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MLP2008-00007 EXPIRED MLP2008 -00007 AGNESSE PARTITION r • NOTICF, OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2008-00007 II is AGNE SSE PARTITION 120 DAYS =12/13/2008 SECTION I. APPLICATION SUMMARY I FILE NAME: AGNESSE PARTITION CASE NOS: Minor Land Partition(MLP) MLP2008-00007 Adjustment (VAR) VAR2008-00023 PROPOSAL: The applicant is requesting approval to partition an approximately .49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel 2 is proposed to be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests approval for an Adjustment to use existing trees as street trees. APPLICANT/ Philippe Agnesse APPLICANT'S Harris-McMonagle Associates,Inc. OWNER P.O.Box 230635 REP: Attn: Steve Bloomquist Tigard, OR 97281 8740 SW Scoffins Street Tigard, OR 97223 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: 11640 SW 95th Avenue;Washington County Tax Map 1S135DC,Tax Lot 03300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 1 OF 20 • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting ocuments and/or plans that address the following requirements to the C;[TEZRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to final plat approval, the applicant shall submit a tree and landscape protection plan that clearly identifies existing trees and major vegetation to remain (both on and off-site),and the methods that will be used to protect them. The tree and landscape protection plan shall include a signature of approval from the project arborist. 2. Prior to final plat approval, the applicant shall submit a revised street tree plan consistent with the City Arborist's comments on tree species, location, and spacing and include a note on the plans to the effect that slight variations in placement may be required due to driveways,utilities,etc., but every attempt will be made to keep the same net number of street trees that ate shown on the plans. 3. Prior to final plat approval, the applicant shall submit a landscape plan showing a six-foot screen along the southern property line in accordance with Section 18.745.050. 4. The applicant shall submit a revised preliminary plat showing the visual clearance areas as determined in Section 18.795.040, where the area is described as a triangle 30-feet deep along the centerline of the access way and 30 feet each side of the centerline along the right-of-way line. 5. Prior to final plat approval for Parcel 2,the applicant/owner shall record a deed restrictions for each lot to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. The applicant shall prepare a cover letter and submit it, along with any supporting. documents and/or plans that address the blowing requirements to the ENGINEERING -D EPARTMENT, ATTN: -HIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 6. A Public Facility Improvement (PFI permit is required for this project to cover utility laterals and any other work in the public rght-of-way. Six 6 sets of detailed public improvement plans shall be submitted for review to the Engineering Department. N TE: these plans are in addition to any drawings required by the Buil Division d should only include sheets relevant public improvements.yPubli Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 7. The PH permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designates "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. 8. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. 9. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). 10. Prior to final plat approval,the applicant shall plant street trees along the frontage of SW 95th Avenue. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTTTION PAGE 2 OF 20 11. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW 95th Avenue adjacent to the subject property,when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, G when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property,or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 12. The applicant shall obtain approval from the City of Tigard for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. A plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the Public Facility Improvement (PFI) permit drawings for review and approval. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 13. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network(GC 22) as recorded in Washington County survey records. TThhese 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. 14. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians,at (503) 639-4171,ext.2421). C The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. D. 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. E. After the City and County have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall repare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 15. Prior to any site work, the applicant shall ensure all proposed tree protection fencing is installed and inspected by the City Arborist.Fencing shall remain in place through the duration of home building. After approval from the City Arborist,the tree protection measures may be removed. NOTICE OF DEQSION MLP2008-00007/AGNESSE PARTITION PAGE 3 OF 20 • 16. The applicant shall protect all trees and major vegetation to be retained with five or six 5'- 6') foot high chain link fences. Fences are to be mounted on major inch diameter galvanized iron posts,driven into the ground to a g P . .� g depth of at least 2-feet at no more than 10-foot spacing. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the (ity Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are perfo ._adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 17. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arbonst may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. This note shall be included on the Tree Protection Plan. 18. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone ('IIPZ) fencing installation through the building construction phase. The reports shall evaluate the condition and location of the tree protection fencing_, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced then the Project Arbonst shall certify that the construction activities did not adversely impact the overall,long-term health and stability of the tree(s). If the reports are not submitted to the City Arbonst at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the Qty Arborist and the Project Arborist. 19. Prior to issuance of building permits, the applicant or builder shall submit site plan drawings indicating_the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing,and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the structures. All proposed protection fencing shall be installed and inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. 20. Prior to issuance of building permits,the applicant shall demonstrate the building height and setbacks for Parcel 2 are consistent with Section 18.730.020.. 21. Prior to issuance of building permits,the applicant shall submit a letter to the City from Tualatin Valley Fire & Rescue (TVF&R) demonstrating that the existing fire hydrant is capable of providing the necessary fire flow demand. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: M MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 22. Prior to issuance of building permits,the applicant shall provide the Engineering Department with a paper copy of the recorded final plat. 23. The City Engineer may determine the necessity for,and require submittal and approval of,a construction access an. d_parkirng plan for the home building phase. If the QtyEngineer deems such a plan necessary,the applicant shall provide the plan prior to issuance of building permits. 24. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City,and provide a one-year maintenance assurance for said improvements. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 4 OF 20 F 25. The applicant shall either place the existiN overhead utility lines along SW 95th Avenue underground as a part of this project,or they shall contact Mike McCarthy to determine if they will be allowed to paythe fee in-lieu of unde rounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is allowed, the amount will be $3,144 and it shall be paid prior to issuance of building permits. 26. During issuance of the building permit for Parcel 2,the applicant shall pay the standard water quality and water quantity fees per lot(fee amounts will be the latest approved by Clean Water Services (CWS). PRIOR TO FINAL INSPECTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address address fllwing requirements to the CURRENT PLANNING DIVISION, ATTN: pGary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 27. Prior to final inspection for Parcel 2,the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. 28. Prior to final inspection for Parcel 2, a legible address shall be placed at the foot of the drive leading to the residence. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Property History: The subject site consists of a single lot located within the City of Tigard. The property is des' ted Low-Density Residential on the Tigard Comprehensive Plan Map. The subject lot was developed with a singe-family dwelling in 1946. No land use approvals were found on file. Site Information and Proposal Description The subject parcel is zoned R-4.5 and is surrounded by land zoned R-4.5. The applicant is requesting approval to partition an approximately.49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel 2 is proposed to be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests an adjustment to use existing trees as street trees on SW 95th Avenue. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. One written comment was received from neighbors Paul and subject Kane in which they express concern for the safety of their house with respect to an oak tree m the vicinity of the proposed access for Parcel 2. They also request a 6-foot cyclone privacy fence along the property line/easement. RESPONSE: The aborist report submitted with the applicant's application lists the subject Oregon White Oak (# 1560) as 40 inches in diameter and in good condition. The applicant will be required to pave the access drive to the proposed Parcel 2 which is within two feet of the tree. The applicant will be required (Condition# 1) to provide tree protection measures during construction to prevent injury to the oak. Condition #3 requires 6-foot screening for privacy when the access way is within 10 feet of an adjacent property. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 5 OF 20 SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Variances and Adjustments (18.370): Adjustments to landscaping requirements (Chapter 18.745). Adjustment to use existing trees as street trees. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the use of existing trees to meet the street tree requirements in-Section 18.745.030 providing there has been no cutting and filling around the tree during construction which may lead to its loss, unless the following can be demonstrated_ (1) The ground within the drip-line is altered merely for drainage purposes; and (2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. The applicant proposes using two existing 40-inch caliper Oregon White Oak trees numbered 1559 through 1560 on the Tree Protection Plan (Sheet 4 of 61 along the 95th Avenue frontage and the access for proposed Parcel 2 to partially meet the street tree requirement. The City Arborist recommends granting the adjustment and the City Development Review Engineer finds no conflicts with potential street improvements. Therefore, the trees are eligible for the adjustment and may be approved. To date, no site work has occurred to disturb the trees. The applicant will be required to implement tree protection measures during development as a condition of approval of this land use decision, consistent with this standard. Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: 1 If the location of a proposed tree would cause potential problems with existing utility lines; 2 If the tree would cause visual clearance problems; or 3 If there is not adequate space in which to plant street trees. The City's Development Review Engineer has found that the existing trees would not cause any potential problems with existing utility lines. Any conflicts will be addressed by the applicant's arborist at the time of development. The existing trees are located outside of the visual clearance area for the Parcel 2 access on SW 95th Avenue. The trees proposed for use as street trees are variously spaced leaving room for approximately three additional trees,pursuant to the street tree spacing standards in 18.745.040.0. FINDING: The proposed existing trees meet the applicable street tree adjustment criteria,as shown above. Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within t nis administrative decision and through the imposition of conditions of development approval. Provided all necessary conditions are satisfied as part of the development and building process,this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, staff finds that adequate public facilities are availaple to serve the proposal. Therefore,this critenon is met. All proposed improvements meet City and applicable agency standards; and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.81-0 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the ermit process and during construction, at which time the appropriate review authority will ensure that City and-applicable agency standards are met. Based on the analysis in this decision,Staff finds that this criterion is met. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 6 OF 20 All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcels 1 and 2 are 75 feet and 90 feet in width,respectively. Therefore,this criterion has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot,the accessway may not be included in the lot area. The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached single-family units. The proposed partition creates two lots (not including the accessway) that are 8,979 square feet and 10,615 square feet.Therefore,this cnterion has been met. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. The proposed partition plat (Sheet 3 of 6) illustrates that the proposed parcels meet this standard as Parcel 1 has 75 feet on SW 95 Avenue and-Parcel 2 has a 15-foot access through an access easement on SW 95 Avenue. Setbacks shall be as required by the applicable zoning district. Setbacks for the R-4.5 zoning district are as follows: front = 20 feet; side = 5 feet, flag lot side = 10 feet; side on a corner = 15 feet, and rear =15 feet. The applicant has included building envelopes (Sheet 3 of 6) for each parcel demonstrating that the required setbacks could be met. Setback standards for the proposed lots will be reviewed at the time of building permit submittal.Therefore,this criterion is met. When the partitioned lot is a flag lot,the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. A flag lot is proposed for Parcel 2. The building envelopes shown on the preliminary plan identifies the south side as the front with 10 foot side yards to the east and west,consistent with this standard. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed 15-foot access drive for Parcel 2 is shown on the Preliminary Plat (Sheet 3 of 6) as being located within 10 feet of the adjacent property. The applicant's Preliminary Plat includes a note calling for a board on board 6-foot high good neighbor wood fence along the property line consistent with this standard. To ensure this standard is met, the applicant shall submit a revised preliminary plat showing a privacy screen along the southern property line in accordance with Section 18.745.050. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The fire district (`I'VF&R) has reviewed the proposal and provided the following comment: "The minimum available fire flow for sin le-family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structures is (are) 3,600 square feet or larger, the required-fire flow shall be determined according to IFC requAppendix B. I1 C B 105.1 The nearest fire hydrant as shown on the submitted drawings must be able to provide the ired fire flow demand' g P Therefore, as a condition of approval, the applicant shall submit a letter to the City from TVF&R demonstrating that the existing fire hydrant is capable of providing the necessary fire flow demand. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 7 OF 20 • The applicant does not propose any common drives. Therefore,this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705,Access, Egress and Circulation. This standard is addressed under Chapter 18.705 (Access,Egress and Circulation) later in this decision. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The subject lot is located between elevations 204 and 209 feet and is approximately 1,500 feet north of the one-hundred-year floodplain at elevation 155 feet. Therefore,this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. The applicant has applied for an Adjustment to the street tree standard which is being processed concurrently, consistent with this standard. FINDING: The proposed minor land partition meets,or can meet,all of the relevant standards of the land partition section as indicated in the above findings and required in the following conditions of approval. CONDITIONS: • The applicant shall submit a revised landscape plan showing a screen along the southern property line in accordance with Section 18.745.050. The applicant shall submit a letter to the City from TVF&R demonstrating that the existing fire hydrant is capable of providing the necessary fire flow demand. Residential Zoning Districts (18.510): Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2- DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4.5 Parcel 1 Parcel 2 Minimum Lot Size -Detached unit 7,500 sq.ft. 8,979 sq.ft. 10,615 sq.ft. -Duplexes 10,000 sq.ft. -Attached unit Average Minimum Lot Width - Detached unit lots 50 ft. 75 ft. 90 ft. - Duplex lots 90 ft. - Attached unit lots Maximum Lot Coverage - NA NA Minimum Setbacks - Front yard 20 ft. 26 ft. Per - Side facing street on corner&through lots 15 ft. NA Bldg. -Side yard 5 ft. 9/26 ft. Permit -Rear yard 15 ft. 55 ft. Review - Side or rear yard abutting more restrictive zoning district -- -Distance between property line and front of garage 20 ft. -Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. Maximum Height 30 ft. <30 ft. 25 ft. Minimum Landscape Requirement - NA NA NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 8 OF 20 FINDING: The proposed lots meet the applicable development standards for the R-4.5 zone. One flag lot is proposed for Parcel 2. This lot will be subject to the Building Heights and Flag Lots standards (p18.730.020.Q, which are addressed below in the Exceptions to Development Standards section of this decision. No specific development is proposed at this time. The building envelopes shown on the Preliminary Plat (Sheet 3 ca 6) indicate the development standards can be met. Any proposed development of the subject lots will be reviewed for consistency at the time of building permit application. Access,Egress and Circulation 18.705): Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. The standards of this chapter will be a continuing obligation on the owners of these parcels. 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 proposes to retain the existing driveway for the existing house and to provide an additional driveway for the second lot. Both driveways provide access to SW 95th Avenue, a local street. 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�e 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 95th Avenue is classified as a local street. Therefore,this criterion does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets alon g an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The property is not located on a collector or arterial and is not constructing a local street; therefore this standard does not apply. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or arcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access is not proposed. Access across Parcel 1 for the benefit of Parcel 2 is proposed. An access easement will be required. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. All proposed lots will have direct access onto SW 95th Avenue,consistent with this standard. Minimum access requirements for residential use. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 9 OF 20 Parcel 1 will maintain its existing driveway with direct access to SW 95th Avenue. Parcel 2 is provided access to SW 95th Avenue through an easement across Parcel 1. Comments received from Tualatin Valley Fire and Rescue do not take issue with the proposed access.Therefore,this standard is met. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a) A circular,paved surface having a minimum turn radius measured from center point to outside edge of 35-feet; b) A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%. The length of the access drive to Parcel 2 is shown on the Preliminary Plat as approximately 118 feet. Therefore, this standard does not apply. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions; or rovide inadequate access for emergency vehicles; or cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. SW 95th Avenue is a local street serving a low density residential neighborhood. There is no reason to restrict the location of the proposed driveways.Therefore,this standard does not apply. FINDING: The standards of the Access Management chapter have been satisfied. Density Computations (18.715): A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal descnption of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of-residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80%(0.8). The subject parcel is .49-acres in size. There are no sensitive lands and no dedications for public parks or public or private nghts-of-way for the subject proposal. The applicant proposes .20-acres for Parcel 1 to contain the existing dwelling.-Parcel 2 would then be .29-acres in size, less .04 acres for the access pole of the created flag lot, or 10,890 square eet. The minimum lot size for the R-4.5 zone is 7,500 square feet. Therefore, the maximum additional number of lots is one (10,890 square feet/7,500 square feet/unit = 1.45 units). The minimum number of additional lots, at 80 percent, is one. The proposed partition creates two (2) separate parcels, consistent with the density requirements. FINDING: Based on the analysis above,the Density Computation Standards have been met. Environmental Performance Standards (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. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 10 OF 20 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- 28-0070) 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 ases 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, it is anticipated-that 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. Exceptions To Development Standards (18.730): Building Heights And Flag Lots (18.730.020.C): Limitations on the placement of residential structures on flag lots apply when a flag lot is created after April 15, 1985 by an approved partition. The maximum height for an attached or detached single-family, duplex, or multiple-family residential structure on a flag lot or a lot having sole access from an accessway, private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height maybe 2-1/2 stories or 35 feet,whichever is less, provided: • The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; • A 10 feet side yard will be preserved; • A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and • Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. Where an agreement is made to plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Section 1890.030 D. The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review, for three or more attached units or a multiple-family residential structure, or, at the time of issuance of building permits, for single detached units, one duplex or two attached residential units. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 11 OF 20 FINDING: The applicant has shown in the Preliminary Plat (Sheet 3 of 6) that 10-foot side yards will be preserved on Parcel 2 a flag lot. It appears that Ken's Condos located on the adjacent parcel to the east is within 50 feet from the budding nvelope of Parcel 2. Therefore, the flag lot height limitation may apply to proposed Parcel 2. However, the setbacks must be confirmed at the time of building permit review. To ensure this standard is met, the applicant shall demonstrate the building height is consistent with the Section 18.730.020.E CONDITION: Prior to building permits, the applicant shall demonstrate the building heights and setbacks for Parcel 2 are consistent with Section 18.730.020.E Landscaping and Screening (18.745): Existing vegetation on a site shall a protected as much as possible: 1) The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2) the plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees. The applicant plans on retaining all but one of six trees on the subject parcel. The applicant's Preliminary Grading and Tree Protection Plan (Sheet 4 of 6) shows tree protection fencing for these trees. To ensure tree protection is adequate, the applicant shall submit a revised plan which includes a signature of approval from the project arborist. Street Trees: Section 18.745.040 Section 18.745.040.A: All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040E If existing trees 1559 and 1560 are accepted as street trees,then the applicant is required to plant three additional trees along the private drive and one additional tree along SW 95th Avenue. The applicant's Preliminary Grading and Tree Protection Plan (Sheet 4 of 6) shows appropriate spacing and size of street trees along the private drive. The plan shall be revised to show the additional tree along SW-95t Avenue, as noted on the plan. The proposed spacing would require one small stature tree on the west side of the private drive, and two large stature trees on the east size of the private drive. The City Arborist recommends planting Cascara (Rhamnus purshiana) on the west side of the private drive and Oregon Oaks (Quercus garryana) on the east side of the private drive. Both are native to the Portland area and would complement the existing native trees well. It is acceptable for them to include a note on their street tree lan that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. Buffering and Screening Requirements: Section 18.745.050.5 The proposed land partition occurs on a parcel surrounded by the same land use designation (R-4.5) as the subject parcel. 'Therefore, no buffering or screening pursuant to Section 18.745.050.A is required for the proposed land partition.However,as conditioned above,pnvacy screening is required pursuant to Section 18.420.050.A4.f. FINDING: The landscape and Screening standards have not all been met. However, with conditions of approval requiring protection of existing vegetation and planting of street trees the criteria can be met. CONDITIONS: The applicant shall submit a revised tree and landscape protection plan that clearly identifies existing trees and major vegetation to remain (both on and off-site), and the methods that will be used to protect them. The tree and landscape protection plan shall include a signature of approval from the project arborist. The applicant shall submit a revised street tree plan consistent with the City Arborist's comments on tree species, location, and spacing and include a note on the plans to the effect that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 12 OF 20 Off-Street Parking And Loading Requirements (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. FINDING: The proposed project will create one new lot for single-family construction. Submittals of detailed plans for the construction of a new dwelling 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 fparking requirement for single-family dwellings. Staff notes that there is a 20-foot required setback rom the face of.garages to property lines in all residential zones. Staff finds that with a lot size and setback requirements,ample off-street parking will be available,consistent with this standard. Tree Removal(18.790): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has provided a Tree Assessment dated July 11,2008 and a Preliminary Grading and Tree Protection plan (Sheet 4 of 6) by Kay Kinyon,a certified arborist. The Assessment and Plan inventory the existing trees on the subject site,those proposed for removal, and indicates root protection zones (RPZ). However,the application did not provide tree protection measures and practices. The report indicates that 1 of 6 regulated trees (over 12" non-hazardous and non-fruit bearing) will be removed. This represents 85% retention. Therefore,the applicant is not required to mitigate. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan,in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall notbe subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. FINDING: Based on the analysis above, the Tree Removal Standards have not all been met. To ensure these standards are met,the applicant shall satisfy the following conditions of approval: CONDITIONS: • The applicant shall protect all trees and major vegetation to be retained with five or six (5' - 6'J foot high chain link fences. Fences are to be mounted on two inch diameter galvanized iron posts, driven into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The applicant s position fencing directed by the ro ect arbonst to protect te trees to be retained. The applicant shall allow access by the (ity Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. • If work is required within an established tree protection zone,the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by_the City Arbonst before proposed work can proceed within a tree protection zone. The City Arborist may require changes prior to approval. The project arbonst shall be on site while work is occumng within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantl impact the health and/or stability of the trees. This note shall be included on the TreeProtection Plan. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 13 OF 20 • Prior to issuance of building permits, the applicant or builder shall submit site plan drawings indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing, and a signature of approval from the project arbonst regarding the placement and construction techniques to be employed in project the strictures. All proposed protection fencing_shall be installed and inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. • Prior to final inspection for Parcel 2, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. • The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the ty Arborist, at least once every two weeks,as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced,then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. • Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified aborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. Visual Clearance Areas (18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. -The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight(8) feet in height. Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by measuring from the corner, 30-feet along the right-of-way and along the driveway and connecting these two points with a straight line. FINDING: The applicant's Preliminary Partition Plat (Sheet 3/6) shows a vision clearance area for the proposed access to Parcel 2. However, the triangle area is inconsistent with this standard. Therefore, with the following condition of approval, the proposed partition can meet the standard. CONDITION: The applicant shall submit a revised preliminary plat showing the visual clearance areas as determined in Section 18.795.040, where the area is described as a triangle 30-feet deep along the centerline of the access way and 30-feet each side of the centerline along the right-of-way line. Impact Study(18.390): Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:' NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 14 OF 20 Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real roperty dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires tyre transfer to the public of an interest in real property,the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study. SW 95th Avenue is currently unimproved. In order to mitigate the impact from this development, the applicant will provide a future improvement guarantee for improvements to the SW 95th Avenue frontage. The applicant will be extending sanitary sewer and storm drainage connections to the additional proposed lot to account for the additional impervious area being added to the site and to mitigate for the loss of the present septic drain field. Sewer is already available and has sufficient capacity to serve the development. Other impacts to public facilities are offset by the collection of Systems Development Charges (SDC's) collected at the time of building permit issuance. Therefore,this standard can be satisfied through meeting the conditions of approval required in this decision. The TIF will be paid at the time of building permits and is a mitigation measure required for new development. Based on Washington County figures,TIF's are expected to recapture 20 percent of the traffic impact of new development on the Collector and Arterial Street system. The TIF for the proposed development is $3,822 (1 new dwelling units x $3,822/per dwelling unit). Based on the estimate that TIF fees cover 20% of the impact on major street improvements citywide, a fee that would cover 100% of this project's traffic impact is $19,110 ($3,822 _0.20). The difference between the TIF paid and the full impact is considered the unmitigated. impact on the street system. The unmitigated impact of this project on the transportation system is $15,288 $19,110 - $3,822). As adjacent portions of SW 95' Avenue are unimproved and the proposal is a residential land partition, the applicant has been conditioned to enter into a future street improvement agreement for SW 95th Avenue. Based on this analysis,the mitigated costs meet the rough proportionality test. PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and 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 54 foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting,storm drainage, and street trees. This site lies adjacent to SW 95th Avenue,which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of right-of-way from centerline, according to the most recent tax assessor's map. No additional right-of-way is required. SW 95th Avenue is currently improved with a 20-foot paved width from centerline. The street frontage along the site and adjacent parcels is without curbs and sidewalks. In order to mitigate the impact from this development, the applicant should plant street trees and enter into a future streets improvement agreement for the remaining improvements. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 15 OF 20 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 �t where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. 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 property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regardg 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. The subject site is located within a block bounded by SW Greenburg Road, SW 95th Avenue SW 91St Avenue, SW Lincoln Street, and SW Commercial Street. This block perimeter is approximately 4,500 feet in length. However, since no new streets are being created with this partition,this standard does not apply. 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 notpossible. 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. The proposal does not include any new streets. The proposed parcels are surrounded by existing residential development.Therefore,this standard does not apply. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. NOTICE OF DECISION ML.P2008-00007/AGNESSE PARTITION PAGE 16 OF 20 All proposed lots are less than 1.5 times the minim lot size and are therefore,exempt from this standard. 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. The proposed development is a minor land partition. Parcel 1 has 75 feet of frontage on SW 95th Avenue. Parcel 2 gains access from a proposed 15-foot access easement across Parcel 1,consistent with this standard. 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 shall enter into a future street improvement agreement for SW 95th Avenue, which will include public sidewalks,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 Tor 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 a public sewer line located in SW 95th Avenue and a lateral that serves the existing home. The applicant's plans show a proposed lateral from the existing sewer to serve the proposed parcel. 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 are no upstream drainageways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and 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 (CM) 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. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 17 OF 20 The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quantity facility to accommodate detention of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. 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 Tuture extension of such bikeways through the dedication of easements or right-of-way. SW 95th Avenue 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 existing overhead utility lines along the frontage of SW 95th Avenue. If the fee in-lieu is proposed,it must be approved by Mike McCarthy and it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 89.83 lineal feet;therefore the fee would be $3,144. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safety: Tualatin Valley Fire and Rescue (South Division) [Contact:John Dalby,503-356-4723]provides fire protection services within the City of Tigard. There is an existing hydrant on the southwest corner of SWLewis Ln. and SW 95th Avenue. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants,or other requirements. Public Water System: Water service is provided by the City of Tigard. The applicant proposes to continue to use the existing service for lot 1 and install an additional service from the existing main in SW 95m Avenue. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 18 OF 20 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. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. 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. An Erosion Control Plan must be submitted with the PFI Permit application for review and approval. Address Assignments: The City of Tigard d is responsible for assigning addresses for parcels within the City.of Ti ard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City pnorto-final plat approval.. 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 gnd measurements and the angle from north to gnd 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 (manholes,shall be tied to the GPS network The applicant's engineer shall provide the City with an electronic file with points or 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 VI. OTHER STAFF COMMENTS The City of Tigard Police Department commented on the proposed partition requesting monument marker be placed at the foot of the drive leading to the residence on proposed Parcel 2. A condition of approval shall require the marker. City of Tigard Public Works Department reviewed the proposal and has no objection to it. City of Tigard Arborist has reviewed the proposal and the applicant's tree removal plan conducted by a certified arborist,Kay Kenyon. The report does not contain all four of the required components, and, is therefore,unacceptable. A revised arbonst report that includes tree protection measures has been conditioned. The City Arborist comments have been included in the findings for the Landscaping and Screening and Tree Removal Chapters,above. SECTION VII. AGENCY COMMENTS Clean Water Services issued a Sensitive Area Pre Screening Assessment (CWS File Number 08-001937) which found that no sensitive area appear to be located within 200 feet of the subject site. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 19 OF 20 Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments in their September 25,2008 letter. Tualatin Valley Fire &Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) SINGLE FAMILY DWELLINGS- REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is are) 3,600 square feet or larger,the required fire flow shall be determined according to IFC Appendix B. IF�C B 105.1 PP ( ) The fire hydrant shown on the submitted drawings must be capable of supplying the required fire flow demand. SECFION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 29,2008 AND BECOMES EFFECTIVE ON OCTOBER 14,2008 UNLESS AN APPEAL IS FILED. & eal: 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 o 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 maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 13,2008. I estions: I have any questions, lease call the Ci of Tigard P • g Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard,Oregon at (503) 6 117 C...-- --1114-1 (15 ,,j September 29,2008 PREPARED BY: Gary Pa enstecher DATE 4sspciate-P--1 eer , ________) /....) ..:____, , ,. September 29 2008 APPROVED BY: Richard Bewersdorff pDATE Planning Manager is\curpin\gary\minor land partition\m1p2008-00007(Agnesse)\mlp2008-000027decision.doc NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 20 OF 20 t L___[1 I I 11 CITY of TIGARD '-------- NOR1 H DAKOTA A i t— STGEOGRAPHIC INFORMATION SYSTEM I 1 i■ ! 1 I 1 I 7 (7- 1- 11 n 1-- ) r - 1 1 1 VICINITY MAP i 1 1 , 1 1 1 i H---,---r---1---- L.) 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' TRFfS TO RFAYIN I S 89'24'07" w 238.28' ' , AC 4 TREE LOCATIONS NAT MANGE,DEPENINNG ON a 4/4... —— �'O� 110500 STREET AND INAPT 05 =OOHS,NID IDfIL sox COMMONS AS MOM T THE WM 105050 PLANS.INCLIM /_ ._ ___. _ IX MK 1a 1 mXIM Yak ,LIM PRROnr ua - , IS i1,MM IMAT1a KIM•11M19 pMq m IMVi s�'MX, /Qt d MM MAXIM,111OIXTY 1111 O M-MO T MIXa MOM T.ftot m9T991 Y�iA1 1a PDNq POKE ZONED 5-50! IX 1aa I 11970 SW 95TH AVE TAY 0.4P 15-1-3500 N 5200 11�19 ZONE D 5-4.S IXR i T 1500 A 9510 AVE AX YAP I5-I-.'1.00 T/7 3'500 ZONED R-4.5 :I 0 20 b rvn P-m' 11 I K INOR LAND PARTITION(YIP) .1919■ WM=IMO9YBM • m0a NOT HNC Harris-McMonag/e �}6NES 'f P74/ T/TION PHILIPPE AGNESSE worm R I " PO SOX none AW snC' Assocates Inc 11640 SW 95TH A ENUE PREpLAT TRN . OON59( own 1AW FICI50100-3LPifYDLG-NIA100AG *MT IMMO TM '°" ONOSIVSa.AiusbCR rood,Oregon 9,227 PRELIMINARY PLAT 3 .. T.(50J)639-3453 far(915)639-I.Z32 .ay. =MIFF IM AwR ax 6/27/09 GENERAL CONDITIONS R 6 REQUEST FOR COMMENTS WAR Tualatin Valley Fire & Rescue September 25, 2008 Gary Pagenstecher, Associate Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Agnesse Partition MLP2008-00007 Dear Gary, Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (IFC B105.1) The fire hydrant shown on the submitted drawings must be capable of supplying the required fire flow demand. We trust this letter will be helpful with the final design of this proposal insofar as fire apparatus access and firefighting water supplies are concerned. If there is anything about this letter you do not understand, disagree with, or wish to discuss further, please call me. Sincerely, Jain .`/Ja John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 (503) 356-4723 North Division Office 14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax:503-644-2214 www.tvfr.com MEMORANDUM CITY OF TIGARD, OREGON DATE: 9/12/08 TO: Gary Pegenstecher, Associate Planner FROM: Kim McMillan, Development Review Engineer RE: MLP2008-00007 Agnesse 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 proposes to retain the existing driveway for the existing house and to provide an additional driveway for the second lot. Both driveways provide access to SW 95th Avenue, a local street. 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. This property is not located on a collector or arterial street; therefore the standard does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of 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 PAGE 1 The property is not located on a collector or arterial and is not constructing a local street; therefore this standard does not apply. 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 54-foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW 95th Avenue, which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW from centerline, according to the most recent tax assessor's map. No additional right-of-way is required. SW 95th Avenue is currently improved with a 20-foot paved width from centerline. The street frontage along the site and adjacent parcels is without curbs and sidewalks. In order to mitigate the impact from this development, the applicant should plant street trees and enter into a future streets improvement agreement for the remaining improvements. 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 ENGINEERING COMMENTS PAGE 2 constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. 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 property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Cul-de-sacs: 18.810.030.L 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: ENGINEERING COMMENTS PAGE 3 • 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 from the centerline intersection point of the two streets to the radius point of the bulb, and • 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. No cul-de-sacs are proposed. 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 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 ENGINEERING COMMENTS PAGE 4 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 shall enter into a future street improvement agreement for SW 95th Avenue, which will include public sidewalks, 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 a public sewer line located in SW 95th Avenue and a lateral that serves the existing home. The applicant's plans show a proposed lateral from the existing sewer to serve the proposed parcel. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction ENGINEERING COMMENTS PAGE 5 Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and 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 CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quantity facility to accommodate detention of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; ENGINEERING COMMENTS PAGE 6 • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. There are existing overhead utility lines along the frontage of SW 95th Avenue. If the fee in-lieu is proposed, it must be approved by Mike McCarthy and it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 89.83 lineal feet; therefore the fee would be $3,144. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safety: Tualatin Valley Fire and Rescue (South Division) [Contact: John Dalby, 503-356- 4723] provides fire protection services within the City of Tigard. There is an existing hydrant on the southwest corner of SW Lewis Ln. and SW 95th Avenue. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other requirements. Public Water System: Water service is provided by the City of Tigard. The applicant proposes to continue to use the existing service for lot 1 and install an additional service from the existing main in SW 95th Avenue. ENGINEERING COMMENTS PAGE 7 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. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. 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. An Erosion Control Plan must be submitted with the PFI Permit application for review and approval. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval.. 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. ENGINEERING COMMENTS PAGE 8 In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: A Public Facility Improvement (PFI) permit is required for this project to cover utility laterals and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). Prior to final plat approval, the applicant shall plant street trees along the frontage of SW 95th Avenue. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW 95th A venue adjacent to the subject property, when any of the following events occur: ENGINEERING COMMENTS PAGE 9 A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. The applicant shall obtain approval from the City of Tigard for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. A plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the Public Facility Improvement (PFI) permit drawings for review and approval. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) as recorded in Washington County survey records. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421). ENGINEERING COMMENTS PAGE 10 C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. 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. E. After the City and County have reviewed the final plat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to issuance of building permits, the applicant shall provide the Engineering Department with a paper copy of the recorded final plat. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. The applicant shall either place the existing overhead utility lines along SW 95th Avenue underground as a part of this project, or they shall contact Mike McCarthy to determine if they will be allowed to pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is allowed, the amount will be $ $3,144 and it shall be paid prior to issuance of building permits. During issuance of the building permit for Parcel 2, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). ENGINEERING COMMENTS PAGE 11 • IN RE QUE ST FOR COMME NT DATE: August 27,2008 T I G A R D TO: Brian Rager,Assistant Public Works Director FROM City of Tigard Plannin• •• • '.n S 'AFF CO ' CT: Gary Pagenstecher,Associate Planner(x2434) Phone: (503) 639-4171 Fax: (503) 624-3681 Email:garypatigard-or.gov MINOR LAND PART 2008-00007/ADJUSTMENT (VAR) 2008-00023 - AGNESSE PARTITION - REQUEST: The applicant is requesting approval to partition an approximately:49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel p2 will be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests and adjustment to use existing trees as street trees. LOCATION: 11640 SW 95th Avenue; Washington County Tax Map 1S135DC, Tax Lot 03300. 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 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730; 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: SEPTEMBER 10, 2008. 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. I} 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 or email. Written comments provided below: Name&Number of Person Commenting: Z4l Brian Rager Subject: Review Agnesse Partition (MLP 2008-00007) Start Date: Tuesday, September 02, 2008 Due Date: Monday, September 08, 2008 Status: Not Started Percent Complete: 0% Total Work: 0 hours Actual Work: 0 hours 1/ Owner: Kenny Fis er; John oodrich; Sam Morrison; Rob Block; Theresa Reynolds; Vance Walker This is a land use Request for Comments from Gary Pagenstecher. Take a look for big picture stuff on this one. Thanks. 1 J September 2 , 2008 Paul and Toni Kane 11670 S.W. 95th Ave Tigard, Or 97223 503-443-6141 To : Gary Pagenstecher,Associate Planner Dear Mr. Pagenstecher, We are responding to the opportunity to submit an opinion upon the proposed partition on the property next door to us : Agnesse Partition,located at 11640 S.W 95th Ave . We have no complaints with this,but we do have a comment regarding the oak tree that is next to the house on Parcel 1 and would be very close to the proposed easement for Parcel 2. We are very concerned that the tree,which overhangs a portion of our house, is old and becoming unsafe, and that the process of putting in the easement will weaken the root system .We feel that tree needs to be thinned and cut back, by a professional tree service or an arborist,to avoid any potential damage to our home,and or the loss/damage of a beautiful old tree. We would also like to request that a six foot cyclone privacy fence along the property line/easement be a part of the development of the parcel. Thank you for your consideration. Sincerely, .';t,Lt.e jtiii mi • MEMORANDUM TIGARD TO: Gary Pagenstecher FROM: Todd Prager, City Arborist RE: Agnesse Partition DATE: September 2, 2008 As you requested I have provided comments on the "Agnesse Partition" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.370.020 Adjustments C. Special adjustments. 6. Adjustments to landscaping requirements (Chapter 18.745). a. Adjustment to use of existing trees as street trees. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the use of existing trees to meet the street tree requirements in Section 18.745.030 providing there has been no cutting and filling around the tree during construction which may lead to its loss, unless the following can be demonstrated: (1) The ground within the drip-line is altered merely for drainage purposes;and (2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. I recommend granting the adjustment to allow the use of trees 1559 and 1560 as street trees. However, confirm that this is acceptable for our engineering division as they have ultimate authority over these matters. b. Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: (1) If the location of a proposed tree would cause potential problems with existing utility lines; (2) If the tree would cause visual clearance problems;or (3) If there is not adequate space in which to plant street trees. 18.745.030 General Provisions C. Installation Requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects'Architectural Graphic Standards, 10th edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. 2. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANSI Z-60, 1-1986, and any other future revisions);and 3. Landscaping shall be installed in accordance with the provisions of this tide. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting ofa bond. 18.745.040, Street Trees B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. This requirement has been met. If existing trees 1559 and 1560 are accepted as street trees, then the applicant is required to plant three additional trees along the private drive. Sheet 4 of the plan set shows appropriate spacing and size of street trees along the private drive. The proposed spacing would require one small stature tree on the west side of the private drive, and two large stature trees on the east size of the private drive. I recommend planting Cascara (Rhamnus purshiana) on the west Page 2 of 8 side of the private drive and Oregon Oaks (Quercusgarryana) on the east side of the private drive. Both are native to the Portland area and would complement the existing native trees well. It is acceptable for them to include a note on their street tree plan that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. 18.745.050, Buffering and Screening N/A 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review,planned development or conditional use is filed. Protection is preferred over removal wherever possible. As required, the applicant has provided a tree plan conducted by Kay Kinyon, a certified arborist. However, the tree plan does not contain all of the required elements. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; This requirement has been met. 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; Page 3 of 8 c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. This requirement has been met. There are four trees on the project site (tree 2, 4, 5, and 8) that are not hazardous and over 12 inches in diameter. The applicant is proposing to retain over 75% of the non-hazardous over 12" in diameter. Therefore, no mitigation is required. 3. Identification of all trees which are proposed to be removed; This requirement has been met. 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. This requirement has been met. 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 1. Density bonus. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% bonus may be applied to density computations of Chapter 18.715. No more than a 20% bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone. This bonus is not applicable to trees preserved in areas offoodplain, slopes greater than 25%, drainageways, or wetlands that would otherwise be precluded from development; 2 Lot size averaging. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than 80% of the minimum lot size allowed in the zone; Page 4of8 3. Lot width and depth. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20% of that required by the underlying zone; 4. Commercial/industrial/civic use parking. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080, Minimum and Maximum Off-Street Parking Requirements, a 1%reduction in the amount of required parking may be granted. No more than a 20%reduction in the required amount of parking may be granted for any one development; 5. Commercial/industrial/civic use landscaping. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1%reduction in the required amount of landscaping may be granted. No more than 20% of the required amount of landscaping may be reduced for any one development. No incentives have been requested. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal ofa tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: Page 5 of 8 a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment- laden flows;or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2 Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit. A tree removal permit shall be effective for one and one-half years from the date of approval C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2 Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax-deferred tree farm or small woodlands, but does not stand on sensitive lands. E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A.2, excluding D.4. above, is not permitted. This requirement does not appear to be applicable to this project. Page 6 of 8 CONDITIONS OF APPROVAL Adjustments to Landscaping Requirements I recommend granting the adjustment to allow the use of trees 1559 and 1560 as street trees. However, confirm that this is acceptable for our engineering division as they have ultimate authority over these matters. Street Trees If existing trees 1559 and 1560 are accepted as street trees, then the applicant is required to plant three additional trees along the private drive. Sheet 4 of the plan set shows appropriate spacing and size of street trees along the private drive. The proposed spacing would require one small stature tree on the west side of the private drive, and two large stature trees on the east size of the private drive. I recommend planting Cascara (Rhamnus purshiana) on the west side of the private drive and Oregon Oaks (Quercusgarryana) on the east side of the private drive. Both are native to the Portland area and would complement the existing native trees well. It is acceptable for them to include a note on their street tree plan that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. Tree Protection The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arborist may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. This note shall be included on the Tree Protection Plan. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing, and a signature of approval from the project arborist regarding the placement and construction Page 7 of 8 techniques to be employed in building the structures. All proposed protection fencing shall be installed and inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. Deed Restriction Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. Page 8 of 8 • REQUEST FOR COMMENTS DATE: August 27,2008 T I GARD TO: Jim Wolf,Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner(x2434) Phone: (503) 639-4171 Fax: (503) 624-3681 Email:garypa tigard-or.gov MINOR LAND PARTITION (MLP) 2008-00007/ADJUSTMENT (VAR) 2008-00023 - AGNESSE PARTITION - REQUEST: The applicant is requesting approval to partition an approximately.49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel 2 will be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests and adjustment to use existing trees as street trees. LOCATION: 11640 SW 95th Avenue; Washington County Tax Map 1S135DC, Tax Lot 03300. 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 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730; 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: SEPTEMBER 10, 2008. 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 or email. L Written comments provided below: Racomrwa4 a r4\01\11ittMk rANa'VC of �Cat�r �r k(AJwool 04 ) °154'" �hN c \ AD p• tc'- 1' " Name&Number of Person Commenting: JAM v�0�T 503 t11� Zs�l REQUEST FOR COMMENTS III DATE: August 27,2008 T I GARD TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher,Associate Planner(x2434) Phone: (503) 639-4171 Fax: (503) 624-3681 Email:garyp antigard-or.gov MINOR LAND PARTITION (MLP) 2008-00007/ADJUSTMENT (VAR) 2008-00023 - AGNESSE PARTITION - REQUEST: The applicant is requesting approval to partition an approximately.49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel p2 will be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests and adjustment to use existing trees as street trees. LOCATION: 11640 SW 95`h Avenue; Washington County Tax Map 1S135DC, Tax Lot 03300. 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 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730; 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: SEPTEMBER 10, 2008. 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. I} 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 or email. Written comments provided below: Name&Number of Person Commenting: • r'TY OF TIGARD REQUEST FOP 'OMMENTS S Pc1, NOTIFICA 4 LIST FOR LAND USE & COMMUNITY D, JPMENT APPLICATIONS FILE NOS.: `7,'2 P 8-67 ✓-%erg-O FILE NAME: 11) /"J SSA Pte, 7.f,C.e...— CITY OFFICES _LONG RANGE PLANNING/Ron Bunch,Planning Mgr. , ' URRENT PLANNING/Todd Prager/Arborist-Planner POLICE DEPT./Jim Wolf,Crime Prevention Officer _BUILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor ✓_E—NGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer _HEARINGS OFFICER(+2 sets) _CITY ADMINISTRATION/Cathy Wheatley,City Recorder /PUBLIC WORKS/Brian Rager,Assistant Public Works Director PLANNING COMMISSION/GRETCHEN(+12 sets) _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs._PUBLIC WORKS/Steve Martin,Parks Supervisor oFILE/REFERENCE(+2 sets) _CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) SPECIAL DISTRICTS 2_.. _ TUAL.HILLS PARK&REC.DIST.* VTUALATIN VALLEY FIRE&RESCUE• _ TUALATIN VALLEY WATER DISTRICT* , CLEAN WATER SERVICES Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall 1850 SW 170'" David Schweitzer/SWM Program Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97006 2550 SW Hillsboro Highway Beaverton,OR 97005-1152 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN * _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood(wLuN Ferro Regeired) _ Steven Sparks,0-.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING* _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM* 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps acws Letter Only) _ Mel Huie,Greenspaces Coordinator(CPA/Z0A) Mara Ulloa(Comp.Plan Amendments&Measure 37) 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(Powertines 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 fA Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apps Lake Oswego,OR 97034 _Planning Division(ZCA)MS 14 _ OR.DEPT.OF EN VIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(CPA) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Mateja(zcA)Ms14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(Vacations) _Sr.Cartographer tcewzcalMe 1■ 1900 SW 4"'Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,Surveyor izcvPAS is Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"911"(MOnopW•Tow.r.) Sam Hunaidi,Assistant District Manager (Notify if ODOT RIR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,sr.Crossing Safety Specialist (Notify If Property Has HO Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES 7--- _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC RJR(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 _SOUTHERN PACIFIC TRANS.CO.RJR _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. RI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(Sea Map to Ares Cont.') (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 Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 Portland,OR 97219 I/TIGARD/TUALATIN SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 eCOMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev ,se.Meewrweecomeu/ Brian Every,.m E al OeMNOi9av) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 1-Aug-013) (Also update:i:\curpin\setup\labelslannexations lannexation_utilities and franchises.doc,mailing labels&auto text when updating this documel MAILING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {Check Appropriate&+z(s)H krw{ © NOTICE OF PENDING LAND USE DECISION FOR MLP2008-00007/VAR2008-00023 - AGNESSE PARTITION ❑ AMENDED NOTICE (Flee No/Naze 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 27,2008,and deposited in the United States ..• on August 27,2008,postage prepaid. AtKAI ,41‘ gm, (Person that Prepared Notice) IMP=...../1 STATE OF OREGON County of Washington) ss. City of Tigard ) Subscribed and sworn/affirmed before me on the / day of om ,2008. _.. ' OFFICIAL SEAL A SHIRLEY L TREAT NOTARY PUBLIC-OREGON N TARP PUB C OF OREGON COMMISSION NO.416777 / MY COMMISSION EXPIRES APRIL 25,2011 ' My Commission Expires: `t bI l EXHIBIT 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 MINOR LAND PARTITION TIGARD DATE OF NOTICE: August 27, 2008 FILE NOS.: MINOR LAND PARTITION (MLP) 2008-00007 ADJUSTMENT (VAR) 2008-00023 FILE TITLE: AGNE SSE PARTITION APPLICANT/ Philippe Agnesse APPLICANT'S Steve Bloomquist OWNER: P.O.Box 230635 REP: Harris-McMonagle Associates Tigard,OR 97281 8740 SW Scoffins Street Tigard,OR 97223 REQUEST: The applicant is requesting approval to partition an approximately.49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel 2 will be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests and adjustment to use existing trees as street trees. LOCATION: 11640 SW 95th Avenue;Washington County Tax Map 1S 135DC,Tax Lot 03300. 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 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730; 18.745, 18.765, 18.790, 18.795 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON SEPTEMBER 10, 2008. All comments should be directed to Gary Pagenstecher, Associate Planner (x2434) 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 garypatigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS 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 SEPTEMBER 26, 2008. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRIT hN 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 DIREG1ED 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 SUBMI'T'TED WRITTEN COMMENT'S 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 FAd1S 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. If you want to inspect the file,please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." II If II 1 I J I d I I II f l I I III A Ui al a ',. -- =,■■ == =■ = vici,.. "MAP � . - > M= ==:=■ —\ILP2INIB 111)lNl- & "i, �II• ■_ Mill m� -V_AR2008-0003 i s� ■ ■M �`� -AGNESSE * ,\ 1 , R. -11. =�ln ^ PARTITION ^- ■'Ea NeUgG,,' .II ■mi ` LEGEND: tr MI ■ 'I ' 11. ■L j SUBJECT ��r— 1EW15 \\ ,��, -.7 .. 111.■■ I■.�� rf■■ -_1. �� ill: _ bliiiiii 1, 3 .1 li , 1 TANG C L NI en, Aril NE . . ,.ri n. ..,.. a moirP1 Pilipi -' 4/111Z.41:1,11.Frilt77 *V jilk4 ---iimid-7-=::::. 1S135DC-04800 1S135DC-04700 EXHIBIT ABOUT NICE HOMES LLC BROCKWAY STEPHEN H BY EARL ERNEST&ANN GUILE PO BOX 80155 9387 SW TANGELA CT PORTLAND,OR 97280 TIGARD, OR 97223 15135CD-00100 1S135DB-04901 ALVARADO MARTA M TRUSTEE BURRONE BARBARA J 38 HILL POINT AVE 11495 SW 92ND AVE SAN FRANCISCO, CA 94117 PORTLAND,OR 97223 1 S 135C D-13000 1 S 135C D-13100 ANDERSON KELCIE L CAO MY DUC& 9575 SW PIHAS ST NGUYEN LIEN THI PHUNG TIGARD, OR 97223 9595 SW PIHAS ST TIGARD,OR 97223 1S1350C-04600 1S135DC-04100 ANDOVER PROPERTIES LLC CHAPMAN RACHEL BY E ERNEST GUILE 11850 SW 95TH PO BOX 9702 TIGARD,OR 97223 DHAHRAN, SA 31311 1S1350C-06600 1S135DC-05300 AVILES JOSE ANTONIO COMMUNITY PARTNERS FOR AFFORDABL 155 N 1ST AVE PO BOX 23206 TIGARD, OR 97223 TIGARD,OR 97281 1S135CD-14100 1S135DB-04900 AZEVEDO VIRGINIA T&JAMES P CORTESE ANGELO& 9580 SW PIHAS ST CORTESE ROSINA A CO-TRS TIGARD, OR 97224 11856 SW 175TH AVE BEAVERTON,OR 97007 1S135DB-05700 1S135CD-02500 BARNEY CHARLES R&CATHY L CORYELL JACK M SR/ALICE REV LIV 11450 SW 95TH AVE BY JACK M/ALICE 0 CORYELL TRS TIGARD, OR 97223 12675 SW 111TH PL TIGARD,OR 97223 1S135DC-05100 1S135DC-06000 BEDELL WINFIELD THOMAS TR& DALTON MARY M BEDELL KATHLEEN EVA TRUSTEE 11720 SW 92ND AVE 8322 CARSON CT TIGARD,OR 97223 WOODBURN, OR 97071 1 S 135DC-05000 1S135CD-10700 BRINKLEY JEFF R& DAVID HAIM& BRINKLEY TRACY ANN GRINFAS-DAVID TAL J 15781 SW HIGHPOINT DR 11682 SW NACIRA PL SHERWOOD, OR 97140 TIGARD,OR 97223 is 50C-0490 1S135CD-03700 BRIN E EFF R&TRACY ANN DAW LAWRENCE D 1578 HIGHPOINT DR DAISY L S RWO , OR 97140 11605 SW 95TH AVE TIGARD,OR 97223 1 S 135CD-02900 1S135DB-06000 DOTSON JASON B/SUE D GALEANA EUNICE 9570 SW LEWIS LANE 11540 SW GREENBURG RD TIGARD,OR 97223 TIGARD,OR 97223 1 S135CD-00202 1S135DB-04700 DRENNAN DAVID&JOAN GAVETT WESTON C&KERRY L PO BOX 23603 11435 SW 92ND AVE TIGARD, OR 97281 TIGARD,OR 97223 1 35CD-09200 1S135CD-13900 DR A VID A&JOAN GILBERT JON&CORYNN PO B 3603 9640 SW PIHAS ST T ARD, 0 97281 TIGARD,OR 97223 1 S 135 D B-05000 1 S 135C D-14600 DYER HAROLD D&DEBRA J GREENBURG PINES HOMEOWNERS 3635 SW 144TH AVE ASSOCIATION BEAVERTON,OR 97005 PO BOX 91459 PORTLAND, OR 97291 1 S135DB-05100 1 35CD-14300 EATON DICK B& LINDA L GR NBU INES HOMEOWNERS 9625 SW LEWIS LN ASSO ION TIGARD, OR 97223 P X 1459 ORTLAN OR 97291 1S135C0-03601 1 135CD-14700 EATON RICHARD B&LINDA L GR NBU PINES OWNERS OF 9625 SW LEWIS LN LOT TIGARD, OR 97223 1S135DC-05500 1S135D8-05300 ECKROTH GRANT D&TANYA M HARDT FREDERICK W III AND 11785 SW 92ND AVE GLORIA J TIGARD, OR 97223 11420 SW 94TH TIGARD,OR 97223 1 S 135CD-01600 1 S 135CD-00205 EMPKIE ROBERT L JR HASTING THOMAS D 13440 NW MILBURN ST SHARON M BEAVERTON, OR 97005 9555 SW LEWIS LA TIGARD,OR 97223 1 S135DC-05700 1 S135CD-03800 FARIS DAVID LYNN &KATRINA LYNN HASTING THOMAS D&SHARON M 11780 SW 92ND 9555 SW LEWIS LN TIGARD,OR 97223 TIGARD,OR 97223 1S135DC-03100 1S1353C-03001 FITZGERALD MEGHAN M&JUSTIN M HUANG JIA-HWAY 11545 SW GREENBURG RD 1910 SE TALTON AVE TIGARD, OR 97223 VANCOUVER,WA 98683 1S135DB-03600 1S135DC-05400 HULME DAVID A&CASSANDRA M KONO KRISTI J 11480 SW 92ND AVE 11765 SW 92ND AVE TIGARD, OR 97223 TIGARD,OR 97223 1 S135DB-05200 1 S135CD-03100 JAKOVICH JOHN D&MARY LOU KURTZ GAREY L 11450 SW 94TH 4929 SE TENINO DR TIGARD, OR 97223 PORTLAND,OR 97206 1S135CD-10600 1S135DB-05800 JOHNSON JIM W&DOROTHY E LABEAUX DAMIAN&YUKI 11676 SW NACIRA PL 11445 SW 94TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1S135DC-02500 1 S135CD-02701 JOHNSTON MARIE L TRUST& LAWRENCE JUSTIN NANNINI SUZANNE M& 19311 NE 101ST AVE BAUER PATRICIA E BATTLEGROUND,WA 98604 11775 SW 91ST AVE TIGARD, OR 97223 1 S135CD-03500 1S135CD-02702 JOY DANIEL J LEBEN ANNES&KOLOLINSE 6408 SE 61ST AVE 11715 SW 95TH AVE PORTLAND, OR 97206 TIGARD,OR 97223 1 S 135 DC-02600 1 S 135C D-03600 KAHALOA HERMAN P JR& LEWIS SEAN M&JANEL K CARRIE J 9595 SW LEWIS LN PO BOX 230642 TIGARD,OR 97223 TIGARD,OR 97281 1S135DC-03400 1S135DC-08900 KANE PAUL E LIM MICHAEL S 11670 SW 95TH AVE 11635 SW GREENBURG RD TIGARD, OR 97223 TIGARD,OR 97223 1 S 135DC-03000 1 S 135 DC-08800 KEN CONDO'S LLC LIM MICHAEL S&CARINA G 16835 SW IVY GLEN ST PO BOX 231064 BEAVERTON, OR 97007 TIGARD,OR 97281 1S135CD-03000 1S135CD-13300 KIRK KENNA L&BRIAN A LONG DAVID 9580 SW LEWIS LN 9670 SW PIHAS ST TIGARD, OR 97223 TIGARD,OR 97224 1 S135CD-03400 1 S135CD-02800 KNEELAND JAMES H&DEBORAH L LUCAS CARMELITA MORALES 9690 SW LEWIS LN 9550 SW LEWIS LN TIGARD, OR 97223 TIGARD,OR 97223 1S135DC-05800 1S135DC-03300 MAXWELL GERALD W&MELISSA S P&R INVESTMENT GROUP LLC 11760 SW 92ND AVE PO BOX 230635 PORTLAND, OR 97223 TIGARD,OR 97281 1S135DC-06100 1S135DC-06800 MCCORMACK STACEY L PANTALEON ERNESTO NIETO& 11690 SW 92ND AVE FIGUEROA ESPERANZA N TIGARD, OR 97223 11630 SW GREENBURG RD TIGARD,OR 97223 1S135DC-06200 1S135CA-02301 MEDINA VICTOR GANDARA PETERSON GEORGIA V 11670 SW 92ND AVE 11487 SW 95TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1S135DC-02602 1S135DC-06700 MENDOZA URIEL CONTRERAS& PHAM LUONG G&VERONICA J CONTRERAS MARIA SOLEDAD& PO BOX 23126 MAGANA JAVIER MENDOZA TIGARD,OR 97281 11645 SW GREENBURG RD TIGARD, OR 97223 1S135CA-02303 1S135CA-02304 MICKEL TOM 0&JUDITH A PICON-UZCATEGUI MARIA JULIANA 10261 SW STUART CT 11500 SW GREENBURG RD TIGARD, OR 97224 TIGARD,OR 97223 1 S135DB-05901 1 S135CD-00300 MIDDAUGH CHRISTOPHER L& PIRONI LLC MIDDAUGH PAULA R 900 SE 13TH AVE 11475 SW 94TH AVE PORTLAND,OR 97214 TIGARD, OR 97223 1 S 135DC-03500 1 S135CD-00101 MONTGOMERY DEANA S&CORY L PRICE JENNIFER D 11680 SW 95TH AVE 11555 SW 95TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1S135DC-06500 1S135DC-05600 MUNOZ JESUS&OLIVIA RUFENER BRENT L&MICHELLE L 11665 SW 92ND AVE 10324 SW LADY MARION DR TIGARD, OR 97223 TIGARD,OR 97224 1S135CD-13200 1S135CD-10800 MUSANTE ROBERT R&MARYALICE SARJADI OSCAR& 9635 SW PIHAS ST SETIADY ELLEN TIGARD, OR 97223 11688 SW NACIRA PL TIGARD,OR 97223 1S135CD-03300 1S135DC-05200 ORR KAREN&LYNART SMITH MAHLON 9660 SW LEWIS LN 11830 SW 95TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1S135CA-09200 1S135 D-14500 SOLERA LLC TIGAR I OF 9200 SW NIMBUS AVE 13125 LL BLVD BEAVERTON, OR 97008 TI RD,OR 7223 is 5CA-0930 1S135DC-06300 SOL C VANWORMER IDA M 9200 IMBUS AVE 22005 NW RUSSELL CREEK RD B VERTO , OR 97008 YAMHILL, OR 97148 1 S 135DC-08600 1S135CD-00201 SPECIALIZED HOUSING INC VELONI RICHELE A 4140 SW 109TH AVE 5835 SE 52ND BEAVERTON, OR 97005 PORTLAND,OR 97206 1S135CD-14200 1S1 D-00200 STAN ETHEL M LIVING TRUST VELO I LE A BY JANET M RUTHERFORD TR 5835 D 11785 SW 95TH P TLAND, 97206 TIGARD,OR 97223 1 S 135C D-03200 1 S135C D-01701 STEWARD SAMUEL A&LINDA K VEZEY CHERYL ANN 9630 SW LEWIS LN PO BOX 230299 TIGARD,OR 97223 TIGARD,OR 97281 1 S135DB-04800 1S135DC-02000 STRONG ROXANN SNYDER VILLA LA PAZ LIMTED PARTNERSHIP 11465 SW 92ND AVE BY COMMUNITY PARTNERS FOR TIGARD,OR 97223 AFFORDABLE HOUSING INC PO BOX 23206 TIGARD,OR 97281 1 S135DC-08500 1 S135CA-02200 TEODORSKI PHILIP VILLARREAL VICTORIA L& 11510 SW 92ND AVE VILLARREAL MAURICIO S TIGARD,OR 97223 11405 SW 95TH AVE TIGARD,OR 97223 1 S 135DC-03600 151 35C D-14000 THOMAS DARWIN WAGNER MARK J&PAMELA D 6715 NE 63RD ST#103-264 9610 SW PIHAS SQUARE VANCOUVER,WA 98661 TIGARD,OR 97224 1S135DC-05900 1S135DC-06400 THOMAS MAXINE L WEYRAUCH LORRAINE D AND GLENN W 6535 SW CANYON CT 11585 SW GREENBURG RD PORTLAND,OR 97225 TIGARD,OR 97223 1St 5DC-0300 1S135D8-05900 TIGA OF WILLIAMS CHRIS T&DANIELLE L 1312 ALL BLVD 11550 SW GREENBURG RD TI ARD,OR 7223 TIGARD,OR 97223 1 S 135DC-03800 WINTERS JOHN W 11590 SW 95TH AVE TIGARD,OR 97223 1 Si 35DC-03700 WI RS J N W 11590 95TH AVE T RD, 97223 1S 5DC-03200 WINT HN W 115 TH AVE T ARD,OR 7223 1 S 135C D-02801 WIRKKALA KRISTINE 16530 SE HAIG DR PORTLAND, OR 97236 s Nathan and Ann Murdock Mildren Design group PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\Iabels\CIT East.doc) UPDATED: 6-Aug-07 Philippe Agnesse MLP2008-00007/ ,_.42008-00023 P.O.Box 230635 AGNESSE PARTITION Tigard,OR 97281 P&R Investment Group,LLC P.O. Box 230635 Tigard, OR 97281 Harris-McMonagle Associates Attn: Steve Bloomquist 8740 SW Scoffins Street Tigard, OR 97223 AFFIDAVIT OF MAILING pip! I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: i B)BAKT.1 © NOTICE OF DECISION FOR MLP2008-00007/VAR2008-00023 - AGNESSE PARTITION (Fae No/Name Reference) ❑ AMENDED NOTICE ® 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 September 29,2008,and deposited in the United States Mail on September 29,2008,postage prepaid. ;.) . tel' i (Person repared o' e STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the / day of 00766 ` ,2008. • OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBUC-OREGON COMMISSION NO. APRIL 2 7 d- MY COMMISSION EXPIRES APRIL 25,,2 2011 N ARY PUB C OF OREGON My Commission Expires: `fix<<I EXHIBIT-. NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2008-00007 = AGNESSE PARTITION 120 DAYS =12/13/2008 SECTION I. APPLICATION SUMMARY FILE NAME: AGNESSE PARTITION CASE NOS: Minor Land Partition(MLP) MLP2008-00007 Adjustment (VAR) VAR2008-00023 PROPOSAL: The applicant is requesting approval to partition an approximately .49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel 2 is proposed to be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests approval for an Adjustment to use existing trees as street trees. APPLICANT/ Philippe Agnesse APPLICANT'S Harris-McMonagle Associates,Inc. OWNER P.O. Box 230635 REP: Ann: Steve Bloomquist Tigard, OR 97281 8740 SW Scoffins Street Tigard, OR 97223 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: 11640 SW 95th Avenue;Washington County Tax Map 1S135DC,Tax Lot 03300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (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 SEPTEMBER 29, 2008 AND BECOMES EFFECTIVE ON OCTOBER 14, 2008 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 maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 13, 2008. Questions: For further information please contact the Planning Division Staff Planner, Gary Pagenstecher at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223 or by email to garypOtigard-or.gov. p■.-uommuu mm11•1111 U■■= MIIIIM/IIIIIIIIMEMIE - I I in uiu. 5T _ �� � i VICINITY MAP !� ■ -mac'� " \ILP3008-0001 gra nom,, 1\'_\R''008-0110_3 I �� t ■ ■�• -P I 'AGNESSE �. ,Mil ■� - -E . Elm 11111_ ^_ .�.: �f'RC',' ..•� LEGEND: pm _1 IIII� It?' �■. .� ��j SITEECT lib q ow _a„mu marm,,„„.. im, I.NEM III IMMO 3 1111,11111:1.114411.= 1111=11, • Villi r-1 i .1111 iiiiirElb NEM SEM. I. 4111 ilh. 14/. ,q' 1 ■ I IF Iiii 11111 .11.‘rt ri a Pl 1 ti :Ur . 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E _ • I 1S135DC-04800 • 1S135DC-04700 EXHIBlT�� ABOUT NICE HOMES LLC BROCKWAY STEPHEN H BY EARL ERNEST&ANN GUILE PO BOX 80155 9387 SW TANGELA CT PORTLAND,OR 97280 TIGARD, OR 97223 1 S 135 C D-00100 15135 DB-04901 ALVARADO MARTA M TRUSTEE BURRONE BARBARA J 38 HILL POINT AVE 11495 SW 92ND AVE SAN FRANCISCO, CA 94117 PORTLAND,OR 97223 1S135CD-13000 1S135CD-13100 ANDERSON KELCIE L CAO MY DUC& 9575 SW PIHAS ST NGUYEN LIEN THI PHUNG TIGARD, OR 97223 9595 SW PIHAS ST TIGARD,OR 97223 1S135DC-04600 1S135DC-04100 ANDOVER PROPERTIES LLC CHAPMAN RACHEL BYE ERNEST GUILE 11850 SW 95TH PO BOX 9702 TIGARD,OR 97223 DHAHRAN, SA 31311 1S1350C-06600 1S1350C-05300 AVILES JOSE ANTONIO COMMUNITY PARTNERS FOR AFFORDABL 155 N 1ST AVE PO BOX 23206 TIGARD, OR 97223 TIGARD,OR 97281 15135CD-14100 1S135DB-04900 AZEVEDO VIRGINIA T&JAMES P CORTESE ANGELO& 9580 SW PIHAS ST CORTESE ROSINA A CO-TRS TIGARD, OR 97224 11856 SW 175TH AVE BEAVERTON, OR 97007 1 S 135 D B-05700 151 35C D-02500 BARNEY CHARLES R&CATHY L CORYELL JACK M SR/ALICE REV LIV 11450 SW 95TH AVE BY JACK M/ALICE 0 CORYELL TRS TIGARD, OR 97223 12675 SW 111TH PL TIGARD,OR 97223 1S135DC-05100 1S135DC-06000 BEDELL WINFIELD THOMAS TR& DALTON MARY M BEDELL KATHLEEN EVA TRUSTEE 11720 SW 92ND AVE 8322 CARSON CT TIGARD,OR 97223 WOODBURN, OR 97071 1 S 135 DC-05000 1 S135CD-10700 BRINKLEY JEFF R& DAVID HAIM& BRINKLEY TRACY ANN GRINFAS-DAVID TAL J 15781 SW HIGHPOINT DR 11682 SW NACIRA PL SHERWOOD,OR 97140 TIGARD,OR 97223 is 5DC-0490 1S135CD-03700 BRIN E EFF R&TRACY ANN DAW LAWRENCE D 1578 HIGHPOINT DR DAISY L S RWO , OR 97140 11605 SW 95TH AVE TIGARD,OR 97223 1 S135Cp-02900 . 1S135DB-06000 DOTSON JASON B/SUE D GALEANA EUNICE 9570 SW LEWIS LANE 11540 SW GREENBURG RD TIGARD, OR 97223 TIGARD,OR 97223 1S135CD-00202 1S135DB-04700 DRENNAN DAVID&JOAN GAVETT WESTON C&KERRY L PO BOX 23603 11435 SW 92ND AVE TIGARD, OR 97281 TIGARD,OR 97223 1 35CD-09200 1S135CD-13900 DR A VID A&JOAN GILBERT JON&CORYNN PO B 3603 9640 SW PIHAS ST T ARD, 0 97281 TIGARD,OR 97223 1S135DB-05000 1 S135CD-14600 DYER HAROLD D&DEBRA J GREENBURG PINES HOMEOWNERS 3635 SW 144TH AVE ASSOCIATION BEAVERTON, OR 97005 PO BOX 91459 PORTLAND, OR 97291 1 S135DB-05100 1 35CD-14300 EATON DICK B& LINDA L GR NBU INES HOMEOWNERS 9625 SW LEWIS LN ASSO ION TIGARD,OR 97223 P X 1459 ORTLAN OR 97291 1 S 135C D-03601 1 135C D-14700 EATON RICHARD B& LINDA L GR NBU PINES OWNERS OF 9625 SW LEWIS LN LOT TIGARD, OR 97223 1 S135DC-05500 1 S135DB-05300 ECKROTH GRANT D&TANYA M HARDT FREDERICK W III AND 11785 SW 92ND AVE GLORIA J TIGARD, OR 97223 11420 SW 94TH TIGARD,OR 97223 1 S 135CD-01600 15135CD-00205 EMPKIE ROBERT L JR HASTING THOMAS D 13440 NW MILBURN ST SHARON M BEAVERTON, OR 97005 9555 SW LEWIS LA TIGARD,OR 97223 1S135DC-05700 1S135CD-03800 FARIS DAVID LYNN & KATRINA LYNN HASTING THOMAS D&SHARON M 11780 SW 92ND 9555 SW LEWIS LN TIGARD, OR 97223 TIGARD,OR 97223 181351)C-03100 1 S135DC-03001 FITZGERALD MEGHAN M&JUSTIN M HUANG JIA-HWAY 11545 SW GREENBURG RD 1910 SE TALTON AVE TIGARD, OR 97223 VANCOUVER,WA 98683 1S135D13-03600 • 1S135DC-05400 HULME DAVID A&CASSANDRA M KONO KRISTI J 11480 SW 92ND AVE 11765 SW 92ND AVE TIGARD, OR 97223 TIGARD,OR 97223 1S13506-05200 1 S 135C D-03100 JAKOVICH JOHN D&MARY LOU KURTZ GAREY L 11450 SW 94TH 4929 SE TENINO DR TIGARD,OR 97223 PORTLAND, OR 97206 1 S 135C D-10600 1 S 135 DB-05800 JOHNSON JIM W&DOROTHY E LABEAUX DAMIAN&YUKI 11676 SW NACIRA PL 11445 SW 94TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S135DC-02500 1S135CD-02701 JOHNSTON MARIE L TRUST& LAWRENCE JUSTIN NANNINI SUZANNE M& 19311 NE 101ST AVE BAUER PATRICIA E BATTLEGROUND,WA 98604 11775 SW 91ST AVE TIGARD,OR 97223 15135CD-03500 1 S135C0-02702 JOY DANIEL J LEBEN ANNES&KOLOLINSE 6408 SE 61ST AVE 11715 SW 95TH AVE PORTLAND, OR 97206 TIGARD,OR 97223 1 S 13 5 DC-02600 1 S 135C D-03600 KAHALOA HERMAN P JR& LEWIS SEAN M&JANEL K CARRIE J 9595 SW LEWIS LN PO BOX 230642 TIGARD,OR 97223 TIGARD,OR 97281 1 S 135 DC-03400 1 S 135 DC-08900 KANE PAUL E LIM MICHAEL S 11670 SW 95TH AVE 11635 SW GREENBURG RD TIGARD, OR 97223 TIGARD,OR 97223 1 S1350C-03000 1 S135DC-08800 KEN CONDO'S LLC LIM MICHAEL S&CARINA G 16835 SW IVY GLEN ST PO BOX 231064 BEAVERTON, OR 97007 TIGARD,OR 97281 1S135CD-03000 1S135CD-13300 KIRK KENNA L& BRIAN A LONG DAVID 9580 SW LEWIS LN 9670 SW PIHAS ST TIGARD, OR 97223 TIGARD,OR 97224 1 S 135C D-03400 1 S 135CD-02800 KNEELAND JAMES H&DEBORAH L LUCAS CARMELITA MORALES 9690 SW LEWIS LN 9550 SW LEWIS LN TIGARD, OR 97223 TIGARD,OR 97223 1 S 135DS-05800 . 1 S 135 DC-03300 MAXWELL GERALD W&MELISSA S P&R INVESTMENT GRuUP LLC 11760 SW 92ND AVE PO BOX 230635 PORTLAND, OR 97223 TIGARD,OR 97281 1S135DC-06100 1S135DC-06800 MCCORMACK STACEY L PANTALEON ERNESTO NIETO& 11690 SW 92ND AVE FIGUEROA ESPERANZA N TIGARD, OR 97223 11630 SW GREENBURG RD TIGARD,OR 97223 1S135DC-06200 1S135CA-02301 MEDINA VICTOR GANDARA PETERSON GEORGIA V 11670 SW 92ND AVE 11487 SW 95TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1 S135DC-02602 1S135DC-06700 MENDOZA URIEL CONTRERAS& PHAM LUONG G&VERONICA J CONTRERAS MARIA SOLEDAD& PO BOX 23126 MAGANA JAVIER MENDOZA TIGARD,OR 97281 11645 SW GREENBURG RD TIGARD,OR 97223 1S135CA-02303 1S135CA-02304 MICKEL TOM 0&JUDITH A PICON-UZCATEGUI MARIA JULIANA 10261 SW STUART CT 11500 SW GREENBURG RD TIGARD, OR 97224 TIGARD,OR 97223 1 S135DB-05901 1S135CD-00300 MIDDAUGH CHRISTOPHER L& PIRONI LLC MIDDAUGH PAULA R 900 SE 13TH AVE 11475 SW 94TH AVE PORTLAND, OR 97214 TIGARD, OR 97223 191350C-03500 1S13500-00101 MONTGOMERY DEANA S&CORY L PRICE JENNIFER D 11680 SW 95TH AVE 11555 SW 95TH AVE TIGARD, OR 97223 TIGARD,OR 97223 1S135DC-06500 1S1350C-05600 MUNOZ JESUS&OLIVIA RUFENER BRENT L&MICHELLE L 11665 SW 92ND AVE 10324 SW LADY MARION DR TIGARD, OR 97223 TIGARD,OR 97224 1S135CD-13200 1S135CD-10800 MUSANTE ROBERT R&MARYALICE SARJADI OSCAR& 9635 SW PIHAS ST SETIADY ELLEN TIGARD, OR 97223 11688 SW NACIRA PL TIGARD,OR 97223 151 35C D-03300 1 S 135 DC-05200 ORR KAREN&LYNART SMITH MAHLON 9660 SW LEWIS LN 11830 SW 95TH AVE TIGARD,OR 97223 TIGARD,OR 97223 • 1S1354-09200 . 1S139 0-14500 SOLERA LLC TIGAR I OF 9200 SW NIMBUS AVE 13125 LL BLVD BEAVERTON, OR 97008 T RD,OR 7223 1S 5CA-0930' 1 S135DC-06300 SOL ' C VANWORMER IDA M 9200 '') • IMBUS AVE 22005 NW RUSSELL CREEK RD •VERTO OR 97008 YAMHILL, OR 97148 1S135DC-08600 1S135CD-00201 SPECIALIZED HOUSING INC VELONI RICHELE A 4140 SW 109TH AVE 5835 SE 52ND BEAVERTON, OR 97005 PORTLAND, OR 97206 1S135C0-14200 1S1 0-00200 STAN ETHEL M LIVING TRUST VELO I LE A BY JANET M RUTHERFORD TR 5835 D 11785 SW 95TH P TLAND, 97206 TIGARD,OR 97223 1S135CD-03200 1S135CD-01701 STEWARD SAMUEL A&LINDA K VEZEY CHERYL ANN 9630 SW LEWIS LN PO BOX 230299 TIGARD,OR 97223 TIGARD,OR 97281 1 S135DB-04800 1S135DC-02000 STRONG ROXANN SNYDER VILLA LA PAZ LIMTED PARTNERSHIP 11465 SW 92ND AVE BY COMMUNITY PARTNERS FOR TIGARD, OR 97223 AFFORDABLE HOUSING INC PO BOX 23206 TIGARD,OR 97281 1 S135DC-08500 1 S135CA-02200 TEODORSKI PHILIP VILLARREAL VICTORIA L& 11510 SW 92ND AVE VILLARREAL MAURICIO S TIGARD,OR 97223 11405 SW 95TH AVE TIGARD,OR 97223 1 S135DC-03600 1S135CD-14000 THOMAS DARWIN WAGNER MARK J&PAMELA D 6715 NE 63RD ST#103-264 9610 SW PIHAS SQUARE VANCOUVER,WA 98661 TIGARD,OR 97224 1 S 135 DC-05900 1 S 135 DC-06400 THOMAS MAXINE L WEYRAUCH LORRAINE D AND GLENN W 6535 SW CANYON CT 11585 SW GREENBURG RD PORTLAND,OR 97225 TIGARD,OR 97223 1St 5DC-0300 1S135DB-05900 TIGA OF WILLIAMS CHRIS T&DANIELLE L 1312 ALL BLVD 11550 SW GREENBURG RD TI ARD,OR 7223 TIGARD,OR 97223 1 S135DC-03800 . WINTERS JOHN W 11590 SW 95TH AVE TIGARD,OR 97223 1 S135DC-03700 WI RS J N W 11590 95TH AVE T RD, 97223 1S 5DC-03200 WINT •HN W 115•: • THAVE ARD, OR '7223 1 S 135CD-02801 WIRKKALA KRISTINE 16530 SE HAIG DR PORTLAND, OR 97236 • Nathan and Ann Murdock Mildren Design uloup PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 ` Tigard, OR 97224 I CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:\curpin\setup\labels\CIT East.doc) UPDATED: 6-Aug-07 IMP AFFIDAVIT OF MAILING I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard,Washington County,Oregon and that I served the following: {ac&Appropwe Box(s)&bw} © NOTICE OF DEQSION FOR MLP2008-00007/VAR2008-00023- AGNESSE PARTITION (Fae No./Name Reference) AMENDED NOTICE 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 September 29,2008,and deposited in the United States Mail on September 29,2008,postage prepaid. (Person that Pre•.i : otice) STATE OF OREGON County of Washington ss. City of Tigard `' Subscribed and sworn/affirmed before me on the lJ day of 1) 1-- ,2008. OFFICIAL SEAL SHIRLEY L TREAT 1 `�' NOTARY SI N 41877 OREGON NOTARY P C OF OREGON COMMISSION NO.418777 MY COMMISSION EXPIRES APRIL 25,2011 My Commission Expires: 412-51 I, EXHIBIT A . NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2008-00007 AGNESSE PARTITION 120 DAYS =12/13/2008 SECTION I. APPLICATION SUMMARY FILE NAME: AGNESSE PARTITION CASE NOS: Minor Land Partition(MLP) MLP2008-00007 Adjustment (VAR) VAR2008-00023 PROPOSAL: The applicant is requesting approval to partition an approximately .49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel 2 is proposed to be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests approval for an Adjustment to use existing trees as street trees. APPLICANT/ Philippe Agnesse APPLICANT'S Harris-McMonagle Associates,Inc. OWNER P.O.Box 230635 REP: Attn:Steve Bloomquist Tigard, OR 97281 8740 SW Scoffins Street Tigard,OR 97223 ZONING DESIGNATION: R-4.5: Low DensityResidential 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: 11640 SW 95th Avenue;Washington County Tax Map 1S 135DC,Tax Lot 03300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP200 8-00007/AGNESSE PARTITION PAGE 1 OF 20 • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION , ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to final plat approval, the applicant shall submit a tree and landscape protection plan that clearly identifies existing trees and major vegetation to remain (both on and off-site), and the methods that will be used to protect them. The tree and landscape protection plan shall include a signature of approval from the project arborist. 2. Prior to final plat approval, the applicant shall submit a revised street tree plan consistent with the City Arborist's comments on tree species, location, and spacing and include a note on the plans to the effect that slight variations in placement may be required due to driveways,utilities,etc.,but every attempt will be made to keep the same net number of street trees that are shown on the plans. 3. Prior to final plat approval, the applicant shall submit a landscape plan showing a six-foot screen along the southern property line in accordance with Section 18.745.050. 4. The applicant shall submit a revised preliminary plat showing the visual clearance areas as determined in Section 18.795.040, where the area is described as a triangle 30-feet deep along the centerline of the access way and 30 feet each side of the centerline along the right-of-way line. 5. Prior to final plat approval for Parcel 2, the applicant/owner shall record a deed restrictions for each lot to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arbonst. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. The applicant shall ppre are a cover letter and submit it, along with any su ortin documents and/or plans that address the Iollowin requirements to the ENGINEERING DEPARTMENT, ATTN: M MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 6. A Public Facility Improvement (PFI) permit is required for this project to cover utility laterals and any other work in the public nght-of-way. Six 6 sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NO these plans are in addition to any,drawings required by the Building' Division and should only include sheets relevant public improvements. Public Facility Improvement (PH) permit plans shall conform to City of Tigard Public improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 7. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designates s 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. 8. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. 9. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). 10. Prior to final plat approval,the applicant shall plant street trees along the frontage of SW 95th Avenue. NOTICE OF DECISION ML.P2008-00007/AGNESSE PARTITION PAGE 2 OF 20 • 11. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW 95th Avenue adjacent to the subject property,when any of the following events occur: A when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, G when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property,or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 12. The applicant shall obtain approval from the City of Tigard for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. A plan for disposal of the storm water runoff from the proposed house on Lot 2 shall be provided as part of the Public Facility Improvement (PH) permit drawings for review and approval. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 13. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system(GPS) geodetic control network(GC 22) as recorded in Washington County survey records. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the 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. 14. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians,at (503) 639-4171,ext.2421). O 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. 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. E. After the City and County have reviewed the final plat,submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall repare a cover letter and submit it, alon with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 15. Prior to any site work, the applicant shall ensure all proposed tree protection fencing is installed and inspected by the City Arborist.Fencing shall remain in place through the duration of home bui.ding. After approval from the City Arborist,the tree protection measures may be removed. NOTICE OF DECISION MIP200 8-00007/AGNESSE PARTITION PAGE 3 OF 20 16. The applicant shall protect all trees and major vegetation to be retained with five or six (5'- 6) foot high chain link fences. Fences are to be mounted on two inch diameter galvanized iron posts,driven into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 17. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal.shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arborist may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. This note shall be included on the Tree Protection Plan. 18. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from imtial tree protection zone (1PZ) fencing installation through the building construction phase. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced then the Project Arbonst shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arbonst at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. 19. Prior to issuance of building permits, the applicant or builder shall submit site plan drawings indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in buLding the structures. All proposed protection fencing shall be installed and inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. 20. Prior to issuance of building permits,the applicant shall demonstrate the building height and setbacks for Parcel 2 are consistent with Section 18.730.020.E 21. Prior to issuance of building permits, the applicant shall submit a letter to the City from Tualatin Valley Fire & Rescue (TVF&R) demonstrating that the existing fire hydrant is capable of providing the necessary fire flow demand. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: XIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 22. Prior to issuance of building permits,the applicant shall provide the Engineering Department with a paper copy of the recorded final plat. 23. The City Engineer may determine the necessity for,and require submittal and approval of,a construction access and parkng plan for the home building phase. If the CatyEngineer deems such a plan necessary,the applicant shall provide the plan prior to issuance of building permits. 24. Prior to a final building inspection, the applicant shall complete the required public improvements, obtain conditional acceptance from the City,and provide a one-year maintenance assurance for said improvements. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 4 OF 20 25. The applicant shall either place the existing overhead utility lines along SW 95th Avenue underground as a part of this project,or they shall contact Mike McCarthy to determine if they will be allowed to pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is allowed, the amount will be $3,144 and it shall be paid prior to issuance of building permits. 26. During issuance of the building permit for Parcel 2,the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by Clean Water Services (CWS). PRIOR TO FINAL INSPECTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: The applicant shall repare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 27. Prior to final inspection for Parcel 2, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properlyplanted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. 28. Prior to final inspection for Parcel 2, a legible address shall be placed at the foot of the drive leading to the residence. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Property History: The subject site consists of a single lot located within the City of Tigard. The property is designated Low-Density Residential on the Tigard Comprehensive Plan Map. The subject lot was developed with a single-family dwelling in 1946. No land use approvals were found on file. Site Information and Proposal Description The subject parcel is zoned R-4.5 and is surrounded by land zoned R-4.5. The applicant is requesting approval to pa tition an approximately.49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and 1 arcel 2 is proposed to be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests an adjustment to use existing trees as street trees on SW 95th Avenue. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providin them an opportunity to comment. One written comment was received from neighbors Paul and Toni Kane in which they express concern for the safety of their house with respect to an oak tree in the vicinity of the proposed access for Parcel 2. They also request a 6-foot cyclone privacy fence along the property line/easement. RESPONSE: The arborist report submitted with the applicant's application lists the subject Oregon White Oak (# 1560) as 40 inches in diameter and in good condition. The applicant will be required to pave the access drive to the proposed Parcel 2 which is within two feet of the tree. The applicant will be required (Condition# 1) to provide tree protection measures during construction to prevent injury to the oak. Condition #3 requires 6-foot screening for privacy when the access way is within 10 feet of an adjacent property. NOTICE OF DECISION ML.P200 8-00007/AGNESSE PARTITION PAGE 5 OF 20 SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Variances and Adjustments (18.370): Adjustments to landscaping requirements (Chapter 18.745). Adjustment to use existing trees as street trees. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the use of existing trees to meet the street tree requirements in Section 18.745.030 providing there has been no cutting and filling around the tree during construction which may lead to its loss, unless the following can be demonstrated (1) The ground within the drip-line is altered merely for drainage purposes; and (2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. The applicant proposes using two existing 40-inch caliper Oregon White Oak trees numbered 1559 through 1560 on the Tree Protection Plan Sheet 4 of 6) along the 95th Avenue frontage and the access for proposed Parcel 2 to partially meet the street tree requirement. The City Arborist recommends granting the adjustment and the City Development Review Engineer finds no conflicts with potential street improvements. Therefore, the trees are eligible for the adjustment and may be approved. To date, no site work has occurred to disturb the trees. The applicant will be required to implement tree protection measures during development as a condition of approval of this land use decision,consistent with this standard. Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: 1 If the location of ac proposed tree would cause potential problems with existing utility lines; 2 If the tree would cause visual clearance problems; or 3 If there is not adequate space in which to plant street trees. The City's Development Review Engineer has found that the existing trees would not cause any potential problems with existing utility lines. Any conflicts will be addressed by the applicant's arborist at the time of development. The existing trees are located outside of the visual clearance area for the Parcel 2 access on SW 95± Avenue. The trees proposed for use as street trees are variously spaced leaving room for approximately three additional trees,pursuant to the street tree spacing standards in 18.745.040.C. FINDING: The proposed existing trees meet the applicable street tree adjustment criteria,as shown above. Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of conditions of development approval. Provided all necessary conditions are satisfied as part of the development and building process,this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, staff finds that adequate public facilities are available to serve the proposal. Therefore,this critenon is met. All proposed improvements meet City and applicable agency standards;and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the ermit process and during construction, at which time the appropriate review authority will ensure that City and p applicable agency standards are met. Based on the analysis in this decision,Staff finds that this criterion is met. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 6 OF 20 All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcels 1 and 2 are 75 feet and 90 feet in width,respectively. Therefore,this criterion has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot,the accessway may not be included in the lot area. The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached single-family units. The proposed partition creates two lots (not including the accessway) that are 8,979 square feet and 10,615 square feet.Therefore,this criterion has been met. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. The proposed partition plat (Sheet 3 of 6) illustrates that the proposed parcels meet this standard as Parcel 1 has 75 feet on SW g5 Avenue and-Parcel 2 has a 15-foot access through an access easement on SW 95 Avenue. Setbacks shall be as required by the applicable zoning district. Setbacks for the R-4.5 zoning district are as follows: front = 20 feet; side = 5 feet, flag lot side = 10 feet; side on a corner = 15 feet, and rear =15 feet. The applicant has included building envelopes (Sheet 3 of 6) for each parcel demonstrating that the required setbacks couldbe met. Setback standards for the proposed lots will be reviewed at the time of building permit submittal.Therefore,this criterion is met. When the partitioned lot is a flag lot,the developer may determine the location of the front yard,provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. A flag lot is proposed for Parcel 2. The building envelopes shown on the preliminary plan identifies the south side as the front with 10 foot side yards to the east and west,consistent with this standard. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed 15-foot access drive for Parcel 2 is shown on the Preliminary Plat (Sheet 3 of 6) as being located within 10 feet of the adjacent property. The applicant's Preliminary Plat includes a note calling for a board on board 6-foot high good neighbor wood fence along the property line consistent with this standard. To ensure this standard is met, the applicant shall submit a revised preliminary plat showing a privacy screen along the southern property line in accordance with Section 18.745.050. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The fire district ('TVF&R) has reviewed the proposal and provided the following comment: "The minimum available fire flow for sin le-family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structures is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC reqAppendix B. (IF C B105.1) The nearest fire hydrant as shown on the submitted drawings must be able to provide the uired fire flow demand." Therefore, as a condition of approval, the applicant shall submit a letter to the City from TVF&R demonstrating that the existing fire hydrant is capable of providing the necessary fire flow demand. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 7 OF 20 The applicant does not propose any common drives.Therefore,this standard does not apply. Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Circulation. This standard is addressed under Chapter 18.705 (Access,Egress and Circulation) later in this decision. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The subject lot is located between elevations 204 and 209 feet and is approximately 1,500 feet north of the one-hundred-year floodplain at elevation 155 feet. Therefore,this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. The applicant has applied for an Adjustment to the street tree standard which is being processed concurrently, consistent with this standard. FINDING: The proposed minor land partition meets,or can meet,all of the relevant standards of the land partition section as indicated in the above findings and required in the following conditions of approval. CONDITIONS: The applicant shall submit a revised landscape plan showing a screen along the southern property line in accordance with Section 18.745.050. The applicant shall submit a letter to the City from TVF&R demonstrating that the existing fire hydrant is capable of providing the necessary fire flow demand. Residential Zoning Districts (18.510): Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2- DEVELOPMENT STANDARDS IN RESIDENTIAL Z ONES STANDARD R-4.5 Parcel 1 Parcel 2 Minimum Lot Size - Detached unit 7,500 sq.ft. 8,979 sq.ft. 10,615 sq.ft. - Duplexes 10,000 sq.ft. -Attached unit Average Minimum Lot Width - Detached unit lots 50 ft. 75 ft. 90 ft. - Duplex lots 90 ft. -Attached unit lots Maximum Lot Coverage - NA NA Minimum Setbacks - Front yard 20 ft. 26 ft. Per - Side facing street on corner&through lots 15 ft. NA Bldg. - Side yard 5 ft. 9/26 ft. Permit - Rear yard 15 ft. 55 ft. Review - Side or rear yard abutting more restrictive zoning district -- - Distance between property line and front of garage 20 ft. -Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. Maximum Height 30 ft. <30 ft. 25 ft. Minimum Landscape Requirement - NA NA NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 8 OF 20 FINDING: The proposed lots meet the applicable development standards for the R-4.5 zone. One flag lot is proposed for Parcel 2. This lot will be subject to the Building Heights and Flag Lots standards 18.730.020.0),which are addressed below in the Exceptions to Development Standards section of this ecision. No specific development is proposed at this time. The building envelopes shown on the Preliminary Plat (Sheet 3 of 6) indicate the development standards can be met. Any proposed development of the subject lots will be reviewed for consistency at the time of building permit application. Access,Egress and Circulation(18.705): Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. The standards of this chapter will be a continuing obligation on the owners of these parcels. 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 proposes to retain the existing driveway for the existing house and to provide an additional driveway for the second lot. Both driveways provide access to SW 95th Avenue,a local street. 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 95th Avenue is classified as a local street. Therefore,this criterion does not apply. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of 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 property is not located on a collector or arterial and is not constructing a local street; therefore this standard does not apply. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, eases or contracts to establish the joint use; and copies of the deeds, easements,leases or contracts are placed on permanent file with the City. Joint access is not proposed. Access across Parcel 1 for the benefit of Parcel 2 is proposed. An access easement will be required. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. All proposed lots will have direct access onto SW 95th Avenue,consistent with this standard. Minimum access requirements for residential use. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. NOTICE OF DECISION MI.P2008-00007/AGNESSE PARTITION PAGE 9 OF 20 • Parcel 1 will maintain its existing driveway with direct access to SW 95th Avenue. Parcel 2 is provided access to SW 95th Avenue through an easement across Parcel 1. Comments received from Tualatin Valley Fire and Rescue do not take issue with the proposed access.Therefore,this standard is met. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following:a) A circular,paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b) A hammerhead-configured,paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%. The length of the access drive to Parcel 2 is shown on the Preliminary Plat as approximately 118 feet. Therefore, this standard does not apply. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions; or provide inadequate access for emergency vehicles; or cause hazardous conditions to exist which would- constitute a clear and present danger to the public health, safety, and general welfare. SW 95th Avenue is a local street serving a low density residential neighborhood. There is no reason to restrict the location of the proposed driveways.Therefore,this standard does not apply. FINDING: The standards of the Access Management chapter have been satisfied. Density Computations (18.715): A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal descnption of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. 4. All land proposed forpnvate streets;and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre,divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The subject parcel is .49-acres in size. There are no sensitive lands and no dedications for public parks or public or private nghts-of-way for the subject proposal. The applicant pro_poses .20-acres for Parcel 1 to contain the existing dwelling. Parcel 2 would then be .29-acres in size, less .04 acres for the access pole of the created flag lot, or 10,890 square feet. The minimum lot size for the R-4.5 zone is 7,500 square feet. Therefore, the maximum additional number of lots is one (10,890 square feet/7,500 square feet/unit = 1.45 units). The minimum number of additional lots, at 80 percent, is one. The proposed partition creates two (2) separate parcels, consistent with the density requirements. FINDING: Based on the analysis above,the Density Computation Standards have been met. Environmental Performance Standards (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. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 10 OF 20 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 resu[ts 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- ) 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; 1J 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, it is anticipatec that 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. Exceptions To Development Standards (18.730): Building Heights And Flag Lots (18.730.020.C): Limitations on the placement of residential structures on flag lots apply when a flag lot is created after April 15, 1985 by an approved partition. The maximum height for an attached or detached single-family, duplex, or multiple-family residential structure on a flag lot or a lot having sole access from an accessway, private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less, provided: • The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; • A 10 feet side yard will be preserved; • A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and • Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. Where an agreement is made to plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Section 18.390.030 D. The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review, for three or more attached units or a multiple-family residential structure, or, at the time of issuance of building permits, for single detached units, one duplex or two attached residential units. NOTICE OF DEQSION MLP2008-00007/AGNESSE PARTITION PAGE 11 OF 20 FINDING: The applicant has shown in the Preliminary Plat (Sheet 3 of 6) that 10-foot side yards will be preserved on Parcel 2 a flag lot. It appears that Ken's Condos located on the adjacent parcel to the east is within 50 feet from the building envelope of Parcel 2. Therefore,the flag lot height limitation may apply to proposed Parcel 2. However, the setbacks must be confirmed at the time of building permit review. To ensure this standard is met,the applicant shall demonstrate the building height is consistent with the Section 18.730.020.E CONDITION: Prior to building permits, the applicant shall demonstrate the building heights and setbacks for Parcel 2 are consistent with Section 18.730.020.E Landscaping and Screening (18.745): Existing vegetation on a site shall be protected as much as possible: 1) The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2) the plants to be saved shall be noted on the Fandscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees. The applicant plans on retaining all but one of six trees on the subject parcel. The applicant's Preliminary Grading and Tree Protection Plan (Sheet 4 of 6) shows tree protection fencing for these trees. To ensure.tree protection is adequate, the applicant shall submit a revised plan which includes a signature of approval from the project arborist. Street Trees: Section 18.745.040 Section 18.745.040.A: All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040E If existing trees 1559 and 1560 are accepted as street trees,then the applicant is required to plant three additional trees along the private drive and one additional tree along SW 95th Avenue. The applicant's Preliminary Grading and Tree Protection Plan (Sheet 4 of 6) shows appropriate spacing and size of street trees along the pnvate drive. The plan shall be revised to show the additional tree along SW-95th Avenue as noted on the plan. The proposed spacing would require one small stature tree on the west side of the private drive, and two large stature trees on the east size of the pnvate drive. The City Arborist recommends planting Cascara (Rhamnus puishiana) on the west side of the private drive and Oregon Oaks (Quercus garryana) on the east side of the pnvate drive. Both are native to the Portland area and would complement the existing native trees well. It is acceptable for them to include a note on their street tree lan that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. Buffering and Screening Requirements: Section 18.745.050.5 The proposed land partition occurs on a parcel surrounded by the same land use designation (R-4.5) as the subject parcel. Therefore, no buffering or screening pursuant to Section 18.745.050.A is required for the proposed land partition. However,as conditioned above,privacy screening is required pursuant to Section 18.420.050.A.4.f. FINDING: The landscape and Screening standards have not all been met. However, with conditions of approval requiring protection of existing vegetation and planting of street trees the criteria can be met. CONDITIONS: • The applicant shall submit a revised tree and landscape protection plan that clearly identities existing trees and major vegetation to remain (both on and off-site), and the methods that will be used to protect them. The tree and landscape protection plan shall include a signature of approval from the project arborist. • The applicant shall submit a revised street tree plan consistent with the City Arborist's comments on tree species, location, and spacing and include a note on the plans to the effect that slight vanations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 12 OF 20 Off-Street Parking And Loading Requirements (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. FINDING: The proposed project will create one new lot for single-family construction. Submittals of detailed plans for the construction of a new dwelling 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 limit mit on parking allowed for detached singlee-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. Staff finds that with the lot size and setback requirements,ample off-street parking will be available,consistent with this standard. Tree Removal(18.790): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has provided a Tree Assessment dated July 11,2008 and a Preliminary Grading.and Tree Protection plan (Sheet of 6) by Kay Kinyon, a certified arborist. The Assessment and Plan inventory the existing trees on the subject site,those proposed for removal, and indicates root protection zones (RPZ). However,the application did not provide tree protection measures and practices. The report indicates that 1 of 6 regulated trees (over 12" non-hazardous and non-fruit bearing) will be removed. This represents 85% retention. Therefore,the applicant is not required to mitigate. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. FINDING: Based on the analysis above, the Tree Removal Standards have not all been met. To ensure these standards are met,the applicant shall satisfy the following conditions of approval: CONDITIONS: • The applicant shall rotect all trees and major vegetation to be retained with five or six (5' - 6'J foot high chain link fences. Fences are to be mounted on two inch diameter galvanized iron posts, driven into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The applicant shall osition fencing as directed by the pprotect arborist to protect e trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. • If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved bythe City Arborist before proposed work can proceed within a tree protection zone. The City Arbonst may require changes prior to approval. The project arbonst shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. This note shall be included on the Tree Protection Plan. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 13 OF 20 • Prior to issuance of building permits, the applicant or builder shall submit site plan drawings indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing, and a signature of approval from the project arbonst regarding the placement and construction techniques to be employed In project the structures. AIl proposed protection fencing_shall be installed and inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. • Prior to final inspection for Parcel 2, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. • The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arbonst, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (1PZ) fencing installation through the building construction hases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced,then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted to the City Arbonst at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arbonst. • Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. Visual Clearance Areas 18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight(8) feet in height. Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by measuring from the corner, 30-feet along the right-of-way and along the driveway and connecting these two points with a straight line. FINDING: The applicant's Preliminary Partition Plat (Sheet 3/6) shows a vision clearance area for the proposed access to Parcel 2. However, the triangle area is inconsistent with this standard. Therefore, with the following condition of approval, the proposed partition can meet the standard. CONDITION: The applicant shall submit a revised preliminary plat showing the visual clearance areas as determined in Section 18.795.040, where the area is described as a triangle 30-feet deep along the centerline of the access way and 30-feet each side of the centerline along the right-of-way line. Impact Study(18.390): Section 18.360.090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:respect OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 14 OF 20 Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real roperty dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires tide transfer to the public of an interest in real property,the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study. SW 95th Avenue is currently unimproved. In order to mitigate the impact from this development, the applicant will provide a future improvement guarantee for improvements to the SW 95t Avenue frontage. The applicant will be extending sanitary sewer and storm drainage connections to the additional proposed lot to account for the additional impervious area being added to the site and to mitigate for the loss of the present septic drain field. Sewer is already available and has sufficient capacity to serve the development. Other impacts to public facilities are offset by the collection of Systems Development Charges (SDC's) collected at the time of building permit issuance. Therefore,this standard can be satisfied through meeting conditions of approval required in this decision. The TIF will be paid at the time of building permits and is a mitigation measure required for new development. Based on Washington County figures,TIF's are expected to recapture 20 percent of the traffic impact of new development on the Collector and Arterial Street system. The TIF for the proposed development is $3,822 (1 new dwelling units x $3,822/per dwelling unit). Based on the estimate that TIF fees cover 20% of the impact on major street improvements citywide, a fee that would cover 100% of this project's traffic impact is $19,110 ($3,822 _0.20). The difference between the TIF paid and the full impact is considered the unmitigated- impact on the street system. The unmitigated impact of this project on the transportation system is $15,288 $19,110 - $3,822). As adjacent portions of SW 95th Avenue are unimproved and the proposal is a residential land partition, the applicant has been conditioned to enter into a future street improvement agreement for SW 95th Avenue. Based on this analysis,the mitigated costs meet the rough proportionality test. PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and 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 54 foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting,storm drainage,and street trees. This site lies adjacent to SW 95th Avenue,which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of right-of-way from centerline, according to the most recent tax assessor's map. No additional right-of-way is required. SW 95th Avenue is currently improved with a 20-foot paved width from centerline. The street frontage along the site and adjacent parcels is without curbs and sidewalks. In order to mitigate the impact from this development, the applicant should plant street trees and enter into a future streets improvement agreement for the remaining improvements. NOTICE OF DEQSION MLP2008-00007/AGNESSE PARTITION PAGE 15 OF 20 Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. 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 tie 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 property is surrounded by existing residential development. There are no opportunities or needs for future streets or extensions of streets through this property. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regar&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. The subject site is located within a block bounded by SW Greenburg Road, SW 95th Avenue SW 91St Avenue, SW Lincoln Street, and SW Commercial Street. This block perimeter is approximately 4,500 feet in length. However,since no new streets are being created with this partition,this standard does not apply. 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 notpossible. 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. The proposal does not include any new streets. The proposed parcels are surrounded by existing residential development. Therefore,this standard does not apply. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. NOTICE OF DECISION MLP200 8-00007/AGNESSE PARTITION PAGE 16 OF 20 All proposed lots are less than 1.5 times the minim lot size and are therefore,exempt from this standard. 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. The proposed development is a minor land partition. Parcel 1 has 75 feet of frontage on SW 95th Avenue. Parcel 2 gains access from a proposed 15-foot access easement across Parcel 1,consistent with this standard. 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 shall enter into a future street improvement agreement for SW 95th Avenue, which will include public sidewalks,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 Tor 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 compre hensive 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 a public sewer line located in SW 95th Avenue and a lateral that serves the existing home. The applicant's plans show a proposed lateral from the existing sewer to serve the proposed parcel. 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 Salutary and Surface Water Management(as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainageways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and 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 toFanno Creek For those developments adjacent to Fanno Creek,the storm water runoff will be permitted to discharge without detention. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 17 OF 20 • The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quantity facility to accommodate detention of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the Cit adopted pedestrian/bikeway plan shall include provisions for theture extension of such bikeways through the dedication of easements or right-of-way. SW 95"Avenue is not classified as a bicycle facility. Utilities: Section 18.810.120 states that all utility lines, but not limited to those requited 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 existing overhead utility lines along the frontage of SW 95th Avenue. If the fee in-lieu is proposed,it must be approved by Mike McCarthy and it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 89.83 lineal feet;therefore the fee would be$3,144. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safety: Tualatin Valley Fire and Rescue (South Division) [Contact:John Dalby, 503-356-4723] provides fire protection services within the City of Tigard. There is an existing hydrant on the southwest corner of SWLewis Ln. and SW 95'"Avenue. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants,or other requirements. Public Water System: Water service is provided by the City of Tigard. The applicant proposes to continue to use the existing service for lot 1 and install an additional service from the existing main in SW 95'Avenue. NOTICE OF DECISION MLP2008-00007/AGNESSE PARTITION PAGE 18 OF 20 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. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other polFutants 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. An Erosion Control Plan must be submitted with the PFI Permit application for review and approval. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City.of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City pnor to final plat approval.. Survey Requirements The applicant's final.plat shall contain State Plane Coordinates AD 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 gnd measurements and the angle from north to gnd 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 or 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 VI. OTHER STAFF COMMENTS The City of Tigard Police Department commented on the proposed partition requesting a monument marker be placed at the foot of the drive leading to the residence on proposed Parcel 2. A condition of approval shall require the marker. City of Tigard Public Works Department reviewed the proposal and has no objection to it. City of Tigard Arborist has reviewed the proposal and the applicant's tree removal plan conducted by a certified arborist,Kay Kenyon. The report does not contain all four of the required components, and,is therefore,unacceptable. A revised arborist report that includes tree protection measures has been conditioned. The City Arborist comments have been included in the findings for the Landscaping and Screening and Tree Removal Chapters,above. SECTION VII. AGENCY COMMENTS Clean Water Services issued a Sensitive Area Pre Screening Assessment (CWS File Number 08-001937) which found that no sensitive area appear to be located within 200 feet of the subject site. NOTICE OF DEQSION MLP200 8-00007/AGNESSE PARTITION PAGE 19 OF 20 Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments in their September 25,2008 letter. Tualatin Valley Fire &Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is are) 3,600 square feet or larger,the required fire flow shall be determined according to IFC Appendix B. IFC B 105.1 PP ( ) The fire hydrant shown on the submitted drawings must be capable of supplying the required fire flow demand. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 29,2008 AND BECOMES EFFECTIVE ON OCTOBER 14,2008 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,Tligard,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 maybe submitted by any party during the appeal hearing,subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 13,2008. stions: If you have any questions, lease call the Ci of Tigard P . • • Division,Tigard City Hall, 13125 SW Hall Boulevard, Tigard,Oregon at (503) 6 4171 C,--0-1 -- September 29,2008 PREPARED BY: Gary Pagenstecher DATE Asspciate4'lirier .: _____,. '‘' )• --e.. September 29,2008 APPROVED BY: Richard Bewersdorff DATE Planning Manager is\curpin\gary\minor land panition\m1p2008-00007(Agnesse)\m1p2008-000027decision.doc NOTICE OF DEQSION MLP2008-00007/AGNESSE PARTITION PAGE 20 OF 20 9-' 11 H 1 I I I I I II 1 1 1 1 i I CITY of TIGARD jNORTH DAKOTA ST SI GEOGRAPHIC INFORMATION SYSTEM 111111 111111 MEM VICINITY MAP ME 1.1w .. 6 r 1111rc MEMO ME > MLP2008-00007 1117-111 4IP INI AGNESSE 1 _I_ = II I PARTITION Il ■ we I\ Lull _____D keg". 4lii NetiRG IVO LEGEND: 'ta j SUBJEC l j sI,1,E J I J LEWIS LN \ 1P4)� L • „,....4, ... • — ., ,___...., , 1 1 PIHAS PI HAS ST t ELA 4f)” / -,--1-,-_,"� "/rt 1/ _ •.,'1 j!'•_�-� l Lk -/-- '/MTRO- t / 4c/ 1 nA a Pi ■ i ■■ PEEF PENS R� W RO ■ TANGELA C 11', JI 63 -\\‘,.< Tigard Area tap [lL 1 DAVI N "Ii 1111 Z 0 60 160 240 320 400 Feat MI a°' f� Iw ,�� TIGARD Information on this map is for general location only and should be verified with the Development Services Division. S+I- ♦ i 13125 SW Hall Blvd C. Tigard,OR 97223 ` (503)639-4171 MF. . ,� httpl/www.ci.tigard.or.us R.+. „yam_ Community Development Plot date:Aug 27,2008;C:Imagic\MAGICO3.APR C iI PA PA I 1 I R6..�6r m1.! II I wuT....RIAw ....,.N.o OmProwq 6/ISM 166—.. 1 l ! 'I , II I I et WILDING fF le I 11 I SW 95TH AVENUE (EXISTING IMPROVEMENTS) I i i ND SLNF 0416T16e,l I I STY RAP .I 0 Syl I _ ! 1131 SW OEENBJtG RD S !I rN.Iw AvAlulal. r 11u MAP T/L 3001 JSOC 0 6,lulw YYY a mono-ow - Ipm R-4.3 1= I 115 SW RSf11 AVL ZONED R-{A Iw Y I Ir € TAX YAP IS--300C r....R1a Ilw.LL Actwo TA JZOD S ... Iwwar q[to�ACIw II..r to. mYYllmllt Cow VIM TILE ——.———1 IDlm R_43 • — u c l e/— - - son ax.i i ——— N 89 24'07 E 238.09' .�. ■•..1. 140.001 118.09' %Iw•�IYS--- A•.6�7w .Y. IlIVO� F „w, N,w,, , .� SW 95TH AVENUE (FUTURE IMPROVEMENTS) 1 r 0`k. l.._ I1e W xDS.� ^[ I . 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TO MOO -I 1 I SOLO oil 1 660 S.05,4 AVE _I FAA YAP 5-I-T50C I T/L Imo I 20Nm 5-4.5 20 40 I Ai,NOR LAND PAR'1'ION(11LP) — wales Amos s loW¢I.rwwrlo. Row HMC Harris-McMonag/e AONfSc5f PAR77770A/ -20' PHILIPPE AGNESSE our= Associates Inc. 1640 SW 95TH AVENUE mass RNw SNEPOAAT RO BOX YAMS 9KP TpARD, RE too Dal o.o® 1968 6TGINEER/AG-SUPWYAG n -PUNING RR ® -- AN' 8)40 SW.Sm/bD53beet rgvN,Oregon 97273 PRELIMINARY PLAT 3 _ -_- T (503)639-3453 Fax(503)639-1232 GENERAL CONDITIONS Q 6 sasuosso NR RATE �6/Z7/DB Philippe Agnesse MLP2008-00007/\ 2008-00023 P.O. Box 230635 AGNESSE PARTITION Tigard, OR 97281 EXHIBITC6 P&R Investment Group,LLC P.O. Box 230635 Tigard, OR 97281 Harris-McMonagle Associates Attn: Steve Bloomquist 8740 SW Scoffins Street Tigard, OR 97223 Paul and Toni Kane 11670 SW 95th Avenue Tigard, OR 97223 I I v, CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM W A AREA NOTIFIED I r 1 1..., N. _. 131330/11733 (5110') 0101301 - usc„ ti1,BA/731s Isus0005121 151351 �0���5147731-- - 111�� —11 laYNaNIN Is1as131s/11 FOR: Harris-McMonagle 151750006000 ____ p) suNNNN - r_ _131350105111 111350003600 10► F. 151350000202 Is135C000ID0 Gli' ■ . RE: 1S135DC, 3300 151350000300 AMNON 5. ,/ / 733131311111 151750311331 —_ I 7$1750043001 MI 1 5510001600 I oseoe eth 1311- 151350003500 151350003600 • ..� 1/1a5BCe31BB ' Property owner information 114 I 54135.14..,,�`, \ s175oco64oa� Is valid for 3 months from T I"""'�' LEW IS LN \\ \ 51350003005 �� the date printed on this map. \\\\\\�` 151351008311 d15133C0111N r ! 15135E1071N > 151350006500 1513513x331 Q IS175C437101 53107100 Np31NON CO Q' 751350011731 .;131350003300 151350003100 / 1 J \ Z 151350010800 35 13usoo3:e i313531107111 __.-_ - 3513517171 /006000 15135000760/ ^\ CT PIHAS ST 1113700' 151313143713 �. �/� / 131353011 I 13175COIa10101350013000 - -/--li-P►G E LA _- I 176/7 131350007711 I 151350003100 1/L�1N�V 1313500050 / I 11313 -rone'1111eh 15133/001131 all \ —� 31O31N31N 111•1•011 ItMOMS N 1317500 191350013800 3 0 151750014100 1317sE011108 W 131150014000 TANG E LA C "5"..311 _. `III ' ir151350002501 .� AIfN1N3M ti31NNiiN „N,M31M • CO 111( N t.] I•I.1 ,1 z I_ 151350007000 LO I31350004100 ) 0 100 200 300 Feet /VU 1'=240 feet ilhi■ . IIPCbAf gig F�r� _ !pi ,.. 41 ,„,, TIGAIiI) �� , /'► Information on this map is for general location only and 4111141* 7 should be Information t with the Development Services Division. 13125 SW Hall Blvd .. Tigard,63 97223 .41 -- _� http:// ,ci.i.tigard.or.us Community Development Plot date:Aug 13,2008;C:lmagic\MAGIC03.APR 1S135DC-64800 1S135DC-04700 ABOUT NICE HOMES LLC BROCKWAY STEPHEN H BY EARL ERNEST&ANN GUILE PO BOX 80155 9387 SW TANGELA CT PORTLAND,OR 97280 TIGARD,OR 97223 1 S 135C D-00100 1 S135D B-04901 ALVARADO MARTA M TRUSTEE BURRONE BARBARA J 38 HILL POINT AVE 11495 SW 92ND AVE SAN FRANCISCO, CA 94117 PORTLAND,OR 97223 1S135CD-13000 1S135CD-13100 ANDERSON KELCIE L CAO MY DUC& 9575 SW PIHAS ST NGUYEN LIEN THI PHUNG TIGARD, OR 97223 9595 SW PIHAS ST TIGARD,OR 97223 1S135DC-04600 1S135DC-04100 ANDOVER PROPERTIES LLC CHAPMAN RACHEL BY E ERNEST GUILE 11850 SW 95TH PO BOX 9702 TIGARD,OR 97223 DHAHRAN, SA 31311 1S135DC-06600 1S135DC-05300 AVILES JOSE ANTONIO COMMUNITY PARTNERS FOR AFFORDABL 155 N 1ST AVE PO BOX 23206 TIGARD,OR 97223 TIGARD,OR 97281 1 S 135C D-14100 1 S 135D B-04900 AZEVEDO VIRGINIA T&JAMES P CORTESE ANGELO& 9580 SW PIHAS ST CORTESE ROSINA A CO-TRS TIGARD, OR 97224 11856 SW 175TH AVE BEAVERTON,OR 97007 1 S 135 D B-05700 1 S 135CD-02500 BARNEY CHARLES R&CATHY L CORYELL JACK M SR/ALICE REV LIV 11450 SW 95TH AVE BY JACK M/ALICE 0 CORYELL TRS TIGARD,OR 97223 12675 SW 111TH PL TIGARD,OR 97223 1S1350C-05100 1S135DC-06000 BEDELL WINFIELD THOMAS TR& DALTON MARY M BEDELL KATHLEEN EVA TRUSTEE 11720 SW 92ND AVE 8322 CARSON CT TIGARD,OR 97223 WOODBURN,OR 97071 1 S135DC-05000 1S135CD-10700 BRINKLEY JEFF R& DAVID HAIM& BRINKLEY TRACY ANN GRINFAS-DAVID TAL J 15781 SW HIGHPOINT DR 11682 SW NACIRA PL SHERWOOD,OR 97140 TIGARD,OR 97223 1S 5DC-0490 1S135CD-03700 BRIN E EFF R&TRACY ANN DAW LAWRENCE D 1578 HIGHPOINT DR DAISY L S RWO ,OR 97140 11605 SW 95TH AVE TIGARD,OR 97223 • 1 S135CD-02900 1S135DB-06000 DOTSON JASON B/SUE D GALEANA EUNICE 9570 SW LEWIS LANE 11540 SW GREENBURG RD TIGARD,OR 97223 TIGARD,OR 97223 1 S135CD-00202 1 S135DB-04700 DRENNAN DAVID&JOAN GAVETT WESTON C&KERRY L PO BOX 23603 11435 SW 92ND AVE TIGARD,OR 97281 TIGARD,OR 97223 1 35C0-09200 1 S135CD-13900 DR A VID A&JOAN GILBERT JON&CORYNN PO B 3603 9640 SW PIHAS ST T ARD,0 97281 TIGARD,OR 97223 1S135DB-05000 1S135CD-14600 DYER HAROLD D&DEBRA J GREENBURG PINES HOMEOWNERS 3635 SW 144TH AVE ASSOCIATION BEAVERTON,OR 97005 PO BOX 91459 PORTLAND,OR 97291 1 S135DB-05100 1 35CD-14300 EATON DICK B&LINDA L GR NBU INES HOMEOWNERS 9625 SW LEWIS LN ASSO ION TIGARD,OR 97223 P X 1459 ORTLAN OR 97291 1 S135CD-03601 1 135CD-14700 EATON RICHARD B&LINDA L GR NBU PINES OWNERS OF 9625 SW LEWIS LN LOT TIGARD, OR 97223 1 S135DC-05500 1 S135DB-05300 ECKROTH GRANT D&TANYA M HARDT FREDERICK W III AND 11785 SW 92ND AVE GLORIA J TIGARD,OR 97223 11420 SW 94TH TIGARD,OR 97223 1 S 135CD-01600 1 S 135C D-00205 EMPKIE ROBERT L JR HASTING THOMAS D 13440 NW MILBURN ST SHARON M BEAVERTON,OR 97005 9555 SW LEWIS LA TIGARD,OR 97223 1 S135DC-05700 1 S135CD-03800 FARIS DAVID LYNN&KATRINA LYNN HASTING THOMAS D&SHARON M 11780 SW 92ND 9555 SW LEWIS LN TIGARD,OR 97223 TIGARD,OR 97223 1 S135DC-03100 1S135DC-03001 FITZGERALD MEGHAN M&JUSTIN M HUANG JIA-HWAY 11545 SW GREENBURG RD 1910 SE TALTON AVE TIGARD, OR 97223 VANCOUVER,WA 98683 1 S135DB-03600 6 1 S135DC-05400 HULME DAVID A&CASSANDRA M KONO KRISTI J 11480 SW 92ND AVE 11765 SW 92ND AVE TIGARD, OR 97223 TIGARD,OR 97223 1 S 1 35 D B-05200 1 S 135CD-03100 JAKOVICH JOHN D&MARY LOU KURTZ GAREY L 11450 SW 94TH 4929 SE TENINO DR TIGARD, OR 97223 PORTLAND,OR 97206 1 S135CD-10600 1 S135DB-05800 JOHNSON JIM W&DOROTHY E LABEAUX DAMIAN&YUKI 11676 SW NACIRA PL 11445 SW 94TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S135DC-02500 1 S135CD-02701 JOHNSTON MARIE L TRUST& LAWRENCE JUSTIN NANNINI SUZANNE M& 19311 NE 101ST AVE BAUER PATRICIA E BATTLEGROUND,WA 98604 11775 SW 91ST AVE TIGARD,OR 97223 1 S 135C D-03500 1 S 135C D-02702 JOY DANIEL J LEBEN ANNES&KOLOLINSE 6408 SE 61ST AVE 11715 SW 95TH AVE PORTLAND,OR 97206 TIGARD,OR 97223 1 S 135 DC-02600 1 S 135C D-03600 KAHALOA HERMAN P JR& LEWIS SEAN M&JANEL K CARRIE J 9595 SW LEWIS LN PO BOX 230642 TIGARD,OR 97223 TIGARD,OR 97281 1S1 35DC-03400 1 S135DC-08900 KANE PAUL E LIM MICHAEL S 11670 SW 95TH AVE 11635 SW GREENBURG RD TIGARD, OR 97223 TIGARD,OR 97223 1 S135DC-03000 1 S135DC-08800 KEN CONDO'S LLC LIM MICHAEL S&CARINA G 16835 SW IVY GLEN ST PO BOX 231064 BEAVERTON,OR 97007 TIGARD,OR 97281 1 S135CD-03000 1S135CD-13300 KIRK KENNA L&BRIAN A LONG DAVID 9580 SW LEWIS LN 9670 SW PIHAS ST TIGARD,OR 97223 TIGARD,OR 97224 1 S135CD-03400 1 S135CD-02800 KNEELAND JAMES H&DEBORAH L LUCAS CARMELITA MORALES 9690 SW LEWIS LN 9550 SW LEWIS LN TIGARD,OR 97223 TIGARD,OR 97223 1S135DC-b5800 1S135DC-03300 MAXWELL GERALD W&MELISSA S P&R INVESTMENT GROUP LLC 11760 SW 92ND AVE PO BOX 230635 PORTLAND,OR 97223 TIGARD,OR 97281 1S135DC-06100 1S135DC-06800 MCCORMACK STACEY L PANTALEON ERNESTO NIETO& 11690 SW 92ND AVE FIGUEROA ESPERANZA N TIGARD,OR 97223 11630 SW GREENBURG RD TIGARD,OR 97223 1 S 135 DC-06200 1 S 135CA-02301 MEDINA VICTOR GANDARA PETERSON GEORGIA V 11670 SW 92ND AVE 11487 SW 95TH AVE TIGARD, OR 97223 TIGARD,OR 97223 151350C-02602 1S135DC-06700 MENDOZA URIEL CONTRERAS& PHAM LUONG G&VERONICA J CONTRERAS MARIA SOLEDAD& PO BOX 23126 MAGANA JAVIER MENDOZA TIGARD,OR 97281 11645 SW GREENBURG RD TIGARD,OR 97223 1S135CA-02303 1S135CA-02304 MICKEL TOM 0&JUDITH A PICON-UZCATEGUI MARIA JULIANA 10261 SW STUART CT 11500 SW GREENBURG RD TIGARD, OR 97224 TIGARD,OR 97223 1 S 135 DB-05901 1 S 135C D-00300 MIDDAUGH CHRISTOPHER L& PIRONI LLC MIDDAUGH PAULA R 900 SE 13TH AVE 11475 SW 94TH AVE PORTLAND,OR 97214 TIGARD,OR 97223 1S135DC-03500 1S135C0-00101 MONTGOMERY DEANA S&CORY L PRICE JENNIFER D 11680 SW 95TH AVE 11555 SW 95TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S135DC-06500 1 S135DC-05600 MUNOZ JESUS&OLIVIA RUFENER BRENT L&MICHELLE L 11665 SW 92ND AVE 10324 SW LADY MARION DR TIGARD,OR 97223 TIGARD,OR 97224 1S135CD-13200 1S135CD-10800 MUSANTE ROBERT R&MARYALICE SARJADI OSCAR& 9635 SW PIHAS ST SETIADY ELLEN TIGARD,OR 97223 11688 SW NACIRA PL TIGARD,OR 97223 1 S135CD-03300 151350C-05200 ORR KAREN&LYNART SMITH MAHLON 9660 SW LEWIS LN 11830 SW 95TH AVE TIGARD, OR 97223 TIGARD,OR 97223 • • 1S135CA-69200 1S13 D-14500 SOLERA LLC TIGAR OF 9200 SW NIMBUS AVE 13125 LL BLVD BEAVERTON, OR 97008 T RD,OR 7223 1S 5CA-09301 1S1350C-06300 SOL • • C VANWORMER IDA M 9200 '0 • IMBUS AVE 22005 NW RUSSELL CREEK RD •VERTO ,OR 97008 YAMHILL,OR 97148 1 S135DC-08600 1 S135CD-00201 SPECIALIZED HOUSING INC VELONI RICHELE A 4140 SW 109TH AVE 5835 SE 52ND BEAVERTON,OR 97005 PORTLAND,OR 97206 1S135CD-14200 1S1 D-00200 STAN ETHEL M LIVING TRUST VELO I LE A BY JANET M RUTHERFORD TR 5835 D 11785 SW 95TH P TLAND, 97206 TIGARD,OR 97223 1S135CD-03200 1 S135CD-01701 STEWARD SAMUEL A&LINDA K VEZEY CHERYL ANN 9630 SW LEWIS LN PO BOX 230299 TIGARD,OR 97223 TIGARD,OR 97281 1S1350B-04800 1S135DC-02000 STRONG ROXANN SNYDER VILLA LA PAZ LIMTED PARTNERSHIP 11465 SW 92ND AVE BY COMMUNITY PARTNERS FOR TIGARD,OR 97223 AFFORDABLE HOUSING INC PO BOX 23206 TIGARD,OR 97281 1 S135DC-08500 1 S135CA-02200 TEODORSKI PHILIP VILLARREAL VICTORIA L& 11510 SW 92ND AVE VILLARREAL MAURICIO S TIGARD,OR 97223 11405 SW 95TH AVE TIGARD,OR 97223 1 S135DC-03600 1 S135CD-14000 THOMAS DARWIN WAGNER MARK J&PAMELA D 6715 NE 63RD ST#103-264 9610 SW PIHAS SQUARE VANCOUVER,WA 98661 TIGARD,OR 97224 1 S 135DC-05900 1 S 135 DC-06400 THOMAS MAXINE L WEYRAUCH LORRAINE D AND GLENN W 6535 SW CANYON CT 11585 SW GREENBURG RD PORTLAND,OR 97225 TIGARD,OR 97223 1St 5DC-0300 1S135DB-05900 TIGA OF WILLIAMS CHRIS T&DANIELLE L 1312 ALL BLVD 11550 SW GREENBURG RD TI ARD,OR 7223 TIGARD,OR 97223 1S135DC-b3800 WINTERS JOHN W 11590 SW 95TH AVE TIGARD, OR 97223 1S135DC-03700 WI RSJ NW 11590 95TH AVE T RD, 97223 1S 5DC-03200 WINT HN W 115 TH AVE T ARD,OR 7223 1 S 135C D-02801 WIRKKALA KRISTINE 16530 SE HAIG DR PORTLAND,OR 97236 Nathan and Ann Murdock Mildren Design Uroup PO Box 231265 Attn: Gene Mildren Tigard, OR 97281 7650 SW Beveland Street, Suite 120 Tigard, OR 97223 Sue Rorman Susan Beilke 11250 SW 82nd Avenue 11755 SW 114th Place Tigard, OR 97223 Tigard, OR 97223 Naomi Gallucci Dayle D. & Evelyn 0. Beach 11285 SW 78th Avenue 11530 SW 72nd Avenue Tigard, OR 97223 Tigard, OR 97223 Diane Baldwin 3706 Kinsale Lane SE Olympia, WA 98501 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CPO 4M Pat Whiting 8122 SW Spruce Tigard, OR 97223 CITY OF TIGARD - EAST INTERESTED PARTIES (i:lcurpinlsetupllabels\CIT East.doc) UPDATED: 6-Aug-07 Patty LUnsford From: Patty Lunsford Sent: Friday, August 15, 2008 8:41 AM To: 'Steve Bloomquist' Subject: RE: 11640 SW 95th Labels Status Request Hi Steve, I'm sorry, I was out of the office yesterday. Your request is ready to be picked up. The cost is $39.00. I will leave your request in the usual place in "will-call" under Harris-McMonagle. Any questions, please call me. Best regards, Patty Lunsford (503.718.2438) Administrative Assistant City of Tigard - Current Planning From: Steve Bloomquist [mailto:Steve @h-mc.com] Sent: Thursday, August 14, 2008 3:00 PM To: Patty Lunsford Subject: 11640 SW 95th Labels Status Request Patty, Hey. Just checking in to see if the 2 sets of labels will be ready today. I will be leavgin the office shortly and wanted to stop by if possible. Thanks Steve Bloomquist Harris McMonagle 503-639-3453 steveh-mc.com Aug. 13. 2008 9:22AM HARRIS MCMONAGLE ASSOC No. 4545 P. 2 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 111 -01 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 PHONE: 503-639-4171 FAX: 503-624-3681 (Attn: Patty/Planning) EMAIL: pAtu@rigatd-or.gov T I GAR D REQUEST FOR 500-FOOT PROPERTY OWNER MAILING LIST Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP at,TAX LQT NI LMBF.RS (i.e. 1S134AB,Tax Lot 00100) OR THE AD.DRESSES FOR ALL PROJECT PARCELS BELOW: 11(pg0 95}1 Awe "Tax t&si..p 1S- 1 - '35 DC `TX Le+ 3ao PLEASE BE AWARE THAT ONLY I SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. .A,fter submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. IF YOU HAVE BEEN NOTIFIED BY PLANNING TO OBT YOUR LS caltgAy lu III( INIV ILIVCIIQ14_0113► `!: The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please)with first class letter- rate postage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the City for the purpose of providing notice to property owners of the proposed land use application and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERSON: 1:1-2oc.....r.:tStr PHONE: So?,- X39 °34 S �x1- to NAME OF COMPANY: l rr:S e��e� `r Assoc:c.��c.3 FAX! So 3—43 at— 17. EMAIL: S ve. This request may be emailed, mailed, 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 listed will be called to pick up their request that will be placed in"Will Call" by the company name (or by the contact person's last name if no company) at the Planning/Engineering Counter at the Permit Center. The cost of processing your request must be paid at the time of pick up,as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS.RE-TYPED MAILING LABELS 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- � �i 1 sheets of labels x$2/sheet=$8.00 x 2 sets= $16.00 sheets)of labels a$2/sheet=$all d sets= �J O9 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 sheet(s)of labels x$2/sheet for interested parties=336 sets= -41.% _ ' ► I_ 7 = Id (:RNF$ATF_,lsr = 511.00 TOTAL = $31.00 TOTAL = - 2'){irs0) Aug. 13. 2008 9:22AM HARRIS MCMONAGLE ASSOC No. 4545 P. 1 FAX MEMO HARRIS - McMONAGLE ASSOCIATES, INC. ENGINEERS-SURVEYORS 12555 S.W.HALL BLVD. TIGARD,OREGON 97223-6287 Tel. (503)639-3453-Fax (503)639-1232 TO: Patty/Planning OF: City Of Tigard CC: FROM: Steve Bloomquist FAX: (624) 368-1 PAGES: 2 PHONE: DATE; December 12, 2007 PROJECT: RE: 11640 SW 95th Ave(2 sets of labels request) COMMENTS Patty, Attached to this fax is the request for 500 ft property mailing list. I need two sets of labels to submit to the City for a partition application. Please call me directly with any questions and when the labels are ready to be picked up. FROM: Steve Bloomquist 1S135DC-03300 P&R INVESTMENT GROUP LLC PO BOX 230635 TIGARD,OR 97281 Vg-7/0 � btow APPLICANT MATERIALS PRE-APR HBID BY: pi " CITY OF TIGARD PLANNING DIVISION `s LAND USE PERMIT APPLICATION City jTir4rd Permit Center 13125 SW Hall Blvd, Tigarra OR 97223 Phan 503.639.4171 Fax:503.598.1960 File# p4iJ as Dg- e17 Other Case# Date '41005 By '" Receipt# • 1-‘?-44144 Fee 3,0 UP-cri) Date Complete II L/t1 TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ®Minor Land Partition(II) ❑Zone Change(III) ❑ Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑Zone Change Annexation(IV) ❑Conditional Use(III) ❑Sensitive Lands Review(I,II or III) 0 Zone Ordinance Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(II) ❑Subdivision(II or III) LOCATIONWHEREZ'ROPOS3D ACTIVITY WILL OGCUR(Address d available) 11640 SW 95TH AVE . TAXMAPS&TAX LOT NOS. 1S-1-35DC TL 3300 TOTAL SITE SIZE ZONING CLASSIFICATION .49 ACRES R-4 . 5 • APPLICANT" Philippa Agnesse MAILING ADDRESSIQTY/STATE/ZIP PO BOX 230635 Tigard, OR 97281 PHONE NO. FAX NO 503-860-2631 • PRIMARY CONTACT PERSON PHONE NO. Philippe Agnesse 503-860-2631 PROPERTY OWNER/DEED HOLDER(Attach lit if more than one) Same as Applicant MAILING ADDRESS/QTY/STATE/ZIP PHONE NO. —FAX NO. *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) 2 of Partition. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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,map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. 7Z/°, i ture Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date / 7 12/01 app 27 .• •_1nt/Rep re sentatives Signature Date ? -Z+0 e5 .p scan /Agent a' - .resentativ- ignature Date CITY OF TIGARD 7/15/2008 111111 a 13125 SW Hall Blvd. 2:30:29PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000002484 Date: 07/15/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MLP2008-00007 [LANDUS] Partition Fee-2 Lots 100-0000-438000 2,672.00 MLP2008-00007 [LRPF] LR Planning Surcharge 100-0000-438050 394.00 Line Item Total: $3,066.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check NW RESIDENTIAL INC ST 1 139 In Person 3,066.00 Payment Total: $3,066.00 cReceipt.rpt Page I of I Deed �nn Fidelity National Title Insurance Company 1700 N.W. 167th Place, #245, Beaverton, Oregon 97006 (503)690-3327 FAX (503)531-0610 PRELIMINARY REPORT ESCROW OFFICER: Kate Griffith ORDER NO.: 20080005375-FTPOR09 TITLE OFFICER: Terry Lucas TO: P&R Investmen.Group LLC PO Box 230635 Tigard, OR 972131 OWNER/SELLER: Helen Trapp BUYER/BORROWER: F'&R Investment Group LLC PROPERTY ADDRESS: 11640 SW 95th Avenue Tigard, Oregon 97223 EFFECTIVE DATE: March 24, 2008, 08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM Owner's Standard 250,000.00 $825.00 Governmental Service Fee $25.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Helen W. Trapp 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF TIGARD IN THE COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT"ONE"ATTACHED HERETO AND MADE A PART HEREOF READ,RENEWED AIdD APPROVtb (X) (X) FDOR0212.rdw • order No.: 20080005375-FTPOR09 EXHIBIT "ONE" • The West part of Tract#3, FIRDALE, unrecorded, County of Washington and State of Oregon, more fully described as follows: Beginning at the Northeast corner of the John L. Hicklin Donation Land Claim in Section 35, Township 1 South, Range 1 West, of Willamette Meridian, thence South 89°34' West 21.30 chains; thence South 14.24 chains to the center of a county road; :hence South 139.47 feet; thence South 89°13'West 158.66 feet to the true point of beginning, thence South 89°13'West 238.00 feet to the East line of a County Road; thence South along the East line of said road, 90.00 f:et; thence North 89°13' East 238.00 feet; thence North 90.00 feet to the true point of beginning, in Washington County, Oregon, subject to restrictions of record. FDOR0213.rdw Order No.: 20080005375-FTPOR09 AS OF THE DATE OF 7HIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 5. Any lien for services, labor or material heretofore or hereafter furnished, or for contributions due to the State of Oregon for unemployment compensation or worker's compensation, imposed by law and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS: 6. City liens in favor of the City of Tigard, if any. There are no liens as of March 21, 2008. 7. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of streets, roads and highways. 8. Proof of death or dissolution of marriage of Warren L. Trapp, former spouse of Helen W. Trapp, vestee. END OF ITEMS AND EXCEPTIONS NOTES FDOR0390.rdw 15 1 35DC 1S 1 35DC " , .. AC • . '" .- " WIN 2'..* .. ". ..:‘:''..' 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' TIGARD 1S 1 35DC 3 1 35DC dialidwill 11640 SW 95TH AVENUE PARTITION APPLICATION WRITTEN NARRATIVE CITY OF TIGARD Submitted July 15, 2008 Revised August 13, 2008 RECEIVED AUG 1 5 Z008 PARTITION APPLICATION TABLE OF CONTENTS Applicant and Consultants 3 Site Description&Requested Approval 4 General Site Information 5 Project Description 6-8 Applicable Policies and Findings 8-76 Impact Study 76-77 2 SW 95 th Ave. 2 Lot Partition FEE BREAKDOWN Type II Residential Land Partition Application (2 lots) = $3,066.00 Total= $3,066.00 PARTITION APPLICATION Applicant/Owner: P&R Investment Group LLC P.O.Box 230635 Tigard,Oregon 97281 Contact Person: Philippe Agnesse Phone: 503-860-2631 -Planning/Engineering/Surveying: Harris-McMonagle Associates,Inc. 12555 SW Hall Blvd. Tigard,Oregon 972123 Contact Person: Steve Bloomquist Phone: 503.639.3453 Fax: 503.639.1232 Arborist: Tree Care and Landscapes Unlimited 5600 Rosewood Street Lake Oswego,Oregon 97035 Contact Person: Ray Myer Phone: 503.635.3165 Property Description: Washington County Assessor's Map IS-1-35DC,Tax Lot 3300 Site Size: 0.49 Gross Acres Zoning: R-4.5 Low Density Residential. Proposed Use of Property: 2 Lot Partition REQUESTED APPROVAL The applicant requests preliminary approval for a Partition Plat to create two parcels for the future development of one additional single family home on Parcel 2. Parcel 1 is proposed to be 8,979 square feet in size. Parcel 2 will be 10,615 square feet in size. The existing home is to remain on Parcel 1. 3 PARTITION APPLICATION SITE DESCRIPTION The subject site is located at 11640 SW 95th Ave in Tigard, Oregon. It is specifically identified as tax lot 3300 on Washington County Tax Assessors map 1S-1-35DC. The site and surrounding area has a current City of Tigard zoning designation of R-4.5 applied to it. The site is 0.49 gross acres in size, rectangular in shape,with east west dimensions of 238 feet and north south dimensions of 90 feet. The front portion of the site has been developed with a single family detached residence, landscaping, and other associated improvements that would be typical for the homes in the area. The entire eastern portion of the site is undeveloped. It consists of a grassy open area with a few mature trees. A general tree assessment,prepared by a certified arborist from Tree Care & Landscapes Unlimited, identifies the location,type and size of all trees greater than 6 inches in diameter on and around the site. The northern boundary of site abuts two tax lots(3001 and 3200)both lots are identified on Washington County tax map 1S-1-35CD. Tax lot 3200 has frontage along SW 95th Ave and tax lot 3001 has frontage along Greenburg Road both lots have been developed with single family homes. The eastern boundary of site abuts one tax lot(3000) identified on Washington County tax map 1 S-1-35CD. Tax lot 3000 has been developed with an attached single family residence. The southern boundary of the site abuts two tax Partitioned Parcels tax lots (3400 and 3500) also identified on Washington County tax map 1S-1-35CD. Both parcels have been developed with single family homes. The site is not within a flood plain, landslide hazard area and there are no slopes greater than 25% on it. The site is flat but, generally slopes from the north towards the south and southwest at varying degrees. The site has 90 lineal feet of public street frontage along its western boundary SW 95th Avenue. SW 95th Avenue runs parallel to the sites western boundary in a north to south direction. SW 95th Ave is classified as a local neighborhood street. Neither side of 95th Avenue adjacent the sites boundaries has been improved with curb, gutter or sidewalk. SW 95th Avenue is currently 60 feet in total right of way width. SW 95th Ave has been improved with public improvements that include; 20 feet of pavement to accommodate two way vehicular traffic and all other non- motorized forms of transportation. It is important to note that the entire 20 foot wide paved or improved portion of SW 95th Ave has been constructed east of the existing centerline as detailed on the existing conditions plan(sheet 2) submitted with this application. 4 PARTITION APPLICATION General Site Information Political Boundaries City Tigard County Washington Co. Urban Growth Boundary Inside Zip Code 97223 Zoning Local Designation R-4.5 Minimum Lot Size Minimum lot—7,500 sq. ft. Generalized Classification LDR Environmental Findings Flood Plain(FEMA 100 yr.) Outside Watershed Basin TUALATIN RIVER Watershed Subbasin LOWER TUALATIN RIVER Fire Protection Tualatin Valley Fire&Rescue Parks City of Tigard School District TIGARD-TUALATIN No.23J Sewer Clean Water Services District Water City of Tigard 5 PARTITION APPLICATION PROJECT DESCRIPTION • REQUESTED LAND USE APPROVALS (1) 2 Parcel Preliminary Partition Plat Approval (2) Concurrent Type 1 Adjustment- The applicant requests two existing mature trees #1559 and #1560 to be retained as street trees. The adjustment requested is a type I procedure specifically to the landscaping requirements in the City of Tigard. The applicant has worked closely with his arborist to ensure that the health of both the trees proposed to be retained as part of the future development is not affected. The purpose of this narrative is to request preliminary approval for a Partition Plat to create two parcels for the future development of one additional single family residence on Parcel 2. Parcel 1 is proposed to be 8,979 square feet in size. Parcel 2 will be a flag lot and 10,615 square feet in size. The existing home will remain on Parcel 1. Proposed access to the site for parcel 1 is from the existing driveway directly onto SW 95`h Ave. A fifteen foot wide access and utility easement is proposed to allow access to parcel 2. The easement is proposed to be located on the southern boundary of Parcel 1 and north of tax lot 3400. A ten foot wide paved section within the 15 foot wide easement will allow access into the site to Parcel 2. Consolidated access has not been proposed due to the location of the existing garage (along the northern boundary) of Parcel 1. The garage to remain on Parcel 1 is located 8.5 feet from the of the sites northern boundary and would not allow for safe vehicular access to Parcel 2. No additional right of way is proposed to be dedicated along SW 95th Ave. The existing amount of right of way (60 feet) is already a sufficient width for a local neighborhood street. The permitting and review for the new home on Parcel 2, off street parking, and other requirements associated with new development will be done at the time of future building permit approval. DENSITY REQUIREMENTS The net developable area is determined by subtracting the following uses from the total site area; existing development to remain, sensitive land areas, land dedicated to public parks, land dedicated for public right-of-way, land dedicated for private streets and any lot created for an existing dwelling. Of the total site area (0.49 acres), the following will be subtracted to determine the developable acreage or site area, 0 acres for new public streets, 0.00 acres for new right of way dedication along SW 95th Ave, 0.04 acres for the private drive (to benefit parcel 2), 0.20 acres for the house to remain on Parcel 1 and 0.00 acres of land with a slope greater than 25%. Based on the above totals the net developable area of the site is 0.25 acres or 10,890 square feet. Based on a minimum lot size requirement of 7,500 square feet, one additional parcel is allowed on the subject site with consideration of the dimensional criteria of the current R-4.5 zoning. 6 PARTITION APPLICATION PARCELS The minimum lot area requirement for detached residences in the R-4.5 zone is 7,500 square feet. Both parcels will be greater than 7,500 square feet. Both parcels will meet or exceed the minimum lot area, dimensional criteria and setback requirements specified within the R-4.5 zone. STREETS-INGRESS & EGRESS Currently, access is provided to the existing home via an individual driveway directly onto SW 95th Avenue. Parcel 1 is proposed to continue to access SW 95th Ave. directly from its own individual driveway, along the north property line. Access is proposed to Parcel 2 via a 15 foot wide Access and Utility easement that will be created across the southern boundary of Parcel 1. The proposed 15 foot wide easement location is shown on the preliminary Partition Plat. No additional right of way is proposed to be dedicated along SW 95 Ave. The existing amount of right of way(60 feet) is already a sufficient width for a local neighborhood street. The City of Tigard engineering department has indicated that the sites frontage along SW 95th Ave should be improved with half street improvements that include; 16 feet of pavement from • centerline, concrete curb, storm sewer, sidewalk, planter strip with street trees and other underground utilities as described on page 1 of 6 in the Engineering preapplication notes. As described in the existing conditions portion of the narrative above neither side of 95th Avenue has been improved to meet the standards just described above. SW 95th Avenue is currently 60 feet in total right of way width. SW 95th Ave has been improved with 20 feet of pavement and an 8 inch concrete public storm line. At this time the entire 20 foot wide paved section of SW 95th Ave has been constructed east of the existing centerline. Upon further discussion with City of Tigard Engineering staff, in regards to the 1/2 street improvements just described above it was decided that future public improvements to SW 95th Ave, be postponed until such a time when it becomes feasible to accomplish a larger scale of public street improvements to the immediate area. The applicant requests the city allow the applicant to sign a future street improvement guarantee to be recorded prior to fmal partition plat approval. The document will guarantee future '/2 street improvements to SW 95th Ave. SANITARY SEWER SYSTEM The sanitary sewer system has been designed to serve both parcels. There is currently an 8 inch public sanitary sewer line in SW 95th Ave. Parcel 1 is already connected to the sewer line and Parcel 2 will connect to the existing line in SW 95th Ave as detailed on sheet 5 of the Preliminary Plan Set submitted with this application. STORM WATER All storm water in the City of Tigard must be treated, detained and released in a controlled manner to an approved location. The applicant proposes to pay a fee in lieu to the City of Tigard to meet stormwater treatment standards. Stormwater is proposed to be directed towards the SW 7 PARTITION APPLICATION 95th Ave then discharged into the downstream system that serves the area. The existing stormwater drainage system has adequate capacity to serve one additional dwelling in regards to new imperious area created by the driveway and roof top. WATER SYSTEM City of Tigard currently has a public water line located in the SW 95th Ave. Parcel I is already connected to public water and the existing home will utilize the existing water service. A new water service that includes; separate (lateral and water meter)will stubbed to serve Parcel 2 as shown on the preliminary utilities plan. Chapter 18.390 DECISION-MAKING PROCEDURES 18.390.010 Purpose A. Purpose. The purpose of this chapter is to establish a series of standard decision-making procedures that will enable the City, the applicant, and all interested parties to reasonably review applications and participate in the local decision-making process in a timely and effective way. Each permit or action set forth in Chapters 18.320- 18.385 has been assigned a specific procedure type. 18.390.020 Description of Decision-Making Procedures A. General. All development permit applications shall be decided by using one of the following procedure types. The procedure type assigned to each action governs the decision-making process for that permit, except to the extent otherwise required by applicable state or federal law. The Director shall be responsible for assigning specific procedure types to individual permit or action requests, as requested. Special alternative decision-making procedures have been developed by the City in accordance with existing state law, and are codified in Section 18.390.070. B. Types defined. There are four types of decision-making procedures, as follows: 1. Type I Procedure. Type I procedures apply to ministerial permits and actions containing clear and objective approval criteria. Type I actions are decided by the Director without public notice and without a public hearing; 2. Type II Procedure. 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 an opportunity for a hearing. If any party with standing appeals a Director's Type II decision, the appeal of such decision will be heard by the Hearings Officer; 3. Type III Procedure. Type III procedures apply to quasi-judicial permits and actions that predominantly contain discretionary approval criteria. Type III actions are decided by either the Hearings Office (Type HI-HO) or the Planning Commission (Type III-PC), with appeals to or review by the City Council; 4. Type IV Procedure. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. 8 PARTITION APPLICATION C. Summary of permits by decision-making procedure type. Table 18.390.1 summarizes the various land use permits by the type of decision-making procedure. TABLE 18.390.1 11(18.390.040) Access/Egress Adjustment 18.370.020 C3b Conditional Use/Minor Modification 18.330.030 Historic Overlay - Exterior Alternation 18.740 - New Construction 18.740 - Demolition 18.740 Home Occupation/Type II 18.742 Land Partitions' 18.420.050 FINDING The Applicant is requesting land use approval for a two (2) Parcel Partition and one concurrent Adjustment to the landscaping standards to utilize existing trees on the site as street trees. The approvals requested are Type II and Type I procedures. 18.390.040 Type II Procedure A. Preapplication conference. A preapplication conference is required for Type II actions. Preapplication conference requirements and procedures are set forth in section 18.390.080C. FINDING As required for a Type II procedure the pre-application conference was held on June 5, 2008 with City of Tigard staff to discuss the Applicant's proposal and to review applicable policies, ordinance provisions, regulations, and technical data that would have to be addressed for this particular land use review in the City of Tigard. The notes from the preapplication conference are included with the application submittal package. Therefore,this criterion is shown to be met. Application requirements. 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080 El; 9 PARTITION APPLICATION 2. Submittal Information. The application shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped and pre-addressed envelopes for all property owners of record as specified in Section 18.390.040C. The records of the Washington County Department of Assessment and Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; e. Include an impact study. The impact study shall quanta 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 requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. FINDING This application addresses all the information requested on the application form and all relevant criteria of the Community Development Code. An impact study, addressing the effect of this development on public facilities and services, has been included within the application narrative. The required fees have been paid. Two sets of pre-stamped and pre-addressed envelopes for noticing will be forwarded to the city at the time the applicant is notified by the City of Tigard that the application has been deemed complete. All requirements of this section can and will be met. • 10 PARTITION APPLICATION Chapter 18.420 PARTITIONS 18.420.010 Purpose A. Purpose. The purpose of this chapter is to provide rules, regulations and standards governing approval of partitions. 18 420.020 Administration A. Applicant. The applicant of a partition proposal shall be the recorded owner of the property or an authorized agent in writing. B. Conformance with state statute. Any application for a land partition shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions. C. Prohibition on sale of lots. No lot or parcel to be created through the partitioning process shall be sold until approval and filing of the final partition plat. D. Future re-division. When partitioning tracts into large parcels, the Director shall require that the parcels be of size and shape to facilitate future re partitioning of such parcels in accordance with the requirements of the zoning district and this title. FINDING The applicant of the proposed partition plat is the recorded owner. As required by the General Provisions of this section the proposed preliminary Partition Plat has been submitted concurrently for review with this application. Upon approval of the Preliminary Plat, a final Partition Plat and any other necessary documentation will be submitted for final review reflecting all of the conditions of approval set forth by the City and other applicable agencies. No larger lots could be created that could be divided in the future with consideration to current zoning. Therefore, the criterion is met. 18.420.050 Approval Criteria A. Approval criteria. A request to partition land shall meet all of the following criteria. 1.The proposed partition complies with all statutory and ordinance requirements and regulations. FINDING The proposed partition complies with all statutory and ordinance requirements. 2. There are adequate public facilities available to serve the proposal. 11 PARTITION APPLICATION FINDING Critical facilities include access to public water, sanitary service, adequate storm water drainage/retention, transportation and fire protection. The site and surrounding area has been developed for residential type uses, therefore the site already has access to all critical facilities. Essential public facilities include schools,transit improvements,police protection,pedestrian and bicycle facilities in the public right of way. Essential facilities are available since the entire block and surrounding area already contains many existing residences. All essential facilities and services are in place. All public facilities are adequate and available to serve the site. 3.4111 proposed improvements meet City and applicable agency standards; and FINDING All proposed improvements will be designed to meet City and all other applicable agency standards. All public improvement designs will be reviewed by the City of Tigard and other applicable agencies to ensure compliance with this criteria. The applicant has submitted plans depicting the future improvements along SW 95th Ave. The applicant has requested the city allow a future street improvement guarantee to be signed and recorded prior to final partition plat approval. The document will guarantee future '/2 street improvements are constructed along SW 95th Avenue at the time it is feasible to accomplish a larger scale of improvements. 4.All proposed lots conform to the specific requirements below. (a-h) a. The minimum lot width of the building envelope area shall meet the lot requirement of the applicable zoning district. FINDING Based on Table 18.510.2 of the City of Tigard Community development code the minimum lot width requirement for detached homes in the R-4.5 zone is 50 feet. Both parcels exceed this standard. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. FINDING The minimum area in the R-4.5 zone for detached residential development is 7,500 square feet. Both parcels will be greater than 7,500 square feet in total lot area. Minimum lot area requirements are shown to be met by for all proposed parcels. A flag lot will be created as a result of this application and the lot area within the 15 foot wide access and utilities easement has not been included in the lot area calculations. Therefore, this criteria is met. c. Each lot created through the partition process shall front a public right of way at least 15 feet or have 12 PARTITION APPLICATION a legally recorded minimum 15 foot wide access easement. FINDING Parcel 1 will have 75 feet of public street frontage along SW 95th Ave. Parcel 2 which will be a flag lot and will have a fifteen foot wide access and utility easement legally recorded across the southern boundary of Parcel 1 prior to the final partition plat approval and recordation. Therefore, the above two criterion are met. d Setbacks shall be as required by the applicable zoning district. FINDING The required setbacks in the R-4.5 zone are depicted on the applicable site plans submitted with this application to verify and graphically show that each parcel created can and will meet the applicable setback standards. At the time of future development on Parcel 2 setbacks will be reviewed to ensure compliance with the setback standards for flag lots. e. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximum separation from existing structures. FINDING Parcel 2 will be created as flag lot. As allowed by "e" above and at the time future building permits are submitted the developer will determine the location of the front yard with the understanding that no side yard will be less than 10 feet. All future structures will be located as far from existing structures to ensure maximum separation from existing structures. Therefore, this criteria can and will be met. f A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within 10 feet of abutting lot in accordance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usuable outdoor recreation areas for proposed development. FINDING The private drive to Parcel 2 will be located within 10 feet of the lot abutting on the south. Therefore screening will be provided in accordance with section 18.745.050. Please reference the applicant's response to section 18745.050 in a following section of this narrative to verify the screening is met. g. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on firefighting capabilities. 13 PARTITION APPLICATION FINDING The accessway as proposed meets current fire district standards. At the time of any future development the TVF&R Fire District will have the chance to review and comment prior to any future development. h. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. FINDING A common drive is not proposed that would serve more than one lot. Therefore reciprocal easements are not required. 6. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway.... FINDING The site is not within or adjacent to a floodplain and, as a consequence, no dedications are required for a greenway adjoining or within the floodplain. Therefore, this criterion is not applicable. A.7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s)will be processed concurrently. FINDING One minor type 1 adjustment has been requested to allow existing trees within the sites boundaries to be retained as street trees. The applicant has addressed the standards of Chapter 18.370,Variances and Adjustments in a following section of this narrative. This application for a partition and landscaping adjustment has been submitted concurrently for review and approval. 18.420.060 Final Plat Submittal Requirements A. Submittal. All final plats for partitions shall be accompanied by three copies of the partition plat prepared by a land surveyor or engineer licensed to practice in Oregon, and necessary data or narrative. The final plat shall incorporate any conditions of approval by the director as part of the preliminary plat approval. B. Standards. The partition plat and narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) and by Washington County, as described in detail by information provided by the Director at the time of application. 14 FARTITION APPLICATION FINDING The final Partition Plat will be prepared by a licensed land surveyor from the state of Oregon. The final plat will incorporate all conditions of approval set forth as part of the preliminary plat approval. At the time the final plat is submitted to the City of Tigard for review three copies of the Partition Plat will be submitted and drawn to the minimum standards as outlined above in this section. Chapter 18.370 VARIANCES AND ADJUSTMENTS 18.370.010 Variances FINDING The Applicant does not request a variance with this application. 18.370.020 Adjustments A. Purpose. The purpose of this section is to establish two classes of special variances: (1.)'Development adjustments"which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using clear and objective standards. These can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. FINDING The Applicant has not requested a development adjustment with this application. (2)Special adjustments. which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.010 C. Special adjustments. 1. Adjustments to development standards within subdivisions(Chapter 18.430). The Director shall consider the application for adjustment at the same time he/she considers the preliminary plat. An adjustment may be approved, approved with conditions, or denied provided the Director finds: FINDING The Applicant does not request a special adjustment. 15 PARTITION APPLICATION 6.Adjustments to landscaping requirements (Chapter 18.745). a. Adjustment to use of existing trees as street trees. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the use of existing trees to meet the street tree requirements in Section 18.745.030 provided there has been no cutting and filling around the tree during construction which may lead to its loss, unless the following can be demonstrated: (1) The ground within the drip-line is altered merely for drainage purposes;and (2)It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. b.Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: (1)If the location of a proposed tree would cause potential problems with existing utility lines; (2)If the tree would cause visual clearance problems;or (3)If there is not adequate space in which to plant street trees. FINDING The applicant requests a landscaping adjustment pursuant to chapter 18.745 to allow trees#1559 (41 inch White Oak) and#1560(40 inch White Oak) to be retained as street trees in lieu of removing them and planting new street trees. There will be no grading around the trees proposed to be preserved as street trees. The applicant has worked closely with his arborist and engineer to ensure that the trees will not be damaged by the future development of the property. The location of the trees to remain as street trees will not cause problems with existing utility lines, future utilities and the trees existing locations will not cause visual clearance problems and there will still be plenty of space to plant new street trees as demonstrated on the plan set submitted with this application. The retention of the mature trees will contribute towards the quality of the of the City of Tigard's urban vision as the"City of Trees." 7.Adjustments to parking standards(Chapter 18.765). FINDING The applicant does not request an adjustment to parking standards. 8. Adjustments to sign code(Chapter 18.780). FINDING The applicant does not request an adjustment to Chapter 18.780. 9.Adjustments to setbacks to reduce tree removal(Chapter 18.790). By means of a Type I procedure, as governed by Section 18.390.030, the Director may grant a modification from 16 PARTITION APPLICATION applicable setback requirements of this Code for the purpose of preserving a tree or trees on the site of proposed development. Such modification may reduce the required setback by up to 50%,but shall not be more than is necessary for the preservation of trees on the site. The setback modification described in this section shall supersede any special setback requirements or exceptions set out elsewhere in this title, including but not limited to Chapter 18.730, except Section 18.730.040. FINDING The applicant does not request an adjustment to setbacks to Chapter 18.790. 10. Adjustments to wireless communication facilities(Chapter 18.798). FINDING The applicant does not request an adjustment to Chapter 18.798. 11. Adjustments for street improvements(Chapter 18.810). By means of a type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to street improvements requirements, based on findings that the following criteria is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, of the proposed development, or on natural features such as wetlands,steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. FINDING The applicant does not request an adjustment to the street improvement standards. Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.010 Purpose A. Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development -- schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services--at appropriate locations and at an appropriate scale. B. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. 17 PARTITION APPLICATION 18.510.020 List of Zoning Districts D. 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 allowed conditionally. Some civic and institutional uses are permitted conditionally. FINDING The Applicant is proposing to partition the 0.49-acre site into two (2) parcels greater than 7,500 square feet in size for the future development of one additional single family detached home. The zoning of the entire site is R-4.5. Therefore,the criterion is met. 18.510.030 Uses A. Types of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted(R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited(7)use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. FINDING The Applicant is proposing to retain an existing single family dwelling on Parcel 1 and build a new single family dwelling on Parcel 2; both uses are allowed outright in the R-4.5 zone. Therefore, the criterion is met. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each zoning district has been established at 80%of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715,Density Computations. 18 PARTITION APPLICATION FINDING The net developable area is determined by subtracting the following uses from the total site area; existing development to remain, sensitive land areas, land dedicated to public parks, land dedicated for public right-of-way, land dedicated for private streets and any lot created for an existing dwelling. Of the total site area (0.49 acres), the following will be subtracted to determine the developable acreage or site area, 0 acres for new public streets, 0.00 acres for new right of way dedication along SW 95th Ave, 0.04 acres for the private drive (to benefit parcel 2), 0.20 acres for the house to remain on Parcel 1 and 0.00 acres of land with a slope greater than 25%. Based on the above totals the net developable area of the site is 0.25 acres or 10,890 square feet. Based on a minimum lot size requirement of 7,500 square feet, one additional parcel is allowed on the subject site with consideration of the current R-4.5 zoning. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density .... FINDING No adjustments to density are requested with this application therefore, this does not apply to this application. 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. 19 PARTITION APPLICATION TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4.5 Parcel 1 Parcel 2 Minimum Lot Size -Detached units 7,500 sq.f. 8,979 S.F. 10,615 S.F. Average Minimum Lot Width 50 ft. 75 ft. 90 ft. Maximum Lot Coverage(Includes all - V I NA impervious areas) Minimum Setbacks -Front yard 20 Ii. 26 ft. Future -Side facing street on 15 It 9 ft.(north building corner&through lots side) permit review -Side yard 51t 26ft.(south required. side) -Rear yard 15 ft. 55ft. (Rear) -Distance between property line and front of garage 20 ft. Maximum Height 30 ft. Less than all 25 ft, ft. Minimum Landscape Requirement - - - *Future setbacks will be reviewed for compliance at the time offuture house construction on parcel 2. *The existing home on Parcel 1 meets all setbacks as shown in the table above. FINDING Both parcels will meet the minimum development standards as identified in the table above. At the time of future building permits on Parcel 2 and final plat approval all of the above requirements will be reviewed by the city to ensure compliance. Therefore, the standards can and will be met. 18.510.060 Accessory Structures • A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: 1. Dimensional requirements: 20 PARTITION APPLICATION a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; e. An accessory structure must maintain a minimum side and rear yard setback of f ve feet; 2. Non-dimensional requirements......(a-d): 3. All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. FINDING The Applicant is not proposing to build any new accessory structures as part of this partition application. In the future, homebuilders or homeowners may wish to build accessory structures on their lots and would need to comply with requirements of this section of the Code. Compliance will be reviewed through the standard building permit process. Chapter 18.705 ACCESS, EGRESS,AND CIRCULATION 18.705.010 Purpose A. Purpose. The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures(see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. 21 PARTITION APPLICATION • C. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny an access plan submitted under the provisions of this chapter in conjunction with another permit or land use action. D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. FINDING Currently, access is provided to the existing home on the site from one individual driveway directly onto SW 95` Ave classified as a local street. Access to Parcel 1 is proposed to remain unchanged via the existing driveway. Access to Parcel 2 will be from a 15 foot wide access and utilities easement which will travel in an east to west direction and intersect with SW 95th Ave. The easement location for access and utilities to Parcel 2 will be along the southern boundary of Parcel 1. 18.705.030 General Provisions A. Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. B. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title,provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use;and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. FINDING Joint access is not proposed. An existing driveway is proposed to continue to provide access for parcel 1. A 15 foot wide ingress, egress and utility easement is proposed to be created across Parcel 1 to serve Parcel 2. The proposed accesses will not create joint access. The future owner of Parcel 2 will be responsible for the continued maintenance of the future drive to their home. D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: 22 PARTITION APPLICATION 1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; 2. Within all attached housing (except two-family dwellings) and multi family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping,pavement markings, or contrasting pavement materials are used Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. FINDING Each parcel will adjoin or have frontage along a public street (SW 95th Ave), which provides for direct access and egress. It will be the responsibility of the homebuilder to meet the access and egress requirements of this section of the code, with code compliance evaluated at the time future house plans are submitted for a building permit on Parcel 2. The future homebuilder will also be responsible for curb cuts for the driveway on Parcel 2 if SW 95th Ave is improved prior to a future home being constructed there and for the construction of all required driveways and walkways on their lots and all public sidewalks in the street right-of-way that adjoins their lots. Therefore, the criterion can and will be met. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or c. Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged Direct access to collector or arterial streets shall be considered only 23 PARTITION APPLICATION if there is no practical alternative way to access the site. If direct access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (1VTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. 3. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. FINDING The parcels will not have direct access onto a street classified as a collector or arterial road. Both parcels will have direct access to SW 95th Ave which is classified as a local public neighborhood street. The proposed access for both parcels should not cause any hazardous traffic conditions and will not cause a clear or present danger to the public health, safety and general welfare of the general public. H. Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs,sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO(depending on jurisdiction offacility) FINDING An access report should not be required for two parcels with direct access onto a local street. The one additional single family dwelling will generate an estimated 10 new daily vehicle tips per day allowing for the existing dwelling currently on the site. Traffic will be increased minimally as a result of this future development. Therefore, this criterion is not applicable to this application. 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections.......... 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. 4. The minimum spacing of local streets along a local street shall be 125 feet. • 24 PARTITION APPLICATION FINDING The site is not located next to a collector or arterial street. No new streets will be created and as a consequence,the requirements of this section of the Code do not apply to this land use review. 1. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; TABLE 18 705.1 VEHICULAR ACCESS/EGRESS REQUIREMENTS: RESIDENTIAL USE(6 OR FEWER UNITS) Number Dwelling Minimum Number of Minimum Access Width Minimum Pavement Unit/Lots Driveways Required Width 1 or 2 1 15' 10' 3-6 1 20' 20' FINDING In accordance with able 18.705.1 the easement providing access to Parcel 2 will 15 feet wide. The proposed private drive has been designed to have an asphalt width of 10 feet. The criteria for a private drive serving one single family dwelling are met. 2. Vehicular access to multi family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; FINDING The Applicant is not proposing to build multi-family structures on the site and, as a consequence, the requirements of this section of the Code do not apply to this land use review. 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; FINDING The Applicant is proposing a private residential access drive to provide access to parcel 2. The drive will be provided and maintained in accordance with the provisions of the Uniform Fire Code. 25 PARTITION APPLICATION 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet;. c. The maximum cross slope of a required turnaround is 5% FINDING The proposed access drive is less than 150 feet in length and therefore an approved turn around is not required. This criteria is not applicable to this application. 5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; FINDING The applicant is not proposing to build any new driveways in excess of 200 feet. Therefore, the criterion is not applicable to this application. 6. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. FINDING The site is not located adjacent to a collector or arterial and, as a consequence, the requirements of this section of the Code do not apply to this land use review. J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than 21 as provided in Table 18.705.3; FINDING There are no commercial or industrial uses that will occur on the site and, as a consequence, the 26 PARTITION APPLICATION requirements of this section of the Code do not apply to this land use review. K One-way vehicular access points. Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. FINDING No parking facilities are proposed, as a consequence, the requirements of this section of the Code do not apply to this particular land use review. Chapter 18.715 DENSITY COMPUTATIONS 18.71 5.010 Purpose A. Purpose. The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for determining the number of dwelling units permitted. 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s)from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas: a. Land within the 100 year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways;and d Wetlands. 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development:allocate 20%of gross acreage; b. Multi family development:allocate 15%of gross acreage. 4. All land proposed for private streets;and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. 27 PARTITION APPLICATION C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80%(0.8). FINDING The net developable area is determined by subtracting the following uses from the total site area; existing development to remain, sensitive land areas, land dedicated to public parks, land dedicated for public right-of-way, land dedicated for private streets and any lot created for an existing dwelling. Of the total site area (0.49 acres), the following will be subtracted to determine the developable acreage or site area, 0 acres for new public streets, 0.00 acres for new right of way dedication along SW 95th Ave, 0.04 acres for the private drive (to benefit parcel 2), 0.20 acres for the house to remain on Parcel 1 and 0.00 acres of land with a slope greater than 25%. Based on the above totals the net developable area of the site is 0.25 acres or 10,890 square feet. Based on a minimum lot size requirement of 7,500 square feet, one additional parcel is allowed on the subject site with consideration of the current R-4.5 zoning. 18.715.030 Residential Density Transfer A. Rules governing residential density transfer. The units per acre calculated.......... FINDING The Applicant is not proposing a residential density transfer and, as a consequence, the requirements of this section of the Code do not apply to this land use review. Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.010 Purpose 18.730.020 Exceptions to Building Height Limitations 18.730.030 Zero Lot Line Setback Standards 18.730.040 Additional Setback Requirements 18.730.050 Miscellaneous Requirements and Exceptions A. Purpose. The purpose of this chapter is to present exceptions to the height and setback standards which apply in various zoning districts as detailed in Chapters 18.510, 18.520 and 18.530. Flexible and/or more stringent setback standards are designed to allow for the maximum use of land and to allow for a varied building layout pattern while ensuring there will be adequate open space, light, air and distance between buildings to protect public health and safety. 28 PARTITION APPLICATION 18.730.020 Exceptions to Building Height Limitations A. Projections not used for human habitation. Projections such as chimneys, spires, domes, elevator shaft housings, towers excluding TV dish receivers, aerials,flag poles, and other similar objects not used for human occupancy, are not subject to the building height limitations of this title. B. Building height exceptions.Any building located in a non-residential zone may be built to a maximum height of 75 feet;provided: 1. The total floor area of the building does not exceed 1-1/2 times the area of the site; 2. The yard dimensions in each case are equal to at least 1/2 of the building height of the primary structure;and 3. The structure is not abutting a residential zoning district. FINDING The subject site is located within the R-4.5 zoning district. The future home to be constructed on Parcel 2 will be built in full compliance with the above requirements. C. Building heights and flag lots. 1. Limitations on the placement of residential structures on flag lots apply when any of the following exist: a. A flag lot was created prior to April 15, 1985; b. A flag lot is created after April 15, 1985 by an approved partition;or c.A flag lot is created by the approval of a subdivision and the flag lot is located on the periphery of the subdivision so that the lot adjoins other residentially-zoned land. 2. The maximum height for an attached or detached single-family, duplex, or multiple family residential structure on a flag lot or a lot having sole access from an accessway,private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2- 1/2 stories or 35 fee, whichever is less,provided: a. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; b.A 10 feet side yard will be preserved; c. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot;and d Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved 29 PARTITION APPLICATION FINDING Parcel 2 will be a flag lot created after April 15, 1985. At this time there are no specific house plans for the future home to be located on Parcel 2. At the time of future home construction on Parcel 2 the future home builder will submit house plans to the City of Tigard for review and approval in accordance with the above design regulations in regards to house height limitations and window placement. 3. Where an agreement is made to plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Section 18.390.030 D. 4. The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review,for three or more attached units or a multiple family residential structure, or, at the time of issuance of building permits,for single detached units, one duplex or two attached residential units. FINDING At the time of future home construction the future home builder will submit house plans to the City of Tigard for review and approval in accordance with the above design regulations in regards to house height limitations and window placement. 18.730.030 Zero Lot Line Setback Standards A. Applicability and limitations. The provisions of this chapter apply to the R-4.5 and R-7 zoning districts and are limited to single-family detached dwelling units. The provisions of this chapter shall be applied in conjunction with: 1. An application for planned development approval under the provisions of Chapter 18.350, Planned Development; 2.An application for subdivision approval under the provisions of Chapter 18.430, Subdivision; or 3.An application for partitioning approval under the provisions of Chapter 18.420, Partition. FINDING The Applicant is not proposing zero lot line development. Both parcels can meet the applicable setback standards in the R-4.5 zoning district as demonstrated in this narrative and supplemental site plans submitted with this application. At the time of future home construction on Parcel 2 the future home builder will submit house plans to the City of Tigard for review and approval in accordance with design regulations for the R-4.5 zoning district. B.Approval criteria and conditions. 1. The approval authority shall approve, approve with conditions or deny an application for a zero lot line development based on findings that: a. There shall be a 10 foot separation between each residential dwelling structure or garage; b. No residential dwelling shall be placed on a lot line which is common to a lot line which is not a part of the overall development; c. No structure shall be placed on a lot line which is common to,a public or private road right-of- way or easement line;and 30 PARTITION APPLICATION d A five-foot non-exclusive maintenance easement shall be delineated on the plan for each lot having a zero setback area: (1) The easement shall be on the adjacent lot and shall describe the maintenance requirements for the zero lot line wall, or deed restrictions must be submitted with the preliminary plat which addresses the maintenance requirements for the zero setback wall of the detached dwellings; and (2) The easement shall be recorded with Washington County and submitted to the City with the recorded final plat prior to the issuance of any building permits within the development. FINDING The Applicant is not proposing zero lot line development. Both parcels can meet the applicable setback standards in the R-4.5 zoning district as demonstrated in this narrative and supplemental site plans submitted with this application. 2. The approval authority requires the following conditions to be satisfied: a. Deed restrictions shall be recorded with Washington County which ensure that: (1) The 10 foot separation between the residential structures shall remain in perpetuity;and (2) The 10 foot separation between the residential structures shall be maintained free from any obstructions other than: (a) The eaves of the structure; (b)A chimney which may encroach into the setback area by not more than two feet; (c)A swimming pool; (d)Normal landscaping;or (e)A garden wall or fence equipped with a gate for emergency access and maintenance purposes. b. Easements shall be granted where any portion of the structure or architectural feature projects over a property line;and c. The maximum lot coverage for zero lot line shall not exceed the maximum lot coverage for the base zone. FINDING The Applicant is not proposing zero lot line development. Both parcels can meet the applicable setback standards in the R-4.5 zoning district as demonstrated in this narrative and supplemental site plans submitted with this application. C. Application submission requirements. All applications shall be made on forms provided by the Director in accordance with Chapter 18.350, Planned Developments, Chapter 18.430, Subdivisions, or Chapter 18.420, Partitions, and shall be accompanied by: I. Copies of the plat plan indicating building and easement location and dimensions, and necessary data or narrative which explains how the development conforms to the standards; 2.A list of names and addresses of all property owners of record immediately abutting the site; 3.All other requirements of Chapters 18.350, 18.430 and 18.420 shall apply. 31 PARTITION APPLICATION FINDING This application has been submitted with the required application forms provided by the director in accordance with Chapter 18.420. The appropriate amount of copies of the preliminary partition plan set have been submitted for review. The preliminary partition plan set shows existing conditions on and around the site, easement locations, parcel dimensions, and other necessary data explaining hoe the development conforms to the standards. 18.730.040 Additional Setback Requirements A. Additional setback from roadways. The minimum yard requirement shall be increased in the event a yard abuts a street having a right-of-way width less than required by its functional classification on the City's transportation plan map and, in such case, the setback shall be not less than the setback required by the zone plus one-half of the projected road width as shown on the transportation map. B. Distance between multi family residential structure and other structures on site. 1. To provide privacy, light, air, and access to the multiple and attached residential dwellings within a development, the following separations shall apply: (a-e) FINDING The subject site is located along SW 95th Avenue. SW 95th Ave is classified as a local street that's 60 feet in total right of way width. The existing width is sufficient for a local street; therefore no additional setback from the roadway is required. The applicant has not proposed to build multi-family residential structures. 18.730.050 Miscellaneous Requirements and Exceptions A. When abutting properties have non-conforming front setbacks. If there are dwellings on both abutting lots with front yard depths less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots. B. When one abutting property has a non-conforming front setback If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth. FINDING All adjacent properties conform to the setback standards. C. Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a residential zone subject to the following: 1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance area of a driveway which would obstruct vision from an adjacent driveway or street; 2. No such unit shall be used for dwelling purposes except that one camper, house trailer or recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on land entirely owned by or leased to the host person for a period not to exceed 14 days in one 32 PARTITION APPLICATION calendar year,provided that such unit shall not be connected to any utility, other than temporary electricity hookups and provided that the host person shall receive no compensation for such occupancy or use; 3. Any such unit parked in the front yard shall have current state license plates or registration and must be kept in mobile condition. FINDING It will be the responsibility of the future home owner of Parcel 1 to meet the above requirements. D. Projections into required yards. 1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less than three feet; 2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet provided the width or such yard is not reduced to less than three feet; 3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is not reduced to less than three feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than 36 inches; 4. Unroofed landings and stairs may project into required front or rear yards only. FINDING The existing home on Parcel 1 complies with the above requirements. The future home to be constructed on Parcel 2 will comply with all relevant requirements. Prior to house construction on Parcel 2 the City will review and approve any future house plans. E. Lot area for flag lots. 1. The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district; 2. The lot area shall be provided entirely within the building site area exclusive of any accessway (see figure following). F. Front yard determination. The owner or developer of a flag lot may determine the location of the front yard,provided no side yard setback area is less than 10 feet and provided the requirements of Section 18.730.OIOC, Building Heights and Flag Lots, are satisfied FUNDING Parcel 2 will be a flag lot and 10,615 square feet in size. The site is zoned R-4.5 which requires a minimum lots size of 7,500 square feet. The lot area calculations are provided entirely with the building site area and are exclusive of any accessway. The future home builder on Parcel 2 will submit house plans for review and approval that meet the specific requirements for a flag lot in the R-4.5 zone. 33 PARTITION APPLICATION Chapter 18.745 LANDSCAPING AND SCREENING 18.745.010 Purpose A. Purpose. The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees and requiring the planting of street trees in new developments; 2. By using plant materials as a unibling element; 3. By using planting materials to define spaces and articulate the uses of specific areas;and 4. By using trees and other landscaping materials to mitigate the effects of the sun, wind, noise and lack of privacy by the provision of buffering and screening. 18.745.020 Applicability A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming(Section 18.760.040C), and to a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. B. When site development review does not apply. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by Section 18.390.030, using the applicable standards in this chapter. C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. FINDING The Applicant is proposing to partition the site into two lots for the future development of one additional single-family home and, as a consequence, certain provisions of this chapter of the code are applicable to this land use review. Preliminary Plans have been submitted with this application showing the location of all proposed future street trees on the site. Landscape plans for individual lots are not required with this application because there is not a minimum landscaping requirement in the R-4.5 zone. It will be the responsibility of each individual homeowner to choose how to landscape and maintain their yards. No open space is proposed. No other landscaping aside from street trees and additional screening for the drive to Parcel 2 (location within 10 ft. of adjacent property to south) is proposed with this application. Therefore, the criterion is met. 34 PARTITION APPLICATION 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. B. Pruning required All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANSI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond FINDING As required by the Code, street trees will be planted along SW 95th Ave and along the private drive. The applicant has requested a concurrent Type 1 adjustment to allow two existing mature trees (#1559, #1560)to remain as street trees. Future lot owners would ultimately be responsible for the care and maintenance of these trees in the right-of-way that abuts their lot. Therefore, the criterion is met. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). FINDING Virtually all developments will require the removal some of the existing vegetation onsite to comply with construction requirements, standards for streets, utilities, ensure proper grading for site drainage, and to build homes on individual lots. All of the above described activities contribute to the need to clear some of the vegetation on the site. The applicant will make every 35 PARTITION APPLICATION reasonable effort to protect as much existing vegetation on the site as possible. The vegetation to be saved will be protected using methods described above. Therefore, the criterion is met. F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. FINDING As required by the Code, each individual lot owner will be responsible for the maintenance of street trees and landscaping in the public right-of-way that abuts their lot. Therefore, the criterion is met. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. FINDING The Applicant understands this requirement and is willing to meet all reasonable conditions of approval applied to the project that relate to landscaping and screening. Therefore, the criterion is met. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. FINDING The Applicant will follow the requirements of this section of the Code when developing any future landscape plans. Therefore, the criterion is met. 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040 C. B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. • 36 PARTITION APPLICATION C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section 18.745.040.C.2 below; 2. The specific spacing of street trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; d. Except for signalized intersections as provided in Section 18.745.040 H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance, e. No new utility pole location shall be established closer than five feet to any existing street tree; f Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; g. On premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; h. Street trees shall not be planted closer than 20 feet to light standards; i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; j. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; k Trees shall not be planted within two feet from the face of the curb;and I. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand,paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. D. Pruning requirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. E. Cut and fill around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020 C4a. 37 PARTITION APPLICATION F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director. G. Granting of adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020 C4b. H. Location of trees near signalized intersections. The Director may allow trees closer to specified intersections which are signalized,provided the provisions of Chapter 18.795, Visual Clearance, are satisfied. FINDING A preliminary plan showing future street tree locations has been included with this application. The plan indicates the type, size and general location of all trees to be planted. Street trees have been spaced according to the guidelines described above. The applicant has requested a concurrent Type 1 adjustment to the landscaping standards to allow the two existing trees to remain on the site as street trees. The exact location for future street trees will be determined after utility boxes, utility trenches, lighting standards and driveways have been located and will be shown on the plot plan that will be submitted with the construction drawings required for a building permit review. Tree planting will be tied to the issuance of the certificate of occupancy. Therefore,the criterion can and will be met. 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; 2. 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 owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards,provided it affords the same degree of buffering and screening as required by this code. B. Buffering and screening requirements. 38 PARTITION APPLICATION 1. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.745.050.B.8 and 18.745.050.D; 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the following specifications: a. At least one row of trees shall be planted They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; c. The remaining area shall be planted in lawn or other living ground cover. 5. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four- foot continuous screen of the height specified in Table 18.745.2 within two years of planting; or b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover;or c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795; 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case,fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make 39 PARTITION APPLICATION the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; FINDING Section 18.420.050.A.4.f requires a private driveway that is located within 10 feet of an abutting property line to be screened. The proposed private drive location will be within 10 feet of tax lot 3400 to the south. A six foot tall good neighbor fence is proposed to be constructed along the south property line to provide continuous sight obscuring screening for the lot to the south. The proposed screening is consistent with the standards outlined above. Therefore this criterion is met. 8. Fences and walls a. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood,stone, rock or brick, or otherwise acceptable by the Director; b. Such fence or wall construction shall be in compliance with other City regulations; c. Walls shall be a minimum of six inches thick; and d. Chain link fences with slats shall quay for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. FINDING The Applicant is proposing to build a sight obscuring fence along the south property line. The fence will be constructed with materials approved by the director and will be built in full compliance with the City of Tigard regulations for fencing. 9. Hedges a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.040 C2 a and b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view;and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. FINDING The Applicant is not proposing to plant new hedges on the site. Therefore, this criterion is not applicable to this application. 40 PARTITION APPLICATION C. Setbacks for fences or walls. 1. No fence or wall shall be constructed which exceeds the standards in Section 18.745.050.C.2 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; 2. Fences or walls: a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b. Are permitted up to six feet in height in front yards adjacent to any designated arterial or collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795; 4. All fences or walls greater than six feet in height shall be subject to building permit approval. FINDING The fence will be constructed in full compliance with regards all City of Tigard regulations. Therefore, the criterion is met. D. Height restrictions. 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; 2. An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. FINDING The fence will be constructed in full compliance with regard to all City of Tigard regulations. Therefore, the criterion is met. E. Screening:special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required The specifications for this screening are as follows: 41 PARTITION APPLICATION (1) 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; (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect;and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. 2. Screening of service facilities. Except for one family and two-family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resL.ent parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; 3. Screening of swimming pools.All swimming pools shall be enclosed as required by City of Tigard Building Code; 4. Screening of refuse containers. Except for one- and two-family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be contained within the screened area. FINDING The Applicant is not proposing new parking or loading areas, service facilities, swimming pools or screening of refuse areas and, as a consequence, the requirements of this section of the Code do not apply to this land use review., 18.745.060 Re-vegetation A. When re-vegetation is required Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed 42 PARTITION APPLICATION B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway;and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of re-vegetation. 1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval . authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. FINDING Site grading and the installation of infrastructure will remove natural vegetation from the site that will need to be replaced once construction has been completed. To reduce impacts from erosion, the Applicant will follow the site preparation and re-vegetation procedures outlined in this section 18.745.060 of the Code. Therefore, the criterion is met. Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.010 Purpose A. Insure adequate vehicle parking. These parking requirements are intended to provide sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and to establish standards which will maintain the traffic carrying-capacity of nearby streets. B. Adequate capacity. These regulations are also intended to establish vehicle parking areas which have adequate capacity and which are appropriately located and designed to minimize any hazardous conditions on the site and at access points. 18.765.020 Applicability of Provisions A. New construction. At the time of the erection of a new structure within any zoning district, off- street vehicle parking will be provided in accordance with Section 18.765.070. 43 PARTITION APPLICATION FINDING The Applicant is proposing 2 parcels and the existing home is to remain on Parcel 1. The onsite parking standards are already met on Parcel 1. Parcel 2 will be either developed by the owner and or sold to another homebuilder. All future homebuilders will be required to meet the standards of this section of the Code as part of the building permit review process. The standards require a minimum of one off-street parking space for each single family detached house. It should be noted that parcel 2 will have a large enough building footprint to feasibly construct a two-car garage and a two-car driveway that will accommodate at least four cars. Based on the size and configuration of the parcels being proposed, both lots can and will meet the requirement for a single off-street parking space. Therefore,the criterion is met. D. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I review, as governed by Section 18.390.030. FINDING Site design review is not required with this application this criterion does not apply. E. Building permit conditions. The provision and maintenance of off-street vehicle parking and loading spaces are the continuing obligation of the property owner: 1. No building or other permit shall be issued until plans are presented to the Director to show that property is and will remain available for exclusive use as off-street vehicle parking and loading space; and 2. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of vehicle parking and loading space required by this title; 3. Required vehicle parking shall: a. Be available for the parking of operable passenger vehicles of residents, patron and employees only; b. Not be used for storage of vehicles or materials or for the parking of trucks used in conduct of the business or use;and c. Not be rented, leased or assigned to any other person or organization. FINDING The Applicant does not intend to build any new structures at this time. The Applicant will not be building any new off-street parking areas as part of this application. As a consequence, this section of the Code does not apply to this land use review. Therefore, the criterion above is not applicable to this application. 44 PARTITION APPLICATION 18.765.030 General Provisions A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. B. Location of vehicle parking. The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s); 2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the property line that they are required to serve, measured along the most direct, publicly accessible pedestrian route from the property line with the following exceptions: FINDING The Applicant at this time is intending to sell Parcel 2 to another homebuilder,but may choose to develop it. The homebuilder will be required to meet the standards of this section of the Code. The Applicant is proposing lot sizes that will support a house with a two-car garage and a driveway with two additional parking spaces for cars. Homebuilders should have no difficulty meeting the requirements of this section of the Code. Therefore, the criterion is met. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. FINDING All curb cuts will be in accordance with Section 18.810.030.N. 18.765.070 Minimum and Maximum Off-Street Parking Requirements A. Parking requirements for unlisted uses. 1. The Director may rule that a use, not specifically listed in Section 18.765.070.H, is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the Director's decision be rendered in writing, it shall constitute a Director's Interpretation, as governed by Section 18.340; 2. The Director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. FINDING The type of use proposed is a permitted use in the zone. The above criterion is not applicable to this application. 45 PARTITION APPLICATION C. Measurements. The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in Section 18.765.070.H:• 1. Fractions. Fractional space requirements shall be counted as a whole space; 2. Employees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required, the employees counted are those who work on the premises-during the largest shift at the peak season; 3. Students. When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school term; 4. Space. Unless otherwise specified, where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to covered off-street parking or loading. FINDING The Applicant is proposing 2 parcels. Based on the requirements of this chapter of the Code, one parking space is required for each dwelling unit. The Applicant has proposed a lot size that will support a house with a two-car garage and a driveway with two additional parking spaces for cars on Parcel 2. This project will not create fractional space requirements and the remaining provisions of this section of the Code do not apply to this land use review. D. Exclusions to minimum vehicle parking requirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070.H:• 1. On-street parking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement except; Religious Institutions may count on-street parking around the perimeter of the use provided that the following criteria have been satisfied: a. The on-street parking is on a street that is designed and physically improved to accommodate parking within the right-of-way; b. The street where on-street parking is proposed is not located oW local residential streets. 2. ' Fleet parking. Required vehicle parking spaces may not be used for storage of fleet vehicles, except when a use can show that employee and fleet parking spaces are.used interchangeably, e.g., the employee drives the fleet vehicle from home, or the spaces are used for fleet storage only at night and are available for employee use during the day. For the purposes of this title, space exclusively devoted to the storage of fleet vehicles will be considered as outdoor storage. 46 PARTITION APPLICATION FINDING There are no maximum parking requirements for single-family detached housing and, as a consequence, the requirements of this section of the Code do not apply to this land use review. F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle parking spaces may be permitted as follows: ...... • FINDING Based on the requirements of this chapter of the Code, one parking space is required for each dwelling unit. The Applicant is proposing lot sizes that will support a house with a two-car garage and a driveway with two additional parking spaces for cars. The Applicant is not seeking a reduction in the off-street parking requirements for this project. Therefore, this criterion does not apply. A reduction to the off-street parking requirements is not requested. Therefore, this criterion does not apply. G. Increases in maximum required vehicle parking. The Director may increase the total maximum number of vehicle spaces allowed in Section 18.765.070.H by means of a parking adjustment to be reviewed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in section 18.370.020.C.5.d. FINDING There are no maximum parking requirements for single-family detached housing and, as a consequence, the requirements of this section of the Code do not apply to this particular land use review. H. Specific requirements. (See Table 18.765.2) FINDING The Applicant is proposing 2 parcels. Based on the requirements of this chapter of the Code, one parking space is required for each dwelling unit. The Applicant is proposing lot sizes that will support a house with design for a two-car garage and a driveway with two additional parking spaces for cars. The parking requirements are shown to be met. 47 PARTITION APPLICATION Chapter 18.775 Sensitive Lands & Steep Slopes FINDING The site does not have any sensitive lands or steep slopes on it. Therefore this section of the code is not applicable. Chapter 18.790 TREE REMOVAL 18.790.010 Purpose A. Value of trees. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers. B. Purposes. The purposes of this chapter are to: 1. Encourage the preservation,planting and replacement of trees in the City; 2. Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of trees; 3. Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; 5. Protect water quality; 6. Provide incentives for tree retention and protection;and 7. Regulate commercial forestry to control the removal of trees in an urban environment. C. Recognize need for exceptions. The City recognizes that, notwithstanding these purposes, at the time of development it may be necessary to remove certain trees in order to accommodate structures, streets utilities, and other needed or required improvements within the development. 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review,planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 48 PARTITION APPLICATION 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25%to 50%of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d Retention of 75%or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. C. Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. FINDING Tree Care & Landscapes Unlimited, a certified arborist, has prepared a tree assessment for the site which has been included with the application. The arborist has identified 6 trees on the site that are greater than six inches in diameter. None of the trees on the site are exempt. The total diameter of the (6)healthy trees greater than 12 inches on the site is 175"inches. One out of the six significant trees (#1561) is proposed for removal. Tree (# 1561) is 26 diameter inches. All five trees proposed to be saved will be protected using methods as shown on the Tree Preservation Plan, which has been stamped and approved by the applicant's arborist... With 85% tree retention on the site, the Applicant is not required to provide any additional tree mitigation. Trees #1558,#1559,#1560, #1562, and#1563 will be insured protection by filing a notice of development restriction. The applicant will record a notice of development restriction prior to final plat approval. The tree removal plan submitted by the applicant clearly illustrates which tree will be impacted by the private drive, utilities and future home construction on all lots. Please reference tree Exhibits for more specific information in regards to calculations, tree removal and proposed tree preservation. 49 PARTITION APPLICATION 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. C. Site development modifications granted as incentives. A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. D. Design modifications of public improvements. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere FINDING The Applicant is not requesting any of the above incentives to accommodate tree retention. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability,flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75%canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. 50 PARTITION APPLICATION FINDING No Sensitive Lands exist on site. Therefore, the criterion does not apply. 51 PARTITION APPLICATION Chapter 18.795 VISUAL CLEARANCE AREAS 18.795.010 Purpose A. Purpose. The purpose of this chapter is to establish standards which will assure proper sight distances at intersections to reduce the hazard from vehicular turning movements. 18.795.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. When site development review is not required Where the provisions of Chapter 18.330, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter through a Type I procedure, as governed by Section 18.390.030, using the standards in this chapter as approval criteria. 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited A clear vision area shall contain no vehicle, hedge, planting,fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists,from the street center line grade, except that frees exceeding this height may be located in this area,provided all branches below eight feet are removed C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings,fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. FINDING As shown on the proposed preliminary partition plan set,both parcels can conform to this section of the code. When Parcel 2 is sold, the responsibility will shift to homebuilder and future homeowners to insure that visual clearance is maintained during the construction of homes, planting of street trees and installation of landscaping. Therefore,the criterion is met. 52 PARTITION APPLICATION 18.795.040 Computations A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.795.1: 1. Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where both streets and/or driveways are less than 24 feet in width, a visual clearance area shall be a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of a single family and two family residence, and 30 feet back from the property line on all other types of uses. FINDING The subject site is located on a non-arterial street. The visual clearance areas have been shown and labeled on the preliminary development plan set submitted with this application. Therefore, the criterion is met. 53 PARTITION APPLICATION Chapter 18.810 STREET AND UTILITY IMPROVEMENT STANDARDS 18.810.010 Purpose A. Purpose. The purpose of this chapter is to provide construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. 18.810.020 General Provisions A. When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to development comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. B. Standard specifications. The City Engineer shall establish standard specifications consistent with the application of engineering principles. C. Section 7.40 applies. The provision of Section 7.40 of the Tigard Municipal Code shall apply to this chapter. D. Adjustments. Adjustments to the provisions in this chapter related to street improvements may be granted by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria in Section 18.370.030 C9. E. Except as provided in Section 18.810.030S, as used in this chapter, the term "streets" shall mean "public streets"unless an adjustment under Section 18.810.020.D is allowed (Ord 99-22) 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. 2. No development shall occur unless streets within the development meet the standards of this chapter. 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter,provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. 4 Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter; 5. If the City could and would otherwise require the applicant to provide street improvements, the City Engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; 54 PARTITION APPLICATION b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets;or f Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. 6. The standards of this chapter include the standard specifications adopted by the City Engineer pursuant to Section 18.810.020.B. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interest, the approval authority shall consider the criteria listed in Section 18.810.030 E.1. An adjustment to the standards may not be granted if the adjustment would risk public safety. FINDING The site has 90 feet of lineal frontage along SW 95th Ave. Both parcels will continue to access SW 95th Ave directly. No additional right of way is proposed to be dedicated along SW 95th Ave. SW 95th Ave is currently 60 feet in total right of way width. The existing 60 foot width is already sufficient. The existing right of way width will allow the sites frontage to be improved with half street improvements that include; 16 feet of pavement from centerline, concrete curb, storm sewer and other underground utilities, sidewalk, planter strip and street trees as described on page 1 of 6 on the Engineering preapplication notes. However, upon further discussion with City of Tigard Engineering staff in regards to '/2 street improvements it was decided that the future public improvements along the sites 95th Ave frontage., be postponed until such a time comes when it is feasible to accomplish a larger scale of public street improvements. The applicant requests the city allow a future improvement guarantee to be recorded prior to final partition plat approval. The proposed document will guarantee future Y2 street improvements to SW 95th Ave. Therefore this criterion can and will be met. 55 PARTITION APPLICATION 5. Improvements to streets shall be made according to adopted City standards, unless the approval authority determines that the standards will result in an unacceptable adverse impact on existing development or on the proposed development or on natural features such as wetlands, steep slopes or existing mature trees. In approving an exception to the standards, the approval authority shall determine that the potential adverse impacts exceed the public benefits or the standards. In evaluating the public benefits, the approval authority shall consider the criteria listed in Section 18.810.030 El. FINDING All improvements will be designed and will be built to City standards. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however, the Council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the Council for the purpose of general traffic circulation: 1. The Council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the Council to be present: a. Establishment of a street is initiated by the Council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use;or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the Commission to the Council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval: a. The applicant shall submit such additional information and justification as may be necessary to enable the Commission in its review to determine whether or not a recommendation for approval by the Council shall be made; b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title; c. The Commission in submitting the proposal with a recommendation to the Council may attach conditions which are necessary to preserve the standards'of this title;and 3. All deeds of dedication shall be in a form prescribed by the City and shall name "the public,"as grantee. FINDING No additional right-of-way is proposed to be dedicated along SW 95th Ave. Therefore, the criterion is no applicable to this application. 56 PARTITION APPLICATION C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created: 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code Section 10.207; 2. Access shall be in accordance with Sections 18.705.030.H and 18.705.0301. FINDING Parcel 1 will retain the existing driveway and Parcel 2 will be provided access via its own private driveway. An access easement will be recorded to ensure the future owner of Parcel 2 maintains the right to access their property across the south boundary of parcel 1.The private drive will be maintained in accordance with the Uniform Fire Code and in accordance with sections 18.705.030.H and 18.705.030.I by the future homeowner of Parcel 2. The requested access is the only reasonable alternative to allow for the future development and retain the existing home on Parcel 1. D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the City Engineer in accordance with Subsection M below; and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the Commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. FINDING The proposed improvements have been designed and will be built in full compliance with the regulations applicable to the standards of this section. The Aerial Photograph Plan submitted with this application demonstrates that the proposed streets system around the site cannot provide for continuation or projection of existing streets into the surrounding areas because they are all fully developed. Therefore,the criterion is met. E. Minimum rights-of-way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be 57 PARTITION APPLICATION determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1. 1. The decision-making body shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the Comprehensive Plan Transportation Chapter-Functional Street Classification; b. Anticipated traffic generation; c. Oh-street parking needs; d Sidewalk and bikeway requirements; e. Requirements for placement of utilities; f Street lighting; g. Drainage and slope impacts; h. Street tree location; i. Planting and landscape areas; j. Safety and comfort for motorists, bicyclists, and pedestrians; k Access needs for emergency vehicles. TABLE 18.810.1 Minimum Widths for Street Characteristics s k Type of Street _� -g e = eo L. p -C ii a ` M. •-• Y3 1.1 a 3 - d m 'o p. r o Arterial 64'-12s' Varies 2-7 12' N/A 6'(New Streets) 8'(Res.&lnd.Zones) _ 5' 124" (Refer to 5'-6'(Existing Streets) 10'(Comm.Zones) TSP) Collector 58-96' Varies 2-5 11' N/A 6'(New Streets) 6'(Res.&Ind.Zones) 5 11" (Refer to 5'-6'(Existing Streets) 8'(Comm.Zones) TSP) , Neighborhood 50-58' 28'-36' 2 10' 8' 5'-6' 5'-647) Route 5' N/A Local: Industrial/Commer 50' 36' 2 N/A 5'--642) vial ' 5' N/A Local: Residential • N/A Under 1500 ADT 54 75043) 32728'x') 2 8'(both sides) N/A 5'-64') Under 500 ADT 50'4643) 28'24'x') 2 8'(one side) N/A 5' Under 200 ADT 46 74243) 24 72043) 1 (No Parking) N/A 58 PARTITION APPLICATION Cul-de-sac bulbs 50' 42'radius N/A N/A N/A NM in Industrial and radius Commercial zones Cul-de-sac bulbs 47' 40'radius N/A N/A N/A NM N/A in Residential radius zones Alley: Residential 16' 16' N/A N/A NM N/A N/A Alley.: Business 20' 20' N/A NM N/A NM NM (Ord. 02-33) t Medians required for 5 and 7 lane roadways. They are optional for 3 lane roadways. 2 Sidewalk widths for these streets shall be 5 ft with landscape strip; 6 ft if against curb(f permitted in accordance with 18.810.070.C). 3 "Skinny Street"roadway widths are permitted where cross section and review criteria are met. Refer to corresponding cross sections (Figures 18.810.3, 18.810.4 and 18.810.5)for details and conditions. FINDING SW 95th Ave is a local public neighborhood street and the existing 60 foot wide right of way width is already sufficient. The future street improvements have been designed to meet the standards outlined in the table above. F. Future street plan and extension ofstreets. 1. A future street plan shall: a. 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 other parcels within 530 feet surrounding and adjacent to the proposed land division. At the applicant's request, the City may prepare a future streets proposal. Costs of the City preparing a future streets proposal shall be reimbursed for the time involved. A street proposal may be modified when subsequent subdivision proposals are submitted. b. Identify existing or proposed bus routes,pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 530 feet of the site. FINDING A plan has been included with this application showing all existing streets and properties within 530+ feet in the surrounding area and the location of the proposed private drive on the north boundary of the site, properties to the north, south, and east of the site are developed to the R-4.5 standard. The Aerial Photograph and Circulation Plan submitted with this application demonstrates that the existing street system within and around the development cannot provide for continuation or projection of existing streets into the surrounding areas because they are all fully developed at this time. There are no existing or proposed bus routes, pullouts or other transit facilities within 530 feet of 59 • PARTITION APPLICATION the site. SW 95th Ave is a neighborhood local street. No new street connections are proposed or could be achieved with this application. Therefore,this criterion is shown to be met. 2. 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, and a. These extended streets or street stubs to adjoining properties are not considered to be culs- de-sac since they are intended to continue as through streets at such time as the adjoining property is developed b. 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. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. FINDING No new street connections are proposed or could be achieved with this application. Therefore, this criterion not applicable to this application. All properties to the east, south and north are developed to the R-4.5 standard. Therefore, this section is not applicable to this application. G. Street spacing and access management. Refer to 18.705.030.H. H. Street alignment and connections. 1. 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. FINDING No new street connections are proposed or could be achieved with this application. Therefore, this criterion not applicable to this application. 2. 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 considered 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. 60 PARTITION APPLICATION FINDING No new street connections are proposed or could be achieved with this application. Therefore, this criterion not applicable to this application. 3. Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. 4. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. FINDING No new public streets or street extensions are proposed or could be achieved at this time; therefore this section is not applicable to this application. I. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 75°unless there is special intersection design, and: 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle;and 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. FINDING The proposed private drive to serve Parcel 2 has been designed and will be built to meet the standards of this section of the Code by creating right-angle intersections. Therefore, the criterion is met. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. FINDING The existing 60 foot public right of way width along SW 95th Ave is more than sufficient in terms of right-of-way width. No additional right of way is proposed for dedication; therefore, the criterion is met. K Partial Street Improvements. Partial street improvements resulting in a pavement width of less than 20 feet; while generally not acceptable, may be approved where essential to reasonable development 61 PARTITION APPLICATION when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when the adjoining property developed. FINDING The Applicant is not proposing partial street improvements and, as a consequence, the requirements of this section of the Code do not apply to this land use review. L. Culs-de-sacs. 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: 1. All culs-de-sac shall terminate with a turnaround Use of turnaround configurations other than circular, shall be approved by the City Engineer;and 2. The length of the cul-de-sac shall be measured from the centerline intersection point of the two streets to the radius point of the bulb. 3. 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. FINDING No cul-de-sacs are proposed; therefore this criterion does not apply. M Street names. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the City Engineer. FINDING No new street names are proposed all public streets that surround the site exist. N. Grades and curves. 1. 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), and 2. Centerline radii of curves shall be as determined by the City Engineer. 62 PARTITION APPLICATION FINDING The private driveway will serve parcel 2 and it has been designed and will be built to meet the adopted City standards. Street grades, profiles and centerline radii are shown on the Preliminary Plan set that has been submitted with this application. No grade exceeds 12%. Therefore, the criterion is met. 0. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080;,gnd:• 1. Concrete curbs and driveway approaches are required; except 2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval;and 3. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. FINDING Concrete curbs and gutters will be installed at the time Y2 street improvements are constructed along the sites frontage. Review through the building permit process will insure that the applicant and or future homeowner meet the standards of this section of the Code. Therefore, the criterion is met. P. Streets adjacent to railroad right-of-way. Wherever the proposed development contains or is adjacent to a railroad right-of-way, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in nonindustrial areas. FINDING There are no railway right-of-ways within the immediate vicinity of the site and, as a consequence, the requirements of this section of the Code do not apply to this land use review. 5. Q. Access to arterials and major collectors. 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 FINDING No access is proposed onto an arterial or collector street. Therefore,this criterion does not apply 63 PARTITION APPLICATION R. Alleys,public or private. 1. Alleys shall be no less than 20 feet in width. In commercial and industrial districts, alleys shall be provided unless other permanent provisions for access to off street parking and loading facilities are made. 2. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. FINDING No alleys will be created as a result of this application and, as a consequence, the requirements of this section of the Code do not apply to this land use review. S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the City that all boundary and interior monuments shall be reestablished and protected. FINDING Survey monuments will be established and protected as prescribed by the Code. Therefore, the criterion is met. T. Private Streets. 1. Design standards for private streets shall be established by the City Engineer;and 2. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi family residential developments. FINDING One private drive is proposed. It will serve Parcel 2. The private drive has been designed to the standards established by the City. Since the private drive to serve Parcel 2 will not be shared a maintenance agreement is not required. The private drive will serve one future dwelling and therefore a Planned Development is not required or proposed with this application. U. Railroad crossings. Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the public works Director and approved by the Commission. 64 °ARTITION APPLICATION FINDING There are no railways in the immediate vicinity of the site and, as a consequence, no railroad crossings are required. V. Street signs. The City shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the responsibility of the developer. FINDING The Applicant agrees to bear the cost of any additional street signs required. Therefore, the criterion can and will be met. W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or development plan, and shall be approved by the City Engineer/US Post Office prior to final plan approval;and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the City Engineer/US Post Office prior to final approval. FINDING Prior to final plat approval the mailbox locations will be submitted for approval. Therefore, the criterion can and will be met. X Traffic signals. The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed The cost shall be included as a condition of development. FINDING No traffic signals are required to serve the site and, as a consequence, the requirements of this section of the Code do not apply to this land use review. Y. Street light standards. Street lights shall be installed in accordance with regulations adopted by the City's direction. FINDING Street lights will be installed as required. Therefore, the criterion is met. 65 PARTITION APPLICATION Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. FINDING The Applicant agrees to bear the cost of any additional street signs if required. Therefore, the criterion is met. • AB. Traffic calming. When, in the opinion of the City Engineer, the proposed development will create a negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the City to help pay for traffic calming measures that become necessary once the development is occupied and the City Engineer determines that the additional traffic from the development has triggered the need for traffic calming measures. The City Engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision,prior to the approval of the final plat. The funds will be held by the City for a period of five(5)years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the City within the five-year time period will be refunded to the developer. FINDING No traffic calming measures are proposed. Therefore, the criterion does rot apply. AC. Traffic study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: FINDING A Traffic Study should not be required as the future development of site will generate 10 new daily vehicle trips allowing for the existing residence the on the site. The site is not located next to a high impact intersection. The site is not located by an ODOT facility and adequate site distance is available in both directions. 18.810.040 Blocks A. Block Design. 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. B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: 66 PARTITION APPLICATION a. Where street location is precluded by natural topography, wetlands or other bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. c. For non-residential blocks in which internal public circulation provides equivalent access. 2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is exempted by B.1 above. 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. (Ord. 02- 33) FINDING No blocks could be created due to existing development patterns surrounding the site. Therefore, this criteria does not apply. 18.810.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development traversed by a watercourse, or drainageway, there shall be provided a storm water easement or drainage right-of- way conforming substantially with the lines of the watercourse. B. Utility easements. A property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The City's standard width for public rk main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. FINDING All easements have been designed to meet the standards of this section of the Code and are shown on the preliminary development plans that have been submitted with this application. The Applicant will continue to work with the City and applicable districts and utility franchises with regard to the provision and dedication of all utility easements necessary to provide full services to the proposed partition. Therefore, the criterion is met. 18.810.060 Lots A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and: 1. No lot shall contain part of an existing or proposed public right-of-way within its dimensions; 2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less than 1-1/2 times the minimum lot size of the applicable zoning district; 3. Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off street parking and service facilities required by the type of use proposed. 67 PARTITION APPLICATION FINDING The site is zoned R-4.5, a Low Density Residential District, and the Applicant proposes to partition the site into two (2) parcels. Public right-of-way and the access easement to Parcel 2 have not included in any lot area calculations. Proposed lot depths of are not greater than 2.5 times the widths. Therefore, the criterion is met. B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley,for a width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050 (C) applies, or unless the lot is for an attached single-family dwelling unit, in which case the lot frontage shall be at least 15 feet. FINDING As the Preliminary Plat indicates, both of the proposed parcels have the required amount of frontage on a public street. Therefore,the criterion is met. C. Through lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and: 1. A planting buffer at least ten feet wide is required abutting the arterial rights-of-way;and 2. All through lots shall provide the required front yard setback on each street. FINDING No through lots will be created as a result of this application. Therefore, the criterion does not apply. D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. FINDING All proposed future lot lines are at right angles to the street that fronts the lot. E. Large lots. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the Commission may require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for the extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size. The land division shall be denied if the proposed large development lot does not provide for the future division of the lots and future extension of public facilities. FINDING None of the proposed parcels could be divided in the future with consideration to the zoning standards for the R-4.5 zone. 68 PARTITION APPLICATION 18.810.070 Sidewalks A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting City standards along at least one side of the street. All other streets shall have sidewalks meeting City standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street B. Requirement of developers 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identj direct, safe (1.25 x the straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities and Neighborhood Activity Centers(schools,parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk, on the same side of the street as the development, within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). FINDING The applicant has shown a future street design along SW 95th Ave to the standards set forth by the City. C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities, there are significant natural features (large trees, water features, etc) that would be destroyed if the sidewalk were located as required, or where there are existing structures in close proximity to the street (15 feet or less)Additional consideration for exempting the planter strip requirement may be given on a case by case basis if a property abuts more than one street frontage. FINDING The applicant has shown a future street design along SW 95`x' Ave to the standards set forth by the City. 18.810.080 Public Use Areas A. Dedication requirements. 1. Where a proposed park,playground or other public use shown in a development plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. 69 PARTITION APPLICATION 2. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. B. Acquisition by public agency. If the developer is required to reserve land area for a park, playground, or other public use, such land shall be acquired by the appropriate public agency within 18 months following plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall be released to the subdivider. (Ord. 99-22) • FINDING No public use areas are being proposed with this application and, as a consequence, no dedication or acquisition of these areas is required and the criterion does not apply. 18.810.090 Sanitary Sewers A. Sewers required Sanitary sewers shall 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. D. Permits denied Development permits may be restricted by the Commission or Hearings Officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. • FINDING As shown on the proposed plans, the sanitary sewer system has been designed to serve both parcels. Therefore, the criterion is met. 18.810.100 Storm Drainage A. General provisions. The Director and City Engineer shall,issue a development permit only where adequate provisions for storm water and flood water runoff have been,made, and: . 1. The storm water drainage system shall be separate and independent of any sanitary'sewerage system; 70 PARTITION APPLICATION 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street;and 3. Surface water drainage patterns shall be shown on every development proposal plan. FINDING As shown on the proposed utility plan, the stormwater drainage system has been designed to serve each lot within the site. Stormwater will be directed west towards SW 95th Ave then to the downstream system that serves the area. The existing drainage system has adequate capacity to serve the future development. The applicant proposes to pay a fee in lieu to the City of Tigard to meet stormwater treatment standards. Therefore, the criterion is met. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. FINDING No watercourse, drainage way, channel, or stream exists on site. As a consequence, the requirements of this section of the Code do not apply to this land use review. C. Accommodation of upstream drainage. 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, and: 1. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). FINDING The upstream drainage system has been for the most part fully developed. With one additional dwelling proposed there should be adequate capacity to handle any additional stormwater which will result from one additional home. If the City determines it is necessary a fmal storm report will be prepared by a licensed engineer from the State of Oregon if determined necessary prior to fmal construction plan approval verifying the proposed system has been designed to handle the additional capacity created by the proposed development. Therefore, the criterion can and will be met. D. Effect on downstream drainage. 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 71 PARTITION APPLICATION Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). FINDING The proposed development is small in nature in relationship to the existing drainage and development downstream of the site. At the time of future development and in the event the City Engineer determines the existing drainage would be overloaded as a result of any new development, the applicant will comply with the Director's recommendations. 18.810.110 Bikeways and Pedestrian Pathways A. Bikeway extension. 1. As a standard, bike lanes shall be required along all Arterial and Collector routes and where identified on the City's adopted bicycle plan in the Transportation System Plan(TSP). 2. 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 rights-of-way, provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this document and on the adopted bicycle plan. B. Cost of construction. 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 in an amount roughly proportional to the impact of the development. C. Minimum width. 1. Minimum width for bikeways within the roadway is five feet per bicycle travel lane. 2. Minimum width multi-use paths separated from the road is ten (10).feet. The width may be reduced to eight(8)feet if there are environmental or other constraints. 3. The minimum width for pedestrian only off-street paths is five(5)feet. 4. Design standards for bike and pedestrian-ways shall be determined by the City Engineer. (Ord. 02-33, Ord 99-22) FINDING SW 95th Ave is not a designated bikeway. No bike lanes are proposed. The applicant has proposed public street improvements that are consistent with requirements for a local street. 72 PARTITION APPLICATION 18.810.120 Utilities A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The City reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets;and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the City Engineer for review and approval; and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. FINDING There are existing overhead utility lines which run along SW 95th Ave to be specific (telephone and cable on the east side, power on the west. The applicant will pay a fee in lieu to the City of Tigard to underground the utilities that run adjacent to the sites frontage on the west side of SW 95th Ave. All necessary easements will be shown on final development plans for all underground utility facilities and those plans will be submitted to the City Engineer for review and approval. Therefore, the criterion is met. 18.810.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. B. Cash deposit or bond 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. C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section 18.430.090. FINDING The Applicant will secure a bond for all improvements that will be required as part of any future development. The bond will comply with the terms and conditions of Section 18.430.090. Therefore, the criterion is met. 73 PARTITION APPLICATION 18.810.140 Monuments A. Replacement required Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. FINDING The Applicant would replace any monuments that are disturbed if any prior to completion of all future improvements. Therefore, the criterion can and will be met. 18.810.150 Installation Prerequisite A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City,permit fee paid, and permit issued. B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. The permit fee shall be set by Council resolution. FINDING No public improvements will be undertaken on the applicant until the appropriate plans have been approved by the City, permit fees have been paid and permits have been issued. Therefore, the criterion is met. 1&810.160 Installation Conformation A. Conformance required In addition to other requirements, improvements installed by the developer either as a requirement of these regulations or at his own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the City. B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon Chapter A.P.W.A., and Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. FINDING All improvements installed by the Applicant will conform to the requirements of this chapter and to improvement standards and specifications followed by the City. Therefore, the criterion is met. 18.810.170 Plan Check A. Submittal requirements. Work shall not begin until construction plans and construction estimates have been submitted and checked for adequacy and approved by the City Engineer in writing. The developer can obtain detailed information about submittal requirements from the City Engineer. 74 PARTITION APPLICATION B. Compliance. All such plans shall be prepared in accordance with requirements of the City. FINDING Prior to any work commencing on the site construction plans and construction estimates will be submitted, checked for accuracy and approved by the City Engineer in writing. All plans will be prepared in accordance with requirements of the City. Therefore, the criterion is met. 18.810.180 Notice to City A. Commencement. Work shall not begin until the City has been notified in advance. B. Resumption. If work is discontinued for any reason, it shall not be resumed until the City is notified. FINDING As required above the City would be given advance notice before any work commences on the site. Therefore, the criterion is met. 18.810.190 City Inspection A. Inspection of improvements. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. FINDING The Applicant understands and accepts that all future improvements will be inspected by the City, must be built to the City's satisfaction and that unusual site conditions may force changes to construction plans, sections or details. Therefore,the criterion is met. 18.810.200 Engineer's Certification A. Written certification required. The developer'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 City acceptance of the subdivision's improvements or any portion thereoffor operation and maintenance. FINDING The owner or developer's engineer will provide written documentation to certify that all improvements, workmanship and materials meet current and standard engineering and construction practices. This certification will be submitted for review and approval prior to the City's acceptance of the subdivision's improvements. Therefore, the criterion is met. 75 PARTITION APPLICATION CONCLUSION Based upon compliance with all applicable review criteria as addressed herein above, the applicant requests the City of Tigard approve this application for a two (2) parcel partition and Type 1 minor adjustment to the landscaping standards to utilize existing mature trees # 1560 and 1559 as street trees. IMPACT STUDY SANITARY SEWER SYSTEM The sanitary sewer laterals from the development will connect into the existing 8 inch public sanitary sewer line located within SW 95th Ave. and from there tie into the existing sanitary sewer system. The existing sanitary sewer system has adequate capacity to serve the proposed development. The sanitary sewer system has been designed to serve each lot within the development. STORMWATER SYSTEM The stormwater system has been designed to serve each lot. The applicant proposes to pay a fee to the City of Tigard to meet stormwater treatment standards. Stormwater will be transported by pipe and directed to towards the culvert in SW 95th Ave. Stormwater will be discharged into the existing drainage system that serves the area. If the City determines it is necessary a final storm system analysis will be included with the final construction drawings to verify the existing system has the adequate capacity at future build out. WATER SYSTEM The water system within the site has been designed to serve each lot. The existing home is already connected to the water line in 95th Ave and will continue to utilize,this existing service. The water service to serve parcel 2 will be connected to existing main line located within the SW 95th Ave. Water is available with enough volume and pressure to accommodate the one additional dwelling. TRAFFIC SYSTEM Currently, access is provided to the site via SW 95th Ave. All future residents will continue to access the site from SW 95th Ave. A future street plan has been included(in the form of an aerial photograph) with this application showing all existing streets and surrounding developments in the surrounding area. Streets have been extended in a logical fashion,providing access to all lots, circulation options within the neighborhood and connectivity throughout the study area. The existing circulation system has adequate capacity to serve the proposed development. 76 PARTITION APPLICATION NOISE There will be insignificant levels of noise generated from the development once the grading, infrastructure and home construction has been completed. The Applicant intends to conform to the noise regulations of the Tigard Municipal Code during the development of the lots and will limit construction to the timeframes specified by the Code. It will be the responsibility of the homebuilders to adhere to the noise regulations once home construction begins. The site is surrounded by detached single family homes with the same R-4.5 zoning. The proposed development represents a compatible use for the area. 77 C \AJS Service Avo ( ob ,' 1j + Jul. 2. 2008 4:41 P1 - -- No. 6231--P, i 'D ,������ ( IRR1 S MCMONAGLE RSSOC ro Suc rash ;_-_._/f,t- v (AL:u CoJDepl Co. - II JUN 2 5 2008- : Phones Phone# (oil- 3G� 5`Z - �39 - �s3 3 Fa" g3 _ (.3 Z- 12-3L Faxft By CleanWater $ •rvices a . !ear. cm Flle Number Sensitive Area Pre-Screening I O%- QO 1137- i Site Assessment Jurisdiction: City of Tigard, OR Property Information: (example 13230E101400 Owner Information: TexletID(s): 1S-1-35DC 'C/L 3300 Name:_Philippe Asnesae Company: Residential Inc. Address: P.O. Box 230635 Site Address: 11640 3W 95th Ave. Tigard, OR 972E1 Phone/Fax: 503-860-2631 / Nearest Cross Street: Greenbuxg Road 3 00 £t_ north E-mail; Development Activity: Check ell that apply Applicant Information: Addition to Single Family Residence (rooms,deck,garage) ❑ Name: Steve Bloomquiet Lot Line Adjustment ❑ Minor Land Partition ® Company: Harris Mctonagle Associates Inc_ Residential Condominium ❑ Commercial Condominium LI 8740 SW Scoffins street Address: Residential Subdivision El Commercial Subdivision ❑ Tigard, OR 97223 Single Lot Commercial ❑ Multi Lot Commercial Phone/Fax: 503-639-3453 / 503-639-1232 Other E-mail: steve @h-mc.com Will the project Involve Any off•alte work: YES n NO © Unknown n Location and description of off-site work; Additional Comments or Information that may be needed to understand your project: 2-Lot Partition This application does NOT replace The need or dradina and Erosion Control Permits,Connection Permits,Building Permits,Site Development Permits,DEO 1200.0 Permit or other permits ea Issued by ma Department of Environmental Quality,Department of State Lands and/or Department of the Army ODE. AJI required perinea and approvals must be obtained and completed under applicable local,slate,and federal law. By algning thls form,the Owner or Owner's eutborILed agent or representative,acknowledges end agrees that employees of Clean Weler Services have authority to enter the project site at all reasonable times for the purpose 01 inspecting project site conditions and gathering Information related to the project site, I certify that I am familiar with the information contained In this document,and to the beet or my knowledge and belief,this Information Is true,complete,and accurate. PrinVrype Name: -nrI'c.\/L.-1S\ea,..--q.4:t - Print/Type Title: tars&\k i?\an.�C signature Date: L-7-5-o Z12 FOR DISTRICT USE ONLY n Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A SERVICE PROVJDERJ-ETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required_ Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or J//"�11 within 200'of the Bite, Thle Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This document will serve ae your Service Provider letter ee required by Resolution and Order 07.20,Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,State,and federal law. ❑ Based on review of the submitted materials and best available information the above referenced project will not significantly Impact the existing or potentially sensitive area(s)found near the site.This Sensitive Area Pre-Screening Site Assessment does via eliminate the need to evaluate and protect additional water quality sensitive areas If they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07-20,Section 3.02,1. All required permits and approvals must be obtained and completed under appilceble local, state,and federal law. n This Service Provider Letter is not valid unless _ CWS approved site plan(s)are attached. n The proposed activity does not meet the definition of development or the lot was platted after 9/9/96 ORS 92.040(2), NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED, Reviewed By: reef f_.-� Date; ___ _ O A 2660 9W HBisboro Highway•Hillsboro,Oregon 07123 `fj�>' Phone; (603)891.6100-Pax: (803)8514-139• vww.cjeap.atnnavice;.wg titN/t?Map 1.See? Lar, finlimltecl TREE ASSESSMENT July 11, 2008 Philippe Agnesse PO Box 230635 Tigard, OR 97281 CC: Harris McMonagle RE: 11640 SW 95th Ave. Tigard, OR ID# Common Specie DBH Condition Additional Comments Name 1558 Oregon Quercus 29 Good 3 stems: 15,17,18 White Oak garryana 1559 Oregon Quercus 41 Good White Oak garryana • 1560 Oregon Quercus 40 Good White Oak garryana 1561 Douglas Fir Pseudotsuga 26 Good menziesii _ 1562 Deodar Cedrus deodara 12 Fair Cedar 1563 Douglas Fir Pseudotsuga 27 Good menziesii Respectfully, Kay Kinyon Certified Arborist #PN-0409 Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation MEMBER: Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Assoc. State Licensed Tree Service #62635•Landscape Contractor #5659•Chemical Application @000231•Insured P.O. Box 1566•Lake Oswego, OR 97035•503-635-3165•Vancouver 360-737-2646•Fax 503-635-1549 Visit our website at www.tclu.com•E-mail: info @tclu.com 4••=1).- s0111444:tk vh 1b 0 kerkii cc( flans I ATTENTION EXCAVATORS: AONfgef PATITION OREGON LAW REQUIRES YOU TO FOLLOW RULES ADOPTED BY THE I I,�,�J� _I n n I-}- N OREGON UTILITY NOTIFICATION CENTER. THOSE RULES ARE SET �-7--� FORTH IN OAR 952-001-0010 THROUGH OAR 952-001-0090. YOU MAY OBTAIN COPIES OF THE RULES BY CALLING THE CENTER r. AT (800) 332-2344 OR (503) 232-1987. IF YOU HAVE ANY I ��� ,,�� _'-, �,■• -� �• -,\1 1 4 0 ST H AVE VIM r—— W QUESTIONS ABOUT THE RULES, YOU MAY CONTACT THE CENTER. I 1 YOU MUST NOTIFY THE CENTER AT LEAST TWO BUSINESS DAYS - ■_ _BEFORE COMMENCING ANY IXCAVATION. CALL 503-246-6699 I I m LocATES ■ .1; °:'4: =Vilm U•-DEVELOPMENT REVIEW PLANSET 11 '�' (48 HOURS NOTICE REQUIRED PRIOR TO EXCAVATION) =II�.� , ,. .� �m ONE CALL SYSTEM LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 35, ���`E; La��� ��' „tit =am C GS, CABLE, POE,OWA.SHw000NTY) 503-246-6699 ,.1 TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN t=d'M�� • �ml,I �'w an n o lt CITY OF TIGARD, WASHINGTON COUNTY, OREGON ..n ..I .--mu...m...., . • 1• NORTHWEST NATURAL GAS - 800-882-3377 4i% • �T�■Ni -r ��� ,, ',� VERIZON - 800-483-2000 �k�� •4Pa dm _ ��1 PORTLAND GENERAL ELECTRIC - 503-542-8818 — .. _ ,. CLEANWATER SERVICES - 503-547-8100 OR 503-681-3600 �i 8. 4184 lip =5±, �. ' •G COMCAST - 503-605-4884 , \`�/,/ •_4,1r, '- H',m '�\ THE CONTRACTOR, IN LOCATION AND PROTECTING UNDERGROUND UTILITIES, o��•r,iLIT4p\ `,,�•W `' MUST COMPLY WITH THE REGULATIONS OF O.R.S. 757.541 TO 757.571. '�b•,.` �,,, �,, GENERAL SITE INFORMATION: VICINITY MAP w „ D =500' PROJECT SITE LOCATION z 350 FEET SOUTH OF THE INTERSECTION OF SW GREENBURG RD w OWNER/APPLICANT: ENGINEER AND SURVEYOR AND SW 95TH AVE; ALONG THE EAST SIDE OF SW 95Th AVE. SITE ADDRESS: 11640 SW 95TH AVENUE Q PHILIPPE AGNESSE HARRIS-MCMONAGLE ASSOCIATES, INC. LATITUDE-45'26'09-N, LONGITUDE=12746'27TW PO BOX 230635 8740 SW SCOFRNS ST GROSS SITE AREA=0.49 ACRES I TIGARD, OREGON 97281 TIGARD, OR 97223 (- PHONE: 503 860 2631 PHONE: (503) 639-3453 LO CONTACT: PHIUPPE AGNESSE CONTACT: JAY HARRIS PROPERTY DESCRIPTION rn WASHINGTON COUNTY TAX MAP: 1S 1 35DC TAX LOT 3300 ARHORIST LOCATED IN THE SW 1/4 SE 1/4 OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, TREE CARE AND LANSCAPES WASHINGTON COUNTY, OREGON TY NM 111-1-MIC 5600 SW ROSEWOOD ST. 144J T >9"w LAKE OSWEGO, OR 97035 30' =NM PHONE: (503) 635-3165 EXIT TING =aA MI CONTACT: KAY KINYON IIM 60'1 R/W / N 8914'07' E 238.09' RECE1VEL D. N SW LEW I S LN a PARCEL 2 ^°®°"° (T.B.M. #I) zi o P"' Sc. .: AUG 1 5 2008 .W 2 CATY OF T:GARD s 89'24'Or W 238.28' J f LANHIPL I/f:`,WEEP' EMI 11-411 �A. , Ac NEL$f PARTITION 'AE'w 11640 SW 95TH AVENUE --- -- DEVELOPMENT REVIEW PLANSET SHEET INDEX: -- BENCH MARK i _� Cover Sheet and Vicinity Map 1 OF 6 AVE Cm OF TIGARD BENCHMARK NUMBER 251 * '- I Existing Conditions Plan 2 OF 6 BRASS DISC IN THE CURB AT TIE SOUTHWEST CORNER =Ti,. II_`I Preliminary Plat Plan 3 OF 6 OF THE INTERSECTION OF SW GREENBURG ROAD AND SW 95TH AVE. HAVING AN ELEVATION OF 216.39 FEET. ELEVATION DATUM, WOO 29 Preliminary Grading Plan 4 OF 6 SURVEY CONTROL Preliminary Utilities Plan 5 OF 6 1, 4999.41, 2993.63, 215.11,PK Top :48ii'......., 2, 4750.59, 2998.32. 208.72,PK Top c'`AO �., Aerial Photograph 6 OF 6 (S 01-04-44 E-248.66') '! 0 40 60 TEMPORARY BENCH MARK (T.B.M. #1) 1 ' REVISED: AUGUST 14 TOP OF FIRE HYDRANT NUT SCALE: 1'=40' 2008 ELEVATION OF 206.35 FEET ,:�,�'�. 14, v ... n'.: SITE MAP MINOR LAND PARTITION (MLP) REFERENCE INFORMATION: REVISIONS - DESS1 RKW HMC Harris-McMonag/e AONfSOE PAI'77770N SCALE 11-40 _ PHILIPPE AGNESSE DR 11640 SW 95TH A ENUE DRAWING NAME PO BOX 230635 RKW Since Associates, Inc, COVER TIGARD,OREGON 97281 CHECKED 1968 ENGINEERING-SURVEYING-PLANNING SHEET 503 860 2631 JOH 8740 SWScofns Street Tigard,Oregon 97223 COVER SHEET 1 DATE Tel.(503)639-3453 Fax(503)639-1232 6/27/08 VICINITY MAP OF 6 REV. DESCR I PT 104 APPR. DATE _ TO SW GREENBURG RD II 1 I I' II I I' I I 1 ,4 EX BUILDING 1I P\ N _ JI- I• • IX BUILDING I It, I` w 0. -< -I I� II I Z HI POWER MAIN OVERHEAD PO a- 1.1.1 y ! CABLE AND TELEPHONE 1 1551 SW GREENBURG RI) I >_ I I TAX MAP IS-I-35DC TA 3001 ZONED R-4.5 I = 3 I ZONED R-4.5 EX BUILDING 131 11590 SW 95TH AVE Z TAX MAP IS-I-35DC CWS Ili I I�1 TA 3200 GRATE 208.62 — — — — IE 204•/our ZONED R-4.5 (NOICP. OM) N• - I3 - EX D/'N EX NOUSE - _ x. r . , M1 MF RPTAININO WA��. X _ 3 t,-� C X _ _ _ I m�R WAIN LfNK FENCE " " 'NO FEILCE I1 GAS METER �y3Iin63 ', ` _ ' iJ 762 FIR EX A/C 0/W METAL POST ��v-'��,, J ' MAILBOX _ •_ GARAGE _ _ - ' Sy{ .PINE ID 1558 CWS 59307 SSW a WM Lq'OAK. WOOp KEYSTONE O - - - 9c RIM 208.19 �A Dea PLANTERS yWO 11575 SW GREENBURG RD IE 194.91 CL 1559 S NO `, �- _ TAX MAP IS-I-35DC NO STEPS , 42'OAK _ - - x i - - = TA 3000 SAN- SAN ► SA i� _I _ 0 - - E ZONED R-4.5 ' I ,� - - _ SHED xs` - - - - ^hw • FX Bu11DING SW LEW I S LN x EXISTING NGLISE (TO REMAIN) WEX A/C - ' - - - - In xi W hy0 5 x, - - I 1560 13 28.2' 42"OAK '�S'Y2§FIR STREET SIGN ,25.8' I x ' - - 'SW 95TH AVE' + _ _ 'SW LEVI IS LN X ' L1 'STOP' "±. '� X X 3'WAIN�NK fT]ME k., x' •� X 2 RAIL SLIT NA ILK I X _-I's_ X _ 5'WOOD FENCE x ```� EXISTING FH MAI 141 HIGH ARBORVITAE HEDGE .. - - \ TOP EL 206.35 �2 ; - - - _ _ - . . CRAI2 2p,Y� �1 Ex HOUSE IE 201.40 Our 6 - EX D/'A' IE 201.45 IN � 301,s- - - - -1- - ZONED R-4.5 EXISTING EX NOISE 11( 60' R/W J 11670 SW 95TH AVE 1q' 1 TAX MAP IS-I-35DC nN TA 3400 a ZONED R-4.5 m DI BUILDING 1 11680 SW 95Th AVE TAX MAP IS-1-35DC •waa„. • TA 3500 N CWS 65495 C8 < ZONED R-4.5 GRATE 199.05 I N I E 1116.80 OUT IE 197.10 IN— OUTFALL I� 4-' I I FOOT CONTOUR INTERVALS IE I 63 DI TL 0 20- 40• ,St1Y00 COMMERCIAL ST SCALE: 1' 20' I I MINOR LAND PARTITION (MLP) REVISIONS REFERENCE INFORMATION: DES IGN SCALE I RKW HMC Harris-McMonagle 74 6/`/f ggf P71/ .11640 SW 95TH AV r/T/ON ,,,=-20' DRAWPHILIPPE AGNESSE DRAFTED ENUE INC NAME PO BOX 230635 RKW Since Associates, Inc, EXCOND TIGARD.OREGON 9728: CHECKED 1968 ENGINEERING-SURVEYING-PLANNING SHEET 503 860 2631 JOH 8740 SW Scofns Street Tigard,Oregon 97223 EXISTING CONDITIONS 2 DATE Tel.(503)639-3953 Fax(503)639-1232 6/27/06 TOPOGRAPHIC SURVEY of 6 REV. DESCRIPTION APPR. DATE _ _ _ I _ P/L P/L !0'RKiR-OF-WAY --.-- ZO'PA4FLD/f ('WEST SIDE Di 95TH AVE) (EAST� SDE OF 95TH AVER I (UNIYPROV D) 20'TRAVEL IAN[ I 4t a BUILDING S ! EX BUILDING 6 '- l' I E� _. I I I SW 95TH AVENUE (EXISTING IMPROVEMENTS) I I NO SCALE • EXISTING :I 60' R/W . W D I I Z w 30' ONE OFF-STREET PARKING SPACE REOU IRED 1 1551 SW GREENBURG RD EXISTING RESIDENCE CURRENTLY HAS °°s""G S 1 AL PARKING AVAILABLE TAX MAP IS-I-35DC T/L 3001 50 RK,1R-OF-WAY ca ZONED R-4.5 I = ZONED R-4.5 EX BUILDING 32'PAVEMENT - 11- 11590 SW 95TH AVE —16' 1C I If) TAX MAP IS-I-35DC 5'PUBIJC+ 3.5 —5' 5'— . --S' TREE/1559 WILL REMAIN T/L 3200 UTILITY P D1 9DEWALK PLANTER P�^DT SIDEWAU4 PLANTER miry DUE TO SPACING I __ EASEMEH5 5 p �P E1 �tlP EASEMDR REDS IREMENTS,ONE STREET TREE I ZONED R-4.5 A P D.S'_..-...— A PEE W G E P O SW 95TH AVE ,^ IC STD CURB. 15'SID CURB: V) EX D/W O(HOUSE �q __ 78 I _ _.__ N 89'24'07 E 238.09' x ,n. I i/_�_ I .rc",�20.00 11a.os' \ _ QI '' ExA/CItW AR° "METALaPCST SW 95TH AVENUE FUTURE IMPROVEMENTS I I s r — — — _—15'REAR YARD SETBACK ( ) 1 a N NO SGLE KLTS10N LJ o THE APPUCANi WILL PROVDE A STREET IMPROVEAIEM GUARANTEE `^�v^7,, ; DEC PLANTERS 2 11575 SW GREENBURG F FOR THE FUTURE STREET IMPROVEMENTS ALONG THE EAST SIDE OF SW 95TH AVE l _;.D ∎NO ROOF "ED 6. i' FARCEL 2 °- 'a TAX MAP IS-I-35DC LWWLT�{�(l, I T/L 3000 �' PARC 7-I 8 12,416 SF m U'• ZONED R-4.5 = �I 8,979 SI (10,615 SF w/o FLAG) SW LEW I S LN ° N 11 EXISTING 1:DUST. TD Z fTl EX BUILDING O (TO REMAIN) CO 20. E0 LEGEND O v l 25 5� 10'SIDE YARD SETBACK J CD r1 2'MINIMITREET TREE 20'FRONT YARD SETBACK J CO PROPOSED STREET TREES CA 3 S 0�• W� L D'EP-N0 SPACING (R 2. CALIPER MINIMUM OS$7�f'7R�J DEPENDING CN THE TREE SPECIES_ (REQUEST CITY ARBORIST TO SELECT TYPE) ` � „„ _ OWNER TO SELECT FROM APPROVED CITY OF TI GARD STREE'TREE LIST PR ICR TO PARTITION PLAT APPROVAL 15' WIDEI ACCESS AND UT1LfT1T s' EMENT TO BENEFIT PARCEL 2 b ) TREES TO REMAIN X Y. k ,. \ ." --- '� S 89'24'07"N W 238.28, ' ACTUAL TREE LOCATIONS MAY CHANGE, DEPENDING ON FINAL STREET AND UTILITY LOCATIONS. AND LOCAL SOIL CONDRIONS IIIH AS SHOWN ON THE CONSTRUCTION PLANS. IX HOUSE SCREENING IS PEOUI RED ALONG THE SOUTH PROPERTY LINE ONE OFFHO SE PARKING DACE REQU IRCD DUE TO THE PROPOSED DRIVEWAY LOCATION BEING W11H IN OWNER TO PROVIDE AND SNOW PARK INC >;.';�w 10 FEET OF THE ADJACENT PROPERTY LINE ON THE HOUSE BUI LD INC PERMIT. — _- INSTALL 5'HICN BOARD ON BOARD CEDAR FENCE. (REMOVE EXISTING CHAIN LINK FENCE) CI'ZONED R-4.5 ED HOUSE 11670 SW 95TH AVE N TAX MAP IS-I-35DC T/L 3400 1 ZONED R-4.5 EX BUILD IN 11680 SW 95TH AVE TAX MAP IS-I-35DC . TA 3500 ZONED R-4.5 I I I 0 20 40 - SCALE: T'-2O' MINOR LAND PARTITION (MLP) REVISIONS REFERENCE INFGRLIATION: DESI RKW HMC Hargis-McMonag/e AGNf ggf PA7 T/7/ON I °20 PHILIPPEAGNESSE DRAFTED 1640 SW 95TH A ENUE DRAW ING NAME PO BOX 230835 RKW Since Associates, Inc. PREPLAT 1 TIGARD,OREGON 97281 CHECKED 1968 ENGINEERING-SURVEYING-PLANNING SHEET -' 503 B60 2631 JOH 8740 SW Sco fins Street Tigard,Oregon 97223 PRELIMINARY PLAT 3 DATE 27/08 re%(503)639-3453 Fax(503)639-1232 GENERAL CONDITIONS OF 6 REV. DESCRIPTION APPR. DATE I I ItJ� y II •1 I� 1 L. I`' I t < IX BUILD INC Q' r• ' I EX BUILDING 1I • r 1 1 , < I ittI G. p. t EXISTING I ; I. . 60' R/I.W I Li i a 1 I n I ` av U Z 2 '17---- SECONDARY POWER MAIN OVERHEAD POWER i Q<�� I_ CABLE AND TEL PHONE 11551 SW GREENBURG RD TAX MAP IS-I-35DC J1 I = I; I� T/L R-4 ZONED R-4.5 ZONED R-4.5 EX BUILD INC °W 11590 SW 95TH AVE ' `Ina xl TAX MAP IS-I-35DC cWS 1635313 CB Or II y - . T/L 3200 GRATE 206.82 -I — — --- — — ZONED R-4.5 IE 20589 OUT IE 2O..89 IN IW (No(di's NORTH)--�_` 0 EX O/Si IX HOUSE - .� 1 X41. 1i.. , _Or . .1_ 1 CC��""'??"7711'�, NEYS',!k1E Ps. .!Y _ v ......_..,�..K LINK x i x ',1'CHAIN LINK FENCE - - 'Nv FEHOE - "' - 1 1 I' s , Sex \ ! I_- ..yy I '_ I f\i.M"ctER 163 INSTALL - I Y I G T�..- '�" 3T�'.YMD SETBACK e �. "r IR N� CIPRDTiCr IDN — — — -- EX A,+c w ! _ MErnL PosT I y .F GARAGE - - I I '2 I5'REAR YARD SET SACK *A pox �. _ 1 I glNEE - I' CWS 59307 13519 ` I W A..,A'c AK„--"- �W'' ` KEYSTONE ,' `,` RIM 20.5'14 .r 7 bl N R )\ PLANTERS L9i01 u I I 1 1575 SW GREENBURG RD IE No.99 I 1559 to q PARCEL 2,, - OA,K o y TAX MAP IS-I-35DC !PARCEL I m) ZONED 3000 SAN SA S ' I >•^C= ••I- - - ZONED R-4.5 (SW LEWIS S LN 1 � EX 15"ING HOUSE in � I IX BUILDING I '4,c. s[[[yyy''' - � I 25.. ID SIDE rA_glACK- - - _ J _ I x END SILT FENCE p a 20'FRONT YARD SETBACK / Sv� i`� I� 3� 1560 _ s STREET SLict:1 �� I • , [2f'Z - .� KA! � 'SW 95TH AVE' - - - 'SW LEW 1S IN _� �.. — 'ST OP, JJ 0 -t it r— r u s�ir.:=•c - - —Y Y Y—*—Tc—T K y } ..NiC FERJ_ .'.5'r_!T RA II.` 5'WOOD FENCE _•EXISTSNG PH I� <1AIL-�' 4' HIGH ARBORY _ EDGE - - .- _ - \ TOP EL 206.35 (; ti — — -. - - . CAS i r..72 CB I F. 1 I INSTALL GRA 20185 1 ,, 3 1 I I IX Hdlg S LT FENCE ■E •1.40 OUT I WI EX D/W s ALONG SOUTH PA IF ..1.45 IN ch 1 1< CONSTRUCT 120 LF OF [INSTALL IN PROTE ION] ""1- 1 < !U , 10'WIDE A/C DRIVEWAY 1. END ZONED R-4.5 , 1 I 1 TREE PROTECTION IX HOUSE ? -6- FENCING f o 11670 SW 95TH AVE TREES TO REMAIN `' '.D °7 ���((�l.�S�� !r•,Q- - 1 TAX MAP IS-I-35DC n✓� ;, T/L 3400 A ''' �' a; ¶ ZONED R-4.5 w TREES TO BE REMOVED I R`° IX BUILDING wa I H 11680 SW 95TH AVE TAX MAP IS-I-35DC —RPZ—TREE PROTECTION FENCING [INSTALL IN PROTECTION)r ---I T/L 3500 (ROOT PROTECTION ZONE) Cx( 85495 0B N ZONED R-4.5 (A..E 99.05 I i 1 1.6.80 OUT '''' PROPOSED STREET TREES 1E 14z IO IN--»-�` 2' CALIPER MINIMUM '■ 'I"i V (REQUEST CITY ARBORIST TO SELECT TYPE) I •• ¢ ,y NENNNUUmumunumminml OUTFALL OUT N 1 0 20 40 ACTUAL TREE LOCATIONS MAY CHANGE, DEPENDING ON IE 1 5.93 OUT�` , FINAL STREET AND UTILITY LOCATIONS, AND LOCAL SOIL CONDRIONS !: II i SCALE: 1'=20' AS SHOWN ON THE CONSTRUCTION PLANS. I II- -L' MINOR LAND PARTITION (MLP) REV ISIDNS REFERENCE INFORMATION: 061 SCALE RKW H M C Harris-McMonagle A O N f g g f P A T<T/T/O N I'-20 PHILIPPE AGNESSE DRAFTED R Since Associates Inc, 1640 SW 95TH A ENUE DRAWGRADINC_ PO BOX 230635 RKW � TIGARD,OREGON 97281 CHECIUD 1968 ENGINEERING-SURVEYING-PLANNING SHEET 503 860 2631 JDH 8740 SW Scorns Street 77gar4,Oregon 97223 PRELIMINARY GRADING 4 DATE Tel.(503)639-3453 Fax(503)639-1232 REV. DESRIPTION APPR. DATE 5/27/08 TREE PROTECTION PLAN OF 6 I I I I LI IEX BUILDING ty I EX BUILDING I I o I I EXISTING I Y II 60' R/W LI MAIN OVERHEAD POWER 1 w II SECONDARY POWER 4 30' CABLE AND TELEPHONE 11551 SW GREENBURG RD 1 Q II .` TAX MAP IS-I-35DC T/L 3001 ZONED R-4.5 I = I ZONED R-4.5 EX BUILDING �.I 11590 SW 95TH AVE II TAX MAP IS-I-35DC CWS 1635.6 CE 0 IAN � T/L 3200 1 0182 q� ::,- — NED R-4.5 IE 20489 IN (NO CB'•NORTH) W DC HOUSE '-4 • w ll Y • • f..`...._ G 06" ALMS 61;HCP11's STDE' ARO SETBACX I`',X A/C 0/W METALL POST r' P AIkBO 1_ __ OARAGE I I I5'REAR YARD SETBACK 1 r � 1 I2 I W000 KEYSTONE SSMH 1 CWS 59307 19 P�ANrcRS I SHED 1 1575 SW GREENBURG RD IE 194.91 CL 167/ I ( NO ROOF C I PARCEL 2 6 TAX MAP IS-1-3500 O I NO STEPS • l N I BY T.W.D.AFTER WATER METER V • 1 r o TA 3000 HAS BEEN PURCHASED SAN SA !•l ; ,6 inI I. ® ARC E0 I iY ri < x ZONED R-4.5 1.SERVICE W/METER BOX � c a PER T.W.D.DTL 520 I ` © I-` - 1II SHED IX BUILDING- SW LEWIS LN EXISTING IN "Il_ OINSTALL SAN.UT I IfO (TO REMAIN) O IE 193.39(8•) •< • > _ IE 193.55(4•) V CONNECT W/SADOLE TEE W_ W (../ t 4 10'SIDE Y SETB • J TL I L 20'FRONT YARD SETBACK J PER CWS D 540 I I 1 -4Wijyy' INSTALL ILL PER CWS DTL 590 a_.... I W 30,41...,.-,SIDESW PER CWS DTL 000 -S•Y I S I SIDESWR PER CWS DTL 520 L. `� .. > INSTALL STAR UT STR FT CI N 3 IE 201.45(4•) 'SW 95TH AVE' ' 25'8' CONNECT TO CB 'SW LEWIS LN' (CORE DRILLED) �� 4S�lt• -- k SIDESWR PER CWS DTL 520 STOP' BACIEFILL PER CWS DTL 590 1 ADJUST CB(IRATE AS NECESSARY EXISTING FH ••A I'• it TOP EL 206.35 ; v __. _..... _EXISTING RESIDENCE STORM OUTFALL,SANITARY SEWER CWS 12072 135 b 4 TTOO "L FOR METER D 2 I.oOZOU�r 3 Ex Ex HDLeE I. IE 01.45 IN y 5 FRANCHISE UTILITIES C BE I LNDERGROUNDED TO PARCEL 2 ZONED R-4.5 I p © EX ROUGE Al( © INSTALL CONDUIT IN FLAG G FOR FRANCHISE UTILITIES 1 1 1670 SW 95TH AVE TAX MAP IS-I-35DC in ,, i T/L 3400 N. 01 ZONED R-4.5 Ex BUILDING I N I 11680 SW 95TH AVE il -I TAX MAP IS-I-35DC TA 3500 CWS 85495 CB - ZONED R-4.5 99.05 f IE I'•.80 OUT IE 197.10 IN J . 0 II a �I• IE •F OUR \ 0 20 40 II SCALE 1'=20' 1 MINOR LAND PARTITION (MLP) REVISIONS REFERENCE INFORMATION: DESIGN 9 A Nf$$f PA ' 77T�ON SCALE RKW HMC Harris-McMonagle 1°=20' PHILIPPEAGNESSE DRAFTED 1640 SW 95TH A ENUE DRAW1NGNAME PO BOX 230635 RKW Smce Associates, Inc, uT I Ls TIGARD.OREGON 9728'' CHECKED 1968 ENGINEERING-SURVEYING-PLANNING SHEET o 50386 0 263' JOFi 8740SWScnlnsStreet Tigard,Oregon 97223 PRELIMINARY UTILITIES 5 DATE Tel.(503)639-3453 Fax(503)639-1232 REV. DESCRIPTION APPR. DATE 6/27/08 GENERAL NOTES OF 6 w �I, I 4. 4 _ yam ... J 4 Ali!' ` ` * it F"`' s. I - 4 6"4 ak 1111111111181 *4-!"' i . : - _ a ,A c . r - LI ,,,4. , %A,. ^ar r v 9 ) .ti- q as . a=rt 40 g it ' 1--i. . ' p I A ,, , l' ' 14# . *x- 4 ? , int "' r ta'.` I ; _ - Af 1[YIJ<Ulu: -7� MOB- :;:e- r , �-- w,_________ . I & �: 1 ,Iiikr I.e.— , ,I. —� ,I k ° � R a � . R, .. .1,3.. Alt- F 4. ' , ' ".'''...47... .._"i'''.'..,,....".1?$1 ;.--1,,:.' ,.,..;.,,..,. . fie.,,, ...z... jr417i °mo j i La. , . . - ,. �-- — a i , -- N ■ '‘'41,— MI'.e,. . .g. .. . af uununnunuuuuunnuuuuu 0 50 100 SCALE: 1--50' MINOR LAND PARTITION (MLP) REVISIONS ��¢IwcnmrAriorr I OESI RKW HMC Harris-McMonagle A6 /f 8 'E P�{R T/T/QN ,°=50' PHILIPPE AGNESSE °""F'ID Since 1640 SW 95TH AVENUE DRAW INC _ PO BOX 230835 RKW Associates, Inc. AERIAL TIGARO,OREGON 97261 CHECKED 1968 ENGINEERING-SURVEYING-PLANNING SHEET 5038802631 JOH AERIAL PHOTOGRAPGH 6 8740 SW Scolfins Street Tlga%Oregon 97223 DATE 27/08 Tel.(503)639-3453 Fax(503)639-1232 NEIGHBORHOOD CIRCULATION �P 6 REV. DCSCR IPT I ON APPR. DATE = LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = 12/13/2008 FILE NOS.: MINOR LAND PARTITION (MLP) 2008-00007 ADJUSTMENT (VAR) 2008-00023 FILE TITLE: AGNESSE PARTITION APPLICANT/ Philippe Agnesse APPLICANT'S Steve Bloomquist OWNER: P.O. Box 230635 REP: Harris-McMonagle Associates Tigard, OR 97281 8740 SW Scoffins Street Tigard, OR 97223 REQUEST: The applicant is requesting approval to partition an approximately .49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel 2 will be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests and adjustment to use existing trees as street trees. LOCATION: 11640 SW 95th Avenue;Washington County Tax Map 1S135DC,Tax Lot 03300. 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 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730; 18.745, 18.765, 18.790, 18.795 and 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV COMMENTS WERE SENT: AUGUST 27, 2008 COMMENTS ARE DUE: SEPTEMBER 10,2008 ❑ HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DATE OF DECISION: SEPTEMBER 26, 2008 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ® GTILITY PLANS ® SITE DISTANCE CERTIF. ▪ SITE PLAN ® SERVICE PROVIDER LTR. ® IMPACT STUDY ® NARRATIVE ® TREE PLAN ® OTHER: MISCELLANEOUS STAFF CONTACT: Gary Pagenstecher,Associate Planner (503)639-4171,Ext. 2434 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigara, JR 97223 • • • m TIGARD August 22,2008 Philippe Agnesse P.O. Box 230635 Tigard, OR 97281 RE: Application Completeness Review for the Agnesse Minor Land Partition, MLP2008-00007 Dear Mr.Agnesse: The City of Tigard received your revised application materials on August 15, 2008 for a minor land partition for the property located at 11640 SW 95th Avenue on Tax Lot 2S135DC03300.The proposal is to partition the approximately .49-acre site into two parcels. Staff has completed a preliminary review of the submittal materials and has determined that the application can be deemed complete. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that the need for additional items may arise during the application review process. A decision should be issued in approximately five to six weeks. If you have any questions regarding this letter or your application,please don't hesitate to contact me at 503-718-2434. Sincerely, 6 a l j! r ,CF ,wL Gary Pagenstecher Associate Planner C: MLP2008-00001 Land Use File Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 CITY OF TIGARD 8/15/2008 I f 13125 SW Hall Blvd. 3:26:18PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000002915 Date: 08/15/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2008-00023 [LRPF] LR Planning Surcharge 100-0000-438050 20.00 VAR2008-00023 [LANDUS] 50%Joint App Fee 100-0000-438000 134.50 Line Item Total: $154.50 Payments: Method Pax er User ID Acct./Check No. Approval No. How Received Amount Paid Check NW RESIDENTIAL INC ST 1155 In Person 154.50 Payment Total: $154.50 cReceipi.rpi Page I of I ` . H RIS - McMONAGLE ASSOC TES RECEIVE D • ENGINEERS-SURVEYORS 8740 SW Scoffins Street AUG 1 5 2008 TIGARD,OREGON 97223 TEL(503)639-3453 FAX 639-1232 G,`!v OF 1►l]AF7 August 15, 2008 PL AWNIPA ylcutlihtcFRING SUBJECT: --- Of Incomplete Application Items For MLP 2008-00001 Agnesse Partition Plat 07101 Dear Gary, The following supporting information has been revised within the plan sets and narrative and is enclosed with this letter based on the January 31, 2008 letter requesting additional information in order to deem this application complete. The items are addressed as follows: Public Facilities Completeness Items. Please revise your narrative and plan set to address the street, issues identified on the public facilities checklist.... -The street issues have been addressed. The plan set has been modified accordingly. City Arborist Issues (a)The proposed street tree on the private drive is closer than 20' to the intersection. It must be moved back per 18.745.040.C. -The street tree along the private drive has been moved 20 feet from the intersection. (b) The proposed spacing of street trees 35-40 feet. I will help the applicant choose a suitable large stature tree. -The applicant has no objections with this. (c)The applicant is proposing to use trees 1560 and 1559 to meet the street tree requirement. Please have them apply for an adjustment -The applicant has revised the narrative requesting an adjustment and submitted a fee in the amount of$15430 for review of this proposal. Exceptions to Development Standards (a)The proposed partition creates a flag lot which is subject to setback and height restrictions. Address 18.370.020 in the narrative. -The applicant has revised the narrative and addressed 18.370.020. Envelopes with Postage (a) Supply two sets of pre-addressed(no return address), stamped(not metered)#10 size envelopes. -Due to the minor nature of the incompleteness items listed I have included 2 sets of envelopes preaddressed,no return address,stamped in#10 size envelopes for noticing purposes. Number of Application Copies (a)After satisfying the above concerns,please submit 8 full sets of your application materials. In addition, submit 7 plan sets reduced to 11 x 17"and one reduced to 8 'h x 11. -Due to the minor nature of the incompleteness items listed I have 5 bound exact duplicates of all info.Pertaining to this application. The only items modified within the resubmitted package are the narrative and minor changes to the plan set. I have included 3 collated(3 hole punched) • narratives,full size and t ced site plans to replace the 3binders' )ur possession. Five • duplicates and 3 already s..omitted application packages equals 8 fun sets. If you have any additional questions or comments please call or email me directly. Please let me know when you have deemed this application complete. Sincerely Steve Bloomquist City of Tigard, Oregon 13125 SW Hall Blvd. • Tigar )R 97223 • • 1111 /46) . ,TE•V sioomlVist August 12,2008 T I G A R D Philippe Agnesses P.O. Box 230635 Tigard, OR 97281 RE: Application Completeness Review for the Agnesse Minor Land Partition, MLP2008-00001 Dear Mr.Agnesse: The City of Tigard received your application on July 15, 2008 for a minor land partition for the property located at 11640 SW 95th Avenue on Tax Lot 2S135DC03300. The proposal is to partition the approximately .49-acre site into two parcels. Staff has completed a preliminary review of the submittal materials and has determined that the following additional information is necessary before the application can be deemed complete: r/ 1. Public Facilities Completeness Items. Please revise your narrative and plan set to address the street issues listed on the attached public facilities completeness checklist. For questions related to this item, contact Kim McMillan,Development Review Engineer, 503-639-4171, extension 2642. 2. City Arborist Comments. Please revise your narrative and site plan subject to the attached City Arborist's Comments dated July 21, 2008. The use of trees 1560 and 1559 to meet the street tree requirement will require an adjustment as required by Section 18.370.020.C.6. Please amend your narrative and pay the required fee ($309/2 = $154.50). 3. Exceptions to Development Standards (18.730). The proposed partition creates a flag lot which is subject to the setback and height restrictions in 18.730.020. Please revise your narrative to address these standards. 4. Envelopes with Postage. Please supply two sets of pre-addressed (no return address), stamped (not metered), #10 size envelopes for notice of development review and subsequent notice of decision. Addresses must have been obtained from the City the previous three months from the date of application completeness. Contact Patty Lunsford,Planning Secretary, 503-718-2438. 5. Number of Application Copies. After satisfying the above concerns, please submit 8 full sets of your application materials (each set shall be bound and an exact duplicate of all information pertaining to the application, narrative, forms, letters, studies, plans, etc.). In addition, submit 7 plan sets only, reduced to 8 1/2" x 17" if legible. Finally, one reduced set of plans at 8 " x 11" is required for our records. Once this additional information is submitted, your application will be complete and the formal comment and review process will begin. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that the need for additional items may arise during the Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 application review process. If you have any questions regarding this letter or your application, please don't hesitate to contact me at 503-718-2434. Sincerely, Got Ali Gary Pagenstecher Associate Planner Ends: Public Facility Plan Completeness Checklist Arborist Comments C: MLP2008-00001 Land Use File 2 Agnesse Partition Completeness Item Met Not Met N/A Comments 18.745.020: X Applicability 18.745.030: X General Provisions _ 18.745.040: X* -The proposed street tree on the private Street Trees drive closest to 95th Ave. is closer than 20' to the intersection. Please have the applicant revise street tree locations to comply with 18.745.040.C. -The proposed spacing of street trees is roughly 35'-40'. Large stature trees are required for the spacing proposed. I will help the applicant choose a suitable species. -The applicant is proposing to use trees 1560 and 1559 to meet the street tree requirement. Please have them apply for an adjustment as required by Section 18.370.020.C.6. 18.745.050: X Buffering and Screening 18.745.060: X Re-vegetation 18.790.030: X Tree Plan Requirement 1 8.790.050: X Permit Applicability Todd Prager City Arborist July 21, 2008 PUBLIC FACILITY PLAN Project: nesse MLP , COMPLETENESS CHECKLIS. Date: .,, 12/08 GRADING ▪ Existing and proposed contours shown. ❑ Are there grading impacts on adjacent parcels? ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. Show dimensions in plan view • ❑ Centerline of street(s) clearly shown. label in plan view ® Street name(s) shown. ® Existing/proposed curb or edge of pavement shown. ❑ Street profiles shown. `n ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? ❑ Street/ROW widths dimensioned and appropriate? Future dimensions don't add up, have drawn 14 a 54'ROW section in a 60'ROW, don't show 24'travel lane- Correct this detail or remove it ❑ 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 DRAINAGE AND WATER QUALITY ISSUES ® Existing/proposed lines shown? ❑ Preliminary sizing calcs for water quality/detention provided? ❑ Water quality/detention facility shown on plans? ❑ Area for facility match requirements from calcs? ❑ Facility shown outside any wetland buffer? ❑ Storm stubs to adjacent parcels required/shown? The submittal is hereby deemed ® COMPLETE ❑ INCOMPLETE REVISED. 08/12/08 8 - 12 -6 b Project: Mt ��Do-0 7 t As Pre7; ha.) LAND USE APPLIC. ION Date: COMPLETENESS REVIEW COMPLETE 1 INCOMPLETE STANDARD INFORMATION: eed/Title/Proof of Ownership Jfea- Neighborhood Mtg.Affidavits, Minutes, List of Attendees2r Impact Study(18.390) USA Service Provider Letter 04- Construction Cost Estimate Envelopes with Postage(Verify Count) #Sets Of Application Materials/Plans-"Paper Copies" Pre-Application Conference Notes #Sets Of Application Materials/Plans-"CD's" PROJECT STATISTICS: 0/Building Footprint Size ,V4-Et- %of Landscaping On Site / ❑ %of Building Impervious Surface On Site 0 Lot Square Footage PLANS DIMENSIONED: r' Building Footprint Parking Space Dimensions(Include Accessible&Bike Parking Truck Loading Space Where Applicable ,I -Ej Building Height ‘...„E1- Access Approach and Aisle rEi Visual Clearance Triangle Shown ADDITIONAL PLANS: .0'Vicinity Map Architectural Plan El Tree Inventory 2---Existing Conditions Plan � Landscape Plan to Plan Lighting Plan TREE PLAN I MITIGA_)ON PLAN: 2 1/'1(/ Ol�y' I �" - ADDITIONAL REPORTS: (list any special reports) ❑❑ 0 o ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ 18.330(Conditional Use) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review) ❑ 18.340(Director's Interpretation) „El- 18.705(Access/Egress/Circulation) ❑ 18.780(Signs) ❑ 18.350(Planned Development) ❑ 18.710(Accessory Residential Units) ❑ 18.785(Temporary Use Permits) ❑ 18.360(Site Development Review) 18.715(Density Computations) 18.790(Tree Removal) ❑ 18.370(Variances/Adjustments) ❑ 18.720(Design Compatibility Standards) ra.---18.795(Visual Clearance Areas) ❑ 18.380(Zoning Map/Text Amendments) ...a 18.725(Environmental Performance Standards) ❑ 18.798(Wireless Communication Facilities) ," 18.390(Decision Making Procedures/Impact Study) A� _ 18.730(Exceptions To Development Standards) /Er 18.810(Street&Utility Improvement Standards) ❑ 18.410(Lot Line Adjustments) ❑ 18.740(Historic Overlay) 18.420(Land Partitions) ❑ 18.742(Home Occupation Permits) ❑ 18.430(Subdivisions) ......2---18.745(Landscaping&Screening Standards) 18.510(Residential Zoning Districts) ❑ 18.750(Manufactured/Mobil Home Regulations) ❑ 18.520(Commercial Zoning Districts) ❑ 18.755(Mixed Solid Waste/Recycling Storage) ❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations) ❑ 18.620(Tigard Triangle Design Standards) .� 18.765(Off-Street Parking/Loading Requirements) ADDITIONAL ITEMS: aoriark,d,50_0121 013 r/1 Sr 3'edlr:/ 4 • I:\curpin\masters\forms-revised\land use application completeness review.dot REVISED: 6-Jun-07 PRE - APPLICATION CONFERENCE NOTES CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES (Pre-Application Meeting Notes are Valid for Six (6) Months) FFF_APNEcw 6/57413 �r y_ awn- &PdOW RESIDENTIAL APPLICANT: Phi/i p e /96 011�sSe AGENT: Phone: ( ) Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: 1(6 Yo S4' ?6..'14.11 AvE TAX MAP(S)/LOT#(S): 1 S 1 35' O G.. 0 3300 NECESSARY APPLICATIONS: m NU512 L Hro.b Po9 K- I7JON (111442) PROPOSAL DESCRIPTION: ?n-e-n T/ori •ne /er / " �I e Ke ti e s>/nJ du. �,�. . . ' I - COMPREHENSIVE PLAN MAP DESIGNATION: Low bews I Ty RE'S 11)E1' AL ZONING MAP DESIGNATION: R / ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. S-'/d ) MINIMUM LOT SIZE:7j Crid sq.ft. Average Min.lot width: 5`0 ft. Max. building height: 36 ft. Setbacks: Front 20 ft. Side /0 ft. Rear /5 ft. Corner ft.from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: %. GARAGES: 20 ft. ❑ NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting Handout) THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of 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. NARRATIVE (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. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 Residential Application/Planning Division Section IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) 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. 3ACCESS (Refer to Chapters 18.705 and 18.765) Minimum number of accesses: t Minimum access width: I s Minimum pavement width: 10 ❑ WALKWAY REQUIREMENTS (Refer to Code Chapter 18.705) Within all ATTACHED HOUSING (except two-family dwellin s) and multi-family developments,each residential dwelling SHALL BE CONNECI"ED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN 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: ► Land within the 100-year floodplain; ► Slopes exceeding 25%; ► Drainageways;and ► Wetlands for the R-1,R 2,R-3.5,R 4.5 and R-7 zoning districts. Public right-of-way dedication: ► Single-family allocate 20% of gross acres for public facilities;or ► Multi-family allocate 15% of gross acres for_public facilities;or ► If available,the actual public facility square footage can be used for deduction. EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: (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 Note: The Development Code requires that the net site area exist for the next whole dwelling unit. NO ROUNDING UP IS PERMITTED. Note: Minimum Project Density is 80%of the maximum allowed density. TO DETERMINE THIS STANDARD,MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TTGARD Pre-Application Conference Notes Page 2 of 9 Residential Application/Planning Division Section )2tiPECIAL SETBACKS (Refer to Code Section 18.730) ► STREETS: feet from the centerline of �.► ► FLAG LOT: A TEN(10)-FOOT SIDE YARD SETBACK applies to all primary structures. ,telo. ZERO LOT LINE LOTS: A minirqunLof a ten j10)-foot separation shall e gnaintained between each dwelling unit or garage. — Gox14e3 Tu0 'Q'ts A-ppe4c •#t pr tutu . ► 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. (Note: See applicable zoning district for the primary structures'setback requirements.) %FLAG LOT BUILDING HEIGHT PROVISIONS (Refer to Code Chapter 18.730) 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 Section 18.730.010.C2 are satisfied. VBUFFERING AND SCREENING (Refer to Code Chapter 18.745) 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 in LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described byte Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is: Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east bounds}x IN ADDITION,SIGHT OBSCURING SCREENING IS REQUIRED ALONG: A►'' (/ . e - t5 a�a yr LANDSCAPING (Refer to Code Chapters 18.745, 18.765 and 18.705) / o - id;P�• STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTI •► A PUB C OR PRIVATE I$F.ET as well as riv-wa ' 'c a - more than e0 fe-t in -.a . treet trees must .- p ace. either within the public right-of-way or on pnvate pro rty wi six 6 eet o the right-of-way boundary. Street trees must have a minimum caliper of at least two (2)inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40-feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. ❑ RECYCLING (Refer to Code Chapter 18.755) Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reachedsat(503) 625-6177. ARKING (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. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9 Residential Application/Planning Division Section 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, is mandated by the Americans with Disabilities Act (ADA). A provided, is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. BICYCLE RACKS (Refer to Code Section 18.765) BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. ❑ SENSITIVE LANDS (Refer to Code Chapter 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPIVWNT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGE WAYS,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. ❑ STEEP SLOPES (Refer to Code Section 18.775.070.C) 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 18.775.080.0 The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.0 CLE AN WATER SERVICES(CWS) BUFFER STANDARDS (Refer to CWS R&O07-20/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 q»alityfunctioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: (See Table 3.1 on following page) CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential Application/Planning Division Section TABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION&ORDER 07-20 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA' CORRIDOR PER SIDE2 ♦ Streams with intermittent flow draining: Q5% 10 to <50 acres 15 feet >50 to <00 acres 25 feet ♦ Existing or created wetlands m.5 acre 25 feet ♦ Existing or created wetlands X1.5 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% • 10 to <50 acres 30 feet >50 to <00 acres 50 feet ♦ Existing or created wetlands >25% Variable from 50-200 feet. Measure in 25- ♦ Rivers,streams,and springs with year-round flow foot increments from the starting point to ♦ Streams with intermittent flow draining >100 acres the top of ravine (break in <25%slope), ♦ Natural lakes and ponds add 35 feet past the top of ravine; tStaning 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. 2Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the 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 prozidei for in the USA Design and Constnrctrion Sta7zlayds. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership,such as a subdivision,the vegetated corridor shall be contained in a separate tract,and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07-20 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 18.780) 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 maybe filed for Director's review. /TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.0 and the "Tree Plan Requirements Handout" included in your pre-application conference packet) A TREE PLAN FOR THE PLANTING,REMOVAL AND PROTEC11ON OF TREES prepared by a certified arborist shall be provided for any lot, arcel 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. PROTEUIION IS PREFERRED OVER REMOVAL WHEREVER POSSIBLE (Address all items in the City's Tree Plan Requirements Handout). CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 Residential Application/Planning Division Section THE TREE PLAN SHALL. LUDE the following: ► Identification of the location,size,species,and condition of all existing trees greater than 6-inch caliper. ► Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: • Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; • Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; • Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation; ► Identification of all trees which are proposed to be removed;and ► A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. MITIGATION (Refer to Code Section 18.790.060.E.) 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 REPLACTMENT under Subsection D of this section, a parry 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. The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas. FUTURE STREET PLAN AND EXTENSION OF STREETS (Refer to Code Section 18.810.030.F.) 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. QTY OF TIGARD Pre-Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section n ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18.810.060) 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 21 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11 times the minimum lot size of the applicable zoning district. n BLOCKS (Refer to Code Section 18.810.090) The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or,pre-existing development. When block lengths greater than 330 feet are permitted,pedestrian/bikeways shall be provided through the block. CODE CHAPTERS 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) _ 18.760(Nonconforming Situations) - 18.340(Directors Interpretation) 18.630(Washington Square Regional Center) ✓- 18.765(Off-Street Parking/Loading Requirements) 18.350(Planned Development) 18.640(Durham Quarry Design Standards) _ 18.775(Sensitive Lands Review) - 18.360(Site Development Review) 18.705(Access/Egress/Circulation) _ 18.780(Signs) - 18.370(Vanances/Adjustments) 18.710(Accessory Residential Units) 18.785(Temporary Use Permits) 18.380(Zoning Map/Text Amendments) 7e-- 18.715(Density Computations) 18.790(Tree Removal) - 18.385(Miscellaneous Permits) 18.720(Design Compatibility Standards) ✓ 18.795(Visual Clearance Areas) ✓ 18.390(Decision Making Procedures/Impact Study) _,t 18.725(Environmental Performance Standards) _ 18.798(Wireless Communication Facilities) - 18.410(Lot Line Adjustments) ✓ 18.730(Exceptions To Development Standards) X18.810(Street&Utility Improvement Standards) J-X18.420(Land Partitions) 18.740(Historic Overlay) 18.430(Subdivisions) 18.742(Home Occupation Permits) _ -----18.510(Residential Zoning Districts) ✓ 18.745(Landscaping&Screening Standards) - 18.520(Commercial Zoning Districts) 18.750(Manufactured/Mobil Home Regulations) - 18.530(Industrial Zoning Districts) 18.755(Mixed Solid Waste/Recycling Storage) ADDITIONAL CONCERNS OR COMMENTS: CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residential Application/Planning Division Section • ' 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. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2" x 11". One, 81/2" x 11" map of a proposed project shall also be submitted for attachment to the staff report or administrative decision. Applications 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. 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 HE'9/t/MS Dri4=/G6'7 , 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 (Washington 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 wiIl 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 THE DEMOLITION PERMIT IS OBTAINED). CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 Residential Application/Planning Division Section 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. 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: 6 �+' ✓ QTY OF TIG D P NG DIVISION - STAFF PERSON HOLDING PRE-APP.MEETING PHONE: 503-639-4171 FAX: 503-624-3681 DIRECT: 503-718- .2 y3 ' EMAIL: 14"1 P @tigard-or.gov TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.tigard-or.gov H\patty\masters\Pre-App Notes Residential.doc Updated: 27-Feb-08 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Residential Application/Planning Division Section PRE-APPLICATION CONFERENCE NOTES r ENGINEERING SECTION ' ClryIf TOP*Oregon Community Development Shaping Better Community PUBLIC FACILITIES Tax Mauls]: 1S135DC Tax Lolls]: 3300 Use Type: MLP The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ❑ SW 95th Avenue to 27 feet from centerline (existing 30 feet from centerline) SW to feet SW to feet SW to feet Street improvements: E Half street improvements will be necessary along SW 95th Avenue, to include: ® 16 feet of pavement from centerline ® concrete curb ® storm sewers and other underground utilities ® 5-foot concrete sidewalk with 5 foot planter strip ® street trees sized and spaced per TDC ® street signs, traffic control devices, streetlights and a two-year streetlight fee. ® Other: CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 Engineering Depanment Section I I street improvements will be necessary along SW , to include: 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 concrete curb storm sewers and other underground utilities -foot concrete sidewalk street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: street improvements will be necessary along SW , to include: feet of pavement concrete curb I storm sewers and other underground utilities I I -foot concrete sidewalk street trees street signs, traffic control devices, streetlights and a two-year streetlight fee. I I 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 II street trees I I street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section 1 1 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 provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may be eligible for such a future improvement guarantee: (1.) (2.) Overhead Utility Lines: 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, if approved by the City Engineer, 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 approved, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW 95th Avenue (telephone and cable on east side, power on west side). Prior to issuance of building permits, 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 95th Avenue. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to provide separate laterals for each lot. 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: John Dalby, (503) 356-4723] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 6 Engineering Department Section Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Storm drain may need to be lowered or extended to the south. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on- site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious surfaces created; for every 2,640 square feet, or portion thereof. Please contact the Building Division for the current fee. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: 1 1 Construction of an on-site water quality facility. X 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) Sidewalk may be required after rough proportionality analysis is completed by staff. 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. CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Section ' Pay the TIF PERMITS Public Facility Improvement (PFI) Permit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from the Building 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. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section Other Permits. There _ _• other special permits, such as m, .ianical, 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: .5 .0 ENGINES ING DEPARTMENT STAFF DATE Phone: 15031639-4111 Fax: 15031624-0152 document2 Revised: September 2, 2003 CITY OF TIGARD Pre-Application Conference Notes Page 6 of 6 Engineering Department Section A � Proposal for land partition Site address: 11640 SW 95th Ave. Tigard, OR 97223 The proposal is to do a land partition of the '/2 acre property referenced above into two legal lots. The front lot with the existing house will be aprox. 8,775 s.f. and the newly created flag lot will be aprox. 10,935 s.f. excluding the flag pole. Lot partition to be identical to the neighboring property to the south. Request to do no street improvements as is the case with the property to the south. Fir tree in the flag pole driveway will be removed. Many other large trees exist on the property and surrounding area. Proposed use for flag lot will be for the building of a residential single family home. Exact layout and size to be determined by builder. t ' CITY of TIGARD ////''�� GEOGRAPHIC INEORMA,ION SYSTEM TT� 'C/ i )---1 11640 MAP MIL . ////( \ L., _ 11640 SW 95th AVE Imo. r...._ failliti I. . _____ • ,-----, _____ ________________ 41 rV GR Q EFNevR J ________ G s-.�,1 . CO l ' SUBJECT SITE rn LEWIS LN > 4N. I . i . PIHAS ST : ELA LN A -. I ■ ....ANN.. \ ii; , TANGELA C 41111111111 j N � L. ,-.1 up „ ...,.. , .� 000 200 300 Feet im 1'= 4_feel Ii _ Iw z •.o, o. ��i�� III �� Information on this map is for general location only and Zshould be verified wqh the Development Services D vision 6;1111111 13125 SW Hall Blvd Tigard,OR 97223 1 (503)6394171 .. •��_ `-.t- \ htlp:/hvww.a Ward or us Community Development Plot date:May 19,2008,C.1magic\MAGIC03.APR J ' I s'4') t m li _ i _ _ ; I i . 1 i x / ,1111mt d Illit r Ne . *LEWIS J 1 0 LN 1 U5IcU33eO O� s i \ ''' yil r--__ TANGELA LN ______.2 X11.:« llirli TANGELAC .I ., • "s I , 1 I i j , II , , . -liarq 4141/* \ ftw4 ' Ay e4r - 4-3q.* ‘ \ - i . _ � �,��_ • — ....).-- --'^ —_ �1 '— ----- ^^— l --- Z NUM11 / Mil r ---- o. A. \-,.._.___, ■I' M \ .. . ,____ . , • . . ., i . ,, ,,I,,,...,.. •,..., . -.._ ---- at° • ---, 4") J. .,, 111111111811111 0 \ /rlioNitik /, ., --------... ._ ........„‘,, tb r ilk 1,, i ,., Iiiir.,I,... ___ IN - \ iii, MN ___., _ ________ - /II , ry-ibuci- .11) . 11:,_____ .._. 411,ditik , _ ___ _ ,,,,. , ,, , • . , • , . .„, \ . , , ,.„,„. ., \,_ _ _______ _ ___ _. ., \ .s. _ . . ___ „._ s______ _______________, „„, ,,... „ •.„ . ____ ______ _________‘, !hir - ' - . \ _...,,, . . .11. s , 1 ___L_____,,, , i ,. \ ,, __ • s, , ,, --60-7-711 _ , ,,,,.., ,.. . „,„,_. _ _ _ _ ___ __ ___ , _ ,, , , , . . ,, _..__..„,., , . _______ ,‘. ss ,, 'i-Wrwq- 1 _._ ,‘„ , ,, . it , 4 _ ._ _ ,... _. It' . .4440, __ . . ... , , ,. . . , .„, . . „, .1. . . ... ... 410 .444, I .•..,•. .•, .. , ..... ....,, ,: . _ . . .. 461.1%,40,„ 4. --- _____ . . 4, '7- PAZ-- Ar 1 Sii4M:1266 DRIVEWAY 8' O 2' DIA. FIR TREE (RWAY Z EXISTING FENCE V O 3 40" DIA. OAK TREE FRONT LOT 8,775 s.f. PROPOSED FLAG LOT 10,935 s.f. EXCLUDING FLAG POLE EXCLUDING FLAG POLE (--- EXISTING HOUSE _____ 5e' 27' O 36" DIA. OAK TREE [..v POWER O OPOLE Q 42" DIA. OAK TREE . = 26' 0 2' DIA. FIR TREE / TO BE REMOVED 0 15 ' 'STING \ W/ 10' GATE (n l POWER POLE 0 DRIVEWAY 1.5C.Q1,E ; L/1b" = 1 1-0" June 05 2008 June2vU8 July2008 S M T W T F S S M 1W T F S 1 2 3 4 5 6 7 1 2 3 4 5 11 12 Thursday 7 7 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 5 Thursday _ Notes 7 am 00 9 00 Philippe Agnesse 503-860-2631 11640 SW 95th Ave 2-lot MLP l 10 00 1100 12 Pm 1 00 2 00 3 00 4 00 5 00 6 00 -Pre-Apps_CD_Meetings 1 5/21/2008 1:17 PM PRE-APPLICATION • CONFERENCE REQUEST C i t y o f T i g a r d P e rn a t C e n t e r 13125 S W Hall Blzd, Tiganh OR 97223 Phone. 503.639.4171 Fax: 503.598.1960 GENERAL INFORMATION Applicant: riNlli►PPE - FOR STAFF USE ONLY Address: /04c5. J0/ ,T0/N,, + sr Phone: 503 'CO C -263! City. 6 Zip: C 7 Z2-17 Case No.: Receipt No.: x..(.70$ — Contact Person: rt(114 K Phone: -5411 Application Accepted y: !Ly Property Owner/Deed Holder(s): 120,iePt A744-55c Date: Z oy DATE OF PRE-APP.: 6/5/0 Address: /MO- 501 Jb'1. /SO,I 5r Phone: - 503 S760 -2C3 I TIME OF PRE-APP.: 9, Oo City: T7&rie-O Zip: X7V- ' PRE-APP.HELD WITH: Rev.7/1/07 Property Address/Location(s): is\curpin\masters\land use applications\Pre-App Request App.doc !164° st i gsrY Ave' ((,iMD me. 91Z23 REQUIRED SUBMITTAL ELEMENTS Tax Map&Tax Lot#(s): j$135-DC7330 (Note: applications will not be accepted A without the required submittal elements) Zoning: 4 5 ❑ Pre-Application Conf.Request Form i Site Size: 5 COPIES EACH OF THE FOLLOWING: ❑ Brief Description of the Proposal and any PRE-APPLICATION CONFERENCE INFORMATION site-specific questions/issues that you would like to have staff research prior to the All of the information identified on this form are required to be submitted by meeting. the applicant and received by the Planning Division a minimum of one (1) ❑ Site Plan. The site plan must show the week prior to officially scheduling a pre-application conference date/time to proposed lots and/or building layouts drawn allow staff ample time to prepare for the meeting. to scale. Also, show the location of the subject property in relation to the nearest A pre-application conference can usually be scheduled within 1-2 weeks of the streets; and the locations of driveways on the Planning Division's receipt of the request for either Tuesday or Thursday subject property and across the street. mornings. Pre-application conferences are one (1) hour long and are typically Vicinity Map. held between the hours of 9:00-11:00 AM. ❑ The Proposed Uses. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ' Topographic Information. Include Contour PERSON AT THE COMMUNITY DEVELOPMENT COUNTER Lines if Possible. FROM 8:00-4:00/MONDAY-FRIDAY. ❑ If the Pre-Application Conference or a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE MONOPOLE project, the .. cant must PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of the -r and proof in the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an of -vrt of mailing, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation •rotocol was completed (see GROUP. Section :.798.080 of the Tigard Community De - opment Code). ❑ Filing Fee$370.00 CITY OF TIGARD 5/21/2008 � 13125 SW Hall Blvd. 1:12:16PM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000001737 Date: 05/21/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid PRE2008-00028 [LANDUS] PreApp Conf 100-0000-438000 323.00 PRE2008-00028 [LRPF] LR Planning Surcharge 100-0000-438050 47.00 Line Item Total: $370.00 Payments: JlcthIut Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check NW RESIDENTIAL KJP 1116 In Person 370.00 INC./PHILIPPE AGNESSE Payment Total: $370.00 eRcceipt.rpt Page 1 of 1 4 arr ` lif 1 F c 1 L l' i ill M - I t . 3 rot I , Ariel view of property. •tf a • . i- . ti` •Mir-..• ,� :`r w• _ ,`L...- i. + ' .,,�•.. View to proposed flag lot along southwest side of house. y4t 4 .,..-- El ry , View of neighboring flag lot. ADDITIONAL DOCUMENTS NCITICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO TI IE PURCHASER NOTICE OF PENDING LAND USE APPLICATION MINOR LAND PARTITION TIGARD DATE OF NOTICE: August 27, 2008 FILE NOS.: MINOR LAND PARTITION (MLP) 2008-00007 ADJUSTMENT (VAR) 2008-00023 FILE TITLE: AGNE SSE PARTITION APPLICANT/ Philippe Agnesse APPLICANT'S Steve Bloomquist OWNER P.O.Box 230635 REP: Harris-McMonagle Associates Tigard,OR 97281 8740 SW Scoffins Street Tigard,OR 97223 REQUEST: The applicant is requesting approval to partition an approximately.49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel 2 will be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests and adjustment to use existing trees as street trees. LOCATION: 11640 SW 95th Avenue;Washington County Tax Map 1S135DC,Tax Lot 03300. 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 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730; 18.745, 18.765, 18.790, 18.795 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON SEPTEMBER 10, 2008. All comments should be directed to Gary Pagenstecher, Associate Planner (x2434) 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 bye-mail to garypatigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS 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 SEPTEMBER 26, 2008. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI LIEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • Address the specific "Applicable i.eview Criteria" described in the section auove 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 SUBMI 1'i ED WRI 1'l EN 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 FAC15 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. If you want to inspect the file,please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." NVNIFi 11 " r ' I I I 1 1 LJ 1 I II 111(I III I ] 1 -, liii NI__ _� MIEN — VICINITY MAP NEM�W_- J t' -_ '� —VA 20oS-0000 mm — vAR.2oo$-0002 i �� man i_�GNESSE �•/ ` ■: P_-RTITION IN �i air_ �•: Jp m M mom low Rom MI ii Nom r .,�� �1 IS N ''" fah. 4 4111 i �. Ir._� III All • +'w i ❑ ' �.r illlIU M!!► la _- / 1 rT:=1 ICI EN �` w _ N 'sL MEt No Mho %16t 11#. Av414 --...........--- NOTICE OF TYPE II DECISION IMII MINOR LAND PARTITION (MLP) 2008-00007 AGNESSE PARTITION 120 DAYS =12/13/2008 SECTION I. APPLICATION SUMMARY FILE NAME: AGNE SSE PARTITION CASE NOS: Minor Land Partition(MLP) MLP2008-00007 Adjustment (VAR) VAR2008-00023 PROPOSAL: The applicant is requesting approval to partition an approximately .49-acre site into two parcels. Parcel 1 is proposed to be 8,979 square feet and Parcel 2 is proposed to be 10,615 square feet. An existing dwelling on the proposed Parcel 1 will remain. In addition, the applicant requests approval for an Adjustment to use existing trees as street trees. APPLICANT/ Philippe Agnesse APPLICANT'S Harris-McMo nagle Associates,Inc. OWNER: P.O. Box 230635 REP: Attn: Steve Bloomquist Tigard, OR 97281 8740 SW Scoffins Street Tigard, OR 97223 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: 11640 SW 95th Avenue;Washington County Tax Map 1S135DC,Tax Lot 03300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (250 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 SEPTEMBER 29, 2008 AND BECOMES EFFECTIVE ON OCTOBER 14, 2008 UNLESS AN APPEAL IS FILED. A&Deal: 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 maybe adopted from time to time by the appellate body. LTHE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 13, 2008. estlonss: For further information please contact the Planning Division Staff Planner, Gary Pagenstecher at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223 or by email to ga A• # tI•ard-or.aov. ..■.-.....----a urn -�Iu!■Iulum•■ /4 . • no no `1■■ -_ _- VH:INITY MAP ST '1i ■t>I=W•- _ -_ 7� V_�R2008-0002 i 4 , -� 111 'P1 r•/ � � _C. PARTITION st NE:irI. : N,z4., ' . : ■= LEGEND: IOi •, ' • ■■-pp \ �0� , •I Ill! _..!�I■� �,,,� a Alla _ -•A.Wu9 9E 1. Wlii 44011211•91;;�1�'I'■ ::pJ I.' q J — . 9'lelqu���i ■ ■ N ..■■,._ • M■■� ■ R.'_ in,,. glI I SW 95Th AVENUE(E%ISTNC iuRROeEUExis) ...)15 it r ' ' •--j __ I —. 1It i((([[[,��__ _ rr I rM3�ee.0��Y E MN ` j �t-77"''''.....-rte— l; r �_��__—, l SW 95Th AVENUE(N_NRE IWRO5EYCNTS) 1 1eI •a .. 1 g .w 3'9�lriT..-- • J �i."?-7 '� ,..=.7.•... .... sR 1595*EN I 1 r. '-d 1 li_ s ..— — w— N .52. 1 ._ ■ •.-,�P.,,. .-..-..,. - •1wy ::2: AW C I ,4v e 9 5r T `e - z -.. - = ANMM elf ry�wv�-- PRELIMINARY PLAT 3 •m.. ERN CON900e y RRIS - McMONAGLE ASSO TES ENGINEERS-SURVEYORS RECEIVE 8740 SW Scoffins Street TIGARD,OREGON 97223 D TEL(503)639-3453 FAX 639-1232 OCT 2 October 16, 2008 C/ u ZOU8 �� � Tl� • SUBJECT: MLP 2008-00001 Agnesse Partition Plat(Summary Conditions of flF UARi 'A1,^YEERiN,G Dear Gary& Kim; The following supporting information has been included with this cover letter addressing the Final Conditions of Approval. The items are addressed as follows: PLANNING 1.Prior to final plat approval,the applicant shall submit a tree and landscape protection plan that clearly indentifies existing trees and major vegetation to remain (both on and off-site), and the methods that A will be used to protect them. The tree and landscape protection plan shall include the signature of approval from the project arborist. -Enclosed is a copy of the stamped approved Grading and Tree Protection plan signed by the arborist. 2. Prior to final plat approval, the applicant shall submit a revised street tree plan consistent with the City Arborists' comments on tree species, location and spacing and include a note on the plans to the 6 effect that slight variations in placement may be required due to driveways, utilities, etc;, but every attempt will be made to keep the same net number of street trees that are shown on the plans. -Enclosed within the plan set is a revised plan title Street Trees and Landscaping(sheet 3) consistent with the City Arborist's comments. A note has been added to the plan as detailed above. 3. Prior to final plat approval, the applicant shall submit a landscaping plan showing a six-foot screen ,,e____ along the southern property line in accordance with section 18.745.050. -The applicant has included this detail on Sheet 3 of the plan set. 4. The applicant shall submit a revised preliminary plat showing visual clearance areas as determined in Section 18.795.040. a k -The applicant has included a draft copy of the final Partition Plat showing the visual clearance areas as determined in Section 18.795.040. ipiu 5. Prior to final plat approval for Parcel 1,the applicant/owner shall record a deed restriction for each lot to the effect that any existing tree greater then 6"diameter may be removed only if the tree dies or is hazardous according to a certified arborist. -The applicant has included a draf� t copy of the deed restriction for all trees greater then 6"for those trees related to Parcel 1. ENGINEERING 6. A PFI permit is required for this project to cover utility laterals and any other work in the public right-of-way. Six sets of detailed public improvement plan shall be submitted for review to Engineering. -Enclosed with this cover letter are six sets of detailed plans for the PFI permit. 7. The PFI plan shall it °the exact legal name, address and telex t number of the individual or corporate entity who wii. .o designated as the permittee who will provide the financial assurances for public improvements. -The PFI plan includes the name,address and telephone number of the individual who will be designated as the permittee. 8. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. -The applicant has designated an area for construction vehicle access on Parcel 2. No parking will be allowed on SW 95th Ave or any other local streets surrounding the site. 9. Prior to final plat approval the applicant shall pay the addressing fee. -Enclosed with this letter is a copy of the receipt verifying the applicant has paid the addressing fee. 10. Prior to final plat approval the applicant shall plat a street tree along SW 95th Ave. -The applicant has contacted the City arborist in regards to tree planting along SW 95`"Ave. Based on his email dated Oct. 15,2008 no additional trees are needed due to existing trees to be retained as street trees,the existing driveway location for parcel 1 and the future driveway for parcel 2. A copy of his email has been included with this cover letter. 11. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW 95th Ave. adjacent to the subject property,when any of the following events occur: (A-D) -The applicant requests the City Engineer prepare the Restrictive Covenant document for signature. Please notify the applicant when this document is ready. 12. The applicant shall obtain approval from the City of Tigard for the proposed water connection. A plan for disposal of the storm water runoff from the house on Lot 2 shall be provided as part of the PFI permit for review and approval. An erosion control plan shall be provided as part of the PFI permit drawings. -The applicant has included plans detailing the water connection,sanitary service,storm water runoff and an Erosion Control Plan as required for the PH permit drawings. 13. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system. -The applicant has submitted a Copy of the Final Partition Plat for review with ties to two monuments. 14. Final Plat Application Submission Requirements. (A-D) -The copy has already submitted the 4 paper copies of the final Partition Plat as detailed in items A-D. The Following Conditions shall be satisfied prior to issuance of building permits.(15-28) Prior to issuance of building permits Conditions 15-28 will be satisfied as required. If you have any additio iuestions or comments please call or et me directly. Sincerely Steve Bloomquist Page 1 of 1 Steve Bloomquist From: Todd Prager[todd @tigard-or.gov] Sent: Wednesday, October 15, 2008 10:33 AM To: Steve Bloomquist Subject: RE: MLP 2008-00007 Dear Steve, I reviewed my plan review comments and they say that the size and location of street trees that were submitted are acceptable (no additional trees needed on 95th). I also said that the proposed spacing of trees along the private drive requires a small stature tree to the west of tree 1560, and large stature trees to the east of tree 1560. I recommended (Cascara) Rhamnus purshiana for the small stature tree and Oregon White Oak (Quercus garryana) for the large stature trees. Let me know if you have other questions. Thanks, Todd From: Steve Bloomquist [mailto:Steve @h-mc.com] Sent: Tuesday, October 14, 2008 11:22 AM To: Todd Prager Subject: MLP 2008-00007 Todd, I am working on the above Final Plat on SW 95th Ave. One of the conditions you listed states that another tree needs to be planted along SW 95th Ave. I have attached a site plan for your easy reference. Since we are retaining two trees along 95th Ave and creating another driveway in addition to staying out of the clear vision area I would have to plat a tree 10 feet to the south of tree 1559 which is a 41 inch oak. I think it's too tight to plant another tree with respect to the driveways, clear vision and trees to remain. If you disagree where would an acceptable location be along 95th Ave?What smaller type of species would you like to see? Thanks for your help. Steve Bloomquist Harris McMonagle 503-639-3453 (ext 19) steve @h-mc.com 10/15/2008 PARTITION PLAT FOR HMC�Harris-McMonagle PARTITION PLAT NO Philippe Agnesse L'¢ Associates,Inc. RECORDED AS DOCUMENT NO 1968 9KLYHPAG-91RNEYAG•N.N✓+;M: S7405WSWMU Street rgvq dryer 97123 BEING A RE-PLAT OF A PANI IIION OF LOT 6 OF THE Tel(503)6J O!74(507)579-1232 UNRECORDED PLAT OF "F1RDALE" LOCATED IN THE SE 1/4 OF SECTION 35, - - . TOWNSHIP 1 SOUTH, RANGE 1 WEST, r PROFESSIONAL I WILLAMETTE MERIDIAN, CITY OF TIGARD, I LAND s� OR WASHINGTON COUNTY, OREGON +% OREGON ` BASIS OF BEARING: EAST LINE OF 60 FOOT RIGHT OF WAY � e'0 a°NC F N 00.00'01" E AS PER SN 29974 EXPIRES I2-31-2006 DATED: SEPTEMBER 5, 2008 JOB No. 08-07 SCALE: 1'=20' SURVEYORS CERTIFICATE CITY OF TIGARD APPROVALS: I WILL IAM L McMONAGIE,HEREBY CERTIFY THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH PROPER MONUMENTS,AU.PARCEL CORNERS AND BOUNDARY LINE CHANGES IN DIRECTION THE LAND REPRESENTED IN APPROVED THIS DAY OF , 2008. THE ANNEXED PARTITION PLAT AND AT THE INITIAL POINT I FOUND A 3/4-INCH IRON PIPE MARKING THE SOUTHWEST CORNER OF LOT 6 OF BY THE UNRECORDED PLAT OF'FIRDALE"BEING ON THE EASTERLY RIGHT CITY ENGINEER OF WAY LINE OF SW 95TH AVENUE; LOCATED N 00'00'01'E 269.97 FEET DOC NO 2005-046943 FROM THE NORTHWEST CORNER OF LOT I OF THE DULY RECORDED PLAT OF'TANLA"; THENCE ALONG THE RIGHT OF WAY LINE N 00'00'01'E APPROVED THIS DAY OF 2008. GE 89.83 FEET TO THE NORTHWEST CORNER OF LOT 8, 'FI RDALE"; THENCE re I" I.P.F. ALONG THE NORTH LINE OF SAID LOT 6,N 89•24'07'E 238.09 FEET TO I BY: THE NORTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE EAST LINE / OF SAID LOT 6,5 00'06'54' E 89.83 FEET TO THE SOUTHEAST CORNER COMMUNITY DEVELOPMENT DIRECTOR OF SAID LOT 6; THENCE ALONG THE SOUTH LINE OF SAID LOT 6, S 89'24'07'W 238.28 FEET TO THE INITIAL POINT. 30' CONTA IN INC: 0.49 ACRES. ct. WASHINGTON COUNTY APPROVALS: DECLARATION: I g 0' APPROVED THIS DAY OF 2008. MUE KNOW ALL PEOPLE BY THESE PRESENTS THAT PM ON INVESTMENT CROUP BY: LLC IS THE OWNER OF THE LAND REPRESENTED ON THE ANNEXED MAP PARCEL I WASHINGTON COUNTY SURVEYOR AND AS DESCRIBED IN THE SURVEYORS CERTIFICATE AND THEY HAVE CAUSED THE SAME TO BE PARTITIONED AND SURVEYED INTO THE PARCELS AS SHOWN ON THE ANNEXED MAP ALL PARCELS BEING OF THE ALL TAXES.FEES,ASSESSMENTS,OR OTHER CHARGES AS DIMENSIONS SHOWN AND HEREBY GRANTS ALL EASEMENTS SET FORTH PROVIDED BY O.R.S.92.095 HAVE BEEN PAID AS OF THIS FOR THE USES STATED AND AS SHOWN OR NOTED ON SAID MAP. h �� CLEAR VISION a R /-TRIAGLE DAY OF tI \ DIRECTOR.OF ASSESSMENT AND TAXATION WASHINGTON I COUNTY,OREGON t 1 •PHILIPPE AGNESSE MANAGER-Pea INVESTMENT GROUP, LLC 89-: UP N 30 DEPUTY PARCEL 2 - I ACKNOWLEDGEMENT: LEGEND: "I N I T I AL POINT STATE OF OREGON ) STATE OF OREGON) • DENOTES MONUMENT FOUR 3/4' I.P.F. COUNTY OF WASHINGTON)77. COUNTY OF WASHINGTON)a. AS NOTED 0 DENOTES 5/8'm0•�IIRON ROD SET DOC NO 2008-056526 I DO HEREBY CERTIFY THAT THIS PARTITION PLAT WAS THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON WITH RED PLASTIC'CAP RECEIVED FOR RECORD ON THIS DAY OF STAMPED'H-MC,INC.' ,AT O'CLOCK—.SE WE REGULATE 115E LITIES P FOR AND RECORDED IN THE COUNTY CLERK RECORDS. RECx.IATED UTILITIES PUBLIC AND PRIVATE BY PHILIPPE AGNESSE AS MANAGER OF PM INVESTMENT GROUP,LLC AN OREGON LIMITED LIABILITY COMPANY EASEMENT DETAIL DEPUTY COUNTY CLERK NOTARY SIGNATURE I"e20' COMMISSION N. NOTARY PUBLIC- OREGON MY COMMISSION EXPIRES SHEET 2 OF 2 • PARTITION PLAT FOR HMC_`Harris-McMonag/e PARTITION PLAT NO Philippe Ag n e s s e s I Associates,I RECORDED AS DOCUMENT NO 1966 svao�nnv.9U7KYMG-rt.uw'wG BEING A RE—PLAT OF A PARTITION OF LOT 6 OF THE S740 SW(KW 09-3453 Pa' 16.79-1232 UNRECORDED PLAT OF 'FIRDALE' LOCATED IN THE SE 1/4 OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, HELD WILLAMETTE MERIDIAN, CITY OF TIGARD, 5/8. I.R.F. Y.P.C.- STAMPED '2419' WASHINGTON COUNTY, OREGON SN 29874 N 79'46, 5/B' I R.F.Y.P.C. 'X �•W 120.91' STAMPED '2419' BASIS OF BEARING: EAST LINE OF 80 FOOT RIGHT OF WAY •;n (.1 20.92(I)) SN 29874 N 00'00'01' E AS PER SN 29974 W DATED: SEPTEMBER 5, 2008 JOB No. 08-07 r -�� N 89'17'135"E 1 19.18' ��5.96'(15.91'(1)) Sli SCALE: 1'-30' ��Iyy� _ iLfiWS>rr• LW I.P.F. NARRATIVE: \ DREG E4G d 3/4' I.P.F.(NR) I-- UP 2.0'(NR) J q w-0.15' $%. I.THE PURPOSE OF THIS PARTITION PLAT IS DEFINE THE BOUNDARY S o• f al HELD T N-S - QI OF LOT 6 OF THE UNRECORDED PLAT OF"FIRDALE" AS DESCRIBED IN EXPIRES 12-31-2008 0' = LOT 3 DEED DOCLMENT NO.2008-043502 AND DIVIDE THE LAND INTO THE A SIT NO 2005-048943 9i g TWO PARCELS AS SHOWN AND PROVIDE FOR THE EASEMENTS AS 1 SHOWN AND NOTED. o DEED DOC NO 87-17147 o g (F I RDALE UR SN 5321) 2. THE BASIS OF BEARING WAS ESTABLISHED BETWEEN THE SW CORNER 30, 30' g 6NI0 CODSO g DOC NO 1997-111673 OF LOT B AND THE NW CORNER OF THE PROPERTY LINE ADJUSTMENT I $ N 653,221.972 5/8' I.R.F.NR v) AS SHOWN ON SURVEY NO.29.874 AND AS SHOWN AND NOTED - S-0.22 HELD HEREON. 1' I.P.F. I/2' I.R.F.(3) S.THE 3/4-INCH I RON PIPE FOUND WAS HELD AS THE SOUTHWEST N-0.24' (238.00'0-2) S.E.CORNER OF LOT 3 E-0.03' CORNER OF LOT 6, "FIRDALE(UR). I - 119.35'(119.01'0-I) N 81T24'0T E 238.09' -. NOTED DI IN SN 6268 4. THE NORTHWEST CORNER OF SAID LOT 8 WAS ESTABLISHED BY n I 120.00' 118.09' T`';. HOLDING THE DISTANCE OF 138.95 FEET S 00'00'01-W ALONG THE m _ 10' -2 RIGHT OF WAY LINE OF SW 95Th AVENLE FROM THE MONUMENT 1,11~ N MUE n MARK INC THE NORTHWEST CORNER OF SURVEY 29874. s 1 Z,�� 5.THE NORTH LINE OF SAID LOT 8 WAS THEN HELD BETWEEN THE r B �`v-"� m m N NORTHWEST CORNER MD THE I/2-INCH IRON ROD FOUND MARKING <1 o fY z w°+ PARCEL I ° PARCEL 2 S• o $ THE SOUTHEAST CORNER OF LOT 3'FIRDALE' 8 8.THE SOUTHEAST CORNER OF THE SITE BEING DEED DOCUMENT NO. SW LEWIS LN Y G o$ 8,979 SF 8 12,416 SF c 2008-043502 WAS ESTABLISHED BY DIRECTING THE EAST LINE Q §o m$$ z THROUGH A 3/4-INCH IRON PIPE FOUND AS NOTED IN SURVEY NO. I o 6 g PT 6268 AND DIRECTING THE SOUTH LINE OF SAID LOT 6 PARALLEL WITH THE NOM LINE TO INTERSECT THE EAST LINE AS STATED. 6 to Z S 89'24'07'W 120.00' O I 479 1 "'115.(!0' I m 3/4" I WALL 11 5.32'(115.00'(2)) • S 89'24'07'W 238.28' N-0.25' (238.00'0-2) W 0.10' INITIAL POINT ;� a HELD *1 1/2' I.P.F.(NR) 3/4" I.P.F. 8 �D: THREAD TOP U'0.70' S. n ~ FOR R/W AND SOUTH LINE n•- SN 6268 SET AN IRON a SW CORNER OF LOT 6 �0 ANµASPNOT SPECIFIC AS g co - OF FIRDALE(UFO a N-0.24' p+ n CRIU OOpID DOC NO 2008-056526 DOC NO 2003-201822 I m N 656.8.356354 8 .4i E 7.618.355.34157 ^ o THEATA-01•]5'47' N 5/8' I.R.F.(2) 8 COMB INm SCALE AND ElEVAT I ON / DN 0.20' FACTOR-0.980899864 LEGEND: REFERENCES: N q • INSIDE 4'PLASTIC PIPE / • AS NOTS�MONIWENT FIEND 2 82684 W w -... 15.00'(D-3)I 94 O DENOTES 5/8'X30'IRON NOD SET 3 SN 5321 WITH RED PLASTIC CAP 4 TANCELA p 9 STAMPED"N-BC INC' HELD D-1 DEED DOC.NO.87-17147 AND 2005-048943 C DOC NO 2004-076685 A INITIAL POINT AS NOTED D-2 DEED DOC.NO.2008-043502 SITE OEID 5/8" I.R.F. 3/4' I.P.F. O W-0.14' LOT 8 UP 1.8'NR D-3 DEED DOC.NO.2003-201622 0 g I.P.F. IRON PIPE FOUND D-4 DEED DOC.NO.2008-056526 Z °a SW CORNER LOT 8 F1RDALE(UR) EAST 13L1 Ea INF. !RCN REO FOND %. IN F I RDALE(I1R) Y.P.C. YELLOW PLASTIC CAP (1R) FIRDALE ENECOREDED PLAT 94 5321 NOTED SN 8268(2) VW RIGHT Cr WAY FO SN DOC �IT6MDER FQ LOT 9 CALC F NO NUMB g DEED BOOK 936 N- NORTH \ o ov PAGE 210 5- SOUTH E- EAST N- WEST Q CENTERLINE �NW CORNEFR LOT I TANGELA Pas POSIT NR NO RECORD MEE MILTIPIE USE EASEMENT FOR O 80 REGULATED UTILITIES PEBLIC AND PRIVATE SCALE:1'-30' SHEET 1 OF 2 r ADo E5,S Rs.ce;p-f- 8:36:38;\ 6 171 CD CD Receipt #: 27200800000000003477 1Date: 10107/2008 5. vo :ode Description Revenue Account No Amnia I':iRI CD [LAN DUS1 MU) Final flat 100-0000-438000 777.0( [EAD[)RfiI Address Fee 100-000()-43:070) 50.00 r [LRPF1 LR Planning Surcharge I00-0000-438050 1 14.00 0 0 Line Item Total: $941.0(} CD vo User II) Acct./Check Nn. Approval No. 1-low Received :\mount I'aici co oENTIi•\L. INC KJP 1 172 In Person 777.00 0 ENTIAL INC KJN 1 173 In Person 164.00 Payment 'Total: $941.00 cD cD O OR CD 0 0, 0 O "h 00 — Tree Protection Plan October 15, 2008 SITE ADDRESS 11640 SW 95th Ave., Tigard, Oregon Follow the below listed instructions in order to provide the proper protection before, during and after construction for trees#1558, #1559,#1560, #1562 &#1563. I. Before Construction: ADP. Non-App. X7 ❑ a. Identify and number the trees to be protected, verify by mapping and/or tagging.and note their size in D.B.H. (Diameter at Breast Height), variety, health and structural conditions, review plans. It ❑ b. Check with local government agencies for tree protection ordinances. 1I ❑ c. Remove any low limbs that may be in the way of construction equipment, and prune as needed to adhere NAA standards. Xl ❑ d. Leave a protective covering on the soil, i.e., existing groundcover or mulch. CK ❑ e. Notify all other contractors that these trees are to be saved and protected. IN ❑ f. Install a temporary 6' high metal no-climb fence to protect the trees and their root systems. Install tree protection sign on fence. Posts located 10' on center as a general rule. For every inch in diameter of the trunk (D.B.H.) allow up to 1 foot of radius from the trunk as the protected area. (Example: 24" D.B.H. = 24' radius of protected root system.) Ideally, we need to protect more than the drip zone. The drip zone into the trunk is the support roots that hold the tree up. The roots from that drip zone out provide nutrition, water and oxygen. Try to avoid loss of more than 30% of root on any one side. This allows some encroachment within the drip line. This should be determined on a case by case site conditions reviewed. (SEE ENCLOSED SITE PLAN) Xi ❑ g. Identify any insect or disease problems that may require treatment. Ex ❑ h. Engineer and design proposed structures and construction to avoid root loss. Bridge type foundations can save major roots. 51 ❑ i. Design landscape islands and planting areas large enough to accommodate trees at maturity. ❑ j. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities. a ❑ k. Have an experienced Arborist review landscape plan to assure the right tree is planted in the right place and proposed changes don't kill retained mature trees. XI ❑ I. Consider tree removals adjacent to trees to be saved for wind related stability concerns. App. Non-App. 14 ❑ m. Check for past and proposed grade and drainage changes, consider the effects. • ❑ n. Check trees for stability. Xi ❑ o. Remove all trees that would not survive the effects of change. Remove all hazardous trees. X ❑ p. Minimize environmental changes. II. During Construction: D ❑ a. Keep equipment off of the root system to avoid compaction. • ❑ b. Keep equipment away from structure to prevent damage to trunk and limbs. X ❑ c. Don't allow chemicals to be dumped on the ground near the tree, i.e., gasoline, diesel, paint, herbicide, cleaner, thinners, etc. k1 ❑ d. Provide means of temporary irrigation if the project runs through the summer. X ❑ e. If roots or limbs are cut or damaged, have them inspected by an ISA Certified Arborist and repaired or treated according to his/her recommendations. ❑ f. Protect the trees from excessive heat, i.e., equipment, paving and/or burning. kI ❑ g. Avoid trenching through the root systems, boring under them or hand digging can save roots. BSI ❑ h. Contact the ISA Certified Arborist familiar with the site prior to and during any activity within the drip zone or tree protection fencing for consultation. III. After Construction: lX ❑ a. Carefully landscape the area under the tree, being careful of the roots and structure. Use plantings that will live under the same conditions as that of the tree. ❑ b. Provide insect and disease control, fertilization and pruning as needed or adhere to long-term protection plan if provided. $I ❑ c. Avoid direct irrigation spraying onto the trunk. The amount of irrigation needed to keep new plantings alive can often be enough to kill mature trees. • ❑ d. Do not cover existing root systems with more than 2" of soil. The more soil you add, the greater the chances of damaging the root system. ❑ e. Provide irrigation and/or drainage to emulate pre-construction conditions. NOTE: This tree protection plan identifies construction protection measures to prevent unwarranted tree loss. The identified measures limit the amount of earth disturbance surrounding the trees, and limit the removal of the tree's root systems. Due to the variation of every project, it is unlikely all of the above identified measures can be practicably applied to each individual tree; nor is it likely each measure is necessary to retain each tree. Prior to the beginning of construction a meeting between a certified arborist and the necessary contractors will be held to determine the appropriate level of protection for each tree, in relation to what work needs to be completed in the tree's vicinity. On site supervision by a certified arborist will be determined and supplied as necessary. CITY OF TIGARD DECLARATION OF TREE REMOVAL RESTRICTIVE COVENANT This Declaration and Covenant applies to that property in deed to Parcel 1 of PARTITION PLAT , (Declarant) P&R Investment Group, LLC, as described in Deed Document No. 2008- , Deed Records, Washington County, Oregon. The address of the property is 11640 SW 5 Avenue,Tigard, Oregon. This Covenant applies to all trees on Parcel 1 of PARTITION PLAT , as shown on Exhibit «A„ All trees that are 6-inches, or more, in diameter as measured 4.50 feet above the ground are subject to the conditions of this Covenant as follows: 1. In order for any tree or trees to be removed from this grove an arborist shall prepare a report indicating that the tree or trees in question are either dead or are a hazard to other trees,property or structures if left standing. 2. This deed restriction shall be removed or will be considered invalid pertaining to any tree or trees that were preserved in accordance with the conditions of approval should these trees either die or are removed as a hazardous. P&R Investment Group, LLC., an Oregon Limited Liability Company By: Philippe Agnesse-Manager State of Oregon County of Washington Subscribed and sworn to before me this 17th day of October 2008; the undersigned a notary public by: Philippe Agnesse as Manager of P&R Investment Grou, LLC, an Oregon Limited Liability Company. Notary Public State of Oregon ATTENTION EXCAVATORS: OW 9 4 vfA/af PA T�770N Its I I I l I I I r — NN OREGON LAW REQUIRES YOU TO FOLLOW RULES ADOPTED BY THE OREGON UTILITY NOTIFICATION CENTER. THOSE RULES ARE SET FORTH IN OAR 952-001-0010 THROUGH OAR 952-001-0090. �� ,iuIuI„ , , „■■ _►YOU MAY OBTAIN COPIES OF THE RULES BY CAWNG THE CENTER UT (BONS ABOUT 344 OR (503) 232-1987. IF YOU EAS ANY MINOR LAND PARTITION IMPROVEMENT P LAN S � ._ - - I QUESTIONS) ABOUT THE RULES, YOU MAY CONTACT THE CENTER.YOU MUST NOTIFY THE CENTER AT LEAST TWO BUSINESS DAYS m� Ali - ■n -T•'1�� m BEFORE COMMENCING ANY IXCAVATION. CALL 503-246-6699 LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 35, f=1- j N ■� L LOCATES TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, it•, 'IR.�� ! pylon o Cw 2 (48 HOURS NOTICE REQUIRED PRIOR TO EXCAVATION) \ '' CITY OF TIGARD, WASHINGTON COUNTY, OREGON �.� Im5.■ \ •,��� • Um� NI. p ONE CALL SYSTEM _w _ ((GENERAL TELEPHONE, NW NATURAL- 503-246-6699 �� •_�^ s� t,. I, MN ChS. CABLE. AGE, WASH. COUNTY) •II "t -�!� �irrill l • •41 -- - gt . ._I i . mill --� 1.L �- ..,/ __ REPAIR macausc�s �' ••�•••���I��111U'' .e/%►I: ■ = C NORTHWEST NATURAL CAS - 800-882-3377 �f �9 1, • �;:�� -r•� iii � II, VERIZON - 800-483-2000 PORTLAND GENERAL ELECTRIC - 503-542-8818 •—� I1t��y� _�I.■ r�� ' ���• CLEANWATER SERVICES - 503-547-8100 OR 503-681-3600 • NW`.W _ _ ',� COMCAST - 503-605-4884 1 ,� �\ `` .,�,`f'•,' '� THE COMPLY I IN LOCATION REGU AND PROTECTING UNDERGROUND 7.541 T U571.ES, �� rl4•...414) '�, ,-,,, x11 MUST COMPLY WITH THE REGULATIONS OF O.R.S. 757.541 TO 757.571. �� GENERAL SITE INFORMATION: VICINITY MAP w I”-500' PROJECT SITE LOCATION Z 350 FEET SOUTH OF THE INTERSECTION OF SW GREENBURG RD W AND SW 95TH AVE; ALONG THE EAST SIDE OF SW 95TH AVE. > OIYNER/PERMTTTEE: ENGINEER AND SURVEYOR SITE ADDRESS: 11640 SW 95TH AVENUE < 1 PHILIPPE AGNESSE HARRIS-MCMONAGLE ASSOCIATES, INC. LATfTUDE=45'26'09-N, LONGITUDE=12746'2TW PO BOX 230635 8740 SW SCOFF1NS ST GROSS SITE AREA-0.49 ACRES = - TIGARD, OREGON 97281 TIGARD, OR 97223 H PHONE: s!,3 860 2631 PHONE: (503) 639-3453 PROPERTY DESCRIPTION t I CONTACT: PHILIPPE AGNESSE CONTACT: JAY HARRIS WASHINGTON COUNTY TAX MAP: IS 1 35DC TAX LOT 3300 ARBORIST LOCATED IN THE SW 1/4 SE 1/4 OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMLI IL MERIDIAN, CITY OF TIGARD, TREE CARE AND LANSCAPES WASHINGTON COUNTY, OREGON ' 1- .:TA'm>« 5600 SW ROSEWOOD ST. LAKE OSWEGO, OR 97035 30' 9/0 PHONE: (503) 635-3165 EX I�T I NG J W+A" CONTACT: KAY KINYON 60'I R/W I: N 19724.07.E 238.09' -.I 1 s I SW LEWIS LN IN 0/0701.00 I W ?8v6A1e u)to P011/17 WOW a tour r,1=r” (T.B.M. #1) pfEnasn1 Pram.))a 1 (a nm arwm THAN 4-meo) - T rn 0 31 * - z 1 \ „ > I i, T S 8224'07'W 238.28' La 1 .411 9 UI 0, z_ arm R m*Aar GI �� OW 95TH A VfNG1f PART/T/GIN 11640 SW 95TH AVENUE MINOR LAND PARTITION IMPROVEMENT PLANS I NOTE: NC CONSTRUCTION EQUIPMENT, AIL 1 I VEHICLES OR EMPLOYEE VEHICLE SHEET INDEX: BENCH MARE E TO PM PA,:•(ING IS ALLOWED ON CITY OF TIGARD BENCHMARK NUMBER 251 I TAX TA' �` ON SW 95th AVENUE. Cover Sheet and Vicinity Map 1 OF 5 BRASS DISC IN THE CURB AT THE SOUTHWEST CORNER ---- OF THE INTERSECTION OF SW GREENBURG ROAD AND sot 95TH AVE Existing Conditions Plan 2 OF 5 RAVING AN ELEVATION Of 218.39 FE:. ELEVATION DATUM. NGD 29 Grading, ESC and Tree Preservation Plan 3 OF 5 SURVEY CONTROL. Site and Utility Improvements 4 OF 5 1, 4999.41, 2993.83, 215.11,PK Tog • 2, 4750.59, 2998.32, 208.72,PK Tog °-"�0 Standard Plans for Construction 5 OF 5 (S 01-04-44 E-248.88') '? TEMPORARY BENCH MARK (T.B.M. #1) ,s YEAR 0 40 ao TOP OF FIRE HYDRANT NUT .%N. awe �, - SCALE: 1-=40' REVISED: OCTOBER 16, 2008 ELEVATION OF 20835 FEET _ SITE MAP CITY OF T i GARD CASEF I LE NO MLP 2008-00007 REVISIONS REFERENCE INFORWTI ON: - _DESIGN SCALE ,4$'�P f'YB HMC HMC Harris-McMonagle £W 95Th'A VfNUf PAT<TIT/ON ,--40' PHILIPPE AGNESSE F b "aBgFf� 11640 SW 95TH AVENUE DRAWING NAME PO BOX 230635 `, /�-/}� (/ TCM Since ,associates, Inc. COVER TIGARD,OREGON 97281 1 V ORE... 1968 ENGINEERING-SURVEYING-PLANNING SHEET CHEOXED 503 860 2631 JD" COVER SHEET 1 .fie'_ �e 8740 SW ScofiSns Street Tigard Oregon 97223 o.H� DATE Tel(503)639-3453 Fax(503)639-1232 REV. DESCRIPTION APPR. DATE 0W865 JUNE 300,2D09 10/15/08 VICINITY MAP OF 5 C I'I . OF T I GARD STANDARD NOTES TO SW GREENBURG RD GENERAL cowintIONS GENERAL CONOrrIONS 1 The permit honer must comply weal sit,applicable provisions of federal and state do.the Tigard 11 I Municipal Code,and the terra of any agreement with the City ol Tigard regarding work to be done - pursuant n this peanut 27 The City's Inspector may.et toe lisueaon require pods.of less and or*Doris from me permit hole* perms homers engineer or contractor U vaidate.ms id matenal or construction j 2. The Cat's standard speakalim for traffic dined)3'Manu l.UMnm traffic Control Devices For adequaryrcomplanco Surf!cotsrcpnb snail to provided N the Damn hosiers expense ` Stream and Higlwrayer,U.S.Dept',Transportation.FNWA..1888 C-m. 78 The permit honer shall prod.a.ov cf a proper.execute Release and Waiver...mem to L-e v u. Traffic cdnrol 1'la1 oe proviced hue by the coneedor m amardars a with to City's starnard Cry for eacrt owrerano draturbed by conseuceun windy.as evidence Ct disturbance•esoPmr and I I specaatons and.also.0 accordance win a City)lob specific)adProwd trait gntrtl plan.A Coot owner satsfacltn Of the at,roved traffic Contra pan anal be availilabe al Te work a'ea 29.Exsag monunenta propery amens.and su'ey markers snits be protected Replacement snail I Di wlfdl 4 Public read shall nor be closed to traffic a eg be a the permit iwiders expense 1 weal any time without maw ad meek ice written m N I_ IX BUILDING approves from the Cary Engineer Tne Demai holder s resDOnSible for povsiM of tm+ely MIdK2ti0n 33 The Engineer.shah notify the Andun Tton County Surveyor when me natal and anal eft of espial -+ d malt flow disrupt.*b area note Emergency Services(Tigard Police Dept uataan Fite 8 Rescue)and n Tn-Met and Tgprd Scholl ORtrict am otter seen.providers nave been daces. [� 31 Me pen.notder shag provrte m toe City inspector.in vetting.me names ant Z4 hour emergency 5. Advance warren of imminent traffic disnnern shah oe provided b the genes motoring pWic by teiepMrre number d two(2)cersma who nave authority b resold ppderrn.take roreceve acron placement of an advance rotiacaapn sgn at each end d me oonstrudtan area 72 hours Trim)before amp n ge'roral,we De respoixibk!m case o any emergency The permit holler shits nod/1M Cay newton a construction work. Inspector,in wane.d ayas assgnnem cfwrges. 8 Access n existing properties shall be maintained at all Vries,incbdng normal delivery serve all 32.The permit heeler char cause Ms contractor to Pmvkle to the City Inspector.In wining.Me tame and b�r '4 _ _` mitt service and f not,shah be Cause fDr work stoppage and BNDCave access a esabfshed. 24 roar emergency dedsoe number of a depan.ed Comneent Person responeble lc I q co, consbucbon safety as per CR-OSHA.Chap 437,Dv 3 Construction.Sutrdmston P-Exceattns. I I I c2 7 TraTc control nevees.flag persons et-.shall be m place prior to ovation d construction work and The contractor shalt ndny ma Cite inspector d aryilA assignment changes _ SWit De emecbvelY'nakialred 33.It.s the me resporisnbkay of the permit holder b provde for pope NM-0entry and'mr easement Or.n start..ig work. Prod d rght.cfcmtry or porn icy exectnec easements.shag be provided to i 8. Pursuant to Tigad Municipal Code Section 7 40 180,won,s permitted berAeen the nouns of 7 03 the City The C ty shall in�w way be construed n be Babb for the pemR holders taaure to obtain or a.m.0 7.00 It m oat/unless oaterw,ss authorized by The City Manager provide for prodd ripe.ot-ertry or easement PO _ z I < SECONDARY POWER 9. Hors of comau�on work on collector and aneral roads we be anted to 9.00 a n-3 On p m,mess 34.Before pacemein d:toe renal rift of asefaft;toe pe'nr honer alas clean and compete a pd. a y • 1 CABLE AND TELEPHONE 1 155 SW GREENBURG RD authorized by the City Engineer. No work ova nit be permitted on xkednr and art toads acceptance vkleo repedon or all.new sewer tares.The perm holder man p'o de tie City wen 30 I I I I TAX MAP I 5- -35DC between 3.30 p m and 9'70 a m unless authcriz d by one Cary Frgreer days d ndxe for the vdeo limed. Any aearuenoes slits x repered cells pie.gym.a renal T/L 3001 aft I IX BUILDING 10.Minimum tree lane wide shad be twelve 1121 feet peoestren(rave snag a.so De P'ovded for I I3 35.(PRIVATE SYSTEMS) The s Ian•he water dusty facets),and rorrecl any ,I The Cm a'..d Be Casty reserve the rigs to add nor modify traffic coned....entente as may be defective walk,all Mal k tanance to assure proper funcnora g of the n It I I 1 590 SW 95TH AVE necessary b MecMety canted traffic and to arias piled safety faclry. , `` i to \ TAX MAP I5-I-35DC 12 Before muting -y crostixtion actvay.the permit holder shall be contacted o[M C s paste 36 PUBLIC SYSTEMS) The Developer snail create add • 1 12 I h T/L 3200 y aY' ( pnpvde 0 the C.y a scnecue nr senate GRATE 208.82 I \ veYopment ns..ctd.1503539-41711 to establish a pace tone and dam fix a precarsmxpon (querteffi'1 maintenance of the water waxy rap The Develooer Mai waintank sap fautey fora IE 2' 9 OUT r-sietwg Period of three 131 years from Ins Ct C Nona Acceptance of the ism*irmurnvt onts IE 2• 89 IN I I ���/ rr-, On October t of each year A I f.1 period the[Moabite, h u opt n winng, (No ce'. ORTN) W - 3 1 he permit no.,or At contactor that manor the Cry's Inspect... .c4. 1c Ale.."t of mx tMe'oe scathed to the Lit City crews honk m rawer remove v EX D/N D(I4OI . 1 503,039-d'7-twenty-for'.it hours pap to commencing won twenty-rout(24)hours poor bay and disposal of sot and OtAoo r d' Ma cepa.Le of the ragli5 the Developer she staged medecaon(see atached ledge and alter conokerg work covered by the Perna- provide a mean evenaeon d the operaton and mentena o needs Al the lac ity ono cored any I ti y -xe. _ 1 deac,encres identified in the evaluaban I` y `t• - ; 14 A copy of the peoM and a attachments and a copy of n approved arnmtlbn plan d as .: �`, :amendments shall be awaaable at the work area AA work shall conform to the perm4 terms. Revision 3-24-08 I 'CHAIN L FENCE - 'NO FENCE - - - ` , condemn and ptosn,ons and to the Cay approved permit pans.and approved pan amendment. I „yy eg k •.mot n the C ry s standards and spectfr48iom am n these Ge al Conditions Changes to any o' 3 rrf .. m �{,...GAS METER I�§FIR -xme Me aforesan out be approved by the Gip,in advance of work performance. I IX A/C D/w t v MET11Lel'OST �'��^2r� . - , yX h I 2 IoAE3ora W < .. 'MAILBOX GARAGE _ - - - 'L.71u' i "PINE _ - - �, PAGE lath _ m 158 - - \, h MS 59307 SSMH I 171 WM OAK WOW `\KEYSTONE r ckNER.u.coNDrl'lons RIN 200.19 Li.i DEac PLANTERS SHED . 11575 SW GREENBURG RD may `` t5 Mantenance of the work area and apF'oaci,roads is the respons.biti"y of the llama Haber The IE 194.91 Q 155 1 10 ROOF`` f - TAX MAP I S-I-35DC won area and approach roads shall be me.ntaned in a:Jean condition.nee from obsbucc ns and NO STD'S-� / 2"OAK _ _ _ - - X 1 - z , TA 3000 hazards.A copy cf the penny Folders Certificate of Insurance shall be available at to work area _ y SAN SAN N 1r* - - _ __ r• 16.The spead:ng or mud or Cebrs or storage d maenad c equipment day kind on any pubic , - - _ _ _ .. _ _ _ `f roadway is stagy prohibited all violator shall be cause for immediate ran. micron of the permit Iv _ .. _ _ _ _ _ -- The City may a any time order mediate cieen-up and oven.of work n am..deers-up. SW LEWIS LN F-- _ `, On x -ace. 1 - • IX BUILDING IXIST ING NOWN- ,ST, 17 Effective erosion control K regwad Erosion control deuces must be ataatea and managed 20' A _ _ (TO REMAIN) _ \I oRebng the 0 E 0 requirements The Cay may at any Are order careca a action and sbppags d IX A,/C I k 1 _ _ _ - - _ - - I e1 - x work to xcompwh effective erosion tontroi. - 25.5' , • W w- r to Property Aaarbed by construct/.actv..•y shell be seeded with a standard crass mix.shrubs. 'S'y0 N ` �•� _ - v c xw _ flowers. bancuat existing signs pavement makings mailboxes.etc shag De reestaoasnetl. N ,I- - Ir - - 1560 _ _ _ _ _ _ _ _ x k reinstated 01 feplaceo with kke lend and mabnal I _ # ,� z5.z' 62'OAK v{RY'ti� FIR I 19 EPectsoe damage canted 0 reedited. Drainage smite be controlled watt,the work site and stag be 'SW 95 AVE' ' e £+ 28.8` - 1 x - - - - x x I to routed that adpcent prate property.nude property and toe recamnq sysem is not adversely S A 1 r - _ _ v i kopaSto The city may at 'SW LEW I S LN' _ any tine Omer corned. Jinn and stoppage of won n a..Xsn LyLd eoecsve drainage outdo! 'STOP' Ili. '- _ X .X.- • X2RAIL�I.IT RAIL'S X it --)f -If=d\.411101501- 20 O' aw r roeovn the rules adopted the 0 ''''C' 3' I A l LINK FEN" - aby, 5'ROOD FENCE egos squires top by Oregon Lady Namcaan amt.Sad ivies EX I ST I NG PH - 1_, MA 1 •=• y H I GF1 ARBORVITAE HEDGE - - - - - - - - ... _ ... are sit forth in OAR 952-001-0010 through OAR:952-01:11.-0080 Capes d sad rules may be TOP EL 208.35 ; - - dawned from the Center by=Mg 503-246-1987 a yo-,neve any question about the rules,contact • �� CIO Center NOTE.Barrage to utilities snail be erected at the perm*honed expense CMS 1112072 CB ORATE 20285 'g co i EX HOUSE 21.Contractor must verity all existing ueliees for both vertical elevation and hotuAsal lorafnn prior n IE 2C 1.40 OUT �f 6r x D/w sad d work ioOtloIe before digging n rlecassaryT Shcun confide arise and redesign or rebcaeon IE 201.46 IN < of facilities be necessary,it shits be more at to perms holders expense. Changes not be 1 I by the a •cor D. e City xi advance CI k performance. Contractor stall coordinate the work with �/Y _-4 affected tatty agencies. .3 EX HOUSE 22 A temporary hand-surface patch)Cad mu A C or Hot Mix base paving)shalt be nixed on trenches EXISTING g s whin toadrays at tie end of each days add No trench.m ste or oeate,shall be l O at any t:me 60' R/W o F in an un-safe condemn The pen.hotden 0 resoomible for and is sable for hazards or damage J 11670 SW 95TH AVE resulting from me prosecuron of the wont "f TAX MAP IS-I-35DC 23.Won provided for under the pem^it steal include repair of existing bode.)roads ditches. 1 as t" TA 3400 rth may be necessary,n thee City inspectors damn,to overcome detancatmn or damage whit. occurred n conjorttbet wen the won art tic rSed by the oenM Conrecbve wale sha I be done at the ro IX BU pema holden expense 1 11680 SW 95TH AVE 24 Oct as-0ute myla drawing showing all new Dune[improvemane.:rduyng any radon made to the - / previously approves anwrugitn plans and.amp any improvement Meth may impact en coabeg 1�f- • TAX MAP T/L 3500-35DC public system c facility.shall be 000 toted n the C:ty by a registered one engineer along with an S-a 85.495 CB engineers certification of meditator como:aoce norm attached! ORATE 1911.05 IE 198.10 OUT 25 A sewer system air-lest and(VA S.)IV lest report and one set of duels.-As-guilts";d either no IE 197.10 IN loth dice Iron and sentry sewer systems)shall to fequred by IM City for-.ma and approval • penmen to connection of am battings*the sewer system 26 The pan.holden Engtneernnspeoton shall submr,daily Inspection reports.one weekly Paws.to)fie City's Inspector.(see Developer-Engineer Agreement Note a 5 I I FOOT CONTOUR INTERVALS OUTFALL le 195.63 OUT • 0 to 0 20 40 SIP COMMERC I AL ST SCALE 1'=20' Dace zd 3 I I CITY OF TIGARD CASEFILE NO MLP 2008-00007 REVISIONS DESIGN SCALE REFERENCE INFORMATION) ,0 PQ°44 RKW HMC Harris-McMonagle SW 95TH r4 VENUf PAT/T/ON I"=20' PHILIPPE AGNESSE .o yka1NE NAME PO BOX 2300.75 L: _° 'ID W S% Associates, Inca 11640 SW W 95TH AVENUE ENXCO TIGARD,OREGON 97281 1 Gc„• CHECKED 1968 ENGINEERING-SURVEYING-PLANNING SHEET 50381102831 87405WScofinsStreet Tigard,Oregon 97213 EXISTING CONDITIONS 2 vet JOH DATE Tel.(503)639-3453 Fax(503)639-1232 REV D6pLIPT151 AI+PR. DATE Eden A.E 30tA,2101) 6/27/06 GENERAL CONDITIONS aF 5 . GRADING NOTES: STREET TREES; 1. ALL AREAS OF CONSTRUCTOR SHALL BE STRIPPED. STRIPPING SHALL CONSIST OF REMOVING TREE NOTES: NE TOPSOIL ORGANICS. EXCESS/UNSUITABLE STRIPPING MATERIALS SHALL BE HAULED cASABA Rhamnus purshiana ' N Q MIN.2FE CONSTRUC710N OFFSITE TO AN APPROVED LOCATION. . -CALIPER BEOR 2. THE ROADWAY AND PRIVATE DRIVEWAY CUT AREAS ARE TO BE BLENDED TO NE ADJACENT QUANTITY:ONE(1)TREE 1.ALL TREES TO BE RETAINED SHALL HAVE S'OR B'HIGH 11 GA. NOTES: LANDS TO FORM A GENTLE SLOPE OF 4:1 OR FLATTER. AREAS IN EXCESS OF THIS OREGON OAK OuerprJS garryana CHAIN UNK FENCE ON 2-GALVANIZED IRON POSTS DRIVEN A • SLOPE SHALL BE HYDRO-SEEDED OR OTHERWISE PROTECTED FROM EROSION. MIN.2.0'CALIPER MIIMIMUM OF 2 FEET INTO THE GROUND AT NO MORE THAN 10 1. WHEN EROS/ON U US RAINFALL ANO RUNOFF OCCURS ONLY INSPECTIONS DF THE EROON MO SEGMENT CONTROLS MO DISCHARGE GUTT MT BE PROVIDED 3. THE ROOF AND FOOTING DRAIN UNES FOR ALL OF THE LOTS SHALL DISCHARGE INTO THE �erB'' QUANTITY:TWO(2)TREES FOOT SPACING,INSTALLED AS DIRECTED BY THE PROJECT ST OICNOwtmcE.ABLE O EXPERIENCED IN DM PRINUPI.ES,PRAC 1CIES,INSTALLATION,AND wuNrewwOE OF EROSloN MO SEDIMENT STORM MAINS OR THROUGH THE CURB WEEPHOLES. STORE ARBORIST. THE CONTRACTOR SHALL NOT DISTURB ME SOIL OR • 4. SPRINGS ENCOUNTERED SHALL BE PIPED TO DRAIN INTO THE UNDERGROUND PIPING SYSTEM. PLANT WITH WATERING BAG STORE MATERIALS BIN E THE ACTED IF AREAS. THE PROJECT • CONSTRuCTCR AC VC ES MUST AOm OR maim=EXCAVATION AND CREATION OE BARE GROUND EROS OCTOBER I TNROwN MAY 21 EACH.- ARBORIST SHALL BE CONTACTED IF TIE CONTRACTOR NEEDS TO THE GEOTECH SHALL DIRECT THE UMITS AND PLACEMENT OF PERFORATED PIPE, DRAIN ROCK, DUE TO DRIVEWAY PLACEMENT AND LOCATION OF UTILITIES WORK IN THE ROOT ZONE AREAS OF THE TREES TO REMAIN. • M HIG WET WEATHER PERIOD TEMPORARY STABILIZATION OF THE BITE MIDST OCCUR AT THE END OF EAG WORK DAY ETC. TREE LOCATORS MAY VARY FROM PLAN AS SHOWN FENCING SHALL HAVE ORANGE FLAGGING EVERY 4' EVERY ATTEMPT WILL BE MADE TO KEEP THE SAME NET 4, SEDIMENT CONTROLS MUST BE INSTALLED AND MNNTANED ON ALL DOWM GRAD ETFT SCES OF THE CONSTRUCTION SITE M N.L. NI TEES DING 5. THE HOME BUILDER SHALL FORM A SWALE ALONG EACH SIDE AND/OR REAR LOT UNES, AS NUMBER OF TREES SHOWN ON THIS PLAN. 2.THE TREES TO BE REMOVED SHALL BE CLEARLY MARKED WITH DONSTRUCTON THEY MUST RERAN IN PUCE UNTIL PERMANENT VEGETATION DR OTHER PERMANENT COVERING OF EXPOSED SOIL IS ESTABLSIEO . APPLICABLE, TO MANAGE THE DRAINAGE AFTER THE HOMES ARE CONSTRUCTED AND FINE CONSTRUCTION FLAGGING. GRADED - PER BUILDING CODE REQUIREMENTS. OWNER/DEVELPER TO GET FINAL APPROVAL FROM CITY • ALL ACT VE INLETS RUST PAVE SEDIMENT CONTROLS NSTALLEDAND M4 NTN NED AT ALL TIMES DURING CONSTRUCTION.MESS OTHERWISE PRIOR TO PURCHASE IF THERE ARE ANY CHANGES APPROVED,A SURFACE MOUNTED Af10 ATTACHABLE.USHAPEO FILTER BAD a RELTARED NOR NI CURS HABIT CATCH BANNS. 6. ALL DISTURBED LOT AREAS SHALL BE SHAPED TO DRAIN AND FINISHED WITH A SMOOTH DUE 70 TREE TYPE BEING UNAVAILABLE. 3.NE PROJECT ARBORIST SHALL BE ONSITE TO DISCUSS THE'11(----DRUM ROLLER TO PREVENT PONDING OF SURFACE WATER, METHODS OF TREE REMOVAL AND THE PROTECTION OF THE • SKEW CWT AMOUNTS OF SEEN RENT WHICH LEAVES THE SITE MUST BE CLEANED UP VEGAN M HOURS ARO RACED FLACK ON THE SITE MD STABILIZED TREES TO REMAIN BEFORE CONSTI2UCTION COMMENCES METHODS coMsc 9iLY-r.'s ED .47Re'>7EOFTIES EOM@RRHFJ3EMUSTSEFIXND AIe PR EVEMEDNKtlICALLNNG ARECLRRENCEOFIME 7. ALL FILLS ON LOTS TO BE COMPACTED TO 90%MINIMUM(DIRT/ROCK T-180)ALL ROADWAYS USED 70 PROTECT THE TREES TO REMAIN SHALL INCLUDE DRC-'M(E 'fl TIE SAAEbNDU0.R ANr NRTRFAYIIEAMWOF 9FDIMENT SHALL IE PREFOSED AOCOROING TO THE OREDw D®ARTYdi TO BE COMPACTED TO 95%MINIMUM (DIRT T-180 /ROCK T-99). WEDGES.ROPES. AND REMOVING TREES IN PIECES. OF STATE LANDS REMJ RED THE FRAME • EEa MEW GET NOT BE.TENT OWLLLV WASNED INTO TORY SEWERS,DMJNAGE WAYS.OA WATER BODIES li DURING CONSTRUCTION; • SEDMENT Jr M BE REMOVED FROM BEM ee ALL SEDIMENT CONTROL MEASURES WHEN'T NM REALIFD A IEIGNT OF 1MD'ME BARRER HE ENT, 4. THE CONTRACTOR SHALL NOT STORE MATERIALS OR EQUIPMENT AND PRIOR TO THE CONTROL MEASURES REMOVAL OUTSIDE NE ROOT ZONE OF THE TREES WHICH COULD CAUSE i HARM TO THE TREES SUCH AS LEAKY SCLVEN7 CONTAINERS, • CEAMNG OF Al I STRK.•ruRFS W,TH SUU"s LAN,.ocaR W+NM-HF 9ETARIFNT RETENTION CARAC TV HAS RrrN RTQIrfn Ay SOY AND AT CEMENT BAGS,DIESEL,LEAKY EQUIPMENT,ETC. WHICH MAY COMPLETION OF PROJECT 1551 SW GREENBURG RD CONTAMINATE THE SOIL AROUND THE TREES TO REMAIN. 10. ANY USE OF TALC OR OTHER HAZARDOUS INTERNS MUST INCLUDE PROPER STORAGE,APPLICATION,AND DISPOSAL I - I� TAX MAP I S-I-35DC 5 THE PROJECT ARBOPoST SHALL EVALUATE ANY FILL OR • 11. THE PERrTTEE MUSE PROPERLY MANAGE HAZARDOUS WASTES,u3AO DIE,cartN.IInATrD wx3.CONCRETE WwsrE.S T TwAeTE,LOUD I T/L 3001 EXCAVATION ACTIVITIES WITHIN NE DRIPUNES OF ANY TREES TO WASTE,OR ONER ro°Ic SUaTANCES ascovERE0 DN GENERATED ow NC OCNSTRUCTAN II I yI REMAIN. SPECIAL ROOT CUTTING AND/OR ROCK FILL AERATION ti MAPFLIGTON ANTE OF FERTILIZERS USED TO REESTABLISH VEGETATION MUST FOLLOW MANUFACTURERS RECOMMENDATIONS rI BLANKETS MAY BE REQUIRED. NN V e l e r r RELEASES FROM FERTILIZERS TOSURFACE WATERS MUST BE MNI MZEO.THE RR RARE FERTL:IIRS S/IOIAD BE USED Ale CARE SHOULD `I 11590 SW 95TH AVE INSTALL CHAIN-LINK SIWTrt N APPLICATION OF=ERTIL�RS MINN ANY WATER WAY RPB H E 'TI L TAX MAP IS-I-35DC TREE PROTECTION FENCE 6. THE PROJECT ARBORIST WILL GIVE A FINAL REPORT TO NE CITY OF DGARD ENGINEERING DEPT. AND TO NE OWNER AT NE END It TAMER OR DESIGRATEU PERSON SIIMU.BE RESPONSIBLE FUN PHO R IrmTALLATON ARO MNNTENANCE CF ALL EROS pI ND SEDIMENT CONTROL II' `�, TA 3200 (SEE NOTES) OF THE PROJECT WHICH 11111 DESCRIBE THE MEASURES WHICH MEASURES,IN ACODRDANCE VATH CURRENT CLEAN WATER SRRICUT TAKGVm6 AND STATE,AND FEDERAL REGULATIONS. 'I NEED TO TAKEN BY NE HOME-BUILDERS AND FUTURE HOMEOWNERS TO FURTHER MAINTAIN AND PROTECT THE 14. PRIOR TO MY LAND DIS•URNNO ACTIN TIES,THE BOUNDARIES Cr TIE CLEARING LIMPS.KGTATTD BUFFERS,ARO ANY SENSITIVE AREAS SOWN ON SDI I GIE PARR I NG AND 7HB PLAN 91W1 BE CLEANLY DELINEATED IN THE FIELD.UNLESS OTHERWISE APPROVED,NO DISTURBANCE S PERMITTED BEYOND THE STOMP ILE AREA REMAINING TREES. ARBORIST REPORTS MUST BE SUBMITTED ALL ELF-AR NG UM-i THE CNNERNERMTTEE war MNNTNN THE CCU NEAT ON FOR THE DURATION OF THE PROJECT f7 EX D/N (NO PARKING ON SW 9571)AVE) WEEKSAY THROUGH NE HOME BUILDING PHASE; EVERY TWO NOTE VEGETATED CORRIDORS TO BE DFLNEATEO WITH ORANGE CONSTRUCTION FENCE OR APPROVED EQUAL. _ 111. PRIOR TO ANY LANG DSTURNNG ACTIVITIES,THE BINS THAT 1AL67 BE NT H ED APE GRAVEL CONSTRUCTION ENTRANCE,PERIMETER SEDIMENT !I ' - _ CONTROL MG INLET PROTECTION'NM BLIPS MUST BE WVNTAINED FOR THE DURATION OF THE PROJECT. a. ' -:I 1 -_ . - _ - ` I1 A it IF VEGETATIVE SEED RAKES ARE SPF.CF'IED,SEEDING MIASTTAKE PLACE NO LATER THAN BEP-EMBER 1T,TM TYRE AND PERCENTAGES OE SEED M 1K MK ARE AS IDENTIFIED ON THE PLANS OR AS 9PECi ED BY THE DESIGN ERGNFER a \ ■ _ _ I •3 \, /T. WATERTIGHT TRICIGI MUST BE LIKED TO TRANSIORT SATURATED SOILS FROM THE CONSTRUCTION STE AN APPROVED EQUIVALENT S TO DRAIN 1�' f F• • N•\ '- - THE SOIL ON SITE AT A DESIGNATED LOCATION USING APPRCPRATE SAPS,SOIL MET BE DRARED BUFF1OSNRV FOR MINNAL SPILLAGE. ..-- 3O 3(e 111 I-•EK 4 v D/M-U`'\A FETA•POST ` 1• ALL RIVING OF 9FOMENT LADEN WATER MUST HE DISCHARGED OVER AN INGSTKRSEO.P EFERABLY VFOE TATFD AREA Ale THROUGH A SEDI ENT • 1!! 4 ;r V I 12 A CDMIR0.BAP(I E.F LEER BKFI.JLI S ■ ___ MEASURES __ _ '1 _ - - \ �, ` A M REEEND ENTHI.A S4JW WATER SYSTEM,ROADWAY,SHORN OTHER PROPERTIES INSTALLED PROPERLY TD ENSURE THAT SEDIMENT LADEN WATER• 1558 / z 1 I KEYSTOFE a ,ME ESC LEASSRFR SHOWN ON THIS Pd ARE HE W SINAI RFGIIIRFAEN S FOR ANTICIPATED 9 TF CONDITIONS.CLANG THE CONSTRUCTION > • 111 II'' 'Sys _ _ _P A l'.I PARCEL L FERm,TIESE LEASuRES NULL RE UPGRADED AS NEEDED TO%ABRAM Q MPLANCE WITH NL RECREATIONS • < r� _ ` EXISTING NJ - 21. WRITER ERC LOGS ARE SUGGESTED TO BE MN WANED ONaSTE RADA NLA&E TO DISTRICT INSPECTORS UPON REQUEST Fl RFMA I 1 a N ARES SUBCT TO WHO EROSION,APPROPRIATE BLIPS MILT SE WED WHK:H MAY IUCJAIE THE APPLICATIOR OF FINE WATER SPIATNG,R.ASTIC CN� _ - - IMetTMG MM'MIN0.0R OWER APPMCVF1)MkASUNEB LN4 A g ALL EXPOSED SOILS MUST SE COVERED DURING WET wEATNER PERIOD l() CONSTRICT ASPHALT DRIVEWAY APPROACH INSTALL SHED ,n. - ' - cm PER COT$7C(EVIL 148 (REVISE.) TREE PROTECTION FID 15' RADIUS(THIS PERMIT-W1 EN-R/W) _ _ FENCING _ - —� , W INSTALL UK YGWAT UULVLKI S=P - - - - - - - - SEDIMENT FENCE Ilk - �.y�,.A - - I'' `✓ .. '1560 .: ap,"-AF61 CONSTRUCT ISO IF OF ............^ (SEE ESC DETAILS ON SHEET CA) • ��w r IPA 1roWIDE NI.°PITY STANDARD EROSION CONTROL NOTES �I iii/,��/ � . T —= ��� FOR SITES LESS THAN 1 ACRE CleanWa6er\�`Services �- " - 1 °` - -- SEDIMENT FENCE W - - - - - - - - - - V RAWING NO 946 REISED 12-U6 Our commitment M cloy. 16 ESC CONSTRUCTION ENTRANCE CATS/655 INSTALL 6 5 I Al�I LET PR CTION SEDIMENT FENCE • �I rn N ALONG SOUTH PA EX DAV SCREENING IS REQUIRED ALONG ME SOUTH PROPERTY LINE _ ,y — — — - — I DUE TO THE PROPOSED DRIVEWAY LOCATION BEING WITHIN 10 FEET OF THE ADJACENT PROPERTY LINE ALONG PROP TY LINE INN CEDAR CCCORDANCE WIN SECTION I INSTALL 8'HIGH 18.745.050. (REMOVE EXISTING CHAIN LINK FENCE) TREE INDEX: 11670 SW 95TH AVE TREES COMMON NAME SPECIES DIN IIONIPICANT•CONDITION EXEMPT? I TAX MAP I S-I-35DC 1658 Ompon WNM Oak OOWW.gamma• 29 r Good N . I T/L 3400 1569 Oregon WNW OM Ouernue gNMRS 41 V Good N 1580 Oregon WIMIB OSK OlmerlRR pR.GIRR 40 Y Good N 5'Plr B 15'W I OE FUO W •1581 Douglas Fr PrAMFdrKNrpN rtNnZJeep 28 Y Goon N 11680 SW 95TH AVE — WATERLINE z TAX MAP I 5-I-J5DC FASEAID T (PMd:1 4) - 1562 Deodar Cedar Carina deodre 12 Y Fair N i TA 3500 F Douglas "a 10'DRIVEWAY m 2'5' 1583 Doo Fir PsWUdotA menziosi+ 27 Y Good N W •Denotes tree to be removed 1 H'' 1 NOTE: INSTALL INLET PROTECTION — 57 ARBORIST TO BE PRESENT FOR ALL EXCAVATION OR FILL ADJACENT TO TREES#1559 S 1580. • CWS DEL.#915 J I .1 -4 N\-- I I ESC LEGEND; � ) —RPz—ROOT PROTECTION ZONE- CHAIN UNK FENCE CONSTRUCT '1 A I —X— SEDIMENT FENCE- CWS DTL /875 7YP I CAL DR I VFWAY SECTION, 2,ASPHALT �.T4 ! 2' CLASS 'C' A/C BERM IN INLET PROTECTOR -CWS/915 OR #'920 2° 3/4"(-) LEVELING ROCK may,,` AMOR 1ST SISHARPE 8° I-I/2"(-) BASE ROCK c le A 0 20 40 - D/W FLOW DIRECTION ARROW TV�UdDb'+T�✓. SCALE: 1'-20' L..N.N_Arraso,ilk, • I• NOTE: SITE AREA 0.49 ACRES(NO DEQ 1200C PERMIT REQUIRED) CITY OF TIGARD CASEFILE NO MLP 2008-00007 REVISIONS DES I Kim SOLE REFERENCE INFORMATION: F"Q"fy HMC Harris-McMonagle gW 95TH A VENL PARTITION AS SHOWN RaA�WGINFF80 HMC 1 PHILIPPE AGNESSE L', ° : DRAFTED 11640 SW 95TH AVENUE DRAWING NNE PO BOX 230635 TCM Since Associates, Inc. GRADING _ TIGARD,OREGON97281 1 CHECKED 1968 ENGINEERING-.A/RVEYING-PLA1NNl/41C' SHEET 503 860 2631 A,'4Y 11.101'..b JOH 8740 SW ScolFins Street Tigard,Oregon 97113 GRADING and ESC 3 •a x�� DATE Tel.(503)639-3453 Fax(503)639-1131 TREE PRESERVATION PLAN DF 5 REV. DESCRIPTION APPR. GATE COMES JUNE TOM,2002 10/15/08 OWATER SERVICE TO BE INSTALLED BY T.W.D.AFTER WATER METER HAS MIN PURCHASED I•COPPER SERVICE W/METER BOX PER T.W.D.DTL 520 OINSTALL SAN LAT 30.0 LF 4•PVC 50.0200 IE 193.39(8•) IE 193.55(4•) IE 194.15 END(4') CONNECT DTI 540 SAWCUT PER CWS DTL 500 CD I SIDESWR PER CWS DTL 520 B ACNEILL PER CWS DTI 590 ICONNECTION PERMIT REOU I RED FROM CW5 I NSTA rn LAT 15.0 LF 4'D I 50.0200 I IE 201.95 L (4•)- IE 202.25 END(4) CONNECT TO 08(COKE DRILLED) i I SIDESWR PER CWS 3IL 520 B ACKFIL PER CWS'l.590 ADJUST CB GRATE AS NECESSARY CONNECTION PERMI'REWIRED FROM 09$ MST 190 RESIDENCE STORM OUTTAL. R ® SANITARY SEWER LATERAL AND WATER 4 d METER TO BE UT IL12ED FOR PARCEL I. W C, SECONDARY POWER I N S CABLE AND TELEPHONE 5 FRANCH ISE UTILITIES BE i. F<., O IRDERGR0UN0ED TO PARCEL 2. U = INSTALL CONDUIT IN PARCEL 3 I I © UTMTIq FO�FR TO USE II 11590 SW 95TH AVE COORDINAT WITH OTHER < 6 6i TAX MAP IS-I-350C CWS I GB L I In TA 3200 O 7 INSTA 1-I/2'5011 40 PVC GRATE 205.82 WATFAL L IRE IE 204/39 OUT PLUMBING PERMIT REWIRED IE 2 .89 IN # FOR WATER SERV IE° Hldl (NO CO.' ORTH) `` THE METER TO THE BUILDING L�U EX D/W SITE;BY BUILDER. 3 ` -- ..`; ,-•- � ._GAS METER .. 313' 30' V 1--EX A/C Dr".; •• • METAL POST Ca,LA.I L NA 130 S'_ iw-.•GARAGE D Hn Z ui WTI) WOCOI KEYSTONE CWS 59307 SSMH / \ RIM.91 CL >111 f I PA , . I QED PARCEL 2 • I E NO CL NO STEPS EXISTING NOISE (TO REAR J) SAN S =p.- InU .n M r SW LEWIS LN I _ ® Q SHED I 0 W W • 5,•Q` CR AT 5'PUE Y (/J 3'11` , STREET SIGN LOOM 'SW 95TH AVE' 'SW LEWIS LN' RIM_ 'STOP' C Z ,• -i • _ • EXISTING FH •'AILBO TOP EL 206.35 3 U CWS 1 • CB b WT Pj CRA 20285 (Ej 0 IE .1.40 6 6 N EX D I IE 01.45 IN ` i) : 4 o i 11670 SW 95TH AVE li _ _ J Ai TAX MAP IS-I-35DC o'^ TA 3400 N w Co 1 11680 SW 95TH AVE TAX MAP IS-I-35C' CR5 95495 I T/L 3500 ill'I' CO IE 1 OUT I N IE 197.10 IN I ORFAL %•H 111111111111111111111111IIIIIIIIIIIIIIII IE 1-- OUT I. I 0 20 40 SCALE: 1'=20' CITY OF TIGARD CASEFILE NO MLP 2008-00007 REV ISIO/S - REFERENCE INFORMATION: E�, DESIGN HMC Harris-McMona le c�W 95TH A VfNUf PARTITION SCALE 1� P�9 HMC � AS SHOWN PHILIPPE AGNESSE 9 "� ggRgE`" DRAWING NAME • �\ 97 . r ORS Since 11640 SW 95TH AVENUE UTILITIES PO 30X 136635 `` //,,��5 TOM Associates, Inc TIGARD.OREGON 97281 1 V OR 4•. CHEMED 1968 ENGINEERING-SURVEYING-PLANNING SHEET 5038602631 JDH UTILITIES IMPROVEMENTS 4 ,mod o.N�\ DATE, 8740 SW Sco(fns Street Tigard,Oregon 97223 • Tel.(503)639-3453 Fax(503)639-1232 STORM, SANITARY AND WATER R OF 5 EXPIRES JUNE 30HI.2000 10�1 506 REV. DESCRIPTION APP DATE ii PLAN • _ SMUT CENTERLINE =fly \ I T-0' I Q' —.• • CLASS "A" CLASS "A" r LOT TO OE P.AL •, -B _ e IA.oMg.N.m.L Iiiii—I'M 'I';\ f wawa 710077 7 err R.25• �_ - W.tY w APE DIE x.1 S.7. WO..'w 1 j Z D,S•Etl aES YGA9 EK¢SM NAIt'.E 1A1FRAa S.YWA Ears.AC A ARIA Aug?7771 / i CULVERT(ID'WM c:M) TyAnM TO Ml� —/ y�E\' \Y'M�".Y ww4Mrly! MIAMI ' •�'OA ] �•� .�11�1m1I N:I ■ ���. 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CONSTRUCTION ENTRANCE SADDLE SEDIMENT FENCE aeanWater Services GeanWate Services TYPE 4 CleanWate Services TYPE 5 QeanWakr Services INDEXED PVC GASKETED ORAWNO NO.075 moo=,A nM 0«S enq ass RSVM.ED 12-00 CRAMIMG MO 915 R415E012 VDf DRAWING NO. A 012-0 • ��°�i 4 SADDLE C7eartwateServices :RAWING N0. ND IcsOCD 12-00 HN.....n..•ul./IN, CITY OF TIGARD CASEFILE NO MLP 2008-00007 REVISIONS DESIGN SCALE REFERENCE INrORMATION: HMC HMC Harris-McMonagle SW 95TH A VfNIIL P74RT/T/ON AS SHOWN PHILIPPE AGNESSE DRAFTED 11640 SW 95TH AVENUE DRAWING NAME __ PO BOX 230635 TCM Since Associates, Inc. DETAILS •• TIGARD,OREGON 97281 CHECKED 1968 ENGINEERING-SURVEYING-PLANNING SKEET 503 860 2631 JON STANDARD DETAILS 5 8740 SW ScoA'nas Street Tigard,Oregon 97223 DATE Tel.(503)639-3453 Fax(503)639-1232 FOR CONSTRUCTION DE 5 10/15/08 REV. DESC2IPT ION AMYL DATE _ City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga; JR 97223 • April 16, 2010 T I GARD Philippe Agnesse P.O. Box 230635 Tigard, OR 97281 RE: Land Use Approval - Extension Request for the Agnesse Minor Land Partition, MLP2008-00007 Dear Mr. Agnesse: In your letter of April 9, 2010, you request a one-year extension of the approval for a minor land partition (MLP2008-00007) for the property located at 11640 SW 95th Avenue on Washington County Tax Assessor's Map 1S135DC,Tax Lot 03300 and paid the required $266 application fee. The effective approval date for MLP2008-00007 was on October 14, 2008 and is valid for an eighteen month period through April 14, 2010. The requested extension would be for one year, or until April 14, 2011. Pursuant to Tigard Development Code (11)C), Section 18.420.030.D: The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided that: 1. No Changes are made on the original site development review plan as approved by the Director, The applicant states that the "plans submitted and prepared by Harris-McMonagle have not been changed as approved." Therefore,the request is consistent with this criterion. 2. The applicant can show intent of initiating construction on the site within the one year extension period; and The applicant states "We intend to record the final lot partition within one year of this extension." Recording the final plat would involve meeting all conditions of approval prior to issuance of building permits, including applying for a PFI permit and some public facilities improvements, consistent with this standard. 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. The Applicant states ", there are no changes to my knowledge to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based." To determine consistency with this criterion, the standards addressed in the findings for the approval must be compared to any changes in the applicable provisions adopted by the City since the July 15, 2008 application date for MLP2008-00007. The Tigard Development Code implements Agnesse Minor Land Partition (MLP2008-00007) - Land Use Extension Request Page 1 of 2 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 the City's Comprehensive Plan. No Comprehensive Plan goals are directly applicable to the decision. The approval was based on the following chapters of the TDC: 18.360 Site Development Review 18.370 Variances and Adjustments 18.390 Impact Study 18.420 Land Partitions 18.510 Residential Zoning Districts 18.705 Access Egress and Circulation 18.715 Density Computations 18.725 Environmental Performance Standards 18.730 Exceptions To Development Standards 18.745 Landscaping and Screening 18.765 Off-Street Parking and Loading Requirements 18.790 Tree Removal 18.795 Visual Clearance 18.810 Street and Utility Improvement Standards Staff reviewed the period since July 15,2008 and found that there were no substantive amendments to the applicable code sections during that period. Based on this review, staff concurs with the applicant and finds that no applicable changes have occurred to the Tigard Development Code on which the approval was based. Therefore, the request is consistent with this criterion. Conclusion The Applicant has submitted a written request and paid the application fee. The criteria for extensions have been met as indicated in the findings, above. Therefore, the Applicant is granted an extension for MLP2008-00007 not to exceed one year,or until April 14, 2011. CPril April 16,2010 Gary Pagenstecher Date Associate Planner Agnesse Minor Land Partition (MLP2008-00007) -Land Use Extension Request Page 2 of 2 April 16,2010 . 4. 141/o ► Ml �7 r >, MAP -67)r--0-6m1 RECEIVED ����s�� APR 0 9 2010 CITIf�Y' OF TIGARD PM-Pi s 51/m M trap + n� e } A� c own-gnANNG/ENGINEERI NG 56144 egMaP ,5 PPRbV . or - KS oz-rtosrot M P S t tomA) fuN D AN GCS 07\s [mom -OW forbiew .Az4.4-5-5c r:// t 770 19 r7 scr ro �XP< 4/14 0c . /� • CITY OF 13125 1''G C j,�;;tn» 503 sa 4;aig,vq T�g�R OR 91223 CASE NO \`� Receipt RCE/P r M�P2pOB-ODO OT PEE DESCR/P Pt NUmbQr' �� •T rioN 50i Approval Extension - 04/09/2010 Approval Ee�sion.L RP REVENUE' C Cheo�ENrMErHOD 1003100-43116 OUNT NUMBER CHI 10 0-43 PaYor CIS� 031p NW Residential inc./4 Philip CCgUrH CODE AC 11T r $232`0 0 ppe ACC?/0 ota/: 0 Agnesse \ 34 00 KP SHIER/D a?66 00 EERMAN RECE/pT DATE 04109/2010 RECEIPT A/NT rota/PaYlne pts: $266.00 Ba lance Due: $266.00 00 $0.00 Page 1 of 1 City of Tigard, Oregon 13125 SW Hall Blvd. Tig. , OR 97223 N T I GARD June 28,2010 Mr. Phillipe Agnesse P.O. Box 230635 Tigard, OR 97281 RE: Subdivision case number: MLP2008-00007 Mr.Agnesse: On April 27, 2010 the Tigard City Council passed an ordinance to amend the Tigard Community Development Code (1'DC) chapters 18.360 Site Development Review, 18.420 Land Partitions, and 18.430 Subdivisions. The approved amendments were in response to the economic downturn. Automatic extensions were granted to these three types of land use cases that would expire during a certain time frame. Our records indicate that you received approval for a Minor Land Partition (MLP) that may have been affected by this code amendment (see case number above). If your approved MLP has a lapsing date between July 1, 2008 and December 31, 2011, then the approval is automatically extended through December 31, 2012. The new approval period will lapse after this date if: 1) the partition has not been recorded or has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; or 2) the final recording is a departure from the approved plan. No action is required on your part for the extension because it is automatic. A copy of this letter will be placed in the land use file. A copy of the ordinance with adopted language for Land Partitions is enclosed. If you have any questions or concerns regarding the extension or code amendment,please contact me at (503) 718-2437 or cherylc @tigard-or.gov. Sincerely, Cheryl Caines Associate Planner Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 = 1 TIGARD City of Tigard Thursday, October 18, 2012 Philippe Agnesse P.O. Box 230635 Tigard, OR 97281 RE: NOTICE OF EXPIRATION OF LAND USE APPROVAL. Project Type: Minor Land Partition Project Name: Agnesse Partition Project Number: MLP2008-00007 Tax Lot Number: 1S135DC-03300 Expiration Date: December 31, 2012 Dear Mr. Agnesse: The purpose of this letter is to serve as a courtesy reminder that the Land Use Approval listed above will expire at close of business, Monday, December 31, 2012. In recognition of the effects of the economic downturn, the Tigard City Council passed Development Code Amendment (DCA) 2010-00001 on April 27, 2010 to extend until December 31, 2012 the Land Use Approvals for Site Development Reviews and Minor Land Partitions that otherwise would have expired between July 1, 2008 and December 31, 2011. This is incorporated in Tigard Municipal Code 18.420.030.D.2 which states that: "Approval periods for land partitions lapsing between July 1, 2008 and December 31, 2011 shall be automatically extended through December 31, 2012. No further extensions will be granted." According to our records,your original approval for the above project would have expired during that July 1, 2008—December 31, 2011 period and that approval was, therefore, extended by DCA2010-00001 until December 31, 2012. No further extension is available. You can secure your Land Use Approval against expiration if you submit a recorded final plat to this office prior to close of business, Monday, December 31, 2012. Please let us know if you anticipate submitting a recorded plat. Sincere , Al ert Shields Program Development Specialist 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov