika 503-632-3855 11710 SE Walnut(81ot subdivision). 10:30 11:00 Pre-app 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 10:27AM Friday, December 22,2000 r.. PRE-APPLICATION „hi CONFERENCE REQUEST CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Applicant: FOR STAFF USE ONLY 110,- .1 t U�.ei ��� Address: I ( (a 5W, • i,( Phone:563- 0-1a(-1� Case No.: City: ' •4' (O1 �� Zip: G na Receipt No.: 1 f 503 Application Accepted By: Contact PersorrJp,rni V bst Phone: (o 3a"38� Date: Property Owner/Deed Holder(s): DATE OF PRE-APP.: t.- �� me ctS Q-b vej TIME OF PRE-APP.: Address: Phone: PRE-APP. HELD WITH: City: Zip: Rev.12/6/2000 i:\curpinlmasters\revised\Pre-App Request.doc Property� Address/Location(s): 1 t! JO 5-E Li 6o, Y1( REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted �( ga without the required submittal elements) Map Tax Ma & Tax Lot#(s): (96 103 15!J - do a o o n 111 Pre-Application Conf. Request Form C�' Site Size: • 0 2 COPIES EACH OF THE FOLLOWING: U Brief Description of the Proposal and PRE-APPLICATION any site-specific questions/issues that RE-APPLICATION CONFERENCE INFORMATION you would like to have staff research prior to the meeting. All of the information identified on this form are required to be submitted by the applicant and received by the Planning Division a n Site Plan. The site plan must show the minimum of one (1) week prior to officially scheduling a proposed lots and/or building layouts pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location prepare for the meeting. n nearest reets; and y the relocati locations t of driveways on the subject property and A pre-application conference can usually be scheduled within 1-2 across the street. weeks of the Planning Division's receipt of the request for either �( Tuesday or Thursday mornings. Pre-application conferences are U The Proposed Uses. one (1) hour lonq and are typically held between the hours of Ef Topographic Information. Include 9:00-11:00 AM. Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN U If ON Pre-Application E p project, the applicant it for t MONOPOLE project, the applicant must PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM attach a copy of the letter and proof in 8:00-4:00/MONDAY-FRIDAY. the form of an affidavit of mailing, that the collocation protocol was completed IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE (see Section 18.798.080 of the Tigard PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Community Development Code). INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM L_1 Filing Fee$240.00 ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROUP. Receipt #: 27200000000000001783 Al0111111:- _... Date: 12/22/2000 T I D E M A R K COMPUTER SYSTEMS, INC Line Items: Case No Tran Code Description Revenue Account No. Amount Due PRE2000-00019 [LANDUS]PreApp Conf 100-0000-438000 $240.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Cash JERRY VOSIKA 0 $240.00 TOTAL AMOUNT PAID: $240.00 1 .f CITY OF TIGARD LAND USE APPLICATIONS PRE-APPLICATION CONFERANCE REQUEST This application is for the purpose of dividing the property owned by Ray and Sue Capone.The address is 11710 S.E Walnut Tigard,Oregon Phone number 503-590-7242 I,Jerry L.Vosika,will be acting as their agent.My address is: P.O.Box 843 Beavercreek,Or.97004 Phone 503-632-3855 The property owned by Capone's consists of 2 acres.We wish to divide this into 8 total lots.The proposed uses will be consistant with residental zoning R 4.5 The property has a slight slope from north to south. RECEIVED DEC 2 OOP COMMUNITY DEVELOPMENT , ,,;c47Eati "_2\r 0 ' ,eit 1 .c.t,,,,, enpriv--E. / of r ccgr,E 1- 117/6 cc•. GL�/ i ti-,'10,62.7 an/ .141- 7794-As, -z, 40 fA cue en,l, cw, 3 77 g, Pew file. 5o3 - G3.2- 38 0 9- 50 - 63 . . - 30 040 1 ■ I;'7 r-f'� r ` e ' C 355 F 3 a G 3%a5 ti t - u1,4,-• C 6 3 S�Sr ,..0 - „ + 5 0 • , (, , s r , si f G , ( i ^3 SSr~ . - • r� I j '' irr f".I -Q S Mur • Drainage Report for Cappoen Estates Subdivision 11710 SW Walnut Street Tigard, Oregon 97223 File No. MLP2003-00007 June 19, 2003 N Prepared by: p PROP Compass es, 6564 SE Lake Road Engineering '`��G•NE ss,�� �,���``���E Milwaukie, Oregon 97222 its''/ , •►j. ,�� Phone: 503-653-9093 Job No. 5037 OREGON s ' vc/IY 20,A99 �FC C. 0° EXPIRES:12/31/2004 SIGNATURE DATE: 4-if i/C3 Cappoen Estates Drainage Report 6/19/2003 Contents Table of Contents 2 1.0 Purpose 2 2.0 Project Location/Description 2 3.0 Stormwater Standards 3 4.0 Summary of Runoff Analysis 3 5.0 References 4 6.0 Design Parameters 4 7.0 Calculation Methodology 4 7.1 Conveyance 4 7.2 Detention 5 7.3 Water Quality 5 8.0 Maintenance Requirements 5 9.0 Downstream Analysis 5 Exhibits EX 1 Vicinity Map 6 EX 2 Soils Survey Map 7 EX 3 Predevelopment Conditions Map 8 EX 4 Developed Conditions Map 9 EX 5 Aerial Photo Map 10 Appendices A SBUH Calculations App A 1.0 Purpose The purpose of this report is to demonstrate the compliance of the proposed improvements for the Cappeon Estates Subdivision with the Stormwater management requirements of the City of Tigard and Cleanwater Services. 2.0 Project Location/Description The project is located on TL 200 2S1W3BD, south of Walnut Street, west of 116th Avenue at the end of Errol Street. The property is 1.32 acres. The land generally slopes to the northeast at 3% to an existing ditch inlet. To the west is approximately 6.5 acres of low density properties which appears to drain to the west boundary of the site 2 Cappoen Estates Drainage Report 6/19/2003 through a culvert under the adjacent driveway. A public storm sewer connection is stubbed to the end of Errol Street for connection of future development. Downstream the existing public storm system appears to have sufficient capacity for the existing flows. Per the County Soils Survey the existing soils are identified as 45B which are Woodburn Silts, hydrologic group C. See Exhibit 2, County Soils Survey Map. Development consists of installing roads and utility improvements for 6 lots with required grading for these improvements. Storm drainage improvements will consist of laterals to each lot to pick up roof drains, a public storm line and detention pipe, catch basins in the public right of way also connected to the detention pipe, and a Stormwater Management Stormfilter structure to provide water quality treatment prior to connecting to the existing public storm line. 3.0 Stormwater Standards The site is subject to the Rules and Regulations of the City of Tigard and of Cleanwater Services. Both water quality treatment and detention is required. Detention requirements are to match post development peak flows to predevelopment peak flows for the 2, 10 and 25 year events. Water quality requirement are to treat a 0.36"/4 hour storm. 4.0 Summary of Runoff Analysis The following table shows the runoff quantities generated in each of the basins as calculated by Hydrocad using the Santa Barbara Urban Hydrograph methodology. Detailed input and results appear in Appendix A. Table 4-1 SBUH Runoff Quantities Event Predeveloped Developed 2 year 0.42 .59 10 year 1.21 1.51 25 year 1.66 2.13 5.0 References 1. HydroCAD® Stormwater Modeling System, Applied Microcomputer Systems P.O. Box 350, Chocorua, NH 03817 USA 3 Cappoen Estates Drainage Report 6/19/2003 2. Cleanwater Services Design and Construction Standards, R&O 03-11, April 25, 2003. 3. Soil Survey of Washington County Area, Oregon; by George L. Green, Soil Conservation Service, issued July 1982. 4. Public Improvement Standards, City of Tigard, Engineering Department July 15, 1998. 6.0 Design Parameters 6.1 The design storm is a 24 hour standard SCS Type 1A Table 4-1: Total Depth Reoccurrence Year Total Depth (in) 2 2.5 10 3.45 25 3.9 Source: Cleanwater Services 6.2 Exhibit 2 includes the soils data information from the Soil Survey of Clackamas County. The following soils types are present on the site and are used to determine hydrologic runoff CN numbers. Soil Name and Map Hydrologic Group Symbol 45B Woodburn Silt Loam C 6.3 Exhibit 3, Existing Conditions shows the predevelopment conditions. 6.4 Exhibit 4 shows the post development conditions and the hydrologic parameters used for the determination of the developed hydrographs. 7.0 Calculation Methodology 7.1 Conveyance. The rational method will be used to check the size all pipes at final design. Pipes will be sized to ensure a minimum of one foot of freeboard to the surface, the bottom floor of basements or the lowest crawl space of structures connected to the storm system during the 25 year Storm Event. 7.2 Runoff. The Santa Barbara Urban Hydrograph methodology is used to calculate developed runoff hydrographs based on hydraulic parameters developed from the topography, soils information, survey and design information. HydroCad 6, a computer software hydrology program is used to complete the calculations and provide graphical outputs. 4 Cappoen Estates Drainage Report 6/19/2003 Prior to development the basin was moderately sloping generally cleared land as evidenced by the aerial photo. The hydrologic parameters and results for the predeveloped hydrologic analysis are included in Appendix A. A developed conditions model is shown in Appendix A. Utilizing SBUH methodology peak flows for the 2, 10, and 25 year storms were calculated and compared to the predeveloped conditions. A detention pipe with a control structure was design to reduce peak flows from each storm to the predevelopment peak. 7.3 Water Quality. A Stormwater Management filter system will be designed to meet water quality requirements. All low flows will be directed through the filters and higher flows will bypass the system. Specific design requirements will be provided at final design. 8.0 Maintenance Requirements The Stormwater Management filter system will require scheduled periodic maintenance per the manufacturer's recommendations. The maintenance requirements specified by the manufacturer will be provided at final design and will be their standard maintenance requirements. 9.0 Downstream Analysis - See Exhibit 3b The 12" public storm at Errol Street connects to a 15" flowing north in 116th street with an approximate area of 14.6 acres. At Walnut Street there is are 2 existing storm lines with an 18" and a 21" storm draining to the east with a basin size of about 28.7 acres. At this point the contribution from this development is less 4.6% of the total. There are no known system deficiencies and a non-surcharged capacity of 21 cfs appears to be adequately sized. 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J+-. ,0 + , A 1. . .° . ` ^'^'"+:'•;^".,7,.�..s :` r`C,{�ai 'El i s',, a -"-r,-:wn'., r;' „` -r• .. .. 41,....iriiiii.„.4. •�'r�CT 'a ` IFS - `Sa.,,. .w.zm VyI n e , :� r� . ,5:, W"M"b 6 v �9r it 'R`F.'0. ' xat '4' •'' a !, .. `° }�`'Y ♦ ", r., � t',-' r*„� w�,Fr Y1 t +'1 F1 k l .,.• F a� '`midi. ,w..t, .❑ A. . y' i.'$'+, ■ 2 99 a�' p .' ''yap � ,.•.S • ,pig '.”:` .r•\ r' „ ., •, :I ' ld -�v I :. 7L.� ,` --I. 1.• '-""` ';' •- • '-, 7 , - "-a •', 1 ••-4,4 ,•'--,..1?",,„,,di.,,• :;,:z"i ,;,",•..ii, „,. 1 •,-". • '.:: _;•___...;.„_::3...„4:. 77,„ -.1. -,..,r i •.h b :.'F ,,,?.41-- n, $.g � »° ^d I ''''',0 t ` r' i4.'. t .a 7 ti :.f--. 4 x:v 1t tom "` I. x ■ r 4• • Appendix A—SBUH Calculations To model the existing runoff, a single basin is designated, as shown in Exhibit 3. 200 feet of sheet flow and 420 feet of shallow concentrated flow is assumed to determine time of concentration. It is believed these values are conservative. This model is detailed at page 5. With development, the upstream characteristics remain the same. The site is now developed and has developed conditions with 100 feet of sheet flow from lawns and gutter flow to the detention pipe. SBUH calculations are shown for the 2, 10 and 25 year events. These calculations show the developed conditions discharge from the site matching the predeveloped conditions. Enclosures Model Schematic A2 SBUH Model 25 year event A3 SBUH Model 2 year event All SBUH Model 10 year event A 12 Al ilter - .. 4 ....___ ._..J.1 _.. , Extg Pipel Upstream —I> Det Pipe — I Extg Bas in Cappoen ) 4 ) i ubca Reach Link, As. - Drainage Diagram for Cappeon Prepared by Compass Engineering 6/18/2003 '''..\--- HydroCAD®600 s/n 002092 ©1986-2001 Applied Microcomputer Systems Cappeon Type IA 24-hr Rainfall=3.90" Prepared by Compass Engineering Page 3 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Time span=0.00-24.00 hrs, dt=0.05 hrs, 481 points Runoff by SBUH method, Type IA 24-hr Rainfall=3.90" Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment Cappoen: Cappoen Tc=9.2 min CN=84 Area=1.224 ac Runoff=0.66 cfs 0.232 of Subcatchment Extg Basin: Extg Basin Tc=28.8 min CN=74 Area=7.830 ac Runoff=j1.66 cf'0.977 af ►') ,a Subcatchment Upstream: Upstream Tc=28.8 min CN=74 Area=6.520 ac Runoff= 1.38 cfs 0.813 af Pond Det Pipe: Detention Pipe Peak Storage= 2,753 cf Inflow= 2.01 cfs 1.045 af Primary= 0.19 cfs 0.215 of Secondary= 1.47 cfs 0.796 of Outflow= 1.66 cfs 1.011 of Pond Filter: (new node) Inflow=0.19 cfs 0.215 af Primary=0.19 cfs 0.215 af Link Extg Pipe: Extg Pipe Inflow= .66 cfs 1.011 af POET" Primary= 1.66 cfs 1.011 of Runoff Area = 15.574 ac Volume =2.022 af Average Depth = 1.56" Cappeon Type IA 24-hr Rainfall=3.90" Prepared by Compass Engineering Page 4 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Subcatchment Cappoen: Cappoen Runoff = 0.66 cfs @ 7.99 hrs, Volume= 0.232 of Runoff by SBUH method, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Type IA 24-hr Rainfall=3.90" Area (ac) CN Description 0.714 74 >75% Grass cover, Good, HSG C 0.510 98 Paved parking & roofs 1.224 84 Weighted Average Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 9.1 100 0.0300 0.2 Sheet Flow, Lawn Grass: Short n= 0.150 P2= 2.70" 0.1 155 1.0000 20.3 Shallow Concentrated Flow, Gutter Paved Kv= 20.3 fps 9.2 255 Total Subcatchment Cappoen: Cappoen Hydrograph Plot /. ... t I ' - - - 1 --- , LO Runoff - r , : 0.7: 0.65 0.6= ' . 0.55: ; 0.5 0.45 r .. °- 0.4: c 0.35-]",. -- LL 0.3-? — 0.25:" ; ? 0.2= -'t-----;-----t- ,0.151 /// ///"Z///////. . - 0.13 ) ///�/ 0.05- ; : .. .,..:.,r..:.:.::..:..r 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) Cappeon Type IA 24-hr Rainfall=3.90" Prepared by Compass Engineering Page 5 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Subcatchment Extg Basin: Extg Basin Runoff = 1.66 cfs @ 8.11 hrs, Volume= 0.977 of Runoff by SBUH method, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Type IA 24-hr Rainfall=3.90" Area (ac) CN Description 7.830 74 >75% Grass cover, Good, HSG C Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 23.0 200 0.0300 0.1 Sheet Flow, Sheet Flow Grass: Dense n= 0.240 P2= 2.70" 5.8 420 0.0300 1.2 Shallow Concentrated Flow, Shallow Short Grass Pasture Kv= 7.0 fps 28.8 620 Total Subcatchment Extg Basin: Extg Basin Hydrograph Plot / l❑ Runoff 1.66 cfs u 1 T y/ ///////j ////// 0 «,„�� �,„ 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) Cappeon Type IA 24-hr Rainfall=3.90" Prepared by Compass Engineering Page 6 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Subcatchment Upstream: Upstream Runoff = 1.38 cfs @ 8.11 hrs, Volume= 0.813 of Runoff by SBUH method, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Type IA 24-hr Rainfall=3.90" Area (ac) CN Description 6.520 74 >75% Grass cover, Good, HSG C Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 23.0 200 0.0300 0.1 Sheet Flow, Sheet Flow Grass: Dense n= 0.240 P2= 2.70" 5.8 420 0.0300 1.2 Shallow Concentrated Flow, Shallow Short Grass Pasture Kv= 7.0 fps 28.8 620 Total Subcatchment Upstream: Upstream Hydrograph Plot �❑ Runoff` I 138 cfs Ar 0 1 2 3 4 5 6 7 8 9 10 11 12-13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) Cappeon Type IA 24-hr Rainfall=3.90" Prepared by Compass Engineering Page 7 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Pond Det Pipe: Detention Pipe Inflow = 2.01 cfs @ 8.04 hrs, Volume= 1.045 af Outflow = 1.66 cfs @ 8.39 hrs, Volume= 1.011 af, Atten= 17%, Lag= 20.8 min Primary = 0.19 cfs @ 8.39 hrs, Volume= 0.215 af Secondary = 1.47 cfs @ 8.39 hrs, Volume= 0.796 af Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Peak Elev= 105.01' Storage= 2,753 cf Plug-Flow detention time 39.6 min calculated for 1.011 af(97% of inflow) Elevation Cum.Store (feet) (cubic-feet) 100.00 0 101.00 392 102.00 1,027 103.00 1,723 104.00 2,358 105.00 2,749 Primary OutFlow (Free Discharge) L1=Orifice/Grate Secondary OutFlow (Free Discharge) 2=Orifice/Grate 3=Orifice/Grate =Orifice/Grate # Routing Invert Outlet Devices 1 Primary 100.00' 1.8"Vert. Orifice/Grate C= 0.600 2 Secondary 101.95' 3.9"Vert. Orifice/Grate C= 0.600 3 Secondary 102.63' 4.4"Vert. Orifice/Grate C= 0.600 4 Secondary 103.85' 1.2" Horiz. Orifice/Grate Limited to weir flow C= 0.600 Cappeon Type IA 24-hr Rainfall=3.90" Prepared by Compass Engineering Page 8 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Pond Det Pipe: Detention Pipe Hydrograph Plot Inflow 2.01 cry ❑ Outflow re ❑ Primary :II D Secondary 2- 1.66 crs 10 1 47 cis %�i Lammma4 N w U 0 1 i LT AI.. alkilleammonin.. 0.19 cis rad 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) Cappeon Type IA 24-hr Rainfall=3.90" Prepared by Compass Engineering Page 9 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Pond Filter: (new node) Inflow = 0.19 cfs @ 8.39 hrs, Volume= 0.215 of Primary = 0.19 cfs @ 8.39 hrs, Volume= 0.215 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Pond Filter: (new node) Hydrograph Plot Inflow 0.21 1 t 1 ® Primary 0.2- i t 0.�9 } t-- .--i 1. F----r 0.19= 0.18=• ' J t ` J .. --•-- a. a.- - -- 0.17= • , 0.16= i i • 0.15i" . --- ---;---- ---; 0.14; -- -- -- i----4----4.- ;% • - ''---- ---1---' . --.. _ 0.13; - -- w 0.12= - .. • - - 0.11.' '' { t- —t t 4 t -I t t---- i 0 0.1 " , : • LL 0.09, ._..-- ---. ,- --i.---- .. _._ ... 0.08: i 0.07." -- -- 0.06= -- - -.- .- -- -------. .. 0.05- . ._ 0.043 J 1 0.03;', ' / , 0.023 . -./ ! 0.01 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) Cappeon Type IA 24-hr Rainfall=3.90" Prepared by Compass Engineering Page 10 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Link Extg Pipe: Extg Pipe Inflow = 1.66 cfs @ 8.39 hrs, Volume= 1.011 af Primary = 1.66 cfs @ 8.39 hrs, Volume= 1.011 af, Atten= 0%, Lag= 0.0 min Primary outflow = Inflow, Time Span= 0.00-24.00 hrs, dt= 0.05 hrs Link Extg Pipe: Extg Pipe Hydrograph Plot / O Inflow 1 1.66 cfs ❑ Primary 1 1.66 cis. / /j V 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Time (hours) Cappeon Type IA 24-hr Rainfall=2.50" Prepared by Compass Engineering Page 11 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Time span=0.00-24.00 his, dt=0.05 hrs, 481 points Runoff by SBUH method, Type IA 24-hr Rainfall=2.50" Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment Cappoen: Cappoen Tc=9.2 min CN=84 Area=1.224 ac Runoff= 0.29 cfs 0.113 af Subcatchment Extg Basin: Extg Basin Tc=28.8 min CN=74 Area=7.830 ac Runoff=10.42 cfsj 0.388 of — Subcatchment Upstream: Upstream Tc=28.8 min CN=74 Area=6.520 ac Runoff= 0.35 cfs 0.323 of Pond Det Pipe: Detention Pipe Peak Storage= 1,468 cf Inflow= 0.59 cfs 0.437 af Primary= 0.14 cfs 0.174 of Secondary=0.29 cfs 0.236 of Outflow=0.42 cfs 0.410 of Pond Filter: (new node) Inflow= 0.14 cfs 0.174 of Primary= 0.14 cfs 0.174 af Link Extg Pipe: Extg Pipe Inflow=0.42 cfs 0.410 of - Primary=0.42 cfs 0.410 of Runoff Area = 15.574 ac Volume = 0.825 af Average Depth = 0.64" Cappeon Type IA 24-hr Rainfall=3.45" Prepared by Compass Engineering Page 12 HydroCAD®6.00 s/n 002092 © 1986-2001 Applied Microcomputer Systems 6/19/2003 Time span=0.00-24.00 hrs, dt=0.05 hrs, 481 points Runoff by SBUH method, Type IA 24-hr Rainfall=3.45' Reach routing by Stor-Ind+Trans method - Pond routing by Stor-Ind method Subcatchment Cappoen: Cappoen Tc=9.2 min CN=84 Area=1.224 ac Runoff= 0.53 cfs 0.192 af Subcatchment Extg Basin: Extg Basin , a. Tc=28.8 min CN=74 Area=7.830 ac Runoff=nril 0.772 of {.( Subcatchment Upstream: Upstream Tc=28.8 min CN=74 Area=6.520 ac Runoff= 1.01 cfs 0.643 of Pond Det Pipe: Detention Pipe Peak Storage= 2,265 cf Inflow= 1.51 cfs 0.835 of Primary= 0.17 cfs 0.203 of Secondary= 1.05 cfs 0.601 of Outflow= 1.21 cfs 0.804 of Pond Filter: (new node) Inflow= 0.17 cfs 0.203 of Primary= 0.17 cfs 0.203 of Link Extg Pipe: Extg Pipe Inflow=[1.21 cf 0.804 of F:w — Primary= 1.21 cfs 0.804 of Runoff Area = 15.574 ac Volume = 1.608 af Average Depth = 1.24" CITY OF TIGARD Community(Development Shaping Better Community LAND USE PROPOSAL DESdRIPTION 120 DAYS 10/29/2003 FILE NO.: SUBDIVISION (SUB) 2003-00007 FILE TITLE: CAPPOEN ESTATES SUBDIVISION APPLICANT: Jerry Vosika & Jim Anderson APPLICANT'S Compass Engineering PO Box 843 REP.: Attn: Karl Mawson Beavercreek, OR 97004 6564 SE Lake Road Milwaukie, OR 97222 OWNERS: Raymond and Suzanne Cappoen 11710 SW Walnut Street Tigard, OR 97223 REQUEST: The applicant is requesting approval of a six-lot Subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. LOCATION: 11710 SW Walnut Street; WCTM 2S103BD, Tax Lot 200. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. CIT AREA: Central DECISION MAKING BODY: ❑ TYPE I © TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: JULY 3, 2003 DATE COMMENTS ARE DUE: JULY 17, 2003 El HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:30 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ®STAFF DECISION (TENTATIVE) DATE OF DECISION: AUGUST 5, 2003 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® TREE PLAN ❑ UTILITY PLANS ® SITE PLAN ® GRADING PLANS ® IMPACT STUDY ® NARRATIVE ® DRAINAGE REPORT ® ARBORIST REPORT STAFF CONTACT: Brad Kilby, Associate Planner (503) 639-4171, x2434 CITY OF TIGARD OREGON May 12, 2003 Compass Engineering Karl Mawson 6564 SE Lake Road Milwaukie, OR 97222 RE: Notice of Incomplete Application Submittal —SUB2003-00007 Dear Mr. Mawson: The City received your application for a subdivision at the property described as WCTM2S103BD, Tax lot 200, and lot #2 of the Cappoen Partition (MLP2002-00005). This letter is to inform you that the application has been deemed incomplete. The following items are needed in order to deem your application complete and schedule it for review. • A tree plan prepared by a certified arborist in compliance with Tigard Development Code section 18.790.030. The plan should speak to any potential impacts to those trees that are to be retained on site, and a protection plan to avoid impacts during construction. • The City's Development Review Engineer needs the items on the following public facility plan completeness checklist. If you have questions regarding the information, contact Brian Rager at (503)639-4171 ext.2471 Should you have any questions with regard to these items, please contact me at 503- 639-4171 ext. 2434. Sincerely, Brad Kilby Associate Planner c: SUB2003-00007 Land Use File 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ND-USE APPLICM'ION Project: ' ;ey b./ Date: tA-ca t Z 266 3 COMPLETENESS REVIEW COMPLETE INCOMPLETE T NDARD INFORMATION: loi Deed/Title/Proof Of Ownership [� Neighborhood Mtg. Affidavits, Minutes, List Of Attendees V Impact Study (18.390) ©' USA Service Provider Letter ❑ Construction Cost Estimate # Sets Of Application Materials/Plans [I' Pre-Application Conference Notes ❑ Envelopes With Postage (Verify Count) PROJECT STATISTICS: ❑ 'Building Footprint Size I I % Of Landscaping On Site ❑ % Of Building Impervious Surface On Site EfI Lot Square Footage PLANS DIMENSIONED: ❑ Building Footprint Li Parking Space Dimensions (Include Accessible& Bike Parking) 0 ____Truck Loading Space Where Applicable ❑ Building Height ] Access Approach And Aisle ❑ Visual Clearance Triangle ow ADDITIONAL PLANS: ❑ Vicinity Map ❑ Architectural Plan Li Tree Inventory [1 Existing Conditions Plan ❑ Landscape Plan ❑ Site Plan ❑ Lighting Plan TREE PLAN/MITIGATION PLAN: ❑ ❑ ❑ - ❑ ADDITIONAL REPORTS: (list any special reports) ❑ ❑ - ❑ Li - - ❑ C RESPONSE TO APPLICABLE CODE SECTIONS: / ❑ 18.330(Conditional Use) U 1 8.620(Tigard Triangle Design Standards) Ldi 18.765(Off-Street Parking/Loading Requirements) ❑ 18.340(Director's Interpretation) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.350(Planned Development) d 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.360(Site Development Review) ❑ 18.710(Accessory Residential Units) ❑/1 8.785(Temporary Use Permits) ❑ 18.370(Yariances/Adjustments) 18.715(Density Computations) �' 790(tree Removal) ❑ 18.380(Zoning Map/Text Amendment) Li , 18.720(Design Compatibility Standards) 18.795(Visual Clearance Areas) ❑ 8.385(Miscellaneous Permit) [v- 18.725(Environmental Performance Standards) ❑ 1 8.797(Water Resources(WR)Overlay District) • 18.390(Decision Making Procedures/Impact Study) ❑ 18.730(Exceptions To Development Standards) I1 18.798(Wireless Communication Facilities) ❑ 18.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) Er 1 8.810(Street&Utility Improvement Standards) ❑ 1 8.420(Land Partitions) ❑ .i 8.742(Home Occupation Permits) 1:1"---1 8.430(Subdivisions) 2 18.745(Landscaping&Screening Standards) ©'18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial inning District) ❑ 1 8.755(Mixed Solid Waste/Reryding Storage) ❑ 18.530(Industrial Zoning Distnct) ❑ 18.760(Nonconforming Situations) ADDITIONAL ITEMS: I:\curpinlmasters\evised\land use application completeness review.dot REVISED: 17-Jan-01 CITY OF TIGARD OREGON June 24, 2003 Compass Engineering Karl Mawson 6564 SE Lake Road Milwaukie, OR 97222 RE: Notice of*complete Application Submittal —SUB2003-00007 Dear Mr. Mawson: The City received your application for a subdivision on April 16, 2003, and the additional items requested on June 19, 2003. The property is described as WCTM2S103BD, Tax lot 200, and lot #2 of the Cappoen Partition (MLP2002-00005). This letter is to inform you that the application has been deemed complete, and is scheduled for review. However, in order to begin processing the application, your envelopes must be updated with new labels. The labels are only good for three months, and the record indicates that your labels were generated in January. Please contact Patty Lunsford at (503) 639-4171 ext. 2438 to request a new set of labels. The labels will need to be placed over the existing labels, and can be completed at the counter. I also will need two additional copies of the drainage report for circulation. These items will need to be completed as soon as possible. Should you have any questions with regard to these items, please contact me at 503- 639-4171 ext. 2434. I will be gone until Monday, June 30, 2003, so if you need assistance, contact Matt Scheidegger or Morgan Tracy in my absence. Sincerely, Zei-a(1 Brad Kilby Associate Planner c: SUB2003-00007 Land Use File 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 .70 Aid/r),LteeZ //kg WO3 ‘4(1 a1)74(' #1; 6(41, =- 10q/03 PUBLIC FACILITY PLAN Project: ,shrey Development COMPLETENESS CHECKLIST Date: 5/13/03 GRADING ® Existing and proposed contours shown. ® Are there grading impacts on adjacent parcels? ® Adjacent parcel grades shown. ® Geotech study submitted? n/a STREET ISSUES ® Right-of-way clearly shown. ® Centerline of street(s) clearly shown. ® reet name(s) shown. ® Existing/proposed curb or edge of pavement shown. Street profiles shown. Profile needs to extend beyond the site PI boundary at least 300 feet. Future Street Plan: Must show street profiles, topo Not provided on adjacent parcel(s), etc. ® Traffic Impact and/or Access Report n/a ® §Ireet grades compliant? Street/ROW widths dimensioned and appropriate? Not dimensioned. Also, the section detail does not comply with Tigard standards. Also showing curb tight sidewalk, which is not per standard. ® Private Streets? Less than 6 lots and width appropriate? ❑ Other: SANITARY SEWER ISSUES ® Existing/proposed lines shown. ® Stubs to adjacent parcels required/shown? WATER ISSUES ® Existing/proposed lines w/ sizes noted? ® Existing/proposed fire hydrants shown? ® Proposed meter location and size shown? ® Proposed fire protection system shown? STORM RAINAGE AND WATER QUALITY ISSUES Z (sting/proposed lines shown? Preliminary sizing calcs for water quality/detention Not complete. They have not specified the provided? type or proposed size of the water quality facility. ® Water quality/detention facility shown on plans? Li Area for facility match requirements from calcs? ® Facility shown outside any wetland buffer? ® Storm stubs to adjacent parcels required/shown? The submittal is hereby dee ed COMPLETE ® INCOMPLETE fr By: I Date: May 13, 2003 REVISED: 05/13/03 , r ADDITIONAL DOCUMENTS NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION CITY O TIGARD SUBDIVISION `ommunity Development Shaping)(Better Community DATE OF NOTICE: July 3, 2003 FILE NUMBER: SUBDIVISION (SUB) 2003-00007 FILE NAME: CAPPOEN ESTATES SUBDIVISION PROPOSAL: The applicant is requesting approval of a six-lot Subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. LOCATION: 11710 SW Walnut Street; WCTM 2S103BD, Tax Lot 200. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON JULY 17, 2003. All comments should be directed to Brad Kilby, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171 or by e-mail to bradleya.ci.tigard.or.us. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR AUGUST 5, 2003. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." 116 in Ifild 4•.- • 2 ■ lea VICINITY MAP 11111111111P '��'<�■ ■ 007 r CAPPOEN ESTATES iPiSt!I1!L1!Lf1 ■�•l SUBDIVISION iso la:vi !!! . fedi/ al re•,`V„• i Iiit11iIii 1 ib1%lig lTD9 . .••i. .: . ► li 311 �..._ • ■� ■� r■iiiH�i::. ■■1ENA. N i11■■11M 111 Eli- ■■L'L'= • ���� 11■■11111HH r,inn im r r ritii, �m® III• iii !■■■■Pram ■j V�� .� 7 � �-.�.- Cormunfy DevelopmaM Pbl date JuI 3,2001.C anaVIc AGIC01 APR NOTICE OF TYPE II DECISION CAPPOEN ESTATES SUBDIVISION CITY OF TIOARD Community(Development SUBDIVISION (SUB) 2003-00007 Sfiaping)l Better Community 120 DAYS =10/29/2003 SECTION I. APPLICATION SUMMARY FILE NAME: CAPPOEN ESTATES SUBDIVISION CASE NO.: Subdivision (SUB) Type II SUB2003-00007 REQUEST: The applicant is seeking approval of a 6-lot subdivision of 1.32 acres. The lots are expected to be developed with single-family residences on lot sizes that range from 6,230 square feet up to 10,660 square feet. APPLICANT: Jerry Vosika and Jim Anderson AGENT: Compass Engineering PO Box 843 Attn: Karl Mawson Beavercreek, OR 97004 6564 SE Lake Road Milwaukie, OR 97222 OWNER: Ray and Suzanne Cappoen 11710 SW Walnut Street Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: The project is located behind 11710 SW Walnut, and is described as 2S103BD, Tax Lot 200 (Parcel 2 of the Cappoen Partition MLP2002-00005). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED subject to certain conditions, the request for Subdivision and Adjustment approvals. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 ) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON AUGUST 20, 2003 AND BECOMES EFFECTIVE ON SEPTEMBER 5, 2003 UNLESS AN APPEAL IS FILED. AAp eeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 4, 2003. I Questions: For further information please contact the Planning Division Staff Planner, Brad Kilbv at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. • - .. . ---'— CiTV of TIGMRO T •• ,• �� =-r�=�=■ at VICINITY MA P.11 1111*kjaj ■i CAPPOEN ESTATES Iiba SUBDIVISION il1l1k 111 =../ ••i Nii.. ■11 011r, ■tilli. IIII ;„:1,7114•11111 MIME 0.0* its - g \'"i: isl-irmes wan in N ■■ -r •m ■ r.emit imaiii. AI i ... Ilk ..5 A a . ,„,r, v.; _ - : • i mom r.,,,, , - 1.,.. ,,, ., A ' lila-11. 111111111111: Ap Ill. Nor AI t111r1111111111■ liklil 11111111111111 411 I W:1... II! iI a1 .1. - : ::z.-�=1: ®_ ---1-- I3 n..°. i O EiRi U di 0• -, I Z 1 1'1 1 II lr i 1 Q I I 1 el III n'm°s° 1 I j 0 •• IX R. --'hT--- -�- __nom-- I o 3 I VI I I1 I ,• l u,. I-' t l i I- \ r ---- � / ' I I •_ J a.. I L:::-- '`---- J I - ---- f %.1%. j I nra. CITY OF TIG ARD t SU02003-00007 SITE PILAW' CAPPOEN ESTATES SUBDIVISION (Map is not to scale) N J SIGN COMPLIANCE AGREEMENT Witnesseth: This agreement dated the day of �, OQbetween the City of Tigard, as a municipality of the State of Orego , hereinafter termed the "City", and 2 g 4'4 .6,, hereinafter termed the "Developer". WHEREAS, the Developer has applied to the City for approval of ‘ hi- S,,G zri‘vn located in Township - South, Range One (1) West, Section 3,A , Willamette Meridian, Washington County, Oregon, and WHEREAS, the City has adopted standards in the Community Development Code Chapter 18 for signs; NOW, THEREFORE, it is hereby agreed as follows: The Developer agrees that all signage both temporary and permanent will comply with City sign regulations. The Developer further agrees and acknowledges to be responsible for the rectifying of any and all sign regulation violations during the marketing and initial sale of all properties within said development. The Developer further agrees that, should sign regulations be violated, to be subject to all citations that may be issued during the initial sale and marketing of the properties. - iie Developer: ,�4 / 67)2/2 er: N By: leL The City of Tigard: By: RECEIVED SEP 1 7 2004 _WY OF TIGARD Patty Lunsford - SUB2003-00007 Capper^ Estates Page 1 From: Kim Mcmillan To: Patty Lunsford Date: Monday, May 02, 2005 10:58:52 AM Subject: SUB2003-00007 Cappoen Estates Patty, I am sending this e-mail for you to place in the file. Cappoen Estates Subdivision proposed a shared access for 2 of the lots. It is 12 feet wide, which means it is a shared, private drive. My land use comments were written as if it was a private street rather than a private driveway. A private street requires 20 feet of paving, 5 foot sidewalk and street trees. Kim ARTICLE VII Incorporator The name and address of the incorporator is: Jerry Vosika 25614 South Ridge Road / PO Box 843 Beavercreek, OR 97004 ARTICLE VIII Dissolution If the Association be dissolved for any reason, an unincorporated association of the same name shall succeed it with the powers and obligations of the incorporated association which existed immediately prior to that dissolution, transferred, without assignment, to the successor unincor- porated association,with such appropriate assignments as are required to effectuate this purpose. The successor unincorporated association shall be governed by these Articles of Incorporation and the Bylaws of the incorporated association. ARTICLE IX Membership and voting Rights a) All the owners of Cappoen Estates shall be members of the Association. b) Each lot owner who is otherwise in compliance with Article II of the Bylaws of as regards current payment of dues and assessments shall have one vote for each lot in Cappoen Estates. The board of directors shall be entitled to a vote on behalf of any lot which has been acquired by or on behalf of the Association. The method of voting shall be as provided in the Bylaws. ARTICLE X Amendment The provisions hereof may be amended by the vote of owners holding a majority of the voting rights at any given time. A mortgagee may vote the interest of the land owners consistent with the Declaration, Conditions and Restrictions, and the Bylaws of this corporation. No amend- ment may be inconsistent with the Declaration or Bylaws unless such documents are likewise amended as provided therein. DATED: 6/3e los CAPPOEN ESTATES HOMEOWNERS ASSOCIATION 25614 South Ridge Roa , -eavercreek, OR 97004 By J- ry Vosika Page 2 - ARTICLES OF INCORPORATION DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS PRIVATE STREET MAINTENANCE OF CAPPOEN ESTATES KNOW ALL MEN BY THESE PRESENTS: ASHREY DEVELOPMENT, LLC, an Oregon limited liability company, hereinafter called the Declarant, does hereby declare as follows: Declarant is the owner in fee simple of real property in the City of Tigard, Washington County, Oregon, known as CAPPOEN ESTATES as the same appears in the plat recorded in Document , Records of Washington County, Oregon. Declarants desire to declare and make public record of their intention to create protective covenants, conditions, and restrictions as well as a private street maintenance agreement in order to effectuate a general scheme of development creating benefits and obligations for the owners of said property. Declarants hereby declare that all properties described above shall be held, sold, and conveyed subject to the following conditions, restrictions,and covenants,which are for the purpose of protecting the value and desirability of the real property which shall run with the land and inure to the benefit of each owner thereof. These shall be binding on all parties having right, title, or interest in and to the described premises or any parts thereof, their heirs, successors and assigns. ARTICLE 1 RESIDENTIAL COVENANTS 1. LAND USE AND BUILDING TYPE No lot shall be used except for residential purposes. Any structure placed on a lot in this subdivision to occupy one single family as a dwelling under applicable zoning and building laws and restrictions. No building shall be erected, altered, placed or permitted to remain on any lot other than a single-family dwelling not to exceed thirty-five (35)feet in height and a private garage for not less than two (2) cars. The foregoing shall not exclude construction of a private greenhouse, storage unit, private swimming pool or a shelter or port for such swimming pool, provided the location of such structure is in conformity with the applicable municipal regulations and is compatible in design and decor with the residence constructed on the lot and has been approved by the Architectural Control Committee, as designated by Declarants. Declarants shall serve as the sole architectural control committee until the last home in Cappoen Estates is constructed This section shall not be deemed to prohibit the right of any licensed builder to construct a structure on any lot, to store construction material and equipment on said lots in the normal course and time of construction as a home. Page 1 — DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS AND PRIVATE STREET MAINTENANCE AGREEMENT OF CAPPOEN ESTATES 2. DWELLING SIZE The minimum square footage of any home within this subdivision shall be 2,400 square feet exclusive of garages and open porches. 3. EASEMENTS Improvements shall not be placed so as to interfere with the maintenance of any easement. The owner of any lot which is subject to an easement shall maintain the easement area at his/her own expense, except for those improvements for which public authority or utility is responsible. 4. OFFENSIVE ACTIVITIES No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done, grown, or placed on any lot which interferes with or jeopardizes the quiet enjoyment of other lot owners within this subdivision. No illegal activity shall be carried on upon any lot. 5. ANIMALS No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that a reasonable number(not to exceed three (3)) of dogs, cats, or other household pets may be kept provided they are not kept, bred, or maintained for commercial purposes and are reasonably controlled so as not to constitute a nuisance. 6. SIGNS No signs shall be erected or maintained on any lot (excluding Cappoen Estates entrance sign) except that not more than one "For Sale" or"For Rent" sign placed by the Owner, Declarant, or licensed real estate agent, not exceeding twenty-four(24) inches high and thirty-six (36) inches long, may be temporarily placed on any lot. This restriction shall not prohibit the temporary placement of "political" signs on any lot by Owner or appointees provided the same shall not be a violation of the controlling governmental sign ordinances. 7. ANTENNAS No antennas shall be permitted to be attached to the residence or any other structure on the premises of this subdivision except that satellite dishes attached to the side of the house least visible from the street shall be allowed, provided that such satellite dishes are not in excess of 24 inches in diameter. 8. PARKING Parking of commercial vehicles, boats, trailers, motor homes, motorcycles, trucks, pickup trucks, truck-campers and like equipment shall not be allowed on any part of the property nor on public or private streets adjacent thereto excepting only within the confines of an enclosed garage. Each dwelling must have offstreet parking for at least two (2) vehicles. Garage bays may be counted for the purpose of meeting this requirement. 9. VEHICLES IN DISREPAIR No owner shall permit any vehicle which is in a state of disrepair to be abandoned or to remain parked on any lot or on the Open Space or on any street for a period in excess of forty-eight (48) hours. A vehicle shall be deemed to be in a state of disrepair when, due to its continued inoperability or significant damage it offends the occupants of the neighborhood. Page 2- DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS AND PRIVATE STREET MAINTENANCE AGREEMENT OF CAPPOEN ESTATES 10. VIEWS All views shall be safeguarded to the extent reasonably possible. So far as is reasonable, all fences, lattice work,screens,walls, hedges,trees,and shrubs shall be placed and limited in size to protect the view of other lots. It is understood that if a tree, shrub, or landscape structure does obstruct the view, it shall be trimmed or removed. 11. TREE PRESERVATION No healthy, nonhazardous tree in excess of 6" in diameter and 20'in height located outside a building's footprint shall be removed without prior written approval of the Architectural Control Committee as established herein. 12. RUBBISH AND TRASH No lot shall be used as a dumping ground for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate sanitary containers for appropriate disposal and out of public view. Yard rankings and dirt resulting from landscaping work shall not be dumped onto streets or lots nor shall it be allowed to accumulate on such lots. 13. MAINTENANCE OF DWELLING Each Owner shall maintain their lot and improvements in a clean and attractive condition in good repair and in such a fashion as not to create a hazard of any kind. Such maintenance shall include, without limitation, painting or staining, repair, replacement, and care of gutters, downspouts, surface water drainage, walks or other exterior improvements and glass surfaces. In addition,each Owner shall keep trees,shrubs,grasses,and plantings of every kind neatly trimmed, properly cultivated, and free of trash, weeds, or unsightly materials. Provisions of this section including the areas between the property lines of any lot and the nearest curb, including sidewalks and trees. 14. PRIVATE STREET & EASEMENTS The private street adjacent to Lots 3, 4, 5 and 6 shall be open to all public vehicular and pedestrian traffic. Easements for the installation and maintenance of utilities and drainage facilities are reserved on the lots as shown on the recorded plat. Within these easements, no structures, plantings, or other materials shall be placed or permitted to remain which may damage or interfere with the flow of water through drainage channels in the easements. On those lots on which an easement placement is reserved for public authority or utility use, each Owner is responsible for removal of vegetation,fencing,or affected improvements in the event a utility company makes such a request. Boats, trailers, truck-campers, motor homes, commercial vehicles, and like equipment shall be completely screened from view and not parked or stored on any public way. 15. TEMPORARY STRUCTURES No structure of a temporary character, trailer, motorhome, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence. 16. UTILITIES No outdoor overhead wire or service drop for the distribution of electrical energy or telecommunications purposes, nor any pole, tower, or other structure supporting said overhead Page 3— DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS AND PRIVATE STREET MAINTENANCE AGREEMENT OF CAPPOEN ESTATES wire shall be erected, placed, or maintained within this subdivision. All owners of lots within this subdivision, their heirs, successors, and assigns shall use underground wires to connect their premises and the structures built thereon to the underground electric, T.V. cable, or telephone utility facilities provided. 17. COMPLETION OF CONSTRUCTION The construction of any building on a lot, including private lot drainage, painting, and all exterior finish, shall be completed within six (6) months from the beginning of construction so as to present a finished appearance when viewed from any angle. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval from the Architectural Control Committee. 18. LANDSCAPE COMPLETION All front, rear, and side yard landscaping and tree removal must be completed pursuant to a landscaping plan approved by the Architectural Control Committee. The front yard and side yard on corner lots landscaping must be installed upon substantial completion of the residence. All remaining landscaping must be completed within six (6) months of occupancy of the dwelling. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable time, but only after written application is made to the Architectural Control Committee and the Committee's approval is obtained. 19. VISUAL CLEARANCE, FENCES AND HEDGES The maximum height of a boundary fence or hedge on any lot shall be five (5) feet. Said fence or hedge may not be placed forward of the dwelling's front elevation building footprint. No fence or hedge shall be erected without prior written approval of the Architectural Control S Committee. �L \,� n4- Prior to installing fencing, landscaping or other obstructions on any corner lot, the �' Homeowners'Association shall submit plans and drawings to the City of Tigard to verify compliance with visual clearance standards and other requirements. 20. EXTERIOR MATERIALS Exterior materials must be approved for use by the Architectural Control Committee. Roofing materials must be cedar shingle, cedar shake, tile, or architectural roof. Exterior siding shall be lap cedar or manufactured concrete resin product similar to Hardiplank, stone, brick, or stucco. Windows and exterior doors shall be wood or approved vinyl. Windows not facing streets may be approved anodized aluminum. Garage doors can be of either wood or metal construction. In appropriate circumstances,the Architectural Control Committee can approve other materials as necessary to facilitate design, provided such are in keeping with the character of the subdivision. 21. EXTERIOR FINISH The exterior finish of all construction on any lot shall be designed, built, and maintained in such a manner as to blend in with the existing structures and landscaping within this subdivision. Exterior colors must be approved by the Architectural Control Committee in accordance with these conditions and restrictions. Exterior trim,fences,doors, railings,decks,eaves,gutters,and exterior finish on garages and other accessory buildings shall be designed, built, and maintained to be compatible with the exterior of the structure they adjoin. Mail box and newspaper receptacles in Page 4- DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS AND PRIVATE STREET MAINTENANCE AGREEMENT OF CAPPOEN ESTATES front of any lot shall be included in a single-structure design approved by the Declarants prior to construction unless otherwise dictated by the U.S. Postal Service. 22. WINDOW COVERINGS Window coverings other than commercially produced curtains, shutters, drapes or blinds or those non-commercially produced but of comparable quality shall not be permitted to be visible from any public or private street at any time after occupancy of the dwelling. ARTICLE II ASSOCIATION OF HOMEOWNERS The Property shall be governed by a Homeowners'Association organized under the name of Cappoen Estates Homeowners Association or such other similar name to serve as a means by which owners may take action regarding the administration and operation of the Property for the benefit of the Property and all owners of lot and tracts. 1. ORGANIZATION (a) An Association of all lot owners in the Property shall be organized as a nonprofit corporation under the Oregon Nonprofit Corporation Act (ORS Chapter 65). The Articles of Incorporation of the Association shall provide for its perpetual existence, but in the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated association of the same name as provided in the Articles of Incorporation and Bylaws. (b) In the event of dissolution, all of the property, powers and obligations of the incorporated existing thereupon shall automatically vest in a successor unincorporated nonprofit association.Such vesting shall thereafter be confirmed and evidenced by appropriate conveyances and assignments by the incorporated Association. To the greatest extent possible, any successor unincorporated association shall be governed by the Articles of Incorporation and Bylaws of the Association as if they had been made to constitute the governing documents of the unincorporated association unless the declaration is terminated as provided in Article II of this declaration. 2. MEMBERSHIP Every owner of one or more lots within the Property shall, immediately upon creation of the Association and thereafter during the entire period of the owner's ownership of one or more lots within the Property, be a member of the Association. The membership shall commence, exist and continue simply by virtue of the ownership, shall expire automatically upon termination of the ownership and need not be confirmed or evidenced by any certificate or acceptance of membership. 3. BYLAWS The Association shall be governed by bylaws of Cappoen Estates Homeowners Association, which are being recorded in the records of Washington County, Oregon. 4. BOARD OF DIRECTORS The affairs of the Association shall be governed by a Board of Directors as provided in the Bylaws. Page 5- DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS AND PRIVATE STREET MAINTENANCE AGREEMENT OF CAPPOEN ESTATES 5. VOTING RIGHTS (a) The Owner or Owners of a lot shall be entitled to one (1) vote for each lot owned. The method of voting shall be as provided in the Bylaws. (b) When more than one person holds an interest in any lot, all such persons shall be members. The vote of the lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot. (c) Voting rights shall be forfeited whenever a lot Owner has failed to pay dues or private street maintenance assessments. 6. POWERS AND OBLIGATIONS The Association shall have, exercise and perform all of the following powers, duties and obligations. (a) The powers, duties and obligation granted to the Association by this declaration, including functioning as the Architectural Control Committee as provided in Article III of this declaration. (b) The powers and obligations of a nonprofit corporation pursuant to ORS Chapter 65. (c) The powers of a homeowners association pursuant to ORS 94.630 to the extent consistent with this declaration. (d) Any additional or different powers, duties and obligations necessary or desirable for the purpose of carrying out the functions of the Association pursuant to this declaration or otherwise promoting the general benefit of the owners within the Property. 7. SPECIFIC POWERS AND DUTIES The powers and duties of the Association shall include, without limitation, the following: (a) Maintenance Enforcement.The Association shall provide for the enforcement of the CC&R's of Cappoen Estates. The Association shall provide for the maintenance of the private street within the subdivision. The Association shall provide for Clean Water Service monitoring of the subdivision. (b) Enforcement. Enforcement by legal means of the provisions of this declaration, the Bylaws and any rules and regulations adopted pursuant to this article. (c) Rulemakinq.The Association may make, establish, promulgate, amend and repeal rules and regulations as provided in this article. (d) Budget. The Association may adopt a proposed budget as provided in the Bylaws, but may only impose and collect assessments as provided in this article. 8. ASSESSMENTS (a) In addition to the right to assess property adjacent to a street, as set forth in Article II, Section 8(c)below,the Association shall have the right to assess all lots in the subdivision in order to defray and offset all necessary costs and expenses incurred by the Association for and enforcement of CC&R's, costs of operating the Association, and costs of Clean Water Service monitoring on behalf of the subdivision,not exceeding two-hundred forty dollars($240.00) per year per lot. (b) A lot owner shall be personally liable for all assessments imposed on the lot. Unpaid assessments shall constitute a lien against the owner's lot. Page 6— DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS AND PRIVATE STREET MAINTENANCE AGREEMENT OF CAPPOEN ESTATES • (c) Street Assessments. Street assessments shall be made by the Homeowners Association to defray the reasonable and necessary costs of maintenance of the private roadway adjacent to Lots 3, 4, 5 and 6 of the subdivision. The Association shall cause the roadway to be reasonably maintained and may promulgate rules and regulations regarding its use so long as this roadway remains open to vehicular traffic and pedestrian traffic at all times . The property owners of Lots 3,4, 5, and 6 shall be obligated to pay the maintenance expenses of this street as assessed by the Board of Directors of the Homeowners' Association. This assessment may not be waived due to limited to nonuse of the street. All expenses incurred by the Association in maintaining the private street and in collecting the unpaid costs of street maintenance, including costs and attorney fees, prior to initiation of legal action shall be paid by the property owner against whom a collection is directed. Further,the Board of Directors shall have the right and duty to recover for the Association expenses, maintenance costs, together with charges, interest, and expenses of the proceeding, including attorney's fees, on any suit or action brought against the property owner in collection of such or in foreclosure of a lien upon the property. The Homeowners'Association shall have the right to exert a lien against the property owner on which unpaid expenses for street maintenance exist for a period in excess of thirty (30) days from the date of Notice of Delinquency by the Homeowners Association of street maintenance charges due and the individual property assessment therefor. ARTICLE III ARCHITECTURAL CONTROL COMMITTEE Ashrey Development, LLC, shall serve as the sole Architectural Control Committee until such time as the construction of the last residence on this property is completed and occupancy permit issued therefore. At that time,the owners of the lots of this subdivision shall elect or appoint successor Architectural Control Committee pursuant to the Bylaws and Articles of Incorporation of Cappoen Estates. Following sale and occupancy of the last lot of this subdivision,the successor Architectural Review Committee shall notify all members of the subdivision of the names and addresses of the Committee members. None of the Committee members shall be entitled to any compensation for services performed pursuant to these covenants. Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, building, or developer for any language, loss, or prejudice suffered or claimed on account of any action or failure to act by the Committee or a member thereof, provided that the member that , in accordance with actual knowledge, possessed by him, acted in good faith. Decisions of the Committee with respect to any project or proposed to it shall be in writing within the time frame set forth herein above. 1. ARCHITECTURAL REVIEW No structure, including storage shelters, shall be commenced, erected, placed, or altered on any lot until construction plans and specifications with a plat showing the nature,shape, heights, material, colors, and proposed location of the structure or change have been submitted to and approved in writing by the Architectural Control Committee. It is the intention and purpose of this covenant to assure quality of workmanship, materials, harmony of external design with the existing Page 7— DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS AND PRIVATE STREET MAINTENANCE AGREEMENT OF CAPPOEN ESTATES structures as to location, topography, and finished grade elevations to avoid plan repetition. In all cases, the Architectural Control Committee's consent is required. 2. MAJOR CONSTRUCTION In the case of initial or substantial additional construction of a dwelling, the owner shall prepare and submit to the Architectural Control Committee such plans and specifications for the proposed work as the Committee may require. Materials required by the Committee may include, but not necessarily be limited to, the following: (a) A plan indicating the location of all improvements including private drainage; (b) A drawing showing elevations, exterior materials, and exterior color schemes of all improvements including fencing; (c) Drawings showing yard and landscape design and location including a description of plant materials; (d) The Architectural Control Committee shall render its decision with respect to the proposal within thirty (30) days after it has received all required materials. 3. MINOR CONSTRUCTION In the case of minor additions, remodeling, change of exterior color, greenhouse or swimming pool construction or any work not referred to above, the owner shall submit to the Architectural Control Committee such plans and specifications for the proposed work as the Committee determines are necessary to enable it to evaluate the proposal. The Architectural Control Committee shall render its decision with respect to minor work thirty (30) days after it has received all material required by it with respect thereto. The Architectural Control Committee, in its sole discretion, may withhold consent to any proposed work if it finds that the proposed work would be inappropriate for the particular lot or incompatible with the design standards that the Declarant intended for the subdivision. Considerations such as siding, shape, size, color, design, heights, impairment of view, or other affects on the enjoyment of the remaining lots in the subdivision which the Committee feels reasonable relevant may be taken into account in determining whether or not to consent to any proposed work. ARTICLE IV GENERAL PROVISIONS 1. TERM AND AMENDMENT These covenants, conditions, and restrictions shall run with and bind all of the property within this subdivision for a term of twenty (20) years from the date this declaration is recorded, after which time they shall be automatically extended for successive periods of (10) years. This declaration or parts thereof can be terminated, revoked, or amended only by duly recording an instrument which contains the amendment or the order of revocation or termination and which is signed by the owners of seventy-five percent (75%) of the platted lots except that the Declarant shall retain the authority to make amendments until the last lot is constructed upon. Page 8- DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS AND PRIVATE STREET MAINTENANCE AGREEMENT OF CAPPOEN ESTATES 4. ENFORCEMENT In the event of any violation of any of the provisions of the declaration, the Declarant or any person or persons owning real property within the plat may, at their option, exercise the right to enforce these covenants by bringing an action in a court of law. Failure by any party to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so afterwards. The prevailing party in any action brought to enforce the provisions of the declarations shall be entitled to recover all costs, including reasonable attorney fees incurred in such enforcement. 5. SEVERABILITY Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 6. LIMITATION OF LIABILITY OF DECLARANTS Neither Declarants nor any officer or director thereof shall be liable to the owner on account of an action or failure to act by the Declarants in performing their duties or rights hereunder, provided that Declarants have, in accordance with actual knowledge possessed by them, acted in good faith. IN WITNESS WHEREOF, the undersigned Declarant has set his hand this day of , 2005. ASHREY DEVELOPMENT, LLC By: Jerry Voisika, Member STATE OF OREGON ss. COUNTY OF ,a Notary Public for the State of Oregon, hereby certify that on the day of , 2005, personally appeared before me who being duly sworn did acknowledge that the execution of the foregoing instrument to be their free and voluntary act. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 9— DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS AND PRIVATE STREET MAINTENANCE AGREEMENT OF CAPPOEN ESTATES ADDENDUM "A" to CAPPOEN ESTATES DECLARATION OF CC&Rs PRIVATE STREET MAINTENANCE AGREEMENT CAPPOEN ESTATES contains a private street adjacent to Lots 3,, 4, 5, and 6. The cost of maintenance of the street shall be the shared equally by said lot owner(s) according to the Declarations of Protective Covenants, Conditions, and Restrictions and Bylaws of Cappoen Estates Homeowners Association. The undersigned, owner(s) of Lot , CAPPOEN ESTATES, acknowledge receipt of the Declaration of CC&Rs, the Bylaws of Cappoen Estates, and this Private Street Maintenance Agreement, and agree to the obligations to pay the shared costs of street maintenance according to the terms set forth in these documents. This Agreement shall be binding on the heirs, successors, and assigns of the undersigned lot owner(s). DATED this day of , 200 OWNER(S): Page 1 of 1 - PRIVATE STREET MAINTENANCE AGREEMENT BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION These Bylaws of Cappoen Estates Homeowners Association are made this day of , 2005, by Cappoen Estates Homeowners Association, an Oregon nonprofit corporation ("Association"). RECITALS A. Cappoen Estates is a subdivision recorded in Plat Book , Page , Plat Records of Washington County, Oregon ("Property"). B. The Property is subject to Declaration of Cappoen Estates Protective Covenants, Conditions and Restrictions recorded as Document No. ("the Declaration"). Records of Washington County, Oregon, and in the Private Street Maintenance Agreement, Addendum "A," thereto. C. The Property consists of six (6) lots and a private street. All Owners are subject to Cappoen Estates Covenants, Conditions and Restrictions. Lots 3, 4, 5, and 6 are subject to a Maintenance Agreement For Private Road Maintenance set forth in the CC&R's, Document No. Records of Washington County, Oregon. D. The Declaration recorded per Article II above provides for the formation of an Association of Owners ("Association") and the incorporation of the Association as a nonprofit corporation under the Oregon Nonprofit Corporation Act, ORS Chapter 65. E. The Developer elected the initial board of directors and vested the board with the authority to cause articles of incorporation to be filed for the Association and to adopt and record these Bylaws. NOW,THEREFORE,pursuant to the Declarations and ORS 65.061,the Board of Directors, on behalf of the Association, adopts the Bylaws set forth below. ARTICLE I DEFINITIONS When used in these Bylaws the following terms shall have the following meanings: Page 1 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION 1.1 "Addendum A" means Addendum A to Cappoen Estates Covenants, Conditions and Restrictions: Maintenance Agreement For Private Road Maintenance recorded as Document No. , Records of Washington County, Oregon. 1.2 "Articles of Incorporation" means Articles of Incorporation of Cappoen Estates Homeowners Association filed , 2005, in the office of the Oregon Secretary of State. 1.3 "Assessment" means any charge imposed or levied by the Association against an Owner after Owner's prior consent as provided in Article II, Section 8, of the Declaration. 1.4 "Association" means Cappoen Estates Homeowners Association established pursuant to Article II of the Declaration. 1.5 "Bylaws" means these Bylaws as they may be amended from time to time. 1.6 "Declaration" means Declaration of Cappoen Estates Protective Covenants, Conditions and Restrictions recorded as Document No. and any amendments thereto. 1.7 "Lot" means any of the Lots numerically designated 1 through 6 on the plat of Cappoen Estates recorded , Plat Book , Page , Plat Records of Washington County, Oregon. 1.8 "Mortgage"and"Mortgagee"mean, respectively,a recorded mortgage,trust deed, or contract of sale and the holder, beneficiary, or vendor of such instrument. 1.9 "Owner" means the person or persons owning any Lot (including the holder of a vendee's interest under a land sale contract, unless otherwise stated in the contract), but does not include a tenant or holder of a leasehold interest or a person holding only a security interest in a Lot (including the holder of a vendor's interest under a land sale contract, unless otherwise stated in the contract). 1.10 "Property" means the plat of Cappoen Estates recorded in Plat Book , Page , Plat Records of Washington County, Oregon. 1.11 Incorporation By Reference. Except as otherwise provided in these Bylaws, each of the terms used herein shall have the meanings set forth in ORS 65.001 (Oregon Nonprofit Corporation Act) in such section unless the context clearly indicates a different meaning. ARTICLE II PLAN OF OWNERSHIP; DEFINITIONS 2.1 Name and Location. These are the Bylaws of Cappoen Estates Homeowners Association. Cappoen Estates is a subdivision located in Washington County, Oregon. 2.2 Purposes. The Association is formed pursuant to the Declaration to serve as the means through which the Owners may take action with regard to administration, management, and operation of the Property and maintenance of a private street. Page 2 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION 2.3 Powers and Duties. The Association shall have such powers and duties as may be granted to it by the Oregon Nonprofit Corporation Act and all successor statutes to that Act, together with such additional powers and duties afforded by the Declaration, these Bylaws and the Articles of Incorporation, together with the private street agreements herein. 2.4 Applicability of Bylaws.The Association and all Owners and all persons using the Property shall be subject to these Bylaws and to all rules and regulations which may be promulgated hereunder. 2.5 Composition of the Association.The Association shall be composed of all the Lot Owners in the Property and the Association, itself, to the extent it owns any Lot or Lots in the Property. 2.6 Incorporation. (a) The Association shall be incorporated under the Oregon Nonprofit Corporation Act. The Articles of Incorporation shall be consistent with the Declaration and these Bylaws. (b) In the event the Association shall at any time be dissolved by any means, it shall automatically be succeeded by an unincorporated association of the same name, and all of the property, powers and obligations of the incorporated association existing immediately prior to its dissolution shall automatically vest in the successor unincorporated Association. To the greatest extent possible, any such successor unincorporated association shall be governed by the Articles of Incorporation and Bylaws of the incorporated association as if they had been made to constitute the governing documents of the unincorporated association unless the Declaration is terminated as provided in Article 4 of the Declaration. ARTICLE III VOTING 3.1 Voting. Each Lot whose owners are not in arrearage as to homeowners dues and assessments, as well as street maintenance obligations, shall be allocated one vote in the affairs of the Association as provided Article II of the Declaration. The Board of Directors shall be entitled to vote on behalf of any Lot which has been acquired by or on behalf of the Association, except the Board of Directors shall not be entitled to vote such Lots in any election of directors. 3.2 Determination of Membership in the Association. (a) Upon recording of a conveyance or contract to convey a Lot, the grantee or purchaser named in the conveyance or contract shall automatically be a member of the Association and shall remain a member of the Association until such time as the person's ownership ceases for any reason. The rights, obligations and other entitlements granted to or imposed upon an Owner commence upon acquisition of the ownership of a Lot and terminate upon disposition of ownership,but termination of ownership shall not discharge an Owner from any obligations incurred prior to termination. (b) Ownership shall be determined,for all purposes of the Declaration and these Bylaws, and the administration of the Property, from the record of ownership maintained by the Association. The record shall be established by the Owner filing with the Association a copy of the Page 3 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION deed or land sale contract for the Lot,to which shall be affixed the certificate of the recording officer of Washington County, Oregon, showing the date and place of recording of the deed or contract. 3.3 Proxies, Absentee Ballots and Rights of Mortgagees. (a) Proxies (1) A vote may be cast in person or by proxy.A proxy given by an Owner to any person who represents the Owner at meetings of the Association shall be in writing, dated and signed by such Owner and shall be filed with the secretary in accordance with procedures adopted by resolution of the Board of Directors. (b) Absentee Ballots. At the discretion of the Board of Directors, a vote may be cast by absentee ballot. (c) Mortgage Rights. (1) An Owner may pledge or assign the Owner's voting rights to a Mortgagee or a Mortgagee may hold some rights as a result of a completed foreclosure action against the prior lot owner. In such a cases, the Mortgagee or its designated representative shall be entitled to receive all notices to which the Owner is entitled hereunder and to exercise the Owner's voting rights from and after the time that the Mortgagee shall have given written notice of the pledge or assignment to the Board of Directors. 3.4 Fiduciaries and Joint Owners. (a) Fiduciaries. An executor, administrator, guardian, or trustee may vote in person or by proxy,at any meeting of the Association with respect to any Lot owned or held in such capacity; provided, that the person shall satisfy the secretary that he or she is the executor, administrator, guardian, or trustee holding the Lot in such capacity. (b) Joint Owners. Each lot is entitled to one vote. Whenever any Lot is owned by two or more persons jointly,according to the records of the Association,the vote of the Lot may be exercised by any one of the Owners then present, in the absence of protest by a co-owner. In the event of a protest, no one co-owner shall be entitled to vote without the approval of all co-owners. In the event of disagreement among the co-owners, the vote of the Lot shall be disregarded completely in determining the proportion of votes given with respect to the matter. 3.5 Quorum Owners. (a) At any meeting of the Association, Owners holding fifty percent(50%)of the voting rights, present in person or by proxy, or absentee ballot if permitted under Section 3.3(b) above, shall constitute a quorum. (b) The subsequent ratification of an Owner, in the action taken at a meeting shall constitute the presence of the person for the purpose of determining a quorum. When a quorum is once present to organize a meeting it cannot be broken by the subsequent withdrawal of an Owner or Owners. (c) If any meeting of members cannot be organized because of a lack of quorum,the members who are present,either in person or by proxy, may adjourn the meeting from time to time until a quorum is present. The adjournment provisions of this subsection (c) do not apply to action by written ballot in lieu of a meeting under Section 4.7 below. Page 4 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION 3.6 Binding Vote.The vote of the holders of more than fifty percent(50%)of the voting rights present, in person or by proxy or absentee ballot if permitted under Section 3.3(b) above, at a meeting at which a quorum is constituted shall be binding upon all s for all purposes except where a higher percentage vote is required by law, the Declaration, or these Bylaws. ARTICLE IV MEETINGS OF THE ASSOCIATION 4.1 Place of Meeting. The Association shall hold meetings at such suitable place convenient to the Owners as may be designated by the Board of Directors from time to time. 4.2 Annual Meetings. The Association shall hold at least one meeting of the Owners each calender year. The annual meetings of the Association shall be held on or about March 1st of each year at such hour as the president may designate, or if the president should fail to designate a date by the January 3151 of each year, then such meeting shall be held on March 15th of each year. The annual meetings shall be for the purpose of electing directors and for the transaction of such other business as may properly come before the meeting. 4.3 Special Meetings. Special meetings of the Association may be called by the president or secretary or by a majority of the Board of Directors and must be called by such officers upon receipt of a written request from at least thirty percent (30%) of the Owners stating the purpose of the meeting. Business transacted at a special meeting shall be confined to the purposes stated in the notice. 4.4 Notice of Meetings. (a) Notice of all meetings of the Association stating the date,time and place and the objects for which the meeting is being called, shall be given by the president or secretary. All notices shall be in writing and mailed to each Owner at his or her address as it appears on the books of the Association and to any first mortgagee requesting such notice in writing not less than ten (10) days nor more than thirty (30) days prior to the date of the meeting, except as otherwise provided in the Declaration. (b) Proof of such mailing shall be made in writing by the person giving the notice. (c) Notice of the meetings may be waived by any Owner before or after meetings. (d) When a meeting is adjourned for less than thirty (30) days, no notice of the adjourned meeting need be given other than by announcement at the meeting at which the adjournment takes place. 4.5 Order of Business. The order of business at annual meetings of the Association shall be: (a) Calling of the roll and certifying of proxies; (b) Proof of notice of meeting or waiver of notice; (c) Reading of minutes of preceding meeting; Page 5 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION (d) Reports of officers; (e) Financial report; (f) Report of Architectural Control Committee (g) Election of directors; (h) Unfinished business; (i) New business; including a call for new business from the floor (j) Adjournment. 4.6 Meeting Procedure. Meeting of the Association shall be conducted according to the latest edition of Robert's Rules of Order published by the Robert's Rules Association. 4.7 Action Without a Meeting. (a) Any action that may be taken by Owners, including action at any annual, regular or special meeting of the Association, may be taken without a meeting if the action is taken by all of the Owners entitled to vote on the action or by all Owners who will be bound by the action. (b) The action must be evidenced by one or more written consents describing the action taken, signed by all of the Owners entitled to vote on the action or who will be bound by the action, and delivered to the Association for inclusion in the minutes or filing with the Association records. (c) Action taken under this section is effective when the last Owner to be bound signs the consent, unless the consent specifies an earlier or later effective date. If the action would otherwise be taken at a meeting, a consent signed under this section has the effect of a meeting vote and may be described as such in any document. ARTICLE V BOARD OF DIRECTORS 5.1 Number and Qualification. (a) Number. The affairs of the Association shall be governed by a Board of Directors composed of three (3) directors as provided in Section 5.2 below. (b) Qualifications. All directors shall be an Owner or the co-owner of a Lot. However, multiple Owners of the same Lot may not serve as directors simultaneously. An officer or employee of a corporation, a partner of a partnership, a trustee of a trust, a personal representative of an estate or an employee of a trust or estate, may serve on the Board if the corporation, partnership, trust or estate owns a Lot. Page 6 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION 5.2 Election and Term of Office. (a) Election. At the Annual Meeting held in accordance with Section 4.2 above, at which a quorum is present, three (3) directors shall be elected by a majority of the Owners present in person or by proxy or absentee ballot if permitted under Section 3.3(b) above. (b) Term. Directors shall hold office for a term of two (2) years or until their respective successors have been elected by the Owners. Election shall be by plurality. 5.3 Vacancies. Vacancies on the Board of Directors, caused by any reason other than the removal of director by a vote of the Association pursuant to Section 5.4 below, shall be filled for the balance of the term of each directorship by vote of a majority of the remaining directors even though they may constitute less than a quorum. Each person so elected shall be a director until a successor is elected upon expiration of the term for which such person was elected by the other directors to serve. 5.4 Removal of Directors. At any annual or special meeting, other than a meeting by written ballot conducted pursuant to Section 4.8 above, any one or more of the directors may be removed, with or without cause, by a majority of the Owners present in person or by proxy, at a duly constituted meeting and a successor may be elected at that meeting or at any other duly constituted meeting of the Association to fill the vacancy thus created. The notice of any such meeting shall state that the removal is to be considered. Any director whose removal has been proposed by the Owners may be given an opportunity to be heard at the meeting. 5.5 Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association as provided in Article N of the Declaration. 5.6 Other Duties. In addition to duties imposed by the Declaration, these Bylaws, resolutions of the Association, the Oregon Nonprofit Corporation Act or other applicable law, the Board of Directors shall have authority to carry out and be responsible for the following matters: (a) Association Accounts. Establishing and maintaining the bank account described in Section 7.3 below. (b) Assessment Collection. Imposition and collection of assessments authorized under Article III, Section 8, of the Declaration. (c) Voucher System. If expenditures are authorized under the Declaration, institution and maintenance of a voucher system for payment of expenses, which shall require a sufficient number of signatories thereon as may be reasonably necessary to prevent any misuse of the Association's funds. (d) Financial Statement. The preparation and distribution of annual financial statement to each Owner if required under Section 9.4 below. The fiscal year shall be January 1 through December 31. (e) Annual Report. The filing of the Annual Report with the Oregon Secretary of State in accordance with ORS chapter 65. Page 7 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION (f) Income Tax Return. Preparation or causing to be prepared and filed any required income tax returns or forms. (g) Appointment of Committees. Establishment of such committees and appointment of members thereof pursuant to a resolution of the Board of Directors, as the Board in its sole judgement deem necessary or appropriate to assist the Board in its duties. 5.8 Organizational Meeting. (a) Location, Date and Time. The first meeting of a newly elected Board of Directors shall be held within ten (10)days of election at such place,date and time as shall be fixed by the directors at the meeting at which the directors were elected and no notice shall be necessary to Owners or to the newly elected directors in order to legally hold the meeting providing a majority of the elected directors are present. (b) Procedure and Business. Until the election of new officers,the meeting shall be chaired by the outgoing president, or in the absence of such person, the outgoing secretary, regardless of whether the outgoing president or secretary is as member of the newly constituted board. At the organizational meeting,the Board of Directors shall elect officers in accordance with Section 6.2 below and may conduct any other Association business. 5.9 Regular and Special Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the directors. Special meetings of the Board of Directors may be called by the president or secretary or on the written request of at least two(2) Directors. Notice of any regular or special meeting shall be given to each director, personally or by mail, including electronic mail if approved by the Board, telephone, or telegraph at least ten (10) days prior to the day named for the meeting and must state the time, place, and purpose of the meeting. 5.10 Meeting Procedure. Unless other rules of order are adopted by resolution of the Board of Directors: (a) Meeting of the Board of Directors shall be conducted according to the last edition of Robert's Rules of Order published by the Robert's Rules Association. (b) A decision of the Board of Directors may not be challenged because the appropriate rules of order were not used unless a person entitled to be heard was denied the right to be heard and raised an objection at the meeting in which the right to be heard was denied. (c) A decision of the Board of Directors is deemed valid without regard to procedural errors related to the rules of order one year after the decision is made unless the error appears on the face of a written instrument memorializing the decision. 5.11 Open Meetings; Executive Sessions. (a) Open Meetings. Except as provided in Subsection (b) of this section, all meetings of the Board of Directors shall be open to Lot Owners. However, no Owner shall have a right to participate in the Board of Directors meeting unless the Owner is also a member of the Board. The president shall have the authority to exclude an Owner who disrupts the proceedings at a Board meeting. Page 8 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION (b) Executive Sessions. In the discretion of the Board,the following matters may be considered in executive session: (1) Consultation with legal counsel concerning the rights and duties of the Association regarding existing or potential litigation or criminal matters; discipline; (2) Personnel matters, including salary negotiations and employee (3) Negotiation of contracts with third parties; and (4) Collection of unpaid assessments. (c) Executive Session Procedure. (1) Except in the case of an emergency,the Board of Directors shall vote in an open meeting whether to meet in executive session. If the Board votes to meet in executive session, the president or other presiding officer shall state the general nature of the action to be considered and, as precisely as possible, when and under what circumstances the deliberations can be disclosed to Owners. The statement, motion or decision to meet in executive session must be included in the minutes of the meeting. (2) A contract or an action considered in executive session does not become effective unless the Board, following the executive session, reconvenes in open meeting and votes on the contract or action, which must be reasonably identified in the open meeting and included in the minutes. 5.12 Meetings by Telephonic or Electronic Communication. In the case of an emergency, meetings of the Board of Directors may be conducted by telephonic communication or by the use of a means of communication that allows all members of the Board of Directors participating to hear each other simultaneously or otherwise to be able to communicate during the meeting. 5.13 Notice to Owners of Meetings of Board. For other than emergency meetings, notice of each Board of Directors meeting must be given to any Owner who has requested in writing to be given notice of meetings of the Board. Notice to Owners shall be as provided under Section 5.9 above. 5.14 Waiver of Notice. Any director may, at anytime, waive notice of any meeting of the Board of Directors in writing, and the waiver shall be deemed equivalent to the giving of the notice. Attendance by a director at any meeting of the board shall constitute a waiver of notice by the director, except where the director attends the meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. If all directors are present at any meeting of the board, no notice to directors shall be required and any business may be transacted at the meeting. 5.15 Quorum and Acts. At all meetings of the Board of Directors a majority of the existing directors shall constitute a quorum for the transaction of business and the acts of the majority of the directors present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, there be less than a quorum present, the majority of those present may Page 9 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION adjourn the meeting from time to time. At any such adjourned meeting any business which might have been transacted at the meeting as originally called may be transacted without further notice. 5.16 Compensation of Directors. No director maybe compensated in any manner, except for out-of-pocket expenses, unless the compensation is approved by a binding vote of the Owners. 5.17 Standards of Conduct. In the performance of their duties, members of the Board of Directors shall be governed by ORS 65.357, 65.361 and 65.369. 5.18 Liability and Indemnification of Directors, Officers, Manager, or Managing Agent. (a) The directors and officers shall not be liable to the Association for any mistake of judgment, negligence, or otherwise, except for their own willful misconduct or bad faith. (b) The Association shall indemnify and hold harmless each director and officer and the manager or managing agent, if any, against all contractual liability to others arising out of contracts made by the Board of Directors, officers, manager, or managing agent on behalf of the Association unless any such contract shall have been made in bad faith or contrary to the provisions of the Declaration or of these Bylaws. (c) Each director and officer and the manager or managing agent, if any, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees reasonably incurred or imposed upon them in connection with any proceeding to which they may be a party or which they may become involved, by reason of being or having been a director, officer, manager or managing agent and shall be indemnified upon any reasonable settlement thereof, provided, however, there shall be no indemnity if the director, officer, manager, or managing agent is adjudged guilty of willful nonfeasance, misfeasance, or malfeasance in the performance of his or her duties. 5.19 Fidelity Bond. The Board of Directors may require any person or entity, including, but not limited to, employees of any professional manager who handles or is responsible for Association funds, to furnish such fidelity bond as the Board of Directors deem adequate. The premiums on such bonds shall be paid by the Association. ARTICLE VI OFFICERS 6.1 Designation and Qualification. The principal officers of the Association shall be a president, a secretary, and a treasurer, all of whom shall be Owners or co-owners. The directors may designate the office of assistant treasurer, assistant secretary, or any such other office as in their judgment may be necessary. The Board may vote to combine the offices of secretary and treasurer. The president shall be a member of the Board of Directors, but the other officers need not be directors or Owners. 6.2 Election and Vacancies. The officers of the Association may be elected by the Board of Directors at the organizational meeting of each new board held in accordance with Section 5.8 above or any Board of Directors' meeting thereafter to serve until their respective successors are elected at the next organizational meeting. If any office becomes vacant by reason of death, Page 10 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION resignation, removal disqualification or any other cause, the Board of Directors shall elect a successor to fill the unexpired term at any meeting of the Board of Directors. 6.3 Removal of Officers. Officers shall hold office at the pleasure of the Board of Directors. Upon an affirmative vote of a majority of the members of the Board of Directors any officer may be removed, either with or without cause. 6.4 President. The president shall be the chief executive officer of the Association. He or she shall preside at all meetings of the Association and of the Board of Directors. The president shall have all of the general powers and duties which are usually vested in the office of president of an association. 6.5 Secretary. The secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the Association, have charge of such books and papers as the Board of Directors may direct, and in general, perform all the duties incident to the office of secretary. 6.6 Treasurer. The treasurer shall have responsibility for the Association's funds and securities not otherwise held by a managing agent, and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. The treasurer shall be responsible for the deposit of all monies and other valuable effects in the name and to the credit of the Association in such depositories as may, from time to time, be designated by the Board of Directors. 6.7 Directors as Officers. Any director may be an officer of the Association. 6.8 Compensation of Officers. No officer who is a member of the Board of Directors may receive any compensation from the Association for acting as an officer, unless the compensation is authorized by a binding vote of the Owners. The Board of Directors may fix any compensation to be paid to any officers who are not also directors. 6.9 Standards of Conduct. In the performance of their duties, officers shall be governed by ORS 65.377. ARTICLE VII ASSESSMENTS 7.1 Budget. The Board of Directors shall have no power to assess charges against Owners of a Lot except as set forth in Article III, Section 8, of the Declarations, regarding annual assessments and the costs of maintaining the private street adjacent to Lots 3,4, 5 and 6, and cost assessed by Clean Water for annual services to the subdivision rather than individual lot owners. The Board of Directors may, from time to time prepare a budget for the Association and present the budget to the Owners as provided in Section 7.2 below. 7.2 The Association shall,periodically,inspect the private street in this subdivision and determine the nature and extent of work, services, and materials required to reasonably maintain the private street. Each of the homeowners of Lots 3,4, 5, and 6 shall be given notice of pending work, services, and materials necessary to maintain the private street, and the cost to be borne equally Page 11 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION by each of said lots. Thirty (30) days following notice of pending street maintenance and costs thereof, the Association shall schedule a special meeting for those owners of Lots 3, 4, 5 and 6 to receive written or oral communication regarding intended street maintenance. Following such meeting, a vote shall be taken as regards the street maintenance and costs thereof. The Homeowners Association shall cause such work services and materials as are approved at this special meeting to be contracted, and the costs assessed to Lots 3, 4, 5 and 6 equally. A statement for such costs shall be sent to each lot owner. If an assessment is not paid within thirty (30) days of this statement,the Association shall send Notice of Delinquency to the lot owner and proceed to collect such sum, and all expenses incurred by the Association collecting such unpaid costs of street maintenance, including attorney's fees whether or not suit is initiated, and at trial or a appeal therefrom shall be paid by the property owner against whom suit or action is directed. Further, the Board of Directors shall have the right and duty to recover for the Association such expense together with charges, interest, and expenses of the proceeding, including attorney's fees,on any suit or action brought against the property owner or by foreclosure of a lien upon the property. The Homeowners' Association shall have the right to exert a lien against the property on which unpaid expenses for street maintenance exist for a period in excess of thirty (30) days from the date of notice by the Homeowners' Association to the homeowner of the defaulted property. This lien shall be prior in right to the homestead exemption. 7.3 Proposed Budget; Assessments. At any meeting of the Association, or by action pursuant to Section 4.8 above, Owners may adopt a budget proposed by the Board of Directors or otherwise approve or consent to incur costs as provided in Article IV of the Declaration. With the consent of the Owner, the Board may assess a Lot for the authorized expenses. 7.4 Association Accounts. All assessments shall be deposited in a separate bank account, located within this state, in the name of the Association. All expenses of the Association shall be paid from the Association bank account. 7.5 Budget Summary and Statement of Assessments and Budget Summary. The Board shall promptly provide any Owner(and Owner's Mortgagee)who makes a request in writing with a written statement of the Owner's unpaid assessments or with a copy of any adopted budget. ARTICLE VIII AMENDMENTS TO THE BYLAWS 8.1 How Proposed.Amendments to the Bylaws shall be proposed by either a majority of the Board of Directors or by Owners of at least thirty percent (30%) of the Lots. The proposed amendment must be reduced to writing and must be included in the notice of any meeting at which action is to be taken thereon. 8.2 Adoption. Amendments may be approved by the Association at a duly constituted meeting or meeting by written ballot in lieu of a meeting conducted pursuant to Section 4.8 above for such purpose. A vote of the Owners of at least a majority of the Lots is required for approval of any amendment. 8.3 Execution and Recording. An amendment shall not be effective until certified by the president and secretary of the Association as being adopted in accordance with these Bylaws, acknowledged and recorded in the Records of Washington County, Oregon. Page 12 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION ARTICLE IX RECORDS AND AUDITS The Association shall maintain within the State of Oregon all documents, information and other records of the Association in accordance with ORS 94.640 in the manner prescribed by a resolution adopted by the Board of Directors. 9.1 General Records. (a) The Board of Directors shall keep detailed records of the actions of the Board of Directors; minutes of the meetings of the Board of Directors; and minutes of the meeting of the Association. (b) The Board of Directors shall maintain a Book of Resolutions containing the rules, regulations, and policies adopted by the Association and Board of Directors. (c) The Board of Directors shall maintain a list of Owners and a list of all Mortgagees of Lots. (d) The Association shall retain within this state all records of the Association for not less than the period specified in ORS 65.771 or any other applicable law,except that proxies and ballots must be retained for one year from the date of determination of the vote. 9.2 Records of Receipts and Expenditures. The Board of Directors or its designee shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the Property, itemizing expenses incurred. 9.3 Assessment Roll. If assessments are imposed as provided in Article of the Declaration, an assessment roll shall be maintained in a set of accounting books in which there shall be an account for each Lot. The account shall designate the Lot number, the name and address of the Owner or Owners, the amount of each assessment against the Owners, the dates and amounts in which the assessment comes due, the amounts paid upon the account, and the balance due on the assessments. 9.4 Financial Reports and Audits. If expenditures have been authorized under Article III of the Declaration, an annual report of the receipts and expenditures of the Association and a balance sheet showing assets and liabilities shall be rendered by the Board of Directors to all Owners and to all mortgagees of Lots who have requested the same in writing within ninety (90) days after the end of each fiscal year. At any time any Owner or mortgagee may, at such Owner's or Mortgagees own expense, cause an audit or inspection to be made of the books and records of the Association. 9.5 Inspection of Records by Owners. (a) All records of the Association shall be reasonably available for examination by an Owner and any Mortgagee of a Lot pursuant to rules adopted by resolution of the Board of Directors. (b) The Board of Directors shall maintain a copy, suitable for the purposes of duplication, of the following: Page 13 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION (1) The Declaration, Bylaws and any amendments in effect or supplements thereto, and rules and regulations of the Association; (2) The most recent financial statement, if any. (3) The current operating budget of the Association, if any. (c) The Association, within ten (10) business days after receipt of a written request by an Owner, shall furnish the requested information required to be maintained under Subsection (b) of this section. (d) The Board of Directors,by resolution,may adopt reasonable rules governing the frequency, time, location, notice and manner of examination and duplication of Association records and the imposition of a reasonable fee for furnishing copies of any documents, information or records described in this section. The fee may include reasonable personnel costs incurred to furnish the information. 9.6 Notice of Sale or Mortgage. Immediately upon the sale or Mortgage of any Lot,the Owner shall promptly inform the secretary (or other person designated by the Board) of the name and address of the purchaser, vendee or Mortgagee. ARTICLE X MISCELLANEOUS 10.1 Notices. (a) Association. All notices to the Association or the Board of Directors shall be sent to the principal place of business of the Association indicated in the records for the Association filed pursuant to ORS Chapter 65 or to such other address as the Board of Directors may hereafter designate from time to time. (b) Owners. (1) Except as otherwise provided in the Declaration,these Bylaws or law, all notices to any Owner shall be sent to such address as may have been designated by him or her, from time to time, in writing to the Board of Directors, or if no address has been designated, then to the Owner's Lot. (2) If a Lot is Jointly owned or the Lot has been sold under a land sale contract, notice shall be sent to a single address, of which the secretary has been notified in writing by such parties. If no address has been given to the secretary in writing, then mailing to the Lot shall be sufficient. 10.2 Waiver, Precedent and Estoppel. No restriction,condition,obligation,or provision contained in these Bylaws or rules and regulations adopted pursuant hereto shall be deemed to have been abrogated or waived by the Association by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur and any failure to enforce the same shall not be deemed to constitute precedent or estoppel impairing the right of the Association as to any similar matter. Page 14 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION 10.3 Invalidity; Number; Captions. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity, enforceability, or effect of the balance of these Bylaws. As used herein, the singular shall include the plural and the plural the singular. The masculine and neuter shall each include the masculine,feminine, and neuter, as the context requires.All captions used herein are intended solely for convenience of reference and shall in no way limit any of the provisions of these Bylaws. CERTIFICATION The undersigned President and Secretary of Cappoen Estates Homeowners Association hereby certify that the within Bylaws of Cappoen Estates Homeowners Association have been adopted by the owners as provided in Article IV of the Declaration. CAPPOEN ESTATES HOMEOWNERS ASSOCIATION By: , President By: , Secretary STATE OF OREGON ss County of The foregoing instrument was acknowledged before me this day of 2005, by and President and Secretary, respectively,of Cappoen Estates Homeowners Association,on its behalf. Notary Public for Oregon My Commission Expires: Page 15 - BYLAWS OF CAPPOEN ESTATES HOMEOWNERS ASSOCIATION