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MLP2006-00005
MLP2006 -00005 TINDALL PARTITION NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2006-00005 TINDALL PARTITION TIGARp 120 DAYS =9/15/2007 SECTION I. APPLICATION SUMMARY FILE NAME: TINDALL PARTITION CASE NOS: Minor Land Partition(MLP) MLP2006-00005 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. APPLICANT: Caffall Construction APPLICANT'S W.B.Wells &Associates,Inc. Attn:Karen Tindall REP: Attn: Mark Person 8555 SW Sagert Street 4230 NE Fremont Street Tualatin,OR 97062 Portland,OR 97213 OWNER: Sharon and Richard Ullrich 13500 SW 121'Avenue 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: 13500 SW 121st Avenue;Washington County Tax Map 2S103CD Tax Lot 4500. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795,and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above Minor Land Partition request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 1 OF 18 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall repare a cover letter and submit it, along with an 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, the applicant must record and provide a copy to the City of a reciprocal easement ensuring access and maintenance rights for the common dnve for Parcels#2 and#3. 2. Prior to final plat, the applicant shall submit to the City a letter from Tualatin Valley Fire & Rescue demonstrating that the any,TVF&R requirements for the proposed development have been met. 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: 3. A Public Facility Improvement FI) permit is required for this project to cover connections to public utilities 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 (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). 4. The PH 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. 5. 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. 6. The Ci Engineer may determine the necessity for,and require submittal and approval of,a construction access and parr plan for the home building phase. If the QtyEngineer deems such a plan necessary,the applicant shall-prove e the plan prior to issuance of building permits. 7. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). 8. The applicant shall pay the fee-in-lieu of half-street improvements or submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicates that they will construct ahalf-street improvement along the frontage of 121 Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a Collector street from curb to centerline equal to 23 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; G concrete curb,or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6 foot concrete sidewalk with a 5 foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H streetlight layout by applicant's engineer,to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); NOTICE OF DECISION MI22006-00005/TINDALL PARTITION PAGE 2 OF 18 K. driveway apron(if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW 1215L Avenue in a safe manner, as approved by the Engineering Department. 9. The applicant's plans shall be revised, if the fee-in-lieu is elected, to show the construction of an on-site turnaround for the existing driveway to eliminate vehicles backing onto 121St Avenue. The revised plans shall be submitted with the PFIermit application. 10. Lots 2 &3 shall not be permitted to access directly onto 121st Avenue. The applicant shall cause a statement to be placed on the final plat that prohibits access onto 121st Avenue from lots 2 &3. 11. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common dnveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 12. 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). C The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) Washington County,and by the City of Tigard. D. The right-of-way dedication or 1215L Avenue, providing 35 feet from centerline, shall be made on the final prat. E. NOTE: Washn�on County will not begin their review of the final plat until they receive notice from the Engineering -Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and-County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 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 issuance of building permits,the applicant shall: A. Submit site plan drawings showing the accurate location of the trees that were preserved,the location of tree protection fencing, and the location of mitigation trees, if any. Attach copy of the approved Tree Protection Plan. B. Submit a statement and signature of approval from a certified arborist regarding the siting and construction techniques to be employed in building the houses with respect to any protected trees on site. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 3 OF 18 C. Install required tree protection fencing as specified by the project arborist and call for an inspection by the City Arborist. 16. Prior to issuance of building permits,for dwellings greater than 1-1/2 stories or 25 feet in height,the applicant shall demonstrate that windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless theJproposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. 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 -EPARTMENT , ATTN: TIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 17. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 18. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public rovements as follows: 1) 3 mil mylar 2) a diskette of the as-builts in`DWG" format,if available;otherwise " " will be acceptable,and 3) the as-built drawings shall be tied to the City's GPS network The applicant's engineer shall provide the City with an electronic 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). 19. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 20. The fee-in-lieu of half-street improvements must be paid prior to issuance of building permits. The amount to be paid is$22,500.00. 21. The applicant shall either place the existing overhead utility lines along SW 121'Avenue underground as a part of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be $3,150.00 and it shall be paid prior to issuance of building permits. 22. Prior to issuance of the building permit for Parcels 2 &3,the applicant shall pay the standard water quality and water quantity fees per lot(fee amounts will be the latest approved by CWS). 23. Prior to issuance of building permits the applicant shall pay the Sewer Reimbursement fee of$5,304.20. 24. Prior to issuance of building permits the existing home must be connected to the public sewer and the septic system decommissioned according to current regulations. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL INSPECTION: e app cants I repare a cover etter an. submit it, a on gg wi any supporting •ocuments an, or p ans 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: 25. Prior to final inspection, the applicant shall provide screening of the proposed access along the eastern boundary of proposed Parcel#3 in accordance with Sections 18.745.04 26. Prior to final inspection,the applicant shall plant street trees pursuant to TDC Section 18.745.040.0 27. Prior to final inspection,the applicant shall record a deed restriction to the effect that any existing tree greater than 12 inches 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. NOTICE OF DECISION MLP2006 00005/1INDALL PARTITION PAGE 4 OF 18 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. SE CT ION III. BACKGROUND INFORMATION Property History. The subject property was developed in 1955 with a single-family dwelling,which is proposed to be retained on Lot 1. Site Information and Proposal Descriptions The subject .89-acre (38-,741 square feet) site slopes gently from a 298-foot elevation on the west to a 292-foot elevation on the east. The site is bordered by SW 121st on the west,Whistler's Walk No. 2 subdivision on the south, the Woodcrest subdivision on the north, and a single-family dwelling on the east.Vegetation on the site includes lawn, shrubs,and approximately 23 trees, 10 of which are greater than 12 inches in diameter and in healthy condition. The applicant requests approval to partition the subject .89-acre lot into three (3) parcels for detached single-family residences. The size of the proposed lots is 10,274 square feet, 12,480 square feet,and 14,634 square feet.The existing home will remain on the proposed 12,480-square foot frontage lot on SW 121`Avenue. Proposed lots 2 and 3 will share a common driveway accessed from SW Piper Terrace, a private street connected to SW 121St Avenue by SW Whistler's Loop. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing. them an opportunity to comment. The City received one wntten comment from Steven Nguyn who lives south of the subject property and adjacent to SW Piper Terrace.He questioned how close the proposed properties would be to his home,what street will access the proposed lots, whether the partition would affect his property line, and how the trees near his property would be affected. RESPONSE: Mr. Nguyn's property is located south of and adjacent to proposed lot 3. Lot 1 would be accessed from SW 1215t Avenue; Lot 2 and 3 would be accessed by the exis m SW Piper Terrace,located along Mr. Nguyn's eastern property line. The proposed land partition would not change ge Mr. Nguyn's property line, which was established by the plat for Whistler's Walk No. 2. According the applicant's Tree Plan (Sheet 4 of 4),the 21- inch Spruce tree located adjacent to Mr.Nguyn's property is scheduled to be retained. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 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 availaple to serve the proposal. Therefore,this criterion is met. All proposed improvements meet City and applicable agency standards;and NOTICE OF DECISION MLP2006-00005/TINDALL PARTTTION PAGE 5 OF 18 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-applicable agency standards are met. Based on the analysis in this decision,Staff finds that this criterion is met. 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 average minimum lot width required for the R-4.5 zoning district is 50 feet. The average width for Parcel#1 is 87 feet,parcel#2 is 83 feet,and Lot#3 is 67 feet. 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 lots that range between 10,274 and 14,634 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 Preliminary Plat illustrates that the proposed parcels meet this standard as Parcel # 1 has 91 feet of frontage on SW 121` Avenue; Parcels #2 and #3 share a 15-foot access easement off of SW Pier Terrace, a private street created with the Whistler's Walk No. 2 subdivision for the benefit of access to Tract B City of Tigard water quality facility) and the subject property(under Deed Document 98069648). Setbacks shall be as required by the applicable zoning district. The setbacks for the R-4.5 zoning district are as follows: front = 20 feet;side = 5 feet; side on a corner = 15 feet; and rear =15 feet. The existing house on Parcel# 1 is roposed to remain. According to the applicant's Preliminary Plat (Sheet 1 of 4) the setbacks for the existing house on-Parcel# 1 and the proposed building envelopes on Lots#2 and#3 meet these criteria. As indicated in Table 18.510 below, setback standards for proposed Parcels #2 and #3 will be reviewed at the time of building permit submittal and the proposed building envelope shows these standards can be met,consistent with this standard. 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. Proposed Parcels #2 and #3 are flag lots. As shown in the Preliminary Plat (Sheet 1 of4) the building envelopes show 10-foot side yard setbacks,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 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed joint access includes an access easement over Parcel#3 for the benefit of Parcel#2. This 15-foot by 56- foot easement is located adjacent Tax Lot 4401.Therefore,the applicant shall provide screening of the proposed access along the eastern boundary of proposed Parcel#3 in accordance with Sections 18.745.040. The fire district may require the installation of a fire hydrant where the length of an acces sway would have a detrimental effect on fire-fighting capabilities. One fire hydrant exists within 200 feet of proposed Parcel # 1 on SW 121' Avenue, and approximately 500 feet proposed Parcels #2 and #3 via SW Whistlers Loop. Tualatin Valley Fire and Rescue was notified but has not commented on the subject proposal. Prior to final_plat, the applicant shall submit to the City a letter from Tualatin Valley Fire&Rescue demonstrating that the anyTVF&R requirements for the proposed development have been met. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 6 OF 18 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. A common driveway is proposed to serve both Parcels #2 and#3.Therefore,the applicant must record and provide a copy to the City of a reciprocal easement for the common drive ensuring access and maintenance rights. Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Circulation. As addressed later in this decision under Chapter 18.705 (Access,Egress and Circulation),the proposed access does not meet the applicable standards but can meet them with applicable conditions of approval. 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 property is located approximately 4,000 feet southwest of the one-hundred-year floodplain located in the vicinity of SW 114 Terrace and SW Walnut Street. The flood elevation closest to the parcel is 161 feet; the parcel elevation is 292 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 application does not include any variances requested from the standards in the land partition chapter. Therefore, this standard does not apply. FINDINGS: The proposed minor land partition meets, or can meet all of the applicable standards of the land partition section as indicated in the above findings and following sections of this decision, provided the following conditions of approval are met CONDITIONS: Prior to final plat, the applicant must record and provide a copy to the City of a reciprocal easement for the common drive ensuring access and maintenance rights. Prior to final plat, the applicant shall submit to the City a letter from Tualatin Valley Fire & Rescue demonstrating that the any TVF&R requirements for the proposed development have been met. Prior to final inspection, the applicant shall provide screening of the proposed access along the eastern boundary of proposed Parcel#3 in accordance with Sections 18.745.040. NOTICE OF DECISION MLP2006-00005/TI DALL PARTrIION PAGE 7 OF 18 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 Parcel 3 Minimum Lot Size -Detached unit 7,500 sq.ft. 12,480 sq.ft. 14,634 sq.ft. 10,274 sq.ft. -Duplexes 10,000 sq.ft. -Attached unit Average Minimum Lot Width -Detached unit lots 50 ft. 87 ft. 83 fc. 67 ft. -Duplex lots 90 ft. -Attached unit lots Maximum Lot Coverage - NA NA NA Minimum Setbacks -Front yard 20 ft. 50 ft. 20 20 -Side facing street on corner&through lots 15 ft. NA NA NA -Side yard 5 ft. 15/11 ft. 10/10 10/10 -Rear yard 15 ft. 30 ft. 15 15 -Side or rear yard abutting more restrictive zoning district -- NA NA NA -Distance between property line and front of garage 20 ft. NA >20 ft. >20 ft. - Side Yard Setbacks for Flag Lots [TDC 10 ft. NA 10 10 18.420.050(A)(4)(e)] Maximum Height 30 ft.[1] existing <or=30 ft. <or=30 ft. Minimum Landscape Requirement - NA NA NA [1]Parcels#2 and#3 are flag lots and may be subject to height limits depending on location and height of adjacent development. FINDING: No specific development is proposed for Parcels #2 and #3. However, the proposed building envelopes shown on the Preliminary Plant (Sheet 1 of 4) demonstrate that the applicable setbacks can be met. As demonstrated in the above table, the development standards of the R-4.5 zone can be met. 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 provisions and maintenance of access and egress stipulated in this title are continuing requirements of 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. A preliminary sight distance certification was submitted by W.B. Wells &Associates, Inc., dated April 16, 2007. The sight distance was measured for the access onto 121st Avenue,which is classified as a Collector on the City's TSP. The speed limit along 121st Avenue is 35 mph, requiring 350 feet of sight distance in both directions. The engineer states that the sight distance was measured to be 54G feet to the northeast of the access and 675 feet to the southwest of the access,thereby meeting the sight distance requirement. 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 be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. NOTICE.OF DECISION MLP200600005/TINDALL PARTITION PAGE 8 OF 18 This property is located on 121st Avenue where Quail Creek Lane intersects it from the west. The throat of the existing driveway overlaps with the right-of-way line of Quail Creek Lane. There are no opportunities to move it any further away from the intersection. Another option is to move the driveway such that the centerline of the driveway aligns with the centerline of Quail Creek Lane. This would move the driveway 30 feet south west and would not provide significant or even measurable safety improvements at this time. In order to provide safety improvements the applicant will be required to provide an on-site turnaround, per 18.705.030.G.2, as discussed in the next section of this report. A capital improvement project by the City of Tigard will include the reconstruction of the driveway. The driveway will be relocated at that time. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The applicant has proposed to move the existing driveway to align with Quail Creek Lane. This alignment does not require an adjustment to the spacing standard. Staff, however, has determined that the driveway should remain in its current location until frontage improvements are done by the applicant, the City's CIP Division or another party. In order to leave the driveway in its current location, 18.705.030.G.2 requires mitigation for any safety or neighborhood traffic management impacts deemed applicable by the City Engineer. In this case an on-site vehicle turnaround will be required toeliminate the need for a vehicle to back out onto the roadway. The applicant's plans shall be revised to provide the on-site turnaround and submitted with the PH Permit application for review and approval. Lots 2 &3 will not be allowed to have access to 121st Avenue. The applicant shall cause a statement to be placed on the final plat that prohibits access onto 121st Avenue from lots 2 &3. 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, 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. A common driveway is proposed to serve both parcels#2 and#3.The applicant has been required through a condition of approval earlier in this decision to record a reciprocal easement for the common drive ensuring access and maintenance rights and provide a copy to the City,consistent with this standard. 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. The proposed driveways will connect directly with SW 1215` Avenue and SW Piper Terrace and be maintained at the required standards on a continuous basis as conditioned in the joint access agreement,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. The proposed parcels will have access to SW 121' Avenue and SW Piper Terrace. Comments received from Tualatin Valley Fire and-Rescue state that there are no conflicts with these proposed accesses.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 distance between SW Whistler's Loop and parcel #2 is approximately 180 feet. SW Piper Terrace provides a hammerhead turnaround at approximately 110 feet that meets the applicable standards for width and depth.Cross slope is approximately 10 percent,which does not meet the standard.However Tualatin Valley Fire &Rescue in their July 2, 2007 comment letter, did not address this as an issue of concern for the subject partition proposal. Therefore, this standard is met. NOTICE OF DEQSION MLP2006-00005/TINDALL PARTITION PAGE 9 OF 18 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. Tualatin Valley Fire &Rescue comments did not address the proposed driveway access to Lot# 1 or flag access to Lot #2 and otherwise endorsed the proposal. In addition, sight distance and visual clearance areas will be required at the proposed access location on SW-121't Avenue.Therefore,this standard has been met. FINDING: The standards of the Access Management chapter (18.705) have not been met, but can be met with the following condition of approval. CONDITIONS: The applicant's plans shall be revised if the fee-in-lieu is elected to show the construction of an on-site turnaround for the existing driveway to eliminate vehicles backing onto 121st Avenue. The revised plans shall be submitted with the PH Permit application. Lots 2 & 3 shall not be permitted to access directly onto 121st Avenue. The applicant shall cause a statement to be placed on the final plat that prohibits access onto 121st Avenue from lots 2&3. 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 description 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 .89-acre parcel totals 38,741 square feet. There are no sensitive land areas, parks, or private streets within the subject proposal. To determine the net developable area, the square footage to accommodate the existing house on Farce' # 1 (12,480 square feet) and the SW 121st Avenue right-of-way dedication (1,352 square feet) are deducted (38,654 gross sqguare feet - 13,832 square feet deductions 24,909 net developable square feet). As the minimum lot size for the R-4.5 zone is 7 500 square feet, the maximum number of additional lots is three. The minimum number of additional lots is two. The proposed partition creates two additional lots,three (3) lots in total,consistent with the density computations standard. FINDING: Based on the analysis above,the Density Computation Standards have been met. Exceptions to Development Standards (18.730): Building heights and flag lots. 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. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 10 OF 18 The subject partition request would create flag lots after April 15, 1985. Therefore, the limitations on placement of residential structures on flag lots are applicable. 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: a. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning distnct; 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 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. FINDING: According to the applicant's narrative, any future dwellings will comply with the applicable dimension requirements of the R-4.5 zoning district. Ten foot side are proposed and imi shown with building envelopes on the Prelnary Plat (Sheet 1 of 4). e existing dwellings to the south of proposed Lot#I 3 exceed 1-1/2 stones and 25 feet in height.The existing structures on tax lots 1800 and 1700 to the north and tax lot 4401 to the east are over 50 feet away from the propose building envelopes for this site. The applicant has agreed to plant trees to mitigate direct views,if necessary. CONDITION: Prior to issuance of building permits, for dwellings greater than 1-1/2 stories or 25 feet in height,the applicant shall demonstrate that 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. Landscaping and Screening(18.745): 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 18.745.040C. The subject site includes frontage on SW 1215` Avenue. The required trees shall be planted in accordance with the standards for size and spacing in this title,under Section 18.745.040-.0 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 is required for the proposed land partition. FINDING: All of the landscape standards have not been met. However, with a condition of approval requiring planting of street trees along SW 121"Avenue,the criteria can be met. CONDITION: Prior to final inspection, the applicant shall plant street trees pursuant to TDC Section 18.745.040.0 Off-Street Parking and Loading Requirements (18.765): Section 18.765.020.A states that 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 (minimum and maximum parking requirements). For single-family dwellings, one parking space per dwelling unit is required. The applicant acknowledges this requirement. In addition,compliance will be regulated at the time of building permits. There}ore,this criterion is met. NOTICE OF DEQSION MLP2006.00005/'I NDALL PARTITION PAGE 11 OF 18 FINDING: Based on the findings above,parking and loading requirements have been met. 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 submitted a tree plan(Sheets 4 and 4) and an arborist report dated December 11,2006,prepared by a certified arborist, Robert Mazany. The applicant's Existing Conditions plan identifies a total of 23 trees greater than 6 inches DBH on the subject site. Of this total, 13 trees are healthy and greater than 12 inches in diameter, 10 of which will be retained (76%).A retention rate of greater than 75% requires no mitigation. Trees numbered 161, 162, 167, 169, 170,224,226,and 227 will be retained as shown on the tree protection plan. FINDING: Based on the analysis above,the Tree Removal Standards have been met. To ensure trees are protected throughout building construction, the following conditions of approval shall be required: • CONDITIONS: Prior to issuance of building permits,the applicant(developer or builder) shall: A. Submit site plan drawings showing the accurate location of the trees that were preserved and the location of tree protection fencing. Attach copy of the approved Tree Protection Plan. B. Submit a statement and signature of approval from a certified arborist regarding the siting and construction techniques to be employed in building the house with respect to any protected trees on site. G Install required tree protection fencing as specified by the project arborist and call for an inspection by the City Arborist. Prior to final inspection, the applicant shall record a deed restriction to the effect that any existing tree greater than 12 inches 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 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. The applicant's preliminary plat shows the vision clearance triangle for the private street onto SW 121x` Avenue for parcel l-1,consistent with this standard. FINDING: Based on the analysis above,Staff finds that the Vision Clearance Standards are met. 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: 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. NOTICE OF DEQSION MLP2006-00005/TINDALL PARTITION PAGE 12 OF 18 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 the 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's representative submitted an impact study. The applicant specifically agrees to provide the required dedication and half street improvements to SW 121st Avenue. The applicant will be extending storm drainage connections to parcels #2 and#3 to account for the additional impervious area being added to the site.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 (SDCs) collected at the time ofbuilding permit issuance. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay a TIF's of $3,020 for each Of the proposed new dwelling units on Parcels#2 and#3,totaling$6,040. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this project's traffic impact is $18,875 ($6,040 divided by.3 The difference between the TIF_paid,and the full impact,is considered the unmitigated impact on the street system he unmitigated impact of this project on the transportation system is $12,835 ($18,875-$6,040). The applicant has concurred with the dedication of additional n' ht-of-way along SW 121st Avenue (approximately 1,365 square feet) for future road improvements. At $3 per square foot for residentially zoned land,the value of the dedication would be approximately$4,095. In addition, the value of the 1215`Avenue half street improvements is approximately$22,750 ($250/lineal foot x 91 lineal feet). Estimated Value of Impacts FullIact... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Less 111~Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ,040 Unmitigated Impacts $12,835 Less Dedication of SW 121S`Avenue Right-of-Way 4,095 Less Estimated Value SW 121'Avenue Half Street Improvement Costs 22,500_ Estimated Value of Unmitigated Impacts -$13,760- FINDING: The applicant specifically concurs with the 1215t Avenue right-of-way dedication and payment for improvements required to satisfactorily address the standards of Chapter 18.810. A portion of the $6, 40 TIF assessment may be creditable. Therefore, although the dedication and improvements may or may not be roughly proportional depending on '11F credits and costs, they are required to approve the proposed minor land partition. 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: Improtiements: 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 collector street to have a 70-foot right-of-way width and 46-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting,storm drainage,and street trees. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 13 OF 18 This site lies adjacent to SW 121st Avenue,which is classified as a Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 35 feet from centerline. SW 121st Avenue is currently partially improved. In order to mitigate the impact from this development,the applicant should either construct half-street improvements or pay a fee-in-lieu of cons the improvements. If the}ee-in- lieu option is selected,the amount shall be$22,500.00,paid prior to issuance of boil enmrs. The improvements to 121st Aproject, venue whether constructed or the fee-in-lieu ppaid towards a UP are F creditable. The TIF credits are based on the Washington County Traffic Impact Fee Procedures Manul. If the applicant chooses to pay the fee-in-lieu of constructing the half.street improvements the existing driveway can remain where it is, but an on-site turnaround must be provided. This turnaround needs to be large enough tut a vehicle can maneuver on-site to eliminate back onto a Collector, as required by 18.705.030.G.2. The applicant shall submit revised driveway and turnaround plans to Engineering with the PFI Permit application. 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. Due to existing development there are no opportunities for future streets or street extensions. 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. It is not possible to redesign or reconfigure the existing street pattern to provide required extensions. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regarf 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. No new streets are being created with this partition.Therefore,this standard is not applicable. NOTICE OF DEQSION MLP2006-00005/TINDALL PARTITION PAGE 14 OF 18 r 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. Similarly,since no streets are being proposed,and no connections are required,this standard is not applicable. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width,unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district All proposed parcels have lot depths less than 2.5 times the average width,consistent with 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. Proposed Parcel# 1 has a frontage of 91 lineal feet on SW 121St Avenue; as shown in the applicant's Preliminary Plat (Sheet 1 of 4),proposed Parcels #2 and #3 have a 15 foot wide access easement fronting onto SW Piper Terrace.Therefore,this cnterion is met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant will either construct half-street improvements along their 121st Avenue frontage or pay the fee-in-lieu, either of which will satisfy 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. The applicant's plans indicate the existing home will be connected to the public sewer line in 121st Avenue. This property is included in Sewer Reimbursement District 30. Prior to issuance of building permits the reimbursement fee of $5304.20 must be paid and the existing home must be connected to the public sewer. The fee amount increases by 6.05%yearly with the adjustment made again on March 8,2008. The two proposed lots are shown on the plans to be served by separate laterals from the public sewer line in Piper Terrace. 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 drainage ways that impact this development. NOTICE OF DECISION MLP200600005/TINDALLPARTITION PAGE 15 OF 18 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 resulung 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 City does not require on-site detention for small developments like minor land partitions. Therefore, the applicant's plans indicating the two new parcels discharging storm runoff to the existing public storm line in Whistler's Loop is acceptable. 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 theture extension of such bikeways through the dedication of easements or right-of-way. The City of Tigard's TSP indicates 121st Avenue is a bicycle facility. The applicant shall provide bicycle striping with half-street improvements or with the fee-in-lieu. 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 constructedpriorto 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 detemunation 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 121st Avenue,but on the west side of the street. The frontage along this site is 901inea_feet;therefore the fee would be$3150.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The City of Tigard provides service in this area. NOTICE OF DECISION MLP2006.00005/TINDALL PARTITION PAGE 16 OF 18 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 tocre�cQ�uire an on-site water quality facility to accommodate treatment of the storm water from Parcels 2 & 3. 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 lee 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. The applicant's engineer shall submit an erosion control plan prior to issuance of permits. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary(USB). An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the Otypnor to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicant's final plat shall contain State Plane Coordinates V 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 grid north. These coordinates can be established by: GPS tie networked to the City's GPS survey. By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points-for each structure (manholes, catch basins,water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS City of Tigard Building Department has reviewed the proposal and has no objection to it. City of Tigard Police Department has reviewed the proposal and, upon explanation of the proposed access by ni planng staff,had no issues with the proposed minor land partition. SECTION VII. AGENCY COMMENTS Clean Water Services (CWS) submitted a Service Provider Letter dated December 5, 2006 (06-003551) which determined no sensitive areas were identified within 200 feet of the subject site. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 17 OF 18 Tualatin Valley Fire and Rescue has reviewed the proposal and provided the following comments and conditions. 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 (tie) 3,600 square feet or larger,the required fire flow shall be determined according to IFC Appendix B. (IFC l3105.1) 2. FIRE HYDRANTS - ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (IFC 58.5.1) 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 JULY 6,2007 AND BECOMES EFFECTIVE ON JULY 21,2007 UNLESS AN APPEAL IS FILED. Areal: 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 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. ITHE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 20,2007. I estions: If you have any questi ,please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard,Oregon at (5 9-4171. 6- v July 3,2007 PREPARE lj Y: Gary Pagenstecher DATE Associate Planner i 6-- r- -'- "' J DATE 2007 APPROVED BY: Richard Be,, ers•crff Planning -.ger i\cuipin\gary\minor land panition\m1p2007-00008(hansen\m1p2007-00008 decision.doc NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 18 OF 18 / I � 1 1 I I CITY of TIGARD 1 I J GEDGRAPRIC INFORMATION SYSTEM JAMES RD VICINITY MAP AhPihi, MLP2006-00005 144S7 TINDALL MARION ST r PARTITION ■ ! • Al � � �� almii •' LEGEND.�� ,,,,,111 . _ IIIIIiii oa V SF:.J.041i p■stillielitimp" .1111raireoll*vim TLER S �N ., • ,STLER S LP � �■■■. Tiard Area Map 111-■■.a AI RV IE W LN A 0 80 160 240 320 400 Feet 1 4f111!! _ s t.=309 feet TIGARD 11.10111■VO, ■ r r _� Information on this map is for general location only and R . WKW , _ should be verified with the Development Services Division. i ar,O R 9ll Blvd .. or; r Tigard, OR 97223 (503)639-4171 GAAR community Development tt�beew.Cl.58afd.«.Ve Plot date:Jun 1,2007;C:lmagic\MAGIC03.APR 4, • i 1 - ♦ + ; \ - W.B.WELLS • A. • sec4W'1c. I TINDALL PA RT I T I 0 N I eTweenwitronts POVI,ORENS' Nf.f N.aAA.1.INM... NI J�, .,4 VICINITY MAP 'N.-N. �� / •, 1000 tiNMA l` ' 4'. t :f_fS:� t 5 ;1 TAX Lor / `� � \ 1800 t .ST..15" ''..• ='N.'...s��e'Ai'•.'' $ < a 0 ,.... it., ',,... ,.7 7 .--7--..._/' 2P ‘.* A 7‘ 1151.111. / WU=.40,1 .14 :__ 4 bVC , r.' • ;.? ,11, 'p,1-. 1:•1' . -�,.:4 ,: ..•. 04< za ..... . , •15-FOOT 8011-OF-WAT / '\ •■ ,1'..7-7.11&4., S T /)~yyiamr�~ I / DEDICATION / jaY / TAX LOr .i,. if J r :!S//L'�.. `�`~• I';".i,'...., ta�s�A& g E:.p / N4. d // / I \ - \�. / 1700 titJ'f •l/`.rX•: ,\,:' a i-,1r'.•'•,.,... al• •7 ••.4! F W `Z. / "a° ►,� PARCEL 1 / ,�h �\``�9>✓ .j i.=;�+ !. `> 'It' ;,� ''- a a¢ �',`;.... 12,480 S.F./ / / '--_ .,''.�, - -1' 1:;-; '.4 , t.:.l:'T• i 11C. 1"I U F. o APPROIVMIE mcE OF '`�`— 7 / '\ _ , •I ,.• .••• W al PMEYFNI Law1oN N114, d9'� / / / ': -. N..-'�'`{j,•A;i , 44A.wr1?;;P:14 Z' r'��_1 �, PARCEL 2 �� N T. a�. / iCF-MAr PA y. -�\ 14,634 S.F. / 1•t • TAX cor 4400 `�� Foiac . i m . a 5/4, / B v r l••g / '\ APPLICANT: KAREN TINDALL I REGISTERED A' / ` �� 8555 SW SAGERT STREET 111 o SURVEYOR S , `\ / IUALATIN, OR 97062 4 / PARCEL 3 --y f OREGON / _ PROPOSAL: 3-LOT SINGLE-FAMILY PARTITION �__ A �_ 10,274 S.F. / TAX LOT � •s; E /`` - ---- / h 4401 LAND USE: R-4.5 u.»cs ea-/e-e. , 'h SIZE: 38.741 S.F. S .. _ / Y TOPOGRAPHY: FIELD SURVEY BY WB WELLS &ASSOCIATES $ /' / A' 135• I LEGAL Karen Tindell F / ~j�� �� 1acxFSS/EDRESS DESCRIPTION: TAX LOT 4500 OF TAX MAP 2S 1 03CD T t, / All MIN STORM AND 503-02-1197 3 / EASEMINT SANITARY SEWER: CITY OF TIGARD , %11 N 1 ' _ FIRE: TUALATIN VALLEY FIRE AND RESCUE DE2s DRAWINGS: WATER: CITY OF TIGARD DOAROOCONPLEIENESS / •,. I LETTER DATED 1/18 / I • 1. .VICINITY MAP / PLAT/ COVER SHEET 'f:t +,: : r AND 3-06-07 �__ e `'\,+� I 2. EXISTING CONDITIONS PLAN �.; _.---1 RECEIVED I \ , `--`--J .3. PRELIMINARY UTILITY PLAN DESIGNED en •4. TREE PLAN / APR 1 7 2007 CRAM `°"• ` y :,.• ke CITY OF TIGARD POT DAIE .-..» ` r PLANNING/ENGINEERING .B Na a._3m (SHEET 1 OF 4 ) REQUEST FOR COMMENTS CleanWater Services Our commitment is clear. MEMORANDUM DATE: June 12, 2007 FROM: David Schweitzer, Clean Water Services TO: a_Che Assistant Planner P City of Tigard Planning Division SUBJECT: Review Comments- Tindall Partition,2006-00005 MLP GENERAL COMMENTS • This Land Use Review by Clean Water Services(CWS)does not constitute approval of storm or sanitary sewer compliance with the NPDES permit held by CWS. CWS must review and approve final construction plans prior to issuance of any construction and/or connection permits. • All provisions of the development submittal shall be in accordance with current CWS Design and Construction Standards, (presently R&O 07-20),and all current Intergovernmental Agreements between the City and CWS. • Final construction plans shall be reviewed and approved by CWS for conformance with current CWS Design and Construction Standards prior to issuance of any construction permits. • A Stormwater Connection Permit shall be required, as approved by CWS,prior to construction of sanitary sewer, storm and surface water systems,and any work within sensitive area buffers and vegetated corridors. • Public sanitary and storm sewer easements shall be required in accordance with current CWS Design and Construction Standards. For the proposed storm and sanitary sewer service illustrated in the preliminary plat, CWS would like a 20 foot minimum easement from the southern property line,paralleling the eastern property line to the northern property line. SANITARY SEWER • Each lot in the development shall be provided with a direct gravity side sewer(service lateral)connection to a public sanitary sewer mainline in accordance with current CWS Design and Construction Standards. Each sanitary lateral shall provide service to only one lot and shall be contiguous with public right-of-way or public sewer easement. 2550 SW Hillsboro Highway• Hillsboro, Oregon 97123 Phone: (503)681-3600•Fax:(503)681-3603•www.CleanWaterServices.org • The engineer shall verify public sanitary sewer availability to adjacent properties and extend public sanitary sewer to provide service to adjacent properties in accordance with current CWS Design and Construction Standards, (presently R&O No. 07-20). STORM DRAINAGE AND WATER QUALITY • Each lot in the development shall be provided with a gravity service lateral and individual connection to a public storm conveyance. Privately owned and maintained storm sewers, including water quality facilities, serving multiple lots shall not be approved. The public storm sewer system shall be extended to the most distant upstream parcel boundary. • A hydraulic and hydrological analysis of the existing drainage and downstream storm conveyance system, in accordance with current CWS Design and Construction Standards (presently R&O 07-20), is required. The applicant is responsible for mitigating downstream storm conveyance if the existing system does not have the capacity to convey the runoff volume from a 25-year, 24-hour storm event. • Per R&O 07-20 Section 4.05.2a,the Developer shall provide a water quality facility to treat all impervious surfaces being constructed or preserved as part of this development or pay a fee-in-lieu of constructing a water quality facility. • Final construction plans shall show all existing and proposed public and private storm conveyance and easements. SENSITIVE AREA • CWS has reviewed this proposal for Tax/Lot Map 2S1 03CD 04500 and issued a Sensitive Area Per-Screening Site Assesment, CWS File Number 06-003551, for the proposed development dated December 5,2006. Sensitive areas do not appear to exist on site or within 200' of the site. This document will serve as the Service Provider Letter. EROSION CONTROL • All CWS erosion control requirements in accordance with current CWS Design and Construction Standards shall be met. All sites exceeding one acre shall require an NPDES 1200C permit. MEMORANDUM CITY OF TIGARD, OREGON DATE: 6/29/07 TO: Gary Pagenstecher, Associate Planner FROM: Kim McMillan, Development Review Engineer RE: MLP2006-00005 Tindall 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. A preliminary sight distance certification was submitted by W.B. Wells & Associates, Inc., dated April 16, 2007. The sight distance was measured for the access onto 121st Avenue, which is classified as a Collector on the City's TSP. The speed limit along 121St Avenue is 35 mph, requiring 350 feet of sight distance in both directions. The engineer states that the sight distance was measured to be 540 feet to the northeast of the access and 675 feet to the southwest of the access, thereby meeting the sight distance requirement. 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 located on 121St Avenue where Quail Creek Lane intersects it from the west. The throat of the existing driveway overlaps with the right-of-way line of Quail Creek Lane. There are no opportunities to move it any further away from the intersection. Another option is to move the driveway such that the centerline of the driveway aligns with the centerline of Quail Creek Lane. This ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 1 would move the driveway 30 feet south west and would not provide significant or even measurable safety improvements at this time. In order to provide safety improvements, the applicant will be required to provide an on-site turnaround, per 18.705.030.G.2, as discussed in the next section of this report. A capital improvement project by the City of Tigard will include the reconstruction of the driveway. The driveway will be relocated at that time. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The applicant has proposed to move the existing driveway to align with Quail Creek Lane. This alignment does not require an adjustment to the spacing standard. Staff, however, has determined that the driveway should remain in its current location until frontage improvements are done by the applicant, the City's CIP Division or another party. In order to leave the driveway in its current location, 18.705.030.G.2 requires mitigation for any safety or neighborhood traffic management impacts deemed applicable by the City Engineer. In this case an on-site vehicle turnaround will be required to eliminate the need for a vehicle to back out onto the roadway. The applicant's plans shall be revised to provide the on-site turnaround and submitted with the PFI Permit application for review and approval. Lots 2 & 3 will not be allowed to have access to 121st Avenue. The applicant shall cause a statement to be placed on the final plat that prohibits access onto 121St Avenue from lots 2 & 3. 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. ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 2 Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Collector street to have a 70 right-of-way width and 46-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 121st Avenue, which is classified as a Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 35 feet from centerline. SW 121st Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should either construct half-street improvements or pay a fee-in-lieu of constructing the improvements. If the fee- in-lieu option is selected, the amount shall be $22,500.00, paid prior to issuance of building permits. The improvements to 121st Avenue, whether constructed or the fee-in-lieu paid towards a CIP project, are TIF creditable. The TIF credits are based on the Washington County Traffic Impact Fee Procedures Manual. If the applicant chooses to pay the fee-in-lieu of constructing the half-street improvements the existing driveway can remain where it is, but an on-site turnaround must be provided. This turnaround needs to be large enough that a vehicle can maneuver on-site to eliminate backing onto a Collector, as required by 18.705.030.G.2. The applicant shall submit revised driveway and turnaround plans to Engineering with the PFI Permit application. 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. Due to existing development there are no opportunities for future streets or street extensions. Street Alignment and Connections: ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 3 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. It is not possible to redesign or reconfigure the existing street pattern to provide required extensions. 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 18.810.040.8.2 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 ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 4 more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. PLANNING Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant will either construct half-street improvements along their 121st Avenue frontage or pay the fee-in-lieu, either of which will satisfy 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. The applicant's plans indicate the existing home will be connected to the public sewer line in 121st Avenue. This property is included in Sewer Reimbursement District 30. Prior to issuance of building permits the reimbursement fee of $5304.20 must be paid and the existing home must be connected to the public sewer. The fee amount increases by 6.05% yearly with the adjustment made again on March 8, 2008. ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 5 The two proposed lots are shown on the plans to be served by separate laterals from the public sewer line in Piper Terrace. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this 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 City does not require on-site detention for small developments like minor land partitions. Therefore, the applicant's plans indicating the two new parcels discharging storm runoff to the existing public storm line in Whistler's Loop is acceptable. ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 6 Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. The City of Tigard's TSP indicates 121st Avenue is a bicycle facility. The applicant shall provide bicycle striping with half-street improvements or with the fee-in-lieu. 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 ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 7 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 121st Avenue, but on the west side of the street. The frontage along this site is 90 lineal feet; therefore the fee would be $ 3150.00. Public Water System: The City of Tigard provides service in this area. 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 Parcels 2 & 3. 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. The applicant's engineer shall submit an erosion control plan prior to issuance of permits. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 8 in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: 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 connections to public utilities 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). ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 9 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. 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 final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). The applicant shall pay the fee-in-lieu of half-street improvements or submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half- street improvement along the frontage of 121st Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a Collector street from curb to centerline equal to 23 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6 foot concrete sidewalk with a 5 foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW 121st Avenue in a safe manner, as approved by the Engineering Department. ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 10 The applicant's plans shall be revised, if the fee-in-lieu is elected, to show the construction of an on-site turnaround for the existing driveway to eliminate vehicles backing onto 121st Avenue. The revised plans shall be submitted with the PFI Permit application. Lots 2 & 3 shall not be permitted to access directly onto 121st Avenue. The applicant shall cause a statement to be placed on the final plat that prohibits access onto 121st Avenue from lots 2 & 3. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 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). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 11 D. The right-of-way dedication for 121St Avenue, providing 35 feet from centerline, shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The 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). The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. The fee-in-lieu of half-street improvements must be paid prior to issuance of building permits. The amount to be paid is $22,500.00. The applicant shall either place the existing overhead utility lines along SW 121St Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 3150.00 and it shall be paid prior to issuance of building permits. ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 12 During issuance of the building permit for Parcels 2 & 3, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). Prior to issuance of building permits the applicant shall pay the Sewer Reimbursement fee of$5304.20. Prior to issuance of building permits the existing home must be connected to the public sewer and the septic system decommissioned according to current regulations. ENGINEERING COMMENTS MLP2006-00005 TINDALL PAGE 13 TVAlt Tualatin Valley Fire & Rescue July 2, 2006 Cheryl Caines, Assistant Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: (MLP) 2006-00005 Tindall Partition Dear Cheryl, 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) 2) FIRE HYDRANTS — ONE-AND TWO-FAMILY DWELLINGS& ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (IFC 508.5.1) If there is a fire hydrant within the prescribed distance capable of providing the required fire flow, the fire district has no additional conditions for this project. 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, John K . Dalby 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 RECE, c June 11, 2007 `D RE: Tindall Partition JUN 1 2 2007 CITY OF r, To Whom It May Concern: PLANNING •-Ain BERING Please address the following concerns below in regards to the Minor Land partition being requested. 1. How close will the proposed properties be to my home? 2. What street will the new homeowners be using to access their homes? 3. Will this partition affect my property line? 4. Will trees near my property be affected? Thank you, Steven Nguyen 12x58 Sw I REQUEST FOR COMMENTS DATE: June 1,2007 TI G A R D TO: Mark Vandomelen, Plans Examination Supervisor FROM City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Assistant Planner(x2437) Phone: (503) 639-4171 Fax: (503) 624-3681 Email:cherylc( tigard-or.gov MINOR LAND PARTITION (MLP) 2006-00005 - TINDALL PARTITION - REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. LOCATION: 13500 SW 121" Avenue; Washington County Tax Map 2S103CD Tax Lot 4500. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 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 pro osal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JUNE 15, 2007. 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 ur 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. Written comments provided below: Name&Number of Person Commenting: /''12S 4'1 A✓ ,r X751 sN • REQUEST FOR COMMENTS DATE: June 1,2007 RECEIVED PLAN TI GARD TO Jim Wolf,Tigard Police Department Crime Prevention Officer JUN 1 1 200 FROM: City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Cheryl Gaines.Assistant Planner(x2437) Phone: (503) 639-4171 Fax: (503) 624-3681 Email:cherylcCa?tigard-or.gov MINOR LAND PARTITION (MLP) 2006-00005 - TINDALL PARTITION - REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. LOCATION: 13500 SW 121" Avenue; Washington County Tax Map 2S103CD Tax Lot 4500. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 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 pro osal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: JUNE 15, 2007. 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 ur 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. Written comments provided below: Qo��ceA and AO 'kYk%ca►ta- acr-1% rCAS . Reotkitbr rnoci vhgxwvAloil dcikbAtn Name&Number of Person Commenting: .‘1,40% -1,--151p1 • • • REQUEST FOR COMMENTS MI DATE: June 1,2007 T I GARD TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines,Assistant Planner(x2437) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: cherylcatigard-or.gov MINOR LAND PARTITION (MLP) 2006-00005 - TINDALL PARTITION - REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. LOCATION: 13500 SW 121S` Avenue; Washington County Tax Map 2S103CD Tax Lot 4500. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 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: JUNE 15, 2007. 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 ur 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. Written comments provided below: Name&Number of Person Commenting: 'Y OF TIGARD REQUEST FOF 3MMENTS NOTIFICAl t.,r4 LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: MLP RteA-- . <<-`C 5 FILE NAME: Tindall Par-k+ion CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central DEast ❑South ['West CITY OFFICES LONG RANGE PLANNING/Ron Bunch,Planning Mgr. COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. /POLICE DEPTJJim Wolf,Crime Prevention Officer ./BUILDING DIVISION/Mark(residential)Brian(commercial) 7 ENGINEERING DEPTJKim McMillan,Dvlpmnt.Review Engineer _ _CITY ADMINISTRATION/Cathy Wheatley,City Recorder t/PUBLIC WORKS/Rob Murchison,Project Engineer _PLANNING COMMISSION(+11 sets) PLANNER-POST PROJECT SITE 10 BUSINESS DAYS PRIOR TO A PUBLIC HEARING! _HEARINGS OFFICER(+2 sets) SPECIAL DISTRICTS — TUAL.HILLS PARK&REC.DIST.lei/TUALATIN VALLEY FIRE&RESCUE♦ _ TUALATIN VALLEY WATER DISTRICT• /CLEANWATER SERVICES• Planning Manager North Division Administrative Office Lee Walker/SWM Program 15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124 Beaverton,OR 97005-1152 LOCAL AND STATE 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 Form Required) — Steven Sparks,oe.secs 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. _ Bob Knight,OOIO Resource Center(ZCA) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Allen,G,Wwth Management coordnaor _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Hams(Maps a CWS Lett.°Wy) _ Mel Huie,Greenspaces Coordnator(CPAQOA) Larry French(Comp.Plan Amenanalts Orgy) Routing CENWP-OP-G _CITY OF KING CITY * _ Jennifer Budhabhatti,Regional Panne,(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Gr,rwNManagementServices Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powennes n Area) _OR.DEPT OF AVIATION(Monopole row.* Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Panong 155 N.First Avenue _CITY OF LAKE OSWEGO * Routing TTRC-Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Steve Conway(Genera Apps) Lake Oswego,OR 97034 _Gregg Leion(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Brent Curtis(cPA) _CITY OF PORTLAND (Noely for Wetunds and Paental Enwonmenta impacts) _Development Review Coordinator _Doria Mateja(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vawtans) _Sr.Cartographer(cn,.zc.,.,s,. 1900 SW 4" Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,S,X.eyor(zco.rs,s 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)-sal"fla d.ye,.-.t Sam Hunaidi,Assistant Dostrot Manager (Notify It 000T WR+twy.Crossing v Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,sr.crossng Saety spe ow (Notify it Property Has Ho Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13°'Street,NE,Suite 3 725 Sumner Street NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe RJR Predecessor) Bruce Carswell,President&General Manager 1200 Howard Drive SE Albany,OR 97322-3336 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS .OMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer)Anne.arons ony) Gerald Backhaus is..Mac er..ea coni.co (If Protect o Wann v.Mae of a Transp 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 I/ PORTLAND GENERAL ELECTRIC NZ NW NATURAL GAS COMPANY /VERIZON (MCO30533) VQWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Brandon Kahler,Engineering Lynn Smith,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 20575 Vonnewmann Dr.,Suite 150 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 /Beaverton,OR 97075-1100 Portland,OR 97219 /COMCAST SCHOOL DIST.#23J _BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jan Youngquist,Demographics Alex Silantiev tsa..w..Naac...co Diana Carpenter,,.ro.Edwamd.9w, 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 )It 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:\pattytmasters\Request For Comments Notification List.doc (UPDATED 8-Nov-06) MATLING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING I, Patricia L. Lunsford being fast 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: )B wI © NOTICE OF DECISION FOR MLP2006-00005/TINDALL PARTITION (File 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 July 6,2007,and deposited in the United States Mail on July 6,2007,postage prepaid. pet (Person _ Pre.ared Notice) / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of 41°' ,2007. NOTARY PUBLIC-OREGON COMMISSION NO.403358 f1/ Wi - . ■ • MARES MARCH 21,2010 t) ,Oth-A0.1441. o1'Y PUBLIC O O 01•1 My Commission Expires: f" Lo EXHIBIT NOTICE OF TYPE II DECISION pril MINOR LAND PARTITION (MLP) 2006-00005 TINDALL PARTITION 120 DAYS =9/15/2007 SECTION I. APPLICATION SUMMARY FILE NAME: TINDALL PARTITION CASE NOS: Minor Land Partition(MLP) MLP2006-00005 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. APPLICANT: C,affall Construction APPLICANT'S W. B.Wells &Associates,Inc. Ann:Karen Tindall REP: Ann: Mark Person 8555 SW Sagert Street 4230 NE Fremont Street Tualatin, OR 97062 Portland,OR 97213 OWNER Sharon and Richard Ulrich 13500 SW 121St Avenue 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: 13500 SW 121st Avenue;Washington County Tax Map 2S103CD Tax Lot 4500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795,and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has 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 JULY 6, 2007 AND BECOMES EFFECTIVE ON JULY 21, 2007 UNLESS AN APPEAL IS FILED. ppe-al-: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 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 JULY 20, 2007. estions: or urt er 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 garypatigard-or.gov. - auu. �.= r1,7` . 'D "IY4I` ' mmil �'.I!V!1!!4i! F,4fI�' A ITIN ♦ Al. LEGEND 1JiI ∎ . • _ j� �tloj�� ��ti 7 •I . min Mir 4-.I. /MUSD , • Ly .mom , --,es♦, HSLR'S P A.i ma Il� m� Rm�l_ g I il IIN , ...„araniouw• .1 ■Wille 1 1 14,10.10 11 all .NI ill I TINDALL PARTITION n { VICINITY MAP a J N• a r,•\` Y,�{�7 ' +y 1--'. ..1 .0e, of ':'t'- •ARCEL 1 i / �J `-r "•f .,14� MW / '�`` 12.{80 SF/ /I+� - 1-\. , i.4.X,1..i,':-.i,E '.-•-:∎%-,p .1 r. / , -\• '4+11'.1-3. 4 S� ' ''''..4.:r:::::::',..' -_ L PARCEL 2 -, '- *"' p4 z / .- rJ.` -\ 14.834 SE. NTS. 0.E. • PARCEL 3 --y 1 / / `—__ __-- 10.271 iE. / n.,--7.,=.....- \ i i DRAWINGS' �-� ..e runs -"-�-� I.MINIFY IMP/PLAY/COVER VI EEI 1 ---4 2 EXISTING CGROMONS PLAN ''��/ RECEIVED i. \ 1 3 PRELIMINARY OMIT.PLAN j }) 171111 r — i, - _ CIIVIN1.Ni , I - � - IAA......... .0 2S103CC-10500 2S103CC-15000 EXH I B IT( ABOUMENGEL HASSAN M BROWN DAVID R&SANTINA 13545 SW 122ND AVE 11685 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-10900 2 03CD-04800 ALBERT JASON J&ANGELA A BRO D D R&SANTINA 12165 SW QUAIL CREEK LN 1168 TERRACE TRAILS DR TIGARD, OR 97223 ARD,0 97223 2S103CB-05300 2S103CD-04400 ARELLANO RUBEN& BROWN MICHAEL J& CONDELEILANI RIES-BROWN JUNITA M 12175 SW HOLLWO LN 13530 SW 121ST ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103CC-14000 2S 103C C-00900 ASHFORD DARIC UGREGGETTE L BRUMLEY SCOTT B&JANINE K 12075 SW WHISTLERS LOOP 12045 SW ROSE VISTA DR TIGARD, OR 97223 TIGARD,OR 97223 2S103CC-01000 2S103CD-07900 BACON LEWIS J JOAN M BRUTCHER JACK L&MARTI E 12035 SW ROSE VISTA DR 13695 SW 118TH CT TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-04600 2S103CC-11900 BAKER THEODORE E BUSSANICH TYRON&JENNIFER 220 NW 72ND CIR 12050 SW WHISTLERS LP VANCOUVER,WA 98665 TIGARD,OR 97223 2S103CB-04700 2S103CA-01001 BECKER JEFFREY S&APRIL K CALLAWAY KEVIN JOHN&LORI F 12170 SW MARION ST 13345 SW HOWARD DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-10700 2S103CB-05600 BERNARDY PAUL B&LINDY L CAPUA DEBRA S& 12162 SW QUAIL CREEK LN PITTS GERALD RNERNA J TIGARD,OR 97223 12201 SW HOLLOW LN TIGARD,OR 97223 2S103CB-10200 2S103CB-05500 BINTLIFF RHONDA&STEVE CASIAS DAVID J&LILIA M 13520 SW 122ND AVE 12199 SW HOLLOW LN TIGARD, OR 97223 TIGARD,OR 97223 2S103CB-04903 2S103CB-10800 BRIJESH REVOCABLE LIVING TRUST CHRISTOPHER CLINT ALLEN&AMAND BY BRIJESH ANAND TRUSTEE 12159 SW QUAIL CREEK LN 13613 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-13300 2S103CB-12000 CHURCH DOUGLAS A/JENNIFER L GOOLD SAMUEL L&SHERIE L 12078 SW WHISTLERS LOOP 12190 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 25103CB-10100 2S103CC-13100 COMUNTZIS GLEN&POLLY ANN HALL ADRIAN WILLIS&NANCY JEAN 12220 SW QUAIL CREEK LN 12074 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103C0-05400 2S103CD-05200 DEFRANG GARY R CAROLYN M HARGIS MARILYN L 11650 SW TERRACE TRAILS DR 11670 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CD-05100 2S103CA-02000 DOLESE JOHN W HAWKINS CYNTHIA J 11680 SW TERRACE TRAILS 13460 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00900 2S103CC-14200 DORRANCE THEODORE LEE& HOWELL DEAN M&SUSAN L ASPASIA DEMETRA 12071 SW WHISTLER'S LOOP 13305 SW HOWARD DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CD-07800 2S103CC-13400 FORD FREDERIC C&MELISSA E HUI NAKITA A&DANNY T 11705 SW TERRACE TRAILS DR 12080 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00602 2S103CA-01600 FRANZ ROSEMARY B JOHNSON SIDNEY W&CHERYL R 10716 SE FOREST VIEW LN 13410 SW HOWARD DR HAPPY VALLEY, OR 97086 TIGARD,OR 97223 2S103CB-10400 2S103CB-06000 GADBERY MICHAEL K&CATHY A KEPHART PAUL W& 12192 SW QUAIL CREEK LN BRENDA J TIGARD,OR 97223 12249 SW HOLLOW LN TIGARD,OR 97223 2S103CA-01500 2S103CC-12200 GIBB JESSE L SHERON M KIM CHULL W&MIKYUNG L 13380 SW HOWARD DRIVE 12056 SW WHISTLER'S LOOP TIGARD, OR 97223 TIGARD,OR 97223 2S103CD-05500 2S103CC-14500 GILBERTSON LISA& KIM DAVID J AMAYA PHIL 12053 SW WHISTLER'S LOOP 11640 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-12600 2S103CB-11900 KOHLMAN ED H&KRISTIE J MCGUIRE WAYNE B& 12064 SW WHISTLERS LOOP ELDIEN PATRICE T TIGARD,OR 97223 12202 SW HOLLOW LN TIGARD,OR 97223 25103CB-10500 2S103CC-00800 KRIEGEL JESS A&ROSEMARY A MCPHERSON LORIN 12186 SW QUAIL CREEK LN 12055 SW ROSE VISTA DR TIGARD, OR 97223 TIGARD,OR 97223 2S103CB-05400 2S103CB-12300 KRUSE DAVID E MCQUILKIN ROGER W 12187 SW HOLLOW LN 12160 SW HOLLOW LN TIGARD, OR 97223 TIGARD,OR 97223 2S103CC-13500 25103CB-10000 LE DAT T& MERCER STEPHEN J&RUTH DUONG THUAN 12252 SW QUAIL CREEK LN 12082 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-10100 2S103CB-05800 LE DZUNG X& MILLS BRENT W&KIMBERLY A HUYNH HANG 12225 SW HOLLOW LN 12125 SW WHISTLERS LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-13900 2S103CD-04600 LITTMAN ALLAN&LORALEE MILLS GARY E 12077 SW WHISTLERS LOOP 11635 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-14300 2S103CB-12100 LUBRANO OCTAVIO S&KALPANA P MITCHELL DENNIS J&SUSANA DEOC 12057 SW WHISTLERS LOOP 12182 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-11400 2S103CC-12000 MALDONADO JEFFREY V/MARGARET I MONTOYA DENISE L 13482 SW 122ND AVE 12052 SW WHISTLERS LP TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-13800 2S103C9-11300 MALIHOLMOLOUK FAMILY REVOC MORI WAYNE H&DONNA S FAMILY TRUST 12213 SW QUAIL CREEK LN 12079 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00600 2S103CC-13200 MAY WILLIAM A NAINENI MALAHAL R& 13375 SW HOWARD DRIVE ERRABELLI PRAVEENA TIGARD, OR 97223 12076 SW WHISTLER'S LOOP TIGARD,OR 97223 2S103CA-01400 2S103CB-12200 NGUYEN BICH LIEN THI PACHOLL DIANNA F& 13350 SW HOWARD DR PACHOLL RICHARD L TIGARD,OR 97223 12176 SW HOLLOW LN TIGARD,OR 97224 2S103CC-14700 2S103CB-04800 NGUYEN MINH ANH&TINA PARKER KIMBERLY A 8329 NE HANCOCK ST 13305 SW 121ST AVE PORTLAND,OR 97220 TIGARD,OR 97223 2S103CC-14100 2S103CC-12400 NGUYEN NGOC THU PARKER TREVOR L&DEBRA M 12073 SW WHISTLERS LOOP 13620 SW PIPER TER TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-12300 2S103CC-12500 NGUYEN STEVEN LEE& PASERO MARK G&SHARON LE HUONG THI 12062 SW WHISTLERS LOOP 12058 SW WHISTLER'S LOOP TIGARD,OR 97223 TIGARD, OR 97223 2S103CC-12800 2S103CC-13000 NIKSICH KEVIN G& PEIZNER MICHAEL J&UMBELINA 0 NIKSICH DEAN R WESTRAN 12072 SW WHISTLER'S LOOP 12068 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97224 2S103CA-00500 2S103CA-04100 NORRIS LONNIE D AND PENDLEY MARK A MARILYN M 11625 SW TERRACE TRAIL DR 13300 SW 121ST AVE TIGARD,OR 97223 TIGARD, OR 97223 2S103CB-04500 2S103C0-05300 NORTON CLAYTON E PETERSEN DALE STEVEN&TRACY A 12210 SW MARION ST 11660 SW TERRACE TRAIL DR TIGARD,OR 97223 TIGARD,OR 97223 2S103C0-08100 2S103CB-11200 OFFIELD HAROLD L&LAURIE J PETERSON MICHAEL D& 13755 SW 118TH CT PEGGY SUE TIGARD,OR 97223 12197 SW QUAIL CREEK LN TIGARD,OR 97223 2 S 103C B-10600 2S103CC-14400 ORAMI AHMAD&MARYAM PETITJEAN ARNAUD/KIVIERA SKILES 12174 SW QUAIL CREEK LN 12055 SW WHISTLER'S LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-04400 2S103CA-00603 OWNBEY DAVID LLOYD& PETITT THOMAS J&ERIN D PATRICIA ANNE 13400 SW 121ST AVE 12230 SW MARION ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-11100 2S103CC-12100 PHAM RICHARD V RAY JOSEPH ENTERPRISES INC 12189 SW QUAIL CREEK LN 15990 SW SHEARWATER CT TIGARD, OR 97223 BEAVERTON,OR 97007 2S103CB-05900 2S 3CC-10300 PISTACCHIO JASON M&JULIE A RAY S ENTERPRISES INC 12237 SW HOLLOW LN 1599 HEARWATER CT TIGARD,OR 97223 VERTO ,OR 97007 2S103CD-04900 2S103CD-07700 PLUMMER TRENT A&SARAH M RONE CLIFFORD G AND 11695 SW TERRACE TRAILS DR CHARMINE L TIGARD,OR 97223 11715 SW TERRACE TRAILS DR TIGARD,OR 97223 2S103CD-05000 2S103CC-12700 POOR KATHLEEN MARIE SANDOZ MICHAEL S&CAROL D 11690 SW TERRACE TRAILS DR 12066 SW WHISTLERS LOOP TIGARD, OR 97223 TIGARD,OR 97223 2S103CA-01300 2S103CB-05700 PURKEY MICHAEL R& SCHAEFER CHRISTOPHER J& BRENDA L KATHLEEN M 13320 SW HOWARD DRIVE 12213 SW HOLLOW LN TIGARD, OR 97223 - TIGARD,OR 97223 103CD-08600 2S103CD-08000 Q RA CORPORATION THE SCHIEBOLD HANS&SHARON R TRUST HA RN BUSINESS CENTER 13705 SW 118TH CT TIGARD,OR 97223 2S103CB-12800 2S103CD-07500 QUAIL HOLLOW-TIGARD LLC SCOLES HARRY C&BARBARA BY DICK PACHOLL 13750 SW 118TH CT QUAIL HOLLOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 15685 SW 116TH AVE#311 KING CITY,OR 97224 2S103CB-12700 2S103CD-04700 QU L HOLLO -TIGARD LLC SEDGWICK WAYNE L&CAROL W BY DI. P•' OLL 11645 SW TERRACE TRAILS DR QUAIL 1:1 LOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 156:: SW • •TH AVE#311 G CITY,OR 97224 2-103C8-12600 2S103CB-05200 Q ••IL HOLLO - IGARD LLC SHELLEY JOHN C&MEE Y BY D •K P•• OLL 12163 SW HOLLOW LN QUAIL :t LOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 156:: SW •TH AVE#311 G CITY, O' 97224 2S 103C B-10300 2 S 103C D-04401 RATH DONALD& SIEG GARY&JULIE A COCHRAN BONNY E 11675 SW TERRACE TRAILS 12212 SW QUAIL CREEK LN TIGARD,OR 97223 TIGARD,OR 97224 , • 2S103CB-11800 2S103CB-11500 SMITH SHAWN TRAN HAI& 12218 SW HOLLOW LN TRAN TO OANH TIGARD,OR 97223 13450 SW 122ND AVE TIGARD,OR 97223 2S103C0-07600 2S103CB-11000 STEWART WILLIAM R AND LORENA R TRAN LAN A 13700 SW 118TH CT 12177 SW QUAIL CREEK LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00601 2S103CB-11700 STOCKAMP MIKE&SUE TRESTIK STEVEN W& 13465 SW HOWARD DR TRESTIK JILL M TIGARD,OR 97223 13402 SW 122ND AVE TIGARD,OR 97224 2S103CC-05300 2S103CA-01800 STOTLER JOHN A&CAROL L TUCKER ANTHONY K AND 13617 SW 121ST AVE JOYCE E TIGARD,OR 97223 13470 SW HOWARD DR TIGARD,OR 97223 2S103CC-10200 2S103CD-04500 STRENDING FAMILY TRUST ULLRICH RICHARD L BY STRENDING EDWARD TR SHARON L 13610 SW 122ND AVE 13500 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-01700 2S103CC-13700 SWOPES BRET AND LINDA S VIRNIG SEAN G&JUSTINE C 13440 SW HOWARD DR 12083 SW WHISTLERS LOOP TIGARD,OR 97224 TIGARD,OR 97223 2S103CB-11600 103CC-1480 TAYLOR JASON P& W TL WALK NO.2 MARIA SOLEDAD LALIA OW )OF LOT 71 13434 SW 122ND AVE TIGARD,OR 97223 2 3CD-057 2S103CC-14600 TIGA TY OF WILLIAMS EDWARD L& 131 S HALL BLVD WILLIE M D T ARD,0 97223 12051 SW WHISTLERS LOOP TIGARD,OR 97223 2S 3CC-1490 2S103CA-01900 TIGA OF WILLIAMS PETER ERNEST 131 HALL BLVD AND JEAN ARD,0' 97223 13430 SW 121ST TIGARD,OR 97223 2S1 CD-0720 2S103CC-12900 TIGA Y OF WILLIAMS VANCE&WENDY 131 HALL BLVD 12070 SW WHISTLER'S LOOP T ARD,0 97223 TIGARD,OR 97223 2S103CC-10400 WONG JENNIE M 13515 SW 122ND AVE TIGARD,OR 97223 2S103CC-05200 YOUNG STEVEN P 9745 HILL VIEW TER SALINAS,CA 93907 • , Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 fITV AC TIf ARfl _ fflJTRAI RJTCRCCTI:II PARTICC II•\r Irnln\cG4lin11o1,o1c\!`IT(`nn4rn1 rinn\ I IDPlATC1l• • 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 AFpxi;+e ate Box(%)Below 9 © NOTICE OF DECISION FOR MLP2006-00005/TINDALL PARTITION (File No/Name Reference) ❑ AMENDED NOFICE 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 June 1,2007,and deposited in the United States Mail on June 1,2007,postage prepaid. 1 (Person tha -• -d Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the I day of i LAD . ,2007. ORME R AMMO ,f NOTARY PUUUC-ORMGON , COMMISSION NO.403368 MY COMMISSION EXPIRES MARCH 21,2010 I1 1 ` I.• is Lit 0 ORE o My Commission Expires: c5 toil ! 0 EXHIBIT A 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: June 1,2007 FILE NUMBER: MINOR LAND PARTITION (MLP) 2006-00005 FILE NAME: TINDALL PARTITION REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. LOCATION: 13500 SW 121St Avenue;Washington County Tax Map 2S103CD Tax Lot 4500. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 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 JUNE 15, 2007. All comments should be directed to Cheryl Caines, Assistant Planner (x2437) 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 c he rylca tigard-or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION- MAKING PROCESS 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 JULY 3, 2007. IF YOU PROVIDE COMMENTS,YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRTI'IEN 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 DIREU ED 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 SUBMTI IED WRITIEN 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 FACI,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." -■.,11�.11�_ -, W. W JAMES RD .♦ . VICINITS'MAP 1 I I gle get MIT2006-00005 W MARION T ♦♦•' TINDALL .6 ... o PARTITIO N N r l ♦• • Ai LEGEND: ' . .♦ . SUBJECT "arMT Emma ,HI I R P �� Too..'. '11110 .40. • ill min hr MO 240 t10 400 Not .141.11 41/ R. I,1. •4111 r a Tt�:�a� rismoIWI ►. ram ■ ry:r o nt» •mmunpN• ebpnent •a Ode Jon V. )megA I - 2S103CC-10500 2S103CC-15000 EXHIBIT. 3 ABOUMENGEL HASSAN M BROWN DAVID R&SANTINA 13545 SW 122ND AVE 11685 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-10900 2 03CD-04800 ALBERT JASON J&ANGELA A BRO D D R&SANTINA 12165 SW QUAIL CREEK LN 1168 TERRACE TRAILS DR TIGARD,OR 97223 ARD,0 97223 2S103CB-05300 2S103CD-04400 ARELLANO RUBEN& BROWN MICHAEL J& CONDELEILANI RIES-BROWN JUNITA M 12175 SW HOLLWO LN 13530 SW 121ST ST TIGARD, OR 97223 TIGARD,OR 97223 2S 103C C-14000 2S 103CC-00900 ASHFORD DARIC UGREGGETTE L BRUMLEY SCOTT B&JANINE K 12075 SW WHISTLERS LOOP 12045 SW ROSE VISTA DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-01000 2S103CD-07900 BACON LEWIS J JOAN M BRUTCHER JACK L&MARTI E 12035 SW ROSE VISTA DR 13695 SW 118TH CT TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-04600 2S103CC-11900 BAKER THEODORE E BUSSANICH TYRON&JENNIFER 220 NW 72ND CIR 12050 SW WHISTLERS LP VANCOUVER,WA 98665 TIGARD,OR 97223 2S103CB-04700 2S103CA-01001 BECKER JEFFREY S&APRIL K CALLAWAY KEVIN JOHN&LORI F 12170 SW MARION ST 13345 SW HOWARD DR TIGARD, OR 97223 TIGARD,OR 97223 2S103CB-10700 2S103CB-05600 BERNARDY PAUL B&LINDY L CAPUA DEBRA S& 12162 SW QUAIL CREEK LN PITTS GERALD RNERNA J TIGARD, OR 97223 12201 SW HOLLOW LN TIGARD,OR 97223 2S103CB-10200 2S103CB-05500 BINTLIFF RHONDA&STEVE CASIAS DAVID J&LILIA M 13520 SW 122ND AVE 12199 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-04903 2S103CB-10800 BRIJESH REVOCABLE LIVING TRUST CHRISTOPHER CLINT ALLEN&AMAND BY BRIJESH ANAND TRUSTEE 12159 SW QUAIL CREEK LN 13613 SW 121ST TIGARD,OR 97223 TIGARD, OR 97223 .I' 2S103CC-13300 2S103C8-12000 CHURCH DOUGLAS A/JENNIFER L GOOLD SAMUEL L&SHERIE L 12078 SW WHISTLERS LOOP 12190 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-10100 2S103CC-13100 COMUNTZIS GLEN&POLLY ANN HALL ADRIAN WILLIS&NANCY JEAN 12220 SW QUAIL CREEK LN 12074 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CD-05400 2S103CD-05200 DEFRANG GARY R CAROLYN M HARGIS MARILYN L 11650 SW TERRACE TRAILS DR 11670 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S103C0-05100 2S103CA-02000 DOLESE JOHN W HAWKINS CYNTHIA J 11680 SW TERRACE TRAILS 13460 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00900 2S103CC-14200 DORRANCE THEODORE LEE& HOWELL DEAN M&SUSAN L ASPASIA DEMETRA 12071 SW WHISTLERS LOOP 13305 SW HOWARD DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CD-07800 2S103CC-13400 FORD FREDERIC C&MELISSA E HUI NAKITA A&DANNY T 11705 SW TERRACE TRAILS DR 12080 SW WHISTLER'S LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-00602 2S103CA-01600 FRANZ ROSEMARY B JOHNSON SIDNEY W&CHERYL R 10716 SE FOREST VIEW LN 13410 SW HOWARD DR HAPPY VALLEY, OR 97086 TIGARD,OR 97223 2S103CB-10400 2S103CB-06000 GADBERY MICHAEL K&CATHY A KEPHART PAUL W& 12192 SW QUAIL CREEK LN BRENDA J TIGARD,OR 97223 12249 SW HOLLOW LN TIGARD,OR 97223 2S103CA-01500 2S103CC-12200 GIBB JESSE L SHERON M KIM CHULL W&MIKYUNG L 13380 SW HOWARD DRIVE 12056 SW WHISTLER'S LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CD-05500 2S103CC-14500 GILBERTSON LISA& KIM DAVID J AMAYA PHIL 12053 SW WHISTLER'S LOOP 11640 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S 103CC-12600 2S103CB-11900 KOHLMAN ED H&KRISTIE J MCGUIRE WAYNE B& 12064 SW WHISTLERS LOOP ELDIEN PATRICE T TIGARD,OR 97223 12202 SW HOLLOW LN TIGARD,OR 97223 2S103CB-10500 2S103CC-00800 KRIEGEL JESS A&ROSEMARY A MCPHERSON LORIN 12186 SW QUAIL CREEK LN 12055 SW ROSE VISTA DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-05400 2S103CB-12300 KRUSE DAVID E MCQUILKIN ROGER W 12187 SW HOLLOW LN 12160 SW HOLLOW LN TIGARD, OR 97223 TIGARD,OR 97223 2S103CC-13500 2S103CB-10000 LE DAT T& MERCER STEPHEN J&RUTH DUONG THUAN 12252 SW QUAIL CREEK LN 12082 SW WHISTLER'S LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-10100 2S103CB-05800 LE DZUNG X& MILLS BRENT W&KIMBERLY A HUYNH HANG 12225 SW HOLLOW LN 12125 SW WHISTLERS LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-13900 2S103CD-04600 LITTMAN ALLAN&LORALEE MILLS GARY E 12077 SW WHISTLER'S LOOP 11635 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-14300 2S103CB-12100 LUBRANO OCTAVIO S&KALPANA P MITCHELL DENNIS J&SUSANA DEOC 12057 SW WHISTLER'S LOOP 12182 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-11400 2S103CC-12000 MALDONADO JEFFREY V/MARGARET I MONTOYA DENISE L 13482 SW 122ND AVE 12052 SW WHISTLER'S LP TIGARD,OR 97223 TIGARD,OR 97223 2S 103CC-13800 2S 103C B-11300 MALIHOLMOLOUK FAMILY REVOC MORI WAYNE H&DONNA S FAMILY TRUST 12213 SW QUAIL CREEK LN 12079 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S 103CA-00600 2S 103CC-13200 MAY WILLIAM A NAINENI MALAHAL R& 13375 SW HOWARD DRIVE ERRABELLI PRAVEENA TIGARD,OR 97223 12076 SW WHISTLER'S LOOP TIGARD,OR 97223 2S103CA-01400 2S103CB-12200 NGUYEN BICH LIEN THI PACHOLL DIANNA F& 13350 SW HOWARD DR PACHOLL RICHARD L TIGARD, OR 97223 12176 SW HOLLOW LN TIGARD,OR 97224 2S103CC-14700 2S103CB-04800 NGUYEN MINH ANH&TINA PARKER KIMBERLY A 8329 NE HANCOCK ST 13305 SW 121ST AVE PORTLAND,OR 97220 TIGARD,OR 97223 2S103CC-14100 2S103CC-12400 NGUYEN NGOC THU PARKER TREVOR L&DEBRA M 12073 SW WHISTLER'S LOOP 13620 SW PIPER TER TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-12300 2S103CC-12500 NGUYEN STEVEN LEE& PASERO MARK G&SHARON LE HUONG THI 12062 SW WHISTLERS LOOP 12058 SW WHISTLER'S LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-12800 2S103CC-13000 NIKSICH KEVIN G& PEIZNER MICHAEL J&UMBELINA 0 NIKSICH DEAN R WESTRAN 12072 SW WHISTLER'S LOOP 12068 SW WHISTLER'S LOOP TIGARD,OR 97223 TIGARD,OR 97224 2S103CA-00500 2S103CA-04100 NORRIS LONNIE D AND PENDLEY MARK A MARILYN M 11625 SW TERRACE TRAIL DR 13300 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-04500 2S103CD-05300 NORTON CLAYTON E PETERSEN DALE STEVEN&TRACY A 12210 SW MARION ST 11660 SW TERRACE TRAIL DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CD-08100 2S103CB-11200 OFFIELD HAROLD L&LAURIE J PETERSON MICHAEL D& 13755 SW 118TH CT PEGGY SUE TIGARD,OR 97223 12197 SW QUAIL CREEK LN TIGARD,OR 97223 2S 103C B-10600 2S103CC-14400 ORAMI AHMAD&MARYAM PETITJEAN ARNAUD/KIVIERA SKILES 12174 SW QUAIL CREEK LN 12055 SW WHISTLER'S LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-04400 2S103CA-00603 OWNBEY DAVID LLOYD& PETITT THOMAS J&ERIN D PATRICIA ANNE 13400 SW 121ST AVE 12230 SW MARION ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-11100 2S103CC-12100 PHAM RICHARD V RAY JOSEPH ENTERPRISES INC 12189 SW QUAIL CREEK LN 15990 SW SHEARWATER CT TIGARD,OR 97223 BEAVERTON,OR 97007 2S103CB-05900 2S 03CC-10300 PISTACCHIO JASON M&JULIE A RAY S ENTERPRISES INC 12237 SW HOLLOW LN 1599 HEARWATER CT TIGARD,OR 97223 VERTO ,OR 97007 2S103CD-04900 2S103CD-07700 PLUMMER TRENT A&SARAH M RONE CLIFFORD G AND 11695 SW TERRACE TRAILS DR CHARMINE L TIGARD,OR 97223 11715 SW TERRACE TRAILS DR TIGARD,OR 97223 2S103CD-05000 2S103CC-12700 POOR KATHLEEN MARIE SANDOZ MICHAEL S&CAROL D 11690 SW TERRACE TRAILS DR 12066 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CA-01300 2S103CB-05700 PURKEY MICHAEL R& SCHAEFER CHRISTOPHER J& BRENDA L KATHLEEN M 13320 SW HOWARD DRIVE 12213 SW HOLLOW LN TIGARD,OR 97223 - TIGARD,OR 97223 103CD-08600 2S103CD-08000 Q RA CORPORATION THE SCHIEBOLD HANS&SHARON R TRUST HA RN BUSINESS CENTER 13705 SW 118TH CT TIGARD,OR 97223 2S103CB-12800 2S103CD-07500 QUAIL HOLLOW-TIGARD LLC SCOLES HARRY C&BARBARA BY DICK PACHOLL 13750 SW 118TH CT QUAIL HOLLOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 15685 SW 116TH AVE#311 KING CITY, OR 97224 2S1 03C B-12700 2S 103CD-04700 QU L HOLLO -TIGARD LLC SEDGWICK WAYNE L&CAROL W BY DI P OLL 11645 SW TERRACE TRAILS DR QUAIL LOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 156 SW TH AVE#311 G CITY,OR 97224 2 103CB-12600 2S103CB-05200 Q •IL HOLLO - IGARD LLC SHELLEY JOHN C&MEE Y BY K P• • OLL 12163 SWHOLLOWLN QUAIL IA LOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 156;; SW •TH AVE#311 G CITY, O• 97224 2S103CB-10300 2S103CD-04401 RATH DONALD& SIEG GARY&,JULIE A COCHRAN BONNY E 11675 SW TERRACE TRAILS 12212 SW QUAIL CREEK LN TIGARD,OR 97223 TIGARD,OR 97224 2S 103C B-11800 2S 103CB-11500 SMITH SHAWN TRAN HAI& 12218 SW HOLLOW LN TRAN TO OANH TIGARD,OR 97223 13450 SW 122ND AVE TIGARD,OR 97223 2S103CD-07600 2S103CB-11000 STEWART WILLIAM R AND LORENA R TRAN LAN A 13700 SW 118TH CT 12177 SW QUAIL CREEK LN TIGARD, OR 97223 TIGARD,OR 97223 2S103CA-00601 2S103CB-11700 STOCKAMP MIKE&SUE TRESTIK STEVEN W& 13465 SW HOWARD DR TRESTIK JILL M TIGARD,OR 97223 13402 SW 122ND AVE TIGARD,OR 97224 2S103CC-05300 2S103CA-01800 STOTLER JOHN A&CAROL L TUCKER ANTHONY K AND 13617 SW 121ST AVE JOYCE E TIGARD,OR 97223 13470 SW HOWARD DR TIGARD,OR 97223 2S103CC-10200 2S103CD-04500 STRENDING FAMILY TRUST ULLRICH RICHARD L BY STRENDING EDWARD TR SHARON L 13610 SW 122ND AVE 13500 SW 121ST AVE TIGARD, OR 97223 TIGARD,OR 97223 2S103CA-01700 2S103CC-13700 SWOPES BRET AND LINDA S VIRNIG SEAN G&JUSTINE C 13440 SW HOWARD DR 12083 SW WHISTLERS LOOP TIGARD,OR 97224 TIGARD,OR 97223 2S103CB-11600 103CC-1480 TAYLOR JASON P& W TL WALK NO.2 MARIA SOLEDAD LALIA OW )OF LOT 71 13434 SW 122ND AVE TIGARD,OR 97223 2 3CD-057 2S103CC-14600 TIGA TY OF WILLIAMS EDWARD L& 131 S HALL BLVD WILLIE M D T ARD,0 97223 12051 SW WHISTLERS LOOP TIGARD,OR 97223 2S 3CC-1490 2S103CA-01900 TIGA Y OF WILLIAMS PETER ERNEST 131 HALL BLVD AND JEAN ARD,O 97223 13430 SW 121ST TIGARD,OR 97223 2S1 CD-0720 2S103CC-12900 TIGA Y OF WILLIAMS VANCE&WENDY 131 HALL BLVD 12070 SW WHISTLER'S LOOP T ARD,0 97223 TIGARD,OR 97223 2S103CC-10400 WONG JENNIE M 13515 SW 122ND AVE TIGARD,OR 97223 2S103CC-05200 YOUNG STEVEN P 9745 HILL VIEW TER SALINAS,CA 93907 Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CITY AC TI!_APfl _ IPJTRAI I1,1TCRC(TC11 DAMP( Ii•\niirnin1onftsn1kaknIc\r`IT r`cn+r,I •1nr•\ I IDfIATCfl• 10_RAw_rlq Caffall Construction Ann: Karen Tindall MLP2006-00005 8555 SW Sagert Street TINDALL PARTITION Tualatin, OR 97062 Sharon L. and Richard L. Ullrich 13500 SW 12151 Avenue Tigard, OR 97223 W. B. Wells &Associates,Inc. Attn: Mark Person 4230 NE Fremont Street Portland,OR 97213 AFFIDAVIT OF MAILING gig IGARD 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 tTigard,Washington County,Oregon and that I served the following: { B..(,) a, © NOTICE OF DECISION FOR MLP2006-00005/TINDALL PARTITION (File 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 July 6,2007,and deposited in the United States Mail on July 6,2007,postage prepaid. Sr4110i/1 , (Person°t P -.ared Notice) / STATE OF OREGON County of Washington ss. City of Tigard ' Subscribed and sworn/affirmed before me on the —( da : - __ , 2007. 1 OFFICIAL SEAL NOT/4W PUBLIC-ONEOON COMMISSION NO.VMS MY COMMISSION EXPIRES MARCH 21,2010 NOTARY PUBLI F ORE ON My Commission Expires: '1 I 6 EXHIBIT A NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2006-00005 TINDALL PARTITION 120 DAYS =9/15/2007 SECTION I. APPLICATION SUMMARY FILE NAME: TINDALL PARTITION CASE NOS: Minor Land Partition(MLP) MLP2006-00005 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. APPLICANT: Caffall Construction APPLICANT'S W.B.Wells &Associates,Inc. Attn:Karen Tindall REP: Attn: Mark Person 8555 SW Sagert Street 4230 NE Fremont Street Tualatin,OR 97062 Portland,OR 97213 OWNER: Sharon and Richard Ullrich 13500 SW 1215[Avenue 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: 13500 SW 121st Avenue;Washington County Tax Map 2S103CD Tax Lot 4500. APPLICABLE RE VIE W CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795,and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above Minor Land Partition request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 1 OF 18 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: 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: 1. Prior to final plat, the applicant must record and provide a copy to the City of a reciprocal easement ensuring access and maintenance nghts for the common dnve for Parcels#2 and#3. 2. Prior to final plat, the applicant shall submit to the City a letter from Tualatin Valley Fire & Rescue demonstrating that the anyT F&R requirements for the proposed development have been met. 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,DEPARTMENT, ATTN: MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 3. A Public Facility Improvement (PFI) permit is required for this project to cover connections to public utilities 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). 4. 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 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. 5. 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. 6. 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 o building permits. 7. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). 8. The applicant shall pay the fee-in-lieu of half-street improvements or submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicates that they will construct ahalf- street improvement along the frontage of 121 Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a Collector street from curb to centerline equal to 23 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond-the site frontage; G concrete curb,or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6 foot concrete sidewalk with a 5 foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; I� streetlight layout by applicant's engineer,to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 2 OF 18 K. driveway apron(if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW 12155 Avenue in a safe manner, as approved by the Engineering Department. 9. The applicant's plans shall be revised, if the fee-in-lieu is elected, to show the construction of an on-site turnaround for the existing driveway to eliminate vehicles backing onto 12151 Avenue. The revised plans shall be submitted with the PFI Permit application. 10. Lots 2 &3 shall not be permitted to access directly onto 121st Avenue. The applicant shall cause a statement to be placed on the final plat that prohibits access onto 121st Avenue from lots 2 &3. 11. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common dnveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 12. 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). C The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) Washington County,and by the City of Tigard. D. The right-of-way dedication or 121St Avenue, providing 35 feet from centerline, shall be made on the final,plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and-County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 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 issuance of building permits,the applicant shall: A. Submit site plan drawings showing the accurate location of the trees that were preserved,the location of tree protection fencing, and the location of mitigation trees, if any. Attach copy of the approved Tree Protection Plan. B. Submit a statement and signature of approval from a certified arborist regarding the siting and construction techniques to be employed in building the houses with respect to any protected trees on site. NOTICE OF DEQSION MLP2006-00005/TINDALL PARTITION PAGE 3 OF 18 C. Install required tree protection fencing as specified by the project arborist and call for an inspection by the City Arborist. 16. Prior to issuance of building permits, for dwellings greater than 1-1/2 stories or 25 feet in height,the applicant shall demonstrate that 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 wiL be preserved. 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 -EPARTMENT, ATTN: -KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 17. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 18. Prior to issuance of building permits, applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mar 2) a diskette of the as-builts in"DWG" format,if available;otherwise "DXF" will be acceptable, and 3) the as-kuilt drawings shall be tied to the City's GPS network The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). 19. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 20. The fee-in-lieu of half-street improvements must be paid prior to issuance of building permits. The amount to be paid is $22,500.00. 21. The applicant shall either place the existing overhead utility lines along SW 121S` Avenue underground as a part of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be$3,150.00 and it shall be paid prior to issuance of building permits. 22. Prior to issuance of the building permit for Parcels 2 &3,the applicant shall pay the standard water quality and water quantity fees per lot(fee amounts will be the latest approved by CWS). 23. Prior to issuance of building permits the applicant shall pay the Sewer Reimbursement fee of$5,304.20. 24. Prior to issuance of building permits the existing home must be connected to the public sewer and the septic system decommissioned according to current regulations. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL INSPECTION: 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: 25. Prior to final inspection, the applicant shall provide screening of the proposed access along the eastern boundary of proposed Parcel#3 in accordance with Sections 18.745.04E 26. Prior to final inspection,the applicant shall plant street trees pursuant to TDC Section 18.745.040.C. 27. Prior to final ins ection, the applicant shall record a deed restriction to the effect that any existing tree greater than 12 inches 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. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 4 OF 18 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 property was developed in 1955 with a single-family dwelling,which is proposed to be retained on Lot 1. Site Information and Proposal Descriptions The subject .89-acre (38,741 square feet) site slopes gently from a 298-foot elevation on the west to a 292-foot elevation on the east. The site is bordered by SW 121st on the west,Whistler's Walk No. 2 subdivision on the south, the Woodcrest subdivision on the north, and a single-family dwelling on the east.Vegetation on the site includes lawn, shrubs, and approximately 23 trees, 10 of which are greater than 12 inches in diameter and in healthy condition. The applicant requests approval to partition the subject .89-acre lot into three (3) parcels for detached single-family residences. The size of the proposed lots is 10,274 square feet, 12,480 square feet,and 14,634 square feet. The existing single-family home will remain on the proposed 12,480-square foot frontage lot on SW 121S`Avenue. Proposed lots 2 and 3 will share a common driveway accessed from SW Piper Terrace, a pnvate street connected to SW 121St Avenue by SW Whistler's Loop. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. The City received one written comment from Steven Nguyn who lives south of the subject property and adjacent to SW Piper Terrace. He questioned how close the proposed properties would be to his home,what street will access the proposed lots, whether the partition would affect his property line, and how the trees near his property would be affected. RESPONSE: Mr. Nguyn's property is located south of and adjacent to proposed lot 3. Lot 1 would be accessed from SW 121St Avenue; Lot 2 and 3 would be accessed by the existing�SW Piper Terrace, located along Mr. Nguyn's eastern property line. The proposed land partition would not change Mr. Nguyn's property line, which was established by the plat for Whistler's Walk No. 2. According the applicant's Tree Plan Sheet 4 of 4),the 21- inch Spruce tree located adjacent to Mr.Nguyn's property is scheduled to be retained. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 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 criterion is met. All proposed improvements meet City and applicable agency standards;and NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 5 OF 18 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 permit 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. 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 average minimum lot width required for the R-4.5 zoning district is 50 feet. The average width for Parcel# 1 is 87 feet,parcel#2 is 83 feet,and Lot#3 is 67 feet. 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 lots that range between 10,274 and 14,634 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 Preliminary Plat illustrates that the proposed arcels meet this standard as Parcel # 1 has 91 feet of frontage on SW 1215` Avenue; Parcels #2 and #3 share a 15-foot access easement off of SW Piper Terrace, a private street created with the Whistler's Walk No. 2 subdivision for the benefit of access to Tract B City of Tigard water quality facility) and the subject property(under Deed Document 98069648). Setbacks shall be as required by the applicable zoning district. The setbacks for the R-4.5 zoning district are as follows: front = 20 feet;side = 5 feet; side on a corner = 15 feet; and rear =15 feet. The existing house on Parcel # 1 is proposed to remain. According to the applicant's Preliminary Plat (Sheet 1 of 4) the setbacks for the existing house on-Parcel# 1 and the proposed building envelopes on Lots#2 and#3 meet these criteria. As indicated in Table 18.510 below, setback standards for proposed Parcels #2 and #3 will be reviewed at the time of building permit submittal and the proposed building envelope shows these standards can be met,consistent with this standard. 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. Proposed Parcels #2 and #3 are flag lots. As shown in the Preliminary Plat (Sheet 1 of4) the building envelopes show 10-foot side yard setbacks,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 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed joint access includes an access easement over Parcel#3 for the benefit of Parcel#2. This 15-foot by 56- foot easement is located adjacent Tax Lot 4401. Therefore,the applicant shall provide screening of the proposed access along the eastern boundary of proposed Parcel#3 in accordance with Sections 18.745.040. 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. One fire hydrant exists within 200 feet of proposed Parcel # 1 on SW 121st Avenue, and approximately 500 feet proposed Parcels #2 and #3 via SW Whistlers Loop. Tualatin Valley Fire and Rescue was notified but has not commented on the subject proposal. Prior to final plat, the applicant shall submit to the City a letter from Tualatin Valley Fire &Rescue demonstrating that the any TVF&R requirements for the proposed development have been met. NOTICE'.OF DEQSION MLP2006-0■005/TINDALL PARTITION PAGE 6 OF 18 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. A common driveway is proposed to serve both Parcels #2 and#3. Therefore,the applicant must record and provide a copy to the City of a reciprocal easement for the common drive ensuring access and maintenance rights. Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Circulation. As addressed later in this decision under Chapter 18.705 (Access,Egress and Circulation),the proposed access does not meet the applicable standards but can meet them with applicable conditions of approval. 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 property is located approximately 4,000 feet southwest of the one-hundred-year floodplain located in the vicinity of SW 114 Terrace and SW Walnut Street. The flood elevation closest to the parcel is 161 feet; the parcel elevation is 292 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 application does not include any variances requested from the standards in the land partition chapter. Therefore, this standard does not apply. FINDINGS: The proposed minor land partition meets, or can meet all of the applicable standards of the land partition section as indicated in the above findings and following sections of this decision, provided the following conditions of approval are met CONDITIONS: Prior to final plat, the applicant must record and provide a copy to the City of a reciprocal easement for the common drive ensuring access and maintenance nghts. Prior to final plat, the applicant shall submit to the City a letter from Tualatin Valley Fire & Rescue demonstrating that the any TVF&R requirements for the proposed development have been met. Prior to final inspection, the applicant shall provide screening of the proposed access along the eastern boundary of proposed Parcel#3 in accordance with Sections 18.745.040. NOTICE OF DEQSION MLP200600005/TINDALL PARTITION PAGE 7 OF 18 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 Parcel 3 Minimum Lot Size -Detached unit 7,500 sq.ft. 12,480 sq.ft. 14,634 sq.ft. 10,274 sq.ft. -Duplexes 10,000 sq.ft. -Attached unit Average Minimum Lot Width -Detached unit lots 50 ft. 87 ft. 83 ft. 67 ft. -Duplex lots 90 ft. -Attached unit lots Maximum Lot Coverage - NA NA NA Minimum Setbacks - Front yard 20 ft. 50 ft. 20 20 - Side facing street on corner&through lots 15 ft. NA NA NA - Side yard 5 ft. 15/11 ft. 10/10 10/10 - Rear yard 15 ft. 30 ft. 15 15 - Side or rear yard abutting more restrictive zoning district -- NA NA NA - Distance between property line and front of garage 20 ft. NA >20 ft. >20 ft. - Side Yard Setbacks for Flag Lots [TDC 10 ft. NA 10 10 18.420.050(A)(4)(e)] Maximum Height 30 ft.[1] existing <or=30 ft. <or=30 ft. Minimum Landscape Requirement _ - NA NA NA [1]Parcels#2 and#3 are flag lots and may be subject to height limits depending on location and height of adjacent development. FINDING: No specific development is proposed for Parcels #2 and #3. However, the proposed building envelopes shown on the Preliminary Plant (Sheet 1 of 4) demonstrate that the applicable setbacks can be met. As demonstrated in the above table, the development standards of the R-4.5 zone can be met. 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 provisions and maintenance of access and egress stipulated in this title are continuing requirements of 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. A preliminary sight distance certification was submitted by W.B. Wells &Associates, Inc., dated April 16, 2007. The sight distance was measured for the access onto 121st Avenue,which is classified as a Collector on the City's TSP. The speed limit along 121st Avenue is 35 mph, requiring 350 feet of sight distance in both directions. The engineer states that the sight distance was measured to be 546 feet to the northeast of the access and 675 feet to the southwest of the access,thereby meeting the sight distance requirement. 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 be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from arty Engineer review of a traffic impact report submitted by fe 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. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 8 OF 18 This property is located on 121st Avenue where Quail Creek Lane intersects it from the west. The throat of the existing dnveway overlaps with the right-of-way line of Quail Creek Lane. There are no opportunities to move it any further away from the intersection. Another option is to move the driveway such that the centerline of the driveway aligns with the centerline of Quail Creek Lane. This would move the dnveway 30 feet south west and would not provide significant or even measurable safety improvements at this time. In order to provide safety improvements,the applicant will be required to provide an on-site turnaround,per 18.705.030.G.2, as discussed in the next section of this report. A capital improvement project by the City of Tigard will include the reconstruction of the driveway. The driveway will be relocated at that time. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The applicant has proposed to move the existing driveway to align with Quail Creek Lane. This alignment does not require an adjustment to the spacing standard. Staff, however, has determined that the driveway should remain in its current location until frontage improvements are done by the applicant,the City's CIP Division or another party. In order to leave the driveway in its current location, 18.705.030.G.2 requires mitigation for any safety or neighborhood traffic management impacts deemed applicable by the City Engineer. In this case an on-site vehicle turnaround will be required to eliminate the need for a vehicle to back out onto the roadway. The applicant's plans shall be revised to provide the on-site turnaround and submitted with the PFI Permit application for review and approval. Lots 2 &3 will not be allowed to have access to 121st Avenue. The applicant shall cause a statement to be placed on the final plat that prohibits access onto 121st Avenue from lots 2 &3. 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, 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. A common driveway is proposed to serve both parcels #2 and#3.The applicant has been required through a condition of approval earlier in this decision to record a reciprocal easement for the common drive ensuring access and maintenance rights and provide a copy to the City,consistent with this standard. 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. The proposed driveways will connect directly with SW 1215` Avenue and SW Piper Terrace and be maintained at the required standards on a continuous basis as conditioned in the joint access agreement,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. The proposed parcels will have access to SW 121' Avenue and SW Piper Terrace. Comments received from Tualatin Valley Fire and�escue state that there are no conflicts with these proposed accesses.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 distance between SW Whistler's Loop and parcel #2 is approximately 180 feet. SW Piper Terrace provides a hammerhead turnaround at approximately 110 feet that meets the applicable standards for width and depth.Cross slope is approximately 10 percent,which does not meet the standard.However Tualatin Valley Fire &Rescue in their July 2, 2007 comment letter, did not address this as an issue of concern for the subject partition proposal. Therefore, this standard is met. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 9 OF 18 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. Tualatin Valley Fire &Rescue comments did not address the proposed driveway access to Lot# 1 or flag access to Lot #2 and otherwise endorsed the roposal. In addition, sight distance and visual clearance areas will be required at the proposed access location on SW 121st Avenue.Therefore,this standard has been met. FINDING: The standards of the Access Management chapter(18.705) have not been met, but can be met with the following condition of approval. CONDITIONS: The applicant's plans shall be revised if the fee-in-lieu is elected to show the construction of an on-site turnaround for the existing driveway to eliminate vehicles backing onto 121st Avenue. The revised plans shall be submitted with the PFI Permit application. Lots 2 & 3 shall not be permitted to access directly onto 121st Avenue. The applicant shall cause a statement to be placed on the final plat that prohibits access onto 121st Avenue from lots 2 &3. 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 description 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 presidential 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 .89-acre parcel totals 38,741 square feet. There are no sensitive land areas, parks, or private streets within the subject proposal. To determine the net developable area, the square footage to accommodate the existing house on Parcel # 1 (12,480 square feet) and the SW 121st Avenue nght-of-way dedication (1,352 square feet) are deducted (38,654 gross sqquare feet - 13,832 square feet deductions =24,909 net developable square feet). As the minimum lot size for the R-4.5 zone is 7, _.500 square feet, the maximum number of additional lots is three. The minimum number of additional lots is two. The proposed partition creates two additional lots, three (3) lots in total,consistent with the density computations standard. FINDING: Based on the analysis above,the Density Computation Standards have been met. Exceptions to Development Standards (18.730): Building heights and flag lots. Limitations on the placement of residential structures on flag lots apply when any of the following exist: a. A flag lot was createdpprior 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. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 10 OF 18 • The subject partition request would create flag lots after April 15, 1985. Therefore, the limitations on placement of residential structures on flag lots are applicable. 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: 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. FINDING: According to the applicant's narrative, any future dwellings will comply with the applicable dimension requirements of the R-4.5 zoning district. Ten foot side pya are proposed and shown with building envelopes on the Preliminary Plat (Sheet 1 of 4). Thedexisting dwellings to the south of proposed Lot#3 exceed 1-1/2 stones and 25 feet in height.The existing structures on tax lots 1800 and 1700 to the north and tax lot 4401 to the east are over 50 feet away from the propose building envelopes for this site. The applicant has agreed to plant trees to mitigate direct views,if necessary. CONDITION: Prior to issuance of building permits, for dwellings greater than 1-1/2 stories or 25 feet in height,the applicant shall demonstrate that windows 15 feet or more above rade 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. Landscaping and Screening(18.745): 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 The subject site includes frontage on SW 1215[ Avenue. The required trees shall be planted in accordance with the standards for size and spacing in this title,under Section 18.745.0400 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 is required for the proposed land partition. FINDING: All of the landscape standards have not been met. However, with a condition of approval requiring planting of street trees along SW 1215L Avenue,the criteria can be met. CONDITION: Prior to final inspection, the applicant shall plant street trees pursuant to TDC Section 18.745.040.C. Off-Street Parking and Loading Requirements (18.765): Section 18.765.020.A states that at the time of die erection of a new structure within any zoning district, off- street vehicle parking will be provided in accordance with Section 18.765.070 (minimum and maximum parking requirements). i For single-family dwellings, one parking space per dwelling unit is required. The applicant acknowledges this requirement. In addition,compliance will De regulated at the time of building permits. Therefore,this criterion is met. NOTICE OF DEQSION MLP2006-00005/TINDALL PARTITION PAGE 11 OF 18 • FINDING: Based on the findings above,parking and loading requirements have been met. 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 submitted a tree plan (Sheets 4 and 4) and an arborist report dated December 11,2006,prepared by a certified arborist, Robert Mazany. The applicant's Existing Conditions plan identifies a total of 23 trees greater than 6 inches DBH on the subject site. Of this total, 13 trees are healthy and greater than 12 inches in diameter, 10 of which will be retained (76%). A retention rate of reater than 75% requires no mitigation. Trees numbered 161, 162, 167, 169, 170,224,226,and 227 will be retained as shown on the tree protection plan. FINDING: Based on the analysis above, the Tree Removal Standards have been met. To ensure trees are protected throughout building construction, the following conditions of approval shall be required: CONDITIONS: Prior to issuance of building permits,the applicant(developer or builder) shall: A. Submit site plan drawings showing the accurate location of the trees that were preserved and the location of tree protection fencing. Attach copy of the approved Tree Protection Plan. B. Submit a statement and signature of approval from a certified arborist regarding the siting and construction techniques to be employed in building the house with respect to any protected trees on site. G Install required tree protection fencing as specified by the project arborist and call for an inspection by the pity Arborist. Prior to final inspection, the applicant shall record a deed restriction to the effect that any existing tree greater than 12 inches 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 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. The appplicant's preliminary plat shows the vision clearance triangle for the private street onto SW 121" Avenue for parcel#11,consistent with this standard. FINDING: Based on the analysis above,Staff finds that the Vision Clearance Standards are met. 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: 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. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 12 OF 18 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 property dedication is not roughly proportional to the projected impacts of the development. Section 18.390.040 states that when a condition of approval requires the transfer to the i 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's representative submitted an imp act study. The applicant specifically agrees to provide the required dedication and half street improvements to SOU 121st Avenue. The applicant will be extending storm drainage connections to parcels #2 and#3 to account for the additional impervious area being added to the site.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. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay a TIF's of $3,020 for each of the proposed new dwelling units on Parcels#2 and#3,totaling$6,040. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 rcent of this project's traffic impact is $18,875 ($6,040 divided by.3 difference between the TIF paid,and the full impact,is considered the unmitigated impact on the street system. e unmitigated impact of this project on the transportation system is $12,835 ($18,875-$6,040).The applicant has concurred with the dedication of additional right-of-way along SW 121st Avenue (approximately 1,365 square feet) for future road improvements. At $3 per square foot for residentially zoned land,the value of the dedication would be approximately$4,095. In addition, the value of the 121St Avenue half street improvements is approximately$22,750 ($250/lineal foot x 91 lineal feet). Estimated Value of Impacts Full Immppact... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $18,875 Less '1TN Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 6.040 Unmitigated Impacts $12,835 Less Dedication of SW 121St Avenue Right-of-Way 4,095 Less Estimated Value SW 121St Avenue Street Improvement Costs 22,500 Estimated Value of Unmitigated Impacts -$13,760 FINDING: The applicant specifically concurs with the 121St Avenue right-of-way dedication and payment for improvements required to satisfactorily address the standards of Chapter 18.810. A portion of the $6,040 TIF assessment may be creditable. Therefore, although the dedication and improvements may or may not be roughly proportional depending on TIF credits and costs, they are required to approve the proposed minor land partition. 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 collector street to have a 70-foot right-of-way width and 46-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways,underground utilities,street lighting,storm drainage,and street trees. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 13 OF 18 This site lies adjacent to SW 121st Avenue,which is classified as a Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 35 feet from centerline. SW 121st Avenue is currently partially improved. In order to mitigate the impact from this development,the applicant should either construct half-street improvements or pay a fee-in-lieu of constructing the improvements. If the tee-in- lieu option is selected,the amount shall be $22,500.00,paid prior to issuance of building permits. The improvements to 121st Avenue whether constructed or the fee-in-lieu paid towards a CIP project, are TIF creditable. Tie TIF credits are based on the Washington County Traffic Impact Fee Procedures Manual. If the applicant chooses to pay the fee-in-lieu of constructing the half.street improvements the existing driveway can remain where it is, but an on-site turnaround must be provided. This turnaround needs to be large enough uat a vehicle can maneuver on-site to eliminate backing nto a Collector, as required by 18.705.030.G.2. The applicant shall submit revised driveway and turnaround plans to-EEngineering with the PFI Permit application. 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. Due to existing development there are no opportunities for future streets or street extensions. 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 mutes 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. It is not possible to redesign or reconfigure the existing street pattern to provide required extensions. 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. No new streets are being created with this partition.Therefore,this standard is not applicable. NOTICE OF DECISION MI-P2006-00005/TINDALL PARTITION PAGE 14 OF 18 • 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. Similarly,since no streets are being proposed,and no connections are required,this standard is not applicable. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. All proposed parcels have lot depths less than 2.5 times the average width,consistent with 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. Proposed Parcel # 1 has a frontage of 91 lineal feet on SW 121' Avenue; as shown in the applicant's Preliminary Plat (Sheet 1 of 4), proposed Parcels #2 and #3 have a 15 foot wide access easement fronting onto SW Piper Terrace.Therefore,this cntenon is met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant will either construct half-street improvements along their 121st Avenue frontage or pay the fee-in-lieu, either of which will satisfy 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. The applicant's plans indicate the existing home will be connected to the public sewer line in 121st Avenue. This property is included in Sewer Reimbursement District 30. Prior to issuance of building permits the reimbursement fee of $5304.20 must be paid and the existing home must be connected to the public sewer. The fee amount increases by 6.05% yearly with the adjustment made again on March 8,2008. The two proposed lots are shown on the plans to be served by separate laterals from the public sewer line in Piper Terrace. 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 drainage ways that impact this development. NOTICE OF DEQSION MLP2006-00005/TINDALL PARTITION PAGE 15 OF 18 • 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 C aty 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 City does not require on-site detention for small developments like minor land partitions. Therefore, the applicant's plans indicating the two new parcels discharging storm runoff to the existing public storm line in Whistler's Loop is acceptable. 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 theture extension of such bikeways through the dedication of easements or right-of-way. The City of Tigard's TSP indicates 121st Avenue is a bicycle facility. The applicant shall provide bicycle striping with half-street improvements or with the fee-in-lieu. 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 121st Avenue,but on the west side of the street. The frontage along this site is 90 linen-feet;therefore the fee would be $3150.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The City of Tigard provides service in this area. NOTICE OF DECISION MLP2006-00005/TINDALL PARTITION PAGE 16 OF 18 • 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 r 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 Parcels 2 & 3. 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 Tee 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. The applicant's engineer shall submit an erosion control plan prior to issuance of permits. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary(USB). An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City pnor to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicant's final plat shall contain State Plane Coordinates 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 City of Tigard Building Department has reviewed the proposal and has no objection to it. City of Tigard Police Department has reviewed the proposal and, upon explanation of the proposed access by planning staff, had no issues with the proposed minor land partition. SECTION VII. AGENCY COMMENTS Clean Water Services (CWS) submitted a Service Provider Letter dated December 5, 2006 (06-003551) which determined no sensitive areas were identified within 200 feet of the subject site. NOTICE OF DEQSION MLP200600005/TINDALL PARTITION PAGE 17 OF 18 Tualatin Valley Fire and Rescue has reviewed the proposal and provided the following comments and conditions. 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: 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()) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (IFC B105.1) 2. FIRE HYDRANTS - ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (IFC 508.5.1) 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 JULY 6,2007 AND BECOMES EFFECTIVE ON JULY 21,2007 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 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 JULY 20,2007. stions: Ie any questio ,please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at(50 9-4171.,E q July 3,2007 PREPAREY: Gary Pagenstecher DATE Associate Planner Af Ato Cie- July 3,2007 APPROVED BY: Richard Be ers•crff DATE Planning .ger i\cucpin\gary\minor land panition\mlp2007-00008(hansen\m1p2007-00008 decision.doc NOTICE OF DEQSION MLP2006-00005/TINDALL PARTITION PAGE 18 OF 18 CITY of TIGARD JAMESRD GEOGRAPHIC INFORMATION SvSTEM _i" ITY �-- D VICIN MAP ( j MLP2006-00005 w MARION ST � 1-- 7'INDALr� : TbN r •110111611111 111111111W • am 1 17 1r iq 4,----;;;0 .i---- -'r-. N " Ro j �t` _, : 7t 90NA • --R 111 I 3, ,, L•� mo H ISTLR S P .AIRVEW LN Tigard Area Map II . N w I IJH s � n o 160 z 3 3� F. ,'=3l)9feet NI . ‘ wow ■ 1"i I R ~ Information on this map is for general location only and should be verified with the Development Services Division.CO ` , t �j 13125 SW Hall Blvd 11111 r Tigard,OR 9 r r (503)639-4171 GAARDf1Up:,IWWW.C.f gard.OT.G3 Community Development Plot date:Jun 1,2007;C:lmagic\MAGIC03.APR I I 1 W.B.i I TINDALL PARTITION WELLS •a.....,-.4.. .0,0wc.JW00NM , /./y9na.IMq11sY .edrr,oae.rv„ L ; _ / ,-Og11EP" fefw, ��(4, / 4 VIC/NITYMAP �. / .3 rE. TAX LOT ,., • 4.�• . ......\ \ ��. b/ w...�. .0'1:';.;1•2--,. 7000 - s '1".....1•!..,1%. .0 .r ..L�_ . 1 / I - i , 's'r TAX 1• . •-- 1y"• "•2 r ytiti" t Q�, , �� �� ��_ / F 1... , t. ,,ate ORFA moo mot if*AOKI/ 15-HOT ROrt-OF-' S `• / / //` `-__.Er76 TAX LOT ::,-\\y i,;�: E:j' ,'i'6'N-.: SITE...7'�.I . {;M:>•.:,`�d.•r ,.". Fii�^/"E rZ 0.' DEDICA101 \ Y / r.. ,;V u �7/!G'r ,1+" / 6 k.'' /' 'a`:"*-.<a, PARCEL 1 / inn % "9�J� ';•rJ�I,;LI1 � ` `,-,. y .•.;_ X∎-.1 c4.1a4 .?f 12,480 S.F. / / `-�� n.-+''I,; 'w • '• •: ;± Caffall Construction EXHIBIT 'b Attn: Karen Tindall MLP2006-00005 8555 SW Sagert Street TINDALL PARTITION Tualatin, OR 97062 Sharon L. and Richard L. Ullrich 13500 SW 121' Avenue Tigard, OR 97223 W. B. Wells &Associates,Inc. Attn: Mark Person 4230 NE Fremont Street Portland, OR 97213 Steven Nguyen 12058 SW Whistler's Loop Tigard, OR 97223 AFFIDAVIT OF POSTING NOTICE �--11111 -0.51 OF A LAND USE PROPOSAL TIGARD IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: MLP2006-00005 Land Use File Name: TINDALL PARTITION I, Cheryl Gaines. Assistant Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) 3500 6(A) lA is f � , and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory a copy of said notice being hereto attached and by reference made a part hereof, on the *It' day of Jun 4- ,2007. Cl.,2.4..5(C, a Signature nf Person Who Performed Posting h:\login\patty\masters\affidavit of posting for applicant to post public hearing.doc I TINDALL P MINOR LAND PARTITON (MLP) 2006-00005 REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. LOCATION: 13500 SW 121' Avenue; Washington County Tax r ip 2S103CD Tax Lot 4500. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18,765, 18.790, 18.795 and 18.810. Further information may be obtained from the Planning Division (staff contact: Cheryl Caines, Assistant Planner (x2437) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to cherylcga tgard-or.gov. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. _ I f J CITY of TIGARD wMARION ST OEOORAPNIC INFORMATION SYSTEM III .� AREA NOTIFIED �..aN. 7 511991016N 494 (500') �� 731070800/00 7f197CI611N i „ mu41oosu ram 70115 11 i . . • , .ie�— up, 73,07,1,,7,0 mN9.n1N mu FOR: Mark Person III II W ; 1pm30! !!i RE: 2S 103CD, 4500 ,-... iv 751100----1-- I n1C3C0176tl . ISMISIIIMI 15107CBI0000 751070010100 ail 70107001• 731034101700 Property owner information PAM :ON �`\� , lttNN Is valid for 3 months from auass rse ` mlmlwN tlle dote printed on this map. aM. mamma ■ 7s1o7coaaloo PR ```` stueusNl -' all 7s1o7DC957N 1111 NNIMIIaI a mr1 II ■ 75107CC77100 - _ 73WCC1f0in 7310700 1170, 7519 CAB00 - ` rilue9naN ■9INNwIw •/�7/^c ` ir 111,^• t5107CCIN1,6 . STLER'S ` 7fIQ71115 ,1,ug �A 75 1 ,4 '- 11111: MP 1111 Illp 4i,iiii iIIRJEIP! in" 75117CC17701 """""a AIRVIEW N 77113tC17/81 15107CC17f9 :NUS L 0 100 200 300 FMI la- � tt 1"=232 feet St 0 _ , All”V"' I.ill ■ CA 111, .!:It a 1111 1 Information on this map is for general location only and should be verified with the Development Services Division. • � 13125 SW Hall Blvd Tigard.W OR 97223 (503)639-4171 I http://wmv.ci.lipard.or.us Community Development Plot date:May 14,2007;C:lmagic MAGIC03.APR • 2S103CC-10500 2S103CC-15000 ABOUMENGEL HASSAN M BROWN DAVID R&SANTINA 13545 SW 122ND AVE 11685 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-10900 2 03CD-04800 ALBERT JASON J&ANGELA A BRO D ID R&SANTINA 12165 SW QUAIL CREEK LN 1168 TERRACE TRAILS DR TIGARD,OR 97223 ARD,0 97223 2S103CB-05300 25103CD-04400 ARELLANO RUBEN& BROWN MICHAEL J& CONDELEILANI RIES-BROWN JUNITA M 12175 SW HOLLWO LN 13530 SW 121ST ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103CC-14000 2S 103CC-00900 ASHFORD DARIC UGREGGETTE L BRUMLEY SCOTT B&JANINE K 12075 SW WHISTLERS LOOP 12045 SW ROSE VISTA DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-01000 2S103CD-07900 BACON LEWIS J JOAN M BRUTCHER JACK L&MARTI E 12035 SW ROSE VISTA DR 13695 SW 118TH CT TIGARD, OR 97223 TIGARD,OR 97223 2S 103C B-04600 2S 103CC-11900 BAKER THEODORE E BUSSANICH TYRON&JENNIFER 220 NW 72ND CIR 12050 SW WHISTLERS LP VANCOUVER,WA 98665 TIGARD,OR 97223 2S 103C B-04700 2S 103CA-01001 BECKER JEFFREY S&APRIL K CALLAWAY KEVIN JOHN&LORI F 12170 SW MARION ST 13345 SW HOWARD DR TIGARD, OR 97223 TIGARD,OR 97223 2S 103C B-10700 2S 103CB-05600 BERNARDY PAUL B&LINDY L CAPUA DEBRA S& 12162 SW QUAIL CREEK LN PITTS GERALD RNERNA J TIGARD, OR 97223 12201 SW HOLLOW LN TIGARD,OR 97223 2S 103C B-10200 2S 103C B-05500 BINTLIFF RHONDA&STEVE CASIAS DAVID J&LILIA M 13520 SW 122ND AVE 12199 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103C8-04903 2S103CB-10800 BRIJESH REVOCABLE LIVING TRUST CHRISTOPHER CLINT ALLEN&AMAND BY BRIJESH ANAND TRUSTEE 12159 SW QUAIL CREEK LN 13613 SW 121ST TIGARD,OR 97223 TIGARD,OR 97223 , • 1 2S103CC-13300 2S103CB-12000 CHURCH DOUGLAS A/JENNIFER L GOOLD SAMUEL L&SHERIE L 12078 SW WHISTLER'S LOOP 12190 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-10100 2S103CC-13100 COMUNTZIS GLEN&POLLY ANN HALL ADRIAN WILLIS&NANCY JEAN 12220 SW QUAIL CREEK LN 12074 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CD-05400 2S103CD-05200 DEFRANG GARY R CAROLYN M HARGIS MARILYN L 11650 SW TERRACE TRAILS DR 11670 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S1 03C D-05100 2S 103CA-02000 DOLESE JOHN W HAWKINS CYNTHIA J 11680 SW TERRACE TRAILS 13460 SW 121ST AVE TIGARD, OR 97223 TIGARD,OR 97223 2S103CA-00900 2S103CC-14200 DORRANCE THEODORE LEE& HOWELL DEAN M&SUSAN L ASPASIA DEMETRA 12071 SW WHISTLER'S LOOP 13305 SW HOWARD DR TIGARD,OR 97223 TIGARD, OR 97223 2S1 03C D-07800 2S 103CC-13400 FORD FREDERIC C&MELISSA E HUI NAKITA A&DANNY T 11705 SW TERRACE TRAILS DR 12080 SW WHISTLER'S LOOP TIGARD, OR 97223 TIGARD,OR 97223 2S103CA-00602 2S103CA-01600 FRANZ ROSEMARY B JOHNSON SIDNEY W&CHERYL R 10716 SE FOREST VIEW LN 13410 SW HOWARD DR HAPPY VALLEY, OR 97086 TIGARD,OR 97223 2S103CB-10400 2S103CB-06000 GADBERY MICHAEL K&CATHY A KEPHART PAUL W& 12192 SW QUAIL CREEK LN BRENDA J TIGARD,OR 97223 12249 SW HOLLOW LN TIGARD,OR 97223 2S103CA-01500 2S103CC-12200 GIBB JESSE L SHERON M KIM CHULL W&MIKYUNG L 13380 SW HOWARD DRIVE 12056 SW WHISTLER'S LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CD-05500 2S103CC-14500 GILBERTSON LISA& KIM DAVID J AMAYA PHIL 12053 SW WHISTLER'S LOOP 11640 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD, OR 97223 2S103CC-12600 2S103CB-11900 KOHLMAN ED H&KRISTIE J MCGUIRE WAYNE B& 12064 SW WHISTLERS LOOP ELDIEN PATRICE T TIGARD,OR 97223 12202 SW HOLLOW LN TIGARD,OR 97223 2S103CB-10500 2S103CC-00800 KRIEGEL JESS A&ROSEMARY A MCPHERSON LORIN 12186 SW QUAIL CREEK LN 12055 SW ROSE VISTA DR TIGARD, OR 97223 TIGARD,OR 97223 2 S 103C B-05400 2S103C B-12300 KRUSE DAVID E MCQUILKIN ROGER W 12187 SW HOLLOW LN 12160 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-13500 2S103CB-10000 LE DAT T& MERCER STEPHEN J&RUTH DUONG THUAN 12252 SW QUAIL CREEK LN 12082 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-10100 2S103CB-05800 LE DZUNG X& MILLS BRENT W&KIMBERLY A HUYNH HANG 12225 SW HOLLOW LN 12125 SW WHISTLER'S LN TIGARD,OR 97223 TIGARD,OR 97223 2S 103CC-13900 2S1 03C D-04600 LITTMAN ALLAN&LORALEE MILLS GARY E 12077 SW WHISTLER'S LOOP 11635 SW TERRACE TRAILS DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-14300 2S103CB-12100 LUBRANO OCTAVIO S&KALPANA P MITCHELL DENNIS J&SUSANA DEOC 12057 SW WHISTLER'S LOOP 12182 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 2 S 103CB-11400 2S 103CC-12000 MALDONADO JEFFREY V/MARGARET I MONTOYA DENISE L 13482 SW 122ND AVE 12052 SW WHISTLER'S LP TIGARD, OR 97223 TIGARD,OR 97223 2S103CC-13800 2S103CB-11300 MALIHOLMOLOUK FAMILY REVOC MORI WAYNE H&DONNA S FAMILY TRUST 12213 SW QUAIL CREEK LN 12079 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD, OR 97223 2S103CA-00600 2S103CC-13200 MAY WILLIAM A NAINENI MALAHAL R& 13375 SW HOWARD DRIVE ERRABELLI PRAVEENA TIGARD, OR 97223 12076 SW WHISTLER'S LOOP TIGARD,OR 97223 • 2S103CA-01400 2S103CB-12200 NGUYEN BICH LIEN THI PACHOLL DIANNA F& 13350 SW HOWARD DR PACHOLL RICHARD L TIGARD, OR 97223 12176 SW HOLLOW LN TIGARD,OR 97224 2S103CC-14700 2S103CB-04800 NGUYEN MINH ANH&TINA PARKER KIMBERLY A 8329 NE HANCOCK ST 13305 SW 121ST AVE PORTLAND, OR 97220 TIGARD,OR 97223 2S103CC-14100 2S103CC-12400 NGUYEN NGOC THU PARKER TREVOR L&DEBRA M 12073 SW WHISTLERS LOOP 13620 SW PIPER TER TIGARD, OR 97223 TIGARD,OR 97223 2S103CC-12300 2S103CC-12500 NGUYEN STEVEN LEE& PASERO MARK G&SHARON LE HUONG THI 12062 SW WHISTLERS LOOP 12058 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97223 2S103CC-12800 2S103CC-13000 NIKSICH KEVIN G& PEIZNER MICHAEL J&UMBELINA 0 NIKSICH DEAN R WESTRAN 12072 SW WHISTLER'S LOOP 12068 SW WHISTLERS LOOP TIGARD,OR 97223 TIGARD,OR 97224 2S103CA-00500 2S103CA-04100 NORRIS LONNIE D AND PENDLEY MARK A MARILYN M 11625 SW TERRACE TRAIL DR 13300 SW 121ST AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-04500 2S103CD-05300 NORTON CLAYTON E PETERSEN DALE STEVEN&TRACY A 12210 SW MARION ST 11660 SW TERRACE TRAIL DR TIGARD,OR 97223 TIGARD,OR 97223 2S103CD-08100 2S103CB-11200 OFFIELD HAROLD L&LAURIE J PETERSON MICHAEL D& 13755 SW 118TH CT PEGGY SUE TIGARD,OR 97223 12197 SW QUAIL CREEK LN TIGARD,OR 97223 2S 103C B-10600 2S 103CC-14400 ORAMI AHMAD&MARYAM PETITJEAN ARNAUD/KIVIERA SKILES 12174 SW QUAIL CREEK LN 12055 SW WHISTLER'S LOOP TIGARD, OR 97223 TIGARD,OR 97223 2S 103C B-04400 2S 103CA-00603 OWNBEY DAVID LLOYD& PETITT THOMAS J&ERIN D PATRICIA ANNE 13400 SW 121ST AVE 12230 SW MARION ST TIGARD,OR 97223 TIGARD,OR 97223 2S103CB-11100 2S103CC-12100 PHAM RICHARD V RAY JOSEPH ENTERPRISES INC 12189 SW QUAIL CREEK LN 15990 SW SHEARWATER CT TIGARD,OR 97223 BEAVERTON,OR 97007 2S103CB-05900 2S 03CC-10300 PISTACCHIO JASON M&JULIE A RAY S ENTERPRISES INC 12237 SW HOLLOW LN 1599 HEARWATER CT TIGARD, OR 97223 AVERTO ,OR 97007 2S103CD-04900 2S103CD-07700 PLUMMER TRENT A&SARAH M RONE CLIFFORD G AND 11695 SW TERRACE TRAILS DR CHARMINE L TIGARD,OR 97223 11715 SW TERRACE TRAILS DR TIGARD,OR 97223 2S103CD-05000 2S103CC-12700 POOR KATHLEEN MARIE SANDOZ MICHAEL S&CAROL D 11690 SW TERRACE TRAILS DR 12066 SW WHISTLERS LOOP TIGARD, OR 97223 TIGARD,OR 97223 2S103CA-01300 2S103C8-05700 PURKEY MICHAEL R& SCHAEFER CHRISTOPHER J& BRENDAL KATHLEEN M 13320 SW HOWARD DRIVE 12213 SW HOLLOW LN TIGARD,OR 97223 TIGARD,OR 97223 103CD-08600 2S103CD-08000 Q RA CORPORATION THE SCHIEBOLD HANS&SHARON R TRUST HAW RN BUSINESS CENTER 13705 SW 118TH CT TIGARD,OR 97223 2S103CB-12800 2S103CD-07500 QUAIL HOLLOW-TIGARD LLC SCOLES HARRY C&BARBARA BY DICK PACHOLL 13750 SW 118TH CT QUAIL HOLLOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 15685 SW 116TH AVE#311 KING CITY, OR 97224 2S103CB-12700 2S103CD-04700 QU L HOLLO -TIGARD LLC SEDGWICK WAYNE L&CAROL W BY DI P OLL 11645 SW TERRACE TRAILS DR QUAIL LOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 156 SW TH AVE#311 G CITY, OR 97224 2 103CB-12600 2S103CB-05200 Q •IL HOLLO - IGARD LLC SHELLEY JOHN C&MEE Y BY D K P' • OLL 12163 SW HOLLOW LN QUAIL 1:I LOW-EAST HOMEOWNERS ASS TIGARD,OR 97223 156;; SW 1 .TH AVE#311 G CITY,Cr 97224 2S103CB-10300 2S103CD-04401 RATH DONALD& SIEG GARY&JULIE A COCHRAN BONNY E 11675 SW TERRACE TRAILS 12212 SW QUAIL CREEK LN TIGARD,OR 97223 TIGARD,OR 97224 • 2S103CB-11800 2S103CB-11500 SMITH SHAWN TRAN HAI& 12218 SW HOLLOW LN TRAN TO OANH TIGARD, OR 97223 13450 SW 122ND AVE TIGARD,OR 97223 2S103CD-07600 2S103CB-11000 STEWART WILLIAM R AND LORENA R TRAN LAN A 13700 SW 118TH CT 12177 SW QUAIL CREEK LN TIGARD, OR 97223 TIGARD,OR 97223 2S 103CA-00601 2S 103C B-11700 STOCKAMP MIKE&SUE TRESTIK STEVEN W& 13465 SW HOWARD DR TRESTIK JILL M TIGARD,OR 97223 13402 SW 122ND AVE TIGARD,OR 97224 2S103CC-05300 2S103CA-01800 STOTLER JOHN A&CAROL L TUCKER ANTHONY K AND 13617 SW 121ST AVE JOYCE E TIGARD, OR 97223 13470 SW HOWARD DR TIGARD,OR 97223 2S103CC-10200 2S103CD-04500 STRENDING FAMILY TRUST ULLRICH RICHARD L BY STRENDING EDWARD TR SHARON L 13610 SW 122ND AVE 13500 SW 121ST AVE TIGARD, OR 97223 TIGARD,OR 97223 2S103CA-01700 2S103CC-13700 SWOPES BRET AND LINDA S VIRNIG SEAN G&JUSTINE C 13440 SW HOWARD DR 12083 SW WHISTLERS LOOP TIGARD, OR 97224 TIGARD,OR 97223 2S103CB-11600 103CC-1480 TAYLOR JASON P& W TL WALK NO.2 MARIA SOLEDAD LALIA OW )OF LOT 71 13434 SW 122ND AVE TIGARD, OR 97223 2 3CD-057 2S103CC-14600 TIGA D TY OF WILLIAMS EDWARD L& 131 S HALL BLVD WILLIE M D T ARD, 0 97223 12051 SW WHISTLER'S LOOP TIGARD,OR 97223 2S 3CC-1490 2S103CA-01900 TIGA Y OF WILLIAMS PETER ERNEST 131 HALL BLVD AND JEAN ARD,O 97223 13430 SW 121ST TIGARD,OR 97223 2S1 CD-0720 2S103CC-12900 TIGA OF WILLIAMS VANCE&WENDY 131 HALL BLVD 12070 SW WHISTLER'S LOOP T ARD,0 97223 TIGARD,OR 97223 2S103CC-10400 WONG JENNIE M 13515 SW 122ND AVE TIGARD,OR 97223 2S103CC-05200 YOUNG STEVEN P 9745 HILL VIEW TER SALINAS,CA 93907 Brooks Gaston 3206 Princess Edinburg, TX 78539 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 Patricia Keerins 12195 SW 121st Avenue Tigard, OR 97223 John Frewing 7110 SW Lola Lane Tigard, OR 97223 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 rITV A4 TIGADfl _ CrIJTRAI INTrQ cTCn DARTIIc ionnTGn• 10 Ann„ nR CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 1111 -Ow 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 TIGARD PHONE: 503-639-4171 FAX: 503-624-3681 (Attn: Patty/Planning) EMAIL: patty @tigard-or.gov EMU NO2 500•F 00 PNPERTY @1N AI3LJ© Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: Tax Lot 4500, Map 2S 1 3CD 13500 SW 121st Ave PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. 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: Mark Person PHONE: 503-284-5896 u,A,GL2di FAX: 503-284-8530 EMAIL: markp@wbwells.com This request may be 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 will be called to pick up their request that will be placed in "Will Cali' by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels(20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE* **COST FOR THIS REQUEST ** 4 sheets of labels x$2/sheet=$8.00 x 2 sets= $16.00 sheet(s)of labels x$2/sheet=$/4x ciZ sets= / � 1 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 / sheet(s)of labels x$2/sheet for interested parties=$ x s= , GENERATE LIST = $11_00 GENERATE LIST = ! TOTAL = $31.00 TOTAL = Patty Liuisford - Page 1 From: "Mark Person" <markp @wbwells.com> To: <patty @tigard-or.gov> Date: Thursday, May 10, 2007 3:54:37 PM Patty, Here is a mailing label request for MLP2006-00005. Please notify me when the labels are ready for pick up. Thank you, Mark Person, Planner W.B. Wells and Associates 4230 NE Fremont Street Portland, OR 97213 Phone: (503)284-5896 Fax: (503)284-8530 2S103CD-04500 /� ULLRICH RICHARD L LCD/I /ô'7 SHARON L ys D (N 13500 SW 121ST AVE bw�i/ TIGARD,OR 97223 APPLICANT MATERIALS PRE-APP.HELD BY: Er, CITY OF TIGARD PLANNING DIVISION LAND USE PERMIT APPLICATION t City of Tigard Permit Center 13125 SW Hall BM, Tigann OR 97223 L/ 2 Phone. 503.639.4171 Fax:503.598.1960 0 2006 File# /- L.P,,,14.72)4,-0000 S-- Other Case# 7 Date /di?-0/1)4' By S -1l1- Receipt# rAg.'S-'9° Fee Date Complete MUM TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Adjustment/Variance(I or II) Minor Land Partition(H) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑Zone Change Annexation(IV) ❑ Conditional Use(III) ❑ Sensitive Lands Review(I,II or III) ❑Zone Ordinance Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(II) ❑Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) 1 3500 S LAD 1 Z 1 s4- Ave- TAX MAPS&TAX LOT NOS. • 2S I oSC.D Li500 • TOTAL SITE SIZE ZONING CLASSIFICATION ,2 c1 .5 APPLICANT'S mtiLei:e0 -r4o11 Gc►c- 1 ) Q ADDRESS/CITY/STATE/DP `(� Q5 5 S J LA CL IA f J� . —1.11.0-0 v , 11• 0C.97._ P ONE NO. FAX NO. (503 - L,Cil - ci851 - (9812 - q 1i PRIMARY CONTACT PERSON PHONE NO. R) LOA htktik (110V k- First3o b3 2 L) - oILc, PROPERTY OWNERyDEED HOLDER(Attach list if more than one) tC�/taY J(l) Q 111()Ir14 VL CA(IYILL�, LING ADDRESS/QTY/STATE/ZIP 13 S )o ,_,LA_.) (21 .3 k - 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) ``-- I (��jjJ L 41; 5 Uel�I'C(-11 t rJ Tt�v- p. �- ` u1" .i/l8r ��t rJt•Vj 3`il 1� e� Sli✓tt� -"F 5;1-1 t J 11 veWU( v� prbeoSP�/ �a Cale J 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 i . 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. / '74 /4.4„c"/„.„ / - /6,6 Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date :oaf . O/Z OA 6 Apph •nt/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date CITY OF TIGARD 12/20/2006 13125 SW Hall Blvd. 11:19:41 AM Tigard,OR 97223 503.639.4171 II [A) t Receipt #: 27200600000000005902 Date: 12/20/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MLP2006-00005 [LANDUS]Partition Fee-3 Lots 100-0000-438000 3,180.00 MLP2006-00005 [LRPF] LR Planning Surcharge 100-0000-438050 470.00 Line Item Total: $3,650.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check KAREN E TINDALL ST 1322 In Person 3,650.00 Payment Total: $3,650.00 cReceipt.rpt Page 1 of 1 PACIFIC NORTHWEST TITLE TRI-COUNTY CI i Y ` 9020 SW Washington Sq. Rd,Suite 220 , d r" Tigard, OR 97223 PLANNIr n i- ,, - •., Title 503-671-0505 Fax.503-643-3746 PACIFIC NORTHWEST TITLE Escrow (503)350-5040 Fax (503)226-6489 of Oregon,Inc_ Visit us at mvw pnwtor coin PRELIMINARY TITLE REPORT FOR TITLE INSURANCE January 24, 2007 Order Number. 06286339-W Property Address. 13500 SW 121st Avenue Tigard, OR 97223 Pacific Northwest Title of Oregon, Inc SUPPLEMENTAL REPORT 1 1 1 SW Columbia Street #200 Portland, OR 97201 Attention: Yvonne M Clifford Telephone: (503) 350-5040 Reference: Ullrich/Karen E Tindall Trust Amount Premium ALTA Owner's Policy(1992) $ 519,900 00 $ 1,379 00 Government Service Charge $ 50 00 City Lien Search—City of Tigard $ 35 00 This is a preliminary billing only; a consolidated statement of all charges, credits, and advances, if any in connection with this order will be provided at closing Pacific Northwest Title is prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverages as indicated, based on this preliminary commitment that as of January 16, 2007 at 5:00 p m title of the property described herein is vested in. SHARON L ULLRICH, also shown of record as SHARON L ULRICH Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form This commitment is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the full premium paid Description: See Exhibit A Attached hereto and made a part hereof Page 1 of Preliminary Order Number: 06286339-W SCHEDULE B—CONTINUED 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 Any facts, rights, interest, easements or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof 3 (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or(c) are shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public records 5 Statutory liens or other liens or encumbrances, or claims thereof, which are not shown by the public records SPECIAL EXCEPTIONS: 6 Unpaid taxes for 2006-2007. Levied Amount $1,876 75 Balance Owing $625 58, plus interest and fees, if any Account No 2S13CD-04500 Levy Code 023 74 Key No R476194 7 Potential City Lien of the City of Tigard For Sanitary sewer Reimbursement Fee. $6,000 00 Interest Rate 6 00% Resolution No 05-15 NOTE: This reimbursement cost does not constitute a payable lien against the property at this time In the event that the property owner connects to the City's sewer system, the owner will have to pay his/her fair share of the reimbursement cost in addition to regular sewer connection charges and/or fees Said potential lien will not appear on any policy to be issued unless it becomes a payable lien against the property at the time and date of policy issuance. Also provided by Instrument: Recorded : August 10, 2004 Fee No • 2004-092149 For • Establishment of Sanitary Sewer Reimbursement District No 30(SW 1215' Avenue) Resolution No 04-53 8 The herein described premises are within the boundaries of and subject to the statutory powers, including the power of assessment, of Clean Water Services 9 Rights of the public in and to any portion of the herein described premises lying within the boundaries of streets, roads or highways Page 2 of Preliminary Order Number: 06286339-W SCHEDULE B—CONTINUED 10 Trust Deed, including the terms and provisions thereof to secure the amount noted below and other amounts secured thereunder, if any: Grantor : Richard L Ulrich and Sharon L Ulrich, as tenants by the entirety Trustee • Fidelity National Title, a California corporation Beneficiary Washington Mutual Bank Dated March 14, 2000 Recorded March 20, 2000 Fee No • 2000021784 Amount $50,000 00 Loan No 0009326778 Said instrument was. Re-recorded June 5, 2000 Fee No 2000044272 NOTE. We find no judgments or Federal Tax Liens against KAREN E TINDALL, individually or as Trustee NOTE. Washington County Ordinance No 193, recorded May 13, 1977 in Washington County, Oregon, imposes a tax of$1 00 per$1,000 00 or fraction thereof on the transfer of real property located within Washington County NOTE. The following is provided for informational purposes only and will not be shown in the policy to be issued. We find no recorded Deeds or Conveyances of said property in the past 24 months NOTE: Oregon law provides that monetary judgments may become a lien on real property owned by the judgment debtor We find no judgments against the vested owners of the herein described property other than those, if any, listed as a numbered exception above If you have any questions regarding this report or your escrow closing please contact Yvonne M. Clifford at(503) 350-5040, located at 111 SW Columbia Street #200, Portland, OR 97201 . Email address: yvonnec @pnwtor.com PACIFIC NORTHWEST TITLE OF OREGON, INC Jo-nne Zimper/ Title Ex`arplf er/ Telephone No : (503 671-05115, Ext 2014 Fax No : (503 .46- e19 JMZ:jmz cc: Sharon L Ullrich cc: Karen E Tindall Trust Attn: Karen E Tindall cc: Home Selling Partners, Inc Attn. Marian West cc. Eifel! Real Estate Attn. Rick Caffall Page 3 of Preliminary Order Number: 06286339-W Exhibit A A tract of land located in the Southwest quarter of Section 3, Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, said tract being a portion of the land described in Document No 86004775 Washington County Deed Records, more particularly described as follows. BEGINNING at the Southeast corner of the land described in Document No 96032380,Washington County Deed Records, witnessed by a% inch iron pipe set in Survey No 7783, Washington County Survey Records (said point bearing North 47°22'32"West 1718 97 feet from the South quarter corner of Section 3, Township 2 South, Range 1 West, of the Willamette Meridian, recorded date, Survey No 21382); thence North 31°17'39" East on the East line of the land described in Document No 96032380, 82 84 feet, more or less, to a 5/8 inch iron rebar with yellow plastic cap inscribed "J Peterson P L S #1858", set in Survey No 21382, last said 5/8 inch iron rebar being in the South line of the tract of land conveyed to Richard Ullrich, et ux, in Book 908, Page 373; thence North 70°44'51" West, 141 79 feet, more or less, to a 5/8 inch iron rebar with a yellow plastic cap inscribed "RAJ LS 2725", thence North 62°56'24"West 70 27 feet to the Southeasterly right-of-way line of SW 1215`Avenue, County Road No 411, thence North 31°17'46" East on said right-of-way line 89 76 feet to a 5/8 inch iron rebar with yellow plastic cap inscribed "J Peterson P L S #1858", set in Survey No 21382; thence South 65°39'24" East on the North line of the land described in Document No 86004775, 255 67 feet to a 5/8 inch iron rebar at the Southeast corner of Lot 3, WOODCREST SUBDIVISION; thence continuing South 65°35'24" East on the South line of Lot 4, WOODCREST SUBDIVISION 70 78 feet to the Northeast corner of the land described in Document No 88004775 witnessed by a 5/8 inch iron rebar inscribed "J Peterson P L S #1858", set in Survey No 21382; thence South 24°17'51"West on the West line of the land described in Document No. 90-04794, 136 12 feet to the North line of the land described in Document No 95010870; thence North 75°39'42"West on said North line 158 83 feet to the point of beginning Page 4 of Preliminary Report Order Number: 06286339-W I > 8 •BO f� o - r�! fig,. . , " ,'tq 'r• ;t 'J :+ .fil i• �� S iiiii 1: • y 1}1r .4' 4.6K-' .� 4400 111Ni •r .• ;N 44 AC �4t'sa Nit ">. .t ' Ira sa t6ly t yysan I` ,E./ 44**' 114,6,7,-...,.. 1' •'o-°' .. , sur As' y �` +`r 0. °�� 514 re�-i - ariaow' lfetl,, 1++c. .:71.11C 4401 � •. I:r 1 6200• o =`o t5-1r,t38..d .ffifb7co. -max" <t'• q+jf,•+ `�5 +o0.P wo..... •17,00. _ 70•b z-7 41'''.1.1! t98': 't'sua'7 .. itt<m°kJOµ`4+ M+ ;� aoo° ..------ . y4:•' - fi Nes:c - raid m++' k )+,'• — `P,,4' i..'to-ta" '!7• ■ tam. .T'•. .P. *at - 4c+i,,+ t 1' A '$0._ a�a, e.I •o• tip: •7A:t At :! +4! ! ate• .yu 'dr ,-,:. -� ` .,„ . .....`. , .21 co •tom 4800 a Ja+q• bbl 1 b�: >.>i>e ',..... .�. _ '' •,,,•77, :! loop,. 18 K. �..•>>,' (� y. is;picot. .1 at.y� °"--. e' ,• TR'8 ',p ,•1•'bt'^ V'aCJ 'y.94. .• .j"� •t. 'u'81.J( �0. i`• .q; •; , , „• 1 N 51Q0�.•. ,`. a- I481b000`., }SIa,1C0 r. .. - ' 71`74•b ii 18 q �n '.11444. •reoc . . .�. ,. '• !,jpmW 'C, `r .::::2.:::. ''' 93' •-�'iiiro� '' �''.•': •>, tltm. :<1,,,42‘F wss r n.s wT �:.,poc nags . 'ffitexc-• Ai:. Y, K •s0. ,7i. .'.�b',.1180a +. b �i.{�1.8)•. '� \ 3 yyg. ' •' .a0.tf; �a:s j 80'. ►� ,•.ter.,^ . 4900 n-ao IS 5000••'•84'Lu ffiimco'm +taimcoet '••• •• ,"4-$ X3 . ,au. rn+..,\ /,f re.• a.5c'. '� rJ86 $ rm 1: a. �9, r0 -'� 7800 Z Z kit 7 •:' - , te • / 23.74/ r 7700 7e;,, WHISTLER'S LOOP k�°•';,, 'r ` '� $� r, 2-.. ...04.t4 , • .• 'r ' 1• 1e& ,;}uo, ,4.41.....',.k' ;I_ :.:' a` 7900 �•, ___ 3315.17 1 o'y:t...:. ••: 1' aaiaocc•tt ''streocc,•g ,astmcc`•.�3Ftwcc,, zafaoco'•+�modoa `:^ i6i 9 t''� ^ \ ,.:$,;s Ir... rmro -ramp, .8 :t a,a: law• ,•1`s, -. ,. °0 8600 "a \\ .,' 8 .a. 80,'''S .:79•c ‘.1'77.6: 5 77 • 4't 76 re; / 7600 TRACT A' ∎^'• = 8000 7-'1'I ti 8 6 t.rc AC 1500 + y.• d.tw a••t • 10 3/ 17 ..'- ,,. '\,? i1 74.31 .f. 1.,k ce.,,'''. i .. :t, •'' moo ` 40b / 7500 8 - 1600 a. . . •+. 3. ;• . \ •'t •/ •$' 11 °'1,e 7 r 5 7 ,/_ i6 ,,I,,1---1 o 1 `� ; ;' 7 >•:' ' �.::•,•.. '•-f, .,, r `� i,y0 , sass d + `�N}� •_ •.tl7Aa. '• ' '•31.1. . .:,• ta4T3 )' I ROSE ��—v— � ,'' `�: ti 1700 ^�• o T •' ''-ffiraceo; v',1 7400 N n 15 ^ e�• Ci _a ram• R 8200 p4 •>a'. 'taam ` :alit. N.:/.P., .5." : 12 c7.7/a 0.. 8^ `ytls// • ' ' .4st" •'•. ,as.as _4 ' 1800 7.•.• r ▪ 6---o O y e • � i 8 r� • ,. G -$7330 W Rf ^$ 14 y t9 1e'.�• •.tta,os• ��,,;y.._ • O 8300 �/ ^/ r 7200 aa'?•o,,,��.�.som�.+..�'.�•:.�+;+�•� J r r; $ d. .o TRACT 13' _01,2--,{4,.., .-\ 4444 $' 8 > 3 fin, wZ- 70 Ac • 1100-41' 6aoo . H -;: • sc+alCO. J. ,.n ;,. THIS MAP IS FURNISHED AS A CONVENIENCE BY PACIFIC NORTHWEST TITLE This map is not a survey and does not show the location of any improvements The company assumes no liability for errors therein MAP #2S103CD 04500 11 ,-t rORM Mn W-NMMNtt 13 WI p.an.t es mPerMrl acrrnm"+.r+ mvawrm u+rvuasuul as WCarea, • �6 Me v STATE OF OREGON 1 , County of Washington ) vf�ltZherd L >i Sharon L Ullrfoh t Je�_8 ►} �.�yay) orAacaoo 13800 SW 121 Ave - meat nn Jatyr d" Tigard,_OR 87229-2845 -- Ctork for d o n gAoyl�ty ittW --— ---- rho with. of p0)eootvod r•. .�. & � � ___.____ end ro ; viyrly w ed lit "b� d of said . Righard L Sharon L Which oounry,f * • ,c"Y, .: 19AQD fgr 131 Ave,_ e. Tigard�R _/ii97223-2845'aidtirana _ --_ ',1;. try., r Ares '.r• .'.r `; •. WW7a AtaBtVED r •' r,,..,„,..,17,,ron son ! Fi o DirEon, of AizB LL Qr ron llrioh nroonoera was ? ail�ttiit Eon,Ex- Doc 8)v_121 CGpuntertr n T}ga�o @7aas:aa46 Doi 90069549 • Root:t: 2115 fi 1 Ue al r•••~1 ea1r.M...nr W tax wMamM to w�aadw.np 3 8.00 ._ )�1aLard.L_g_8haron LUllrioh 06/29/1998 11:48:28am 19fLQ0.8tt 121 Ave _ _. ' ig_erd OR 97233-2845, By---- -----------_,Deputy. • } .,r.,•. I • WARRANTY DEW 1 . - . KNOW ALL BYTRESS PRESENTS that Richard L and Sharon L Ullricht husband and wifez . as taint tenants with right of survivorahip_-_ -------------=--- • hereisaf er called grantor,for the con alderelloo hereinafter stale!,to grantor paid by 12LLL 1-and-8fferari L JIEraYi, husbtinrl-and_wifer-JTWROS^A'_._. - ___________ ._ ``_`- - ___-----7 hereinafter called grantee,does hereby grant,bargain,sell and convoy Into the grantee and grantee's bells,successors and assigns, . that certain roa1.propnrty,with the tenements,heredllnments and appurtenances thereunto belonging or in any way appertaining, , situated in_ Washington County State of Oregon described as follows..to-win REVISED LEGAL DESCRIPTION FOR rTHE PROPERTY DESCRIBD IN DOCUMENT NO. . • •' 884775, WASHINGTON COUNTY DEED RECORDS, AFTER LOT LINE ADJUSTMENT AS DESCRIBED IN DOCUMENT NO. 0820843, WASHINGTON COUNTY DEED RECORDS. A treat of land located in the Southwest Quarter of Section 9, Township 2 South, Range • . 1 West of the Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon; said tract being a portion of the land described in Document No. 894775, } Washington County Deed Records, more particularly described as follows: "-• Beginning at the southeast corner of the land described in Document No. 98032380, Wash- ington County Deed Records, witnessed by a 3/4" iron pipe set in Survey No. 7789, • Washington County Survey Records (said point bearing N 47°22'92" W 1718.07 feet from the South Quarter Corner of Section 3, Township 2 South, Range 1 West, Willamette • •. Meridian, record data, Survey No. 21982), thence N 91°17'99" B on the east line of the • land described in Document No. 90032380 82.84 feet to a 5181 iron rebar with yellow :• • • plastic cap inscribed J. Peterson P.L.S. 41858," set in Survey No. 21982, thence 1 rs rake aaurnesue mNrsuE ee:aexnvrtorr on rEvetne et_) Tb Have and to Hold the same unto grantee and grantee's hairs,successors and assigns forever —_—And grantor hereby covenants to and with grantee and grantee's heirs,successors and assigns,that grantor is lawfully seized In fee simple of the above granted promised,Gee from all eacumbennas except(If no exceptions,so state): NINE -- _,and that grantor will warrant and forever defend the premises and every part and parcel thereof against the lawful claims and demands of all persona whomsoever,except those claiming trader the above described encumbrance& The true and actual consideration paid for this transfer,stated in terms of dollars,is$ NO DOLLARS . Kr blameroxNaKis7ODUCiffdirOINuf8cY Sd 7bin388o 13alaK sXWEltlialUMEMEXXXIKEIXi '. • Side fddi aid l 7 EIrolEEcliv2 f Ntraai�llOilatliand 74)C In construing this decd,whore the context so requires,the singular Includes the plu,.1,and all grammatical changes shall be made so that this deed shall apply equally to corporations end to Lndlvidu1lfi/4..h. • • In witness whereof,the grantor has executed this instrument this.�Il day of / __.___..--_,19. if grantor •:l ' m affixed. , la a corporation,it has caused Its name to bo signed and Its seal,if any,axed by an off..r or other person duly authorized to do so by order of its board of directors. , THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN < THIS NiSTRUMEtT IN VIOLATION OF APPLICABLE LAND USE LAWS AND RL£U• r r `"^ Yl — —--- — r LATIONS.BEFORE SIGNING DR ACCEPTING THIS INSTRUMENT THE PERSON •4 ACCUSING FEE TITLE TO THE PROPERTY SHOULD CMSWITil wait APPRO., 11. _h�- ,_.—____,_______ PRATE CITYOA COUNTY PLANNING DEPARTMENT TOVERIFYAPPROVEDUSES baron AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICE AS DEFINED W ORR SO a30 ,�RR ((,, ___---•----------- —- -- • STATE OF OREGON,County of_IMUkY_ i q� by is instmrac t as a o gee e .• . _ -. r-�=^,19_f.A, This instrument was acknowledged before me on-____—___--___—_,19_—_, • r'..^r LIALYATO►Gi —t< ! ° r ' I • ILLEE ±± ^:',_• 11 ..ra. GGir:d.riiii0ii riO.Citboi • _�",(� Notary.Public for Oregon �� _ II ' trrco CASBio PORES FEalk INI 1 / v\ My commission expires-_.f�!_� _1_-_-.-_.-- • • ULLRiCB, Richard L and Sharon L, 13500 SW 121 Ave, Tigard Or 87223••2848 LEGAL DESCRIPTION CONTINUED PROM PAGE ONE N 82°88'24" W 70.27 feet to the Southeasterly right-of-way line of SW 121st Avenue, County Road No. 411, thence N 91017149" E on said right-of-way line 89.78 feet to a 5/8" iron rebar witn yellow plastic) cap inscribed "J. Peterson P.L.S. #1868," set in Survey No. 21982, thence 8 86°39'24" B on the north line of the land described In Document No. 864776 255.87 feet to a 8/8" iron rebar at the southeast corner of Lot 9, "Woodorest" Subdivision, thence continuing 8 85°96'24" B on the south line g, of Lot 4, "Woodoreet" Subdivision 70.78 feat to the northeast corner of the land de- earthed in Document No. 884775, witnessed by a 5/8" iron rebar inscribed "J. Peter- son P.L.B. #1868," set in Survey No. 21962, thence S 24 017'61" W on the west line of the land described in Document No. 8004704 198.12 feet to the north line of the I.•• •• land described in Document No. 85010870, thence N 76°99142" W on eaid north line 168.09 feet to the point of beginning. • • C • • • • • • S • • • •• 4. • • '.Y, ..•'•— —...- .^l ,__...� •sY .t ••N, f1. ::l,.;�' . 'I••i•t .t,t tom° RETURN RECORDED DOCUMENT TO: Washington County,Oregon 2004-092149 • 004 09:04:26 AM Records Department ci A&o Chat Btn>=13 I MEGA • City of Tigard MOD$5 00$1100•Total.s$7100 13125 SW Hall Blvd Tigard,OR 97223 11111 11 liii lvi I 111E111111 D06334422013400921490120128 I,Jerry Hanson,Director of mint and Taxation ' and Ea-ORIcIo County ClarkforWUhington County .yT, ",N" Oregon,do hereby certify that the within Instrument of - (��j1Ii g1 11&( railing win ncelvsd and record.d In the book of � fi3 1 'j'+ I R1 I ricotta of saki county �Y^ 1 Jerry R.Hanson,Director M#sauament and Taxation, ■ arA2G aeaaaa Ex-0RlcloCountyClark - CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 COVER PAGE FOR RECORDING Name of Transaction:Formation of Reimbursement District No. 30 SW 121st Avenue. Name of Person(s),Address, and Map and Tax Lot Identification: OWNER SITE ADDRESS TAX LOT ID BEATY NORMA A 12170 SW JAMES ST 2S103CB02200 BECKER GORDON S 12905 SW 121ST AVE 2S103BC01700 BERGSTROM EDWARD A 12165 SW MARION ST 2S103C802600 BERINGER BRIAN J &ANN L 12290 SW MARION ST 2S103CB04100 BETTENCOURT RICHARD ELLIS 13240 SW 121ST AVE 2S103CA00303 BORST DONNA S 12150 SW JAMES ST 2S103CB02300 BRUNNER LANE E&CYNTHIA M 12240 SW JAMES ST 2S103CB01900 BUCHHOLZ KYLE J 12120 SW ALBERTA ST 2S103BCO2700 CHAVEZ JAIME A&KAREN 12295 SW ALBERTA ST 2S103BCO2300 CONN ALISSA L&MICHAEL L 12240 SW ALBERTA ST 2S103BC03100 DAHL STEPHEN MARION S 12170 SW MARION ST 2S103CB04700 DAWES RICHARD C&LISA A 12205 SW ALBERTA ST 2S103BCO2000 DELANO NELLIE M&GARY W 12185 SW MARION ST 2S103CB02601 DENKER LES&DEBBIE 12260 SW JAMES ST 2S103CB01800 DUNNING DRAKE D 12745 SW 121ST AVE 2S103BC01400 ENG DEAN 13235 SW 121ST AVE 2S103CB02500 GENTIS STEVEN W 12175 SW ALBERTA ST 2S103BC01900 GROSSE'FAMILY TRUST 12185 SW JAMES ST 2S103CB00500 HARRIS RONALD C AND LILA S 12285 SW MARION ST 2S103CB03001 HAWKINS CYNTHIA J 13460 SW 121ST AVE 2S103CA02000 IVERSON LARRY T&SANDRA L 12220 SW JAMES ST 2S103CB02000 JAGOSH JOHN 12145 SW JAMES ST 2S103CB00300 JOHNSON H DALE AND 12245 SW MARION ST 2S103CB02900 JONES RICHARD W 12190 SW MARION ST 25103CB04600 JOSEPH BRENDA M 11905 SW FONNER ST 2S103BD03700 KAUSLER WILLIAM M& MELISSA J 12225 SW MARION ST 2S103CB02800 KELLY DANIEL D&MELODIE 12180 SW ALBERTA ST 25103BCO2900 KIRCHER ROBERT B 12970 SW 121ST AVE 2S103BD03500 LANCASTER MICHAEL T 13035 SW 121ST AVE 2S103CB00100 LAPLANTE FELIX F AND SALLY J 12145 SW ALBERTA ST 2S103BC01800 LEAR JOE JR&JOANN 13065 SW 121ST AVE 2S103CB00200 LOFGREN RICHARD W &PATRICIA M 11935 SW FONNER ST 2S103BD03600 COVER PAGE FOR RECORDING -1 of 2 Name of Transaction:Establishing Reimbursement District No.30 SW 121"Avenue Name of Person(s),Address,and Map and Tax Lot Identification II1I111111111111IIiI 11111 I11 2004-92149` MENDE MICHAEL FONNER 2S103CA00301 MUNSON KURT R AND JULIA H 12205 SW MARION ST 2S103CB02700 NASH FAMILY REV LIV TRUST 12270 SW ALBERTA ST 25103BC03200 NORRIS LONNIE D AND 13300 SW 121ST AVE 2S103CA00500 NORTON CLAYTON E 12210 SW MARION ST 2S103CB04500 OLIVER CHARLES A/BETH M 12300 SW ALBERTA ST 2S103BC03300 OSGOOD CHERYL 12845 SW 121ST AVE 2S103BC01600 OTTING JOHN H 12210 SW ALBERTA ST 2S103BC03000 OWNBEY DAVID LLOYD 12230 SW MARION ST 2S103CB04400 PALACIOS ARMANDO&PATRICIA& 12920 SW 121ST AVE 2S103BD03400 PARKER BENJAMIN J &KIMBERLY A 13305 SW 121ST AVE 2S103CB04800 PEDERSEN NORMAN LEROY&ALICE M 12265 SW ALBERTA ST 2S103BCO2200 PETITT THOMAS J&ERIN D 13400 SW 121ST AVE 2S103CA00603 PRICE JOHN H &NORMA J 12270 SW MARION ST 2S103CB04200 RAMIREZ EDUARDO&LUCIA 12840 SW 121ST AVE 2S103BD03200 REED GEORGIA J LIVING TRUST 12795 SW 121ST AVE 2S103BC01500 RUTH WOOD JONES 121ST AVE(VACANT) 2S103CA00309 RUTH WOOD JONES 121ST AVE(VACANT) 2S103CA00310 RUTH WOOD JONES 121ST AVE(VACANT) 2S103CA00311 SCHMIDTMANN BRANDT&KAREN K 12215 SW JAMES ST 2S103CB00600 SCHMIDTMANN BRANDT&KAREN K JAMES RD 2S103CB00501 SELNER JOHN JOSEPH&MAXINE ELL 12280 SW JAMES ST 2S103CB01701 SHEPHERD NICHOLAS M 12265 SW MARION ST 2S103CB03000 SITZMAN DEANE D/ANNA L 12235 SW ALBERTA ST 2S103BCO2100 SJULIN-GREGER FAMILY TRUST 13360 SW 121ST AVE 2S103CA00602 SMITH SANDRA T 12880 SW 121ST AVE 2S103BD03300 SPANGLER JAMES P&KAREN L 13270 SW 121ST AVE 2S103CA00400 STAEHNKE BENJAMIN M 12165 SW JAMES ST 2S103CB00400 STRENDING EDWARD MARIANN 12150 SW ALBERTA ST 2S103BCO2800 THORIN G KARIN 12190 SW JAMES ST 2S103CB02100 TIBBETS GEORGE L FAMILY TRUSTEE 12235 SW JAMES ST 2S103C800700 TIBBETS KATHLEEN M 12275 SW JAMES ST 2S103C801000 ULLRICH RICHARD L 13500 SW 121ST AVE 2S103CD04500 VONADA GREG E&REBECCA M 12020 SW FONNER ST 2S103CA00302 WALL KENT N&FRANCES P 13205 SW 121ST AVE 2S103CB02400 WILLIAMS MICHAEL R 12250 SW MARION ST 2S103CB04300 WILSON RONALD R DIANE M 13200 SW 121ST AVE 2S103CA00307 To be recorded in Deed Records per Tigard Municipal Code 13.09. COVER PAGE FOR RECORDING -2 of 2 Name of Transaction:Establishing Reimbursement District No.30 SW 12 I"Avenue Name of Person(s),Address,and Map and Tax Lot Identification 111111111111111111111111 III CITY OF TIGARD,OREGON 2004-92149 RESOLUTION NO.04-53 — A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO 30(SW 121ST AVENUE) WHEREAS,the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09;and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09-050;and WHEREAS,the City Engineer has submitted a report describing the improvements,the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District,and a recommendation for an annual fee adjustment;and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. NOW,THEREFORE,BE if RESOLVED by the Tigard City Council that: SECTION 1 The City Engineer's report titled "Sanitary Sewer Reimbursement District No, 30", attached hereto as Exhibit A,is hereby approved. SECTION 2 A Reimbursement District is hereby established in accordance with TMC Chapter 13..09.. The District shall be the area shown and described on Exhibit B. The District shall be known as"Sanitary Sewer Reimbursement District No.30,SW 121st Avenue" SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address,in accordance with TMC 13.09.090. SECTION 6 This resolution is effective upon passage. PASSED: This !3" day of ci,Gc 2004. t Mayor- ?ty of Tigard ATTEST: Certified to be$TO; opy of 05o6.tbei V-.5.3 a. cckcualL/der..eity.4.14galii../0J71411. Original oi.File.•• ivo By, Jane McGarvin,Deputy City Recorder •.�uty; Border-;Ci460 Tigard • RESOLUTION NO.04- 53 Date: Page 1 Ill1111l lilt 11!I111l11111 2004-92149 Exhibit A — City Engineer's Report Sanitary Sewer Reimbursement District No. 30 (SW 1215t Avenue) Background This project will be constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP) Under the program the City of Tigard would install public sewers to each lot within the project area. At the time the property owner connects to the sewer, the owner would pay a connection fee, currently $2,535, and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. Project Area-Zone of Benefit Serving the sixty-seven lots in the following Schedule A list will require the extension of an existing sewer at SW 121st Avenue and Tippit Place. The three lots along the east side of SW 121St Avenue and south of Howard Drive currently may be served by an existing line along their SW 121st Street frontage. The purpose of including these three lots in the proposed district is to provide each lot with a service line to the mainline in the street. Because the work required to provide service to the lots listed in Schedule A differ in character from those in Schedule B, different methods of assigning costs are proposed The proposed project would provide sewer service to total of seventy lots as shown on Exhibit Map B. Tax lot 800 is a 1.6 acre undeveloped lot between Alberta Street and James Road without access to a right-of-way. This lot is not proposed to be included in the district since the lot will not have access to the proposed sewer in Alberta Street. Providing service to this lot would require construction of a public sewer across other privately owned lots to reach the proposed Alberta Street sewer. This work would most likely be accomplished by the owner of the lot. The feasibility of such a project and the availability of the easements required for this construction are unknown. However, if the owner of the lot finds the project to be feasible, the line will be available for development of the lot although it is not included in the district. Cost The estimated cost for the sanitary sewer construction to provide service to the sixty- seven lots in Schedule A is $754,001 Engineering and inspection fees amount to $101,790 (13.5%) as defined in TMC 13.09.040(1). The estimated cost for the sanitary Engineering Report—District 130— 121"Avenue Sanitary Sewer Extension Page 1 of 7 111111111111111 1111101 I 1 2004-92149 sewer connection lines to the three lots in Schedule B is $12,506. Engineering and inspection fees amount to $1,688 (13.5%) as defined in TMC 13.09.040(1). The estimated total project cost is $869,986. This is the estimated amount that should be reimbursed to the sanitary sewer fund as properties connect to the sewer and pay their fair share of the total amount. However, the actual amount that each property owner pays is subject to the City's incentive program for early connections. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,535 connection and inspection fee when connection to the public line is made.. All owners will be responsible for all plumbing costs required for work done on private property Rate All properties within Schedule A are zoned R-4.5 but vary in lot size from 51,000 to 11,000 square feet as can he seen in the following list of lots. Therefore, it is recommended that the total cost of this portion of the project be divided among the sixty-seven properties proportional to the square footage of each property. Other reimbursement methods include dividing the cost equally among the owners or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. The cost of providing service lines to each of the three lots of Schedule B will be equal. Therefore, it is recommended that the total cost of this portion of the project be divided equally among the three lots. For the lots within the Schedule A portion of the project, each property owner's estimated fair share of the public sewer line is $0.69 per square foot of the lot served. For the lots within the Schedule B portion of the project, each property owner's estimated fair share is $4,732. Each owner's fair share would be limited to $6,000 to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Upon request, payment of costs that exceed $15,000 may be deferred until the lot is developed as provided by Resolution 03- 55 (attached). Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Engineering Report—District#30—121'Avenue Sanitary Sewer Extension Page 2 of 7 IIIIIIIIIIIIII IIIIIIIII 2©04-92149 Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09 110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted June 28, 2004 Ag n P. Duenas, P.E. City ngineer 1Y 2001-2005 ly d$121,,Imlay ref Dvaemerl east t]O.ory m.mril IcrmSIOMT-1104 rerm apse aD re,un app a.doc Engineering Report—District#30—121'Avenue Sanitary Sewer Extension Page 3 of 7 I31fI1l 11111111111111111 III Reimbursment District No. 30 Schedule A 2004-92149 Estimated Cost to Property Owners ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA(S F.) COST TO PAID BY PAID BY CITY PROPERTY OWNER OWNER 1 BEATY NORMA A 12170 SW JAMES ST 25103C802200 19996 513.848 56,000 $7.848 2 BECKER GORDON S 12905 SW 121ST AVE 2S103BC01700 14857 $10289 $6,000 $4289 3 BERGSTROM EDWARD A 12165 SW MARION ST 25103CB02600 15950 $11,046 56.000 $5.046 4 BERINGER BRIAN J&ANN L 12290 SW MARION ST 2S103CB04100 14850 $10,284 $6,000 $4.284 S Bhi i ENCOURT RICHARD ELLIS 13240 SW 121ST AVE 2S103CA00303 51494 535,660 $26,660 $9.000 6 BORST DONNA S 12150 SW JAMES ST 251030802300 19963 $13,825 $6,000 $7,825 7 BRUNNER LANE E&CYNTHIA M 12240 SW JAMES ST 2S103CB01900 19998 $13.849 56.000 $7.849 8 BUCHHOLZ KYLE J 12120 SW ALBERTA ST 2S103BCO2700 17029 $11,793 $6,000 55.793 9 CHAVEZ JAIME A&KAREN 12295 SW ALBERTA ST 23103BCO2300 15111 $10,465 $6,000 $4,465 10 CONN ALISSA L&MICHAEL L 12240 SW ALBERTA ST 2S103BC03100 15128 $10,476 $6,000 $4.476 11 DAHL STEPHEN MARION S 12170 SW MARION ST 2S103CB04700 16234 $11.242 56.000 $5,242 12 DAWES RICHARD C&LISA A 12205 SW ALBERTA ST 2S103BCO2000 15111 $10.465 56.000 $4.465 13 DELANO NELLIE M&GARY W 12185 SW MARION ST 2S103C002601 15950 $11,046 56.000 55,046 14 DENKER LES&DEBBIE 12260 SW JAMES ST 2S103CB01800 20139 $13,947 56,000 57,947 15 DUNNING DRAKE D 12745 SW 121ST AVE 2S103BC01400 14057 59,735 56.000 $3,735 16 ENG DEAN 13235 SW 121ST AVE 2S103C802500 15681 $10,859 $6,000 $4,859 17 GENTIS STEVEN W 12175 SW ALBERTA ST 2S103BC01900 15111 $10,465 $6.000 $4.465 18 GROSSE'FAMILY TRUST 12185 SW JAMES ST 251030000500 16284 $11,277 $6.000 55,277 19 HARRIS RONALD C AND LILA S 12285 SW MARION ST 2S103CB03001 15951 511.046 $6.000 $5,046 20 IVERSON LARRY T&SANDRA L 12220 SW JAMES ST 2S103C002000 20000 $13.850 $6,000 $7.850 21 JAGOSH JOHN 12145 SW JAMES ST 25103CB00300 21976 $15,219 $6 219 $9,000 22 JOHNSON H DALE AND 12245 SW MARION ST 2S103CB02900 15951 $11,046 $6,000 $5,046 23 RUTH WOOD JONES HOLDINGS LLC 121ST AVE(VACANT) 25103CA00309 19567 $13,550 56,000 57,550 24 RUTH WOOD JONES HOLDINGS LLC 121ST AVE(VACANT) 2S103CA00310 17663 512.232 $6,000 $6,232 25 RUTH WOOD JONES HOLDINGS LLC 121ST AVE(VACANT) 25103CA00311 17662 512,231 $6,000 $6,231 26 JONES RICHARD W 12190 SW MARION ST 2S103CB04600 15658 510.843 $6,000 $4,843 27 JOSEPH BRENDA M 11905 SW FONNER ST 251038003700 15207 $10,531 $6,000 54,531 28 KAUSLER WILLIAM M&MELISSA J 17775 SW MARION ST 2S103C802800 15951 $11.046 $6,000 $5,046 29 KELLY DANIEL D&MELODIE 12180 SW ALBERTA ST 2S103BCO2900 15128 $10,476 $6,000 $4.476 30 KIRCHER ROBERT B 12970 SW 121ST AVE 251038003500 19331 $13,387 $6,000 57,387 31 LANCASTER MICHAEL T 13035 SW 121ST AVE 251030000100 19934 513.805 $6,000 $7,805 32 LAPLANTE FELIX F AND SALLY J 12145 SW ALBERTA ST 2510313001800 15111 $10,465 56,000 $4,465 33 LEAR JOE JR&JOANN 13065 SW 121ST AVE 2S103C800200 15998 511,079 56.000 55,079 34 LOFGREN RICHARD W&PATRICIA M 11935 SW FONNER ST 2S103B0036D0 16838 $11.661 $6.000 55.661 35 MENDE MICHAEL FONNER 2S103CA00301 18238 $12,630 56.000 56,630 36 MUNSON KURT R AND JULIA H 12205 SW MARION ST 2S103C802700 15951 $11.046 56,000 $5,046 37 NASH FAMILY REV LIV TRUST 12270 SW ALBERTA ST 2S1038C032D0 15128 $10,476 56.000 $4,476 38 NORRIS LONNIE D AND 13300 SW 121ST AVE 2S103CA00500 23445 516.236 $7,236 59.000 39 NORTON CLAYTON E 12210 SW MARION ST 2S103C004500 15820 $10.956 $6.000 $4.956 40 OLIVER CHARLES A/BETH M 12300 SW ALBERTA ST 2S1036C03300 15128 510.476 56,000 54.476 41 OSGOOD CHERYL 12845 SW 121ST AVE 25103BC01600 15586 510.794 $6.000 $4.794 42 OTTING JOHN H 12210 SW ALBERTA ST 25103BC03000 15128 $10,476 56.000 $4,476 43 OWNBEY DAVID LLOYD 12230 SW MARION ST 2S103CB04400 15185 $10,516 $6,000 $4,516 44 PALACIOS ARMANDO&PATRICIA& 12920 SW 121ST AVE 2S1030003400 22686 $15.710 $6,710 $9.000 45 PARKER BENJAMIN J&KIMBERLY A 13305 SW 121ST AVE 2S103C004800 18358 512.713 $6,000 56.713 46 PEDERSEN NORMAN LEROY&ALICE M 12265 SW ALBERTA ST 2S103BCO2200 15111 $10,465 $6.000 $4,465 47 PETITT THOMAS J&ERIN D 13400 SW 121ST AVE 2S103CA00603 23467 $16,251 $7,251 $9,000 48 PRICE JOHN H&NORMA J 12270 SW MARION ST 2S103C804200 15139 $10,484 56.000 $4,484 49 RAMIREZ EDUARDO&LUCIA 12840 SW 121ST AVE 2S103BD03200 11424 57,911 56,000 $1.911 50 REED GEORGIA J LIVING TRUST 12795 SW 121ST AVE 2S1D3BC01500 15589 $10,796 56,000 $4,796 51 SCHMIDTMANN BRANDT&KAREN K 12215 SW JAMES ST 2S1O3CBO0600 28973 $20,064 511,064 $9.000 52 SCHMIDTMANN BRANDT&KAREN K JAMES RD 2S103C600501 12688 $8,787 56.000 52,787 53 SEINER JOHN JOSEPH&MAXINE ELL 12280 SW JAMES ST 2S103C801701 17314 $11,990 56,000 55.990 54 SHEPHERD NICHOLAS M 12265 SW MARION ST 2S103C603000 15951 $11,046 56.000 $5,046 55 SITZMAN DEANE D/ANNA L 12235 SW ALBERTA ST 25103BCO2100 15111 $10,465 $6.000 $4,465 56 SJULIN-GREGER FAMILY TRUST 13360 SW 121ST AVE 2S103CA00602 14989 $10,380 56.000 $4,380 57 SMITH SANDRA T 12880 SW 121ST AVE 2S103BD03300 23524 $16.291 57.291 59,000 58 SPANGLER JAMES P&KAREN L 13270 SW 121ST AVE 2S103CA00400 22717 515.732 $6,732 59.000 59 STAEHNKE BENJAMIN M 12165 SW JAMES ST 25103CB00400 28971 $20,063 511,063 $9,000 60 STRENDING EDWARD MARIANN 12150 SW ALBERTA ST 2S103BCO2800 15128 $10.476 56,000 $4,476 61 THORIN G KARIN 12190 SW JAMES ST 2S103CB02100 19999 $13,850 $6,000 57.850 62 TIBBETS GEORGE L FAMILY TRUSTEE 12235 SW JAMES ST 2S103CB00700 43464 530,100 521,100 59.000 63 TIBBETS KATHLEEN M 12275 SW JAMES ST 2S103CB01000 15774 510.924 56,000 $4.924 64 VONADA GREG E&REBECCA M 12020 SW FONNER ST 2S103CA00302 21479 $14,875 $6.000 58.875 65 WALL KENT N&FRANCES P 13205 SW 121ST AVE 2S103CB02400 20001 513.851 $6.000 $7,851 66 WILLIAMS MICHAEL R 12250 SW MARION ST 251030604300 15902 $11,012 $6.000 $5.012 67 WILSON RONALD R DIANE M 13200 SW 121ST AVE 25103CA00307 21534 $14,913 56.000 $8,913 Totals 1235771 5855,791 $453,326 $402,465 PROJECT TOTAL(Paid by Owners+Paid by City) $855,791 • 11E716t'00l.70E FY CWII219 Satry fW,t,nnr.Os c)OCSy Courcl FO 4ATOIWa*t by or.oW no]a:vm A tls •. ermXw.m nl Page 4 of 7 • I I I 111111111111111H1111111 2004-92149 121ST AVENUE Reimbursment District No. 30 Schedule A Estimated Cost to Property Owners Summary Estimated Construction Cost $655,653 15%contingency(construction) $98.348 Estimated construction cost(plus contingency) $754,001 13.5%contingency(Admin&Eng) $101,790 total project costs $855,791 total area to be served(S.F.) 1,235,771.00 total cost per S.F.to property owner $0.69 11OCh2 1.71X6 FY C6k1219 Curial 11ewnb.mbrerf OG ZIGC-Sy C.+J ralINT.FRs,e us 1b]D rn,s A es 11,2611:04 4111 vu Page 5 of 7 111111I1I1I111I111111111111 2004-92149 Reimbursment District No. 30 Schedule B Estimated Cost to Property Owners ESTIMATED OWNER SITE ADDRESS TAX LOT ID AREA(S.F.) COST TO PROPERTY OWNER 1 BROWN MICHAEL J& 13530 SW 121ST AVE 2S103CD04400 19088.44 $4,731 67 2 HAWKINS CYNTHIA J 13460 SW 121ST AVE 2S103CA02000 15278.40 $4,731 67 3 ULLRICH RICHARD L 13500 SW 121ST AVE 2S103CD04500 38610.84 $4,731 67 Totals 72977.68 $14,195 PROJECT TOTAL $14,195 ME)4G\2004 7005 FY C09121S1 Sabbory Rounbursemmt Oct PIML by Couna FORMATIOtabrimb by area Dist No 30 Schad O es 0.20/20043-44 PM Page 6of7 11111111111111111111111 111 2004-92149 121ST AVENUE ------ Reimbursment District No. 30 Schedule B Estimated Cost to Property Owners Summary Estimated Construction Cost $10,875 15%contingency(construction) $1,631 Estimated construction sub-total $12,506 13.5%contingency(Admin&Eng) $1,688 total project costs $14,195 SCHELULE A $855,791 SCHELULE B $14,195 TOTAL PROJECT COST SHEDULE A AND B '�ns w •.•r`,£,,.� 1:1ENGt2004.2005 FY C0'112181 SaNbry PolrobUf:,n,ont Cast M.30lCity Coonal FORMATIOMRoimb by aura Dint No 30 Schad 8 alb 6/28/20043:55 PM Page 7 of 7 121ST AVENUE , SANITARY SEWER IMPROVEMENTS P,;,,' ==.--- z E,,...-. REIMBURSEMENT DISTRICT #30 O4ke L� �P4►t HARRIS. RONALD Nm�.... A PORTION OF THE SW 1 /4 OF stgo5� e 12285 I°J��T 8£T��1173G auf5RL1 "` S cif 7510 C801000 No SECTION 3 TZS R1 W W.M. LNER, JOHN d AAX NORTH NoRAIA SHEPH£R0. N/CKa'CAS 12280 JAA/ES RD 12270 AIAR/QY ST 12255 AIAR/ON ST 2510.1 8a170! z 2S103C8047O0 251OJCBOJ000 mum 0ENKE. LES de 0ESSI( �MINI 12260 JAMES RD NAUAMS, MICHAEL JOHNSON. DALE 25tosceorB00 1 2150 MARION S0 72245 MAR,N Sr 251030 MARION 0 25IO3CB029O0 BRUNNFR, LANE 1,118£05.KATHLEEN r? 12240 JAMES RD 11735 JAMES At£ `r�hti v lsr 7sloJCeao7oa 2510.7C80/900 O11N11EY DAVID KAU5LER. NKL/AM Z`o. t•P y's �yC 1 222 0OJCea'too T 12225 MATRON c 0 T x'hti crti8 O � 4y IYERSOH LARRY m�h�ryy ��S� ,f2�t� 11110 JAMES RD ECHLI/DTMANN, DRANDT .5 Vr' �+ •y9O 2220 JAMES R 72215 JAMES Sr _ Q O '�1ry NORTON, CLAYTON A/UNSQ1; KURT ISroJCB0a600 •LV ""7 I'i �'i�01' 72210 MARION Sr .1 '+'9 t 72205 AIARION S r `a40`O,y4 1510JC801500 1510JC80170O 4. `h by 0� h90J kARIN CR 12,8 TAMIL Y TRUST L 12190 JAMES RD ,2483✓AAfS sr / 7S/OJC8O7100 ISt03C800500 IS7UJCBOOSOt W 4O O JONES. RICHARD �� 0� 17190 MARION ST DftANO. NELLIE �� 7510.10304600 12185 MAfl101/sr �Q yLN� 75£030807601 B£ATY, NORAIA x 12510 JAMES RD STAEHNKE. 6ENJAAIN 25,OJC80710a 12165 JAMES Sr Q OAK. STEPHEN 25,OJC8DOt00 11170 MARION ST NOTE; 2S/OJC8047oo 872165 OM. ED1rARD 72165 AIAR/ON ST 1M All properties to district ore zoned y 1s,OJCBO1600 �qo q DC W PARKER. BENJAMIN 0 2 '1 2¢o N F Q$ V p 13305 171St ST Y�o c�i'`�'.,n N W o �'-�251030804800 ht, O i 6 �O i�A g N$ENC, DEAN �"'ti ,14 A';i° hV t.ha�LV f Si 1J7J5 1115f AYE Q p '^ O Q .N o h '1s,03c8o7500 3 h N $�' g A`P'O eal r �h 0hry ' u�N Wv10 TN�0 •,J Jhh ~�h 2�h +p„Jp .. 17~ t "IS' /4'M1 121ST AVE h = .1-1'0. cr.tcp MATCH (See p 2) •,},•o h : ,(' yee EXHIBIT B (p 1 ) Nr District boundary line 4 . w . 121ST AVENUE GLIVER, CHARLES CHAVEZ. JAIME SANITARY SEWER IMPROVEMENTS 17300 ALBERTA AVE 12295 ALBERTA AVE 7510JBC03300 25103ec02J00 • REIMBURSEMENT DISTRICT #30 A PORTION OF THE SW 1 /4 OF SECTION 3 T 2 S R 1 W W.M. 12270 ALBERTA TRAV 127GSRALBERTA ALE 251039C03200 2510JBCO2200 ■ o an■■• CONN. MICHAEL SITZMAN. DEANE N-- 12240 ALBERTA AVE 72235 ALBERTA AVE is 75103BCOJ100 251038C07100 u) OT17NG, JOHN DAIIES. RICHARD 72210 ALBERTA AVE 12205 ALBERTA AVE NM= ^ 2510J5COJ000 251035CO2000 1■11111. CL NINOMM NOTE; W/ All ro properties in district ore zoned R4.5 KELLY,0 EANrfi P Q = 17180 ALBERTA AVE GENIIS, STEVEN � H 2S10J00O2900 72175 ALBERTA AVE Q 25(039C07900 • 2 STRENDING, EDII•ARD I"" LAPLANTE, FELIX 77150 ALBERTA AVE N 12745 ALBERTA ALL 251038CO2800 25103BC01800 `" Q W 2 O Q O I-• 4¢u (.3 ov�p V..'a O.+p ryv EUCHHOL Z. KYLE Li.! `^ ,a ti� �_n1 12120 ALBERTA AVE m BECKER GORDON o,.;:a m t.--3'1:". 251030007700 --1 17905 121ST AVE o ^ _ N Q 7510JBC0+700 ,,,',,r. 4-h 2,4 MATCH (SEE p T) 21 S V Et' ,,ti Q in-` KIRCHER. ROBERT ,-,-O Lu p o A/N 12970 721ST AVf vi y� Q m W z o 251038003500 C o o �4 zz ^ -, U?7g U^O 2`'.p i P�TOp O 49"?' z flV,¢ ='° -c qAg Zr-..".... Y �,��` r4q pa..1 ��� .1,n q};oo I-. 'ao ��+o `� r,55-.',. `VGP-' 7'1 �+h� `� 'V 25 2 p ye 5 q n " L OFGREN. RICHARD ry v7-.`..9 �� Q�ti''L^00`1 t•h Q}o -'�'`\' ,,;,V'„tai „f v�,v N•c'y ` 11935 S)v FONNER ST 25 .1 00 h�7h ��'tiq `x`"o ;•`"n aro 7510]8003600 JmN amin Z a ,n 0 JOSEPH BRENDA Al ArENO£. MICHAEL 1.1. 17905 FONNER ST NO ADDRESS 2SIOJCA00310 25103CAO0301 District boundary line y EXHIBIT B (p 2) STATE OF OREGON r SS County of Weehington I,Joey,,((��,.�t'lr�,L1'� i. • of Asseso•, ment and/1►Sk �t4r► Ahrt. 4 • o County Clerk forj IE } .y •.• c.=rtlfy that the tivll i (111 •• r I • i(tgIecelva t Recording requested by and, end l f�•` 1 said when recorded return to: county � ' " .., / WASHINGTON MUTUAL BANK • a. G�? WASHINGTON MUTUAL C/O DATAPLEX � +' � '+•Ina 1 9031 -33RD AVE W "; •t" ,"(i,>1 LYNNWOOD,WA 98036 "Mt�+�,� ,: (� f ief ane Ext ATTN:MAILSTOP: 118DPWA Ottx (Inty:Clerk Doc : 2000021784 Loon Number: 0009326778 Rect: 251082 47.00 03/20/2000 03:18:19pm Washington LINE OF CREDIT TRUST DEED �• Mutui i ( DEED OF TRUST/ (}', (Oregon Use Only) (t THIS DEED OF TRUST Is between: rJ RICHARD L. ULRICH AND SHARON L. ULRICH,AS TENANTS BY THE ENTIRETY. ° whose address is 13600 SW 121ST AVE. TIGARD, OR 97223-2845 ("Grantor"); FIDELITY NAT IONAL TITLE a f= CALIFORNIA _—_ —_ corporation, the address of which is 4W SW FOURTH AVE. PORTLAND, OR 97204 ("Trustee"); and •`L Washington Mutual Bank, which is organized and existing under the laws of Washington State, r and whose address Is 1201 Third Avenue, Seattle, Washington 98101 ("Beneficiary") and Its LIJ successors or assigns. The maximum principal amount to be advanced pursuant to Credit Agreement secured hereby is lt- $50,000.00 . The Debt, as defined below,is due and payable in full, if not paid early on 03/10/2030 , 1-Granting Clause. Grantor hereby grants, bargains, sells, and conveys to Trustee In trust, with the power of sale, the real property in WASHINGTON County, ' _ OREGON , described below, and all rights and interest in It Grantor ever gets: — SEE ATTACHED EXHIBIT "A" – – Tax Parcel Number: R476194 3399 lD1/09l901V1 1 ORIGINAL COPY Pop 1{OD w I � • Logo Number: 0009328778 together with all insurance and condemnation proceeds related to It; all Income, rents and profits from it; all plumbing, fghting, air conditioning and heating apparatus and equipment; and ell fencing, blinds, drapes, floor coverings, built-in appliances, and other fixtures, at any time Installed on or in or used In connection with such real property. All of the property described above will be called the "Property". If any of tho Property is personal property, this Deed of Trust is also a Security Agreement which grants Beneficiary, as secured party, a security interest In all such property. As used herein "State" shell refer to the State of Oregon. 2. Obligation Secured. this Deed of Trust is given to secure performance of each promise of Grantor contained herein and in a Home Equity Line of Credit Agreement with Beneficiary with a maximum credit limit of S5O,000.0O (the "Credit Agreement"), including any extensions,renewals or modifications thereof, and repayment of all sums borrowed by Grantor under the Credit Agreement, with interest from the date of each advance until paid at the rates provided therein. The Credit Agreement provides for a variable rate of interest. Under the Credit Agreement, the Grantor may borrow, repay and re-borrow from time to time, up to the maximum credit limit stated above, and ell such advances shall be secured by the Ilen of this Deed of Trust. This Deed of Trust also secures payment of certain fees and charges payable by Grantor under the Credit Agreement, certain fees and costs of Beneficiary as provided In Section 9 of this Deed of ' Trust, and repayment of money advanced by Beneficiary to protect the Property or Beneficiary's interest in the Property, including advances made pursuant to Section 6 below. The Credit Agreement provides that unless sooner repaid, the Debt is due and payable in full thirty (30) years from the date of this Deed of Trust which is 03/10/2030 (the "Maturity Date"). All amounts duo under the Credit Agreement and this Deed of Trust are called the "Debt". 3.Representations of Grantor. Grantor represents that: (a) Grantor is the owner of the Property, which is unencumbered except by: easements reservations, and restrictions of record not inconsistent with the intended use of the Property and any existing first mortgage or deed of trust given in good faith and for value, the existence of which has been disclosed in writing to Beneficiary;and (b) The Property is not used for any agricultural or farming purposes. 4.Promises of Grantor. Grantor promises: (a) Ta keep the Property in good repair and not to remove, alter or demolish any of the improvements on the Property, without first obtaining Beneficiary's written consent; (b) To allow representatives of Beneficiary to inspect the Property at any reasonable hour, and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property; (c) To pay on time all lawful taxes and assessments on the Property; (d) To perform on time all terms, covenants and conditions of any prior mortgage or deed of trust covering the Property or any part of it and pay all amounts due and owing thereunder In a timely manner; (e) To see to it that this Deed of Trust remains a valid lien on the Property superior to all liens except those described in Section 3(a), and to keep the Property free of all encumbrances which may impair Beneficiary's security. It is agreed that if anyone asserts the priority of any encumbrance other than those described in Section 3(a) over this Deed of Trust In any pleading filed in any action, the assertion alone shall be deemed to impair the lion of this Deed of Trust for purposes of this Section 4(e); and (f) To keep the improvements on the Property insured by a company satisfactory to Beneficiary against fire and extended coverage perils, and against such other risks as Beneficiary may reasonably require, in an amount equal to the full Insurable value of the improvements, and to deliver evidence of such insurance coverage to Beneficiary. Beneficiary shall be named as the loss payee on all such policies pursuant to a standard lender's loss payable clause. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in the 3399(01619199)V1 1 ORIGINAL.COPY Papa 2 of 6 0\4 Loan Numbor: 0009328778 same manner as payments under the Note, or at Beneficiary's sole option, released to Grantor. In cat the event of foreclosure or sale of the Property pursuant to the Trustee's power of eels, all rights of Lag the Grantor in insurance policies then in force shall pass to the purchaser at the Sheriff's or Trustee's sale. (g) To sign all financing statements and other documents that Beneficiary may request from time to time to perfect, protect and continue Beneficiary's security Interest In the Property. Grantor irrevocably appoints Beneficiary as Grantor's attorney-In-fact to execute, We and record any financing statements or similar documents In Grantor's name end to execute all documents necessary to transfer title if there is a default. (hi To advise Beneficiary Immediately in writing of any change In Grantor's name, address or employment. 5.Sale,Transfer or Further Encumbrance of Property. The Loan Is personal to Grantor and the entire Debt shall become Immediately due and payable In full upon sale or other transfer of the Property or any interest therein by Grantor, including without limit, any further encumbrance of the Property, 6.Curing of Defaults. If Grantor fails to comply with any of the covenants in Section 4, including all the terms of any prior mortgage or deed of trust, Beneficiary may take any action required to comply with any such covenants without waiving any other right or remedy It may have for Grantor's failure to comply. Repayment to Beneficiary of all the money spent by Beneficiary on behalf of Grantor shall be secured by this Deed of Trust; at Beneficiary's option, advance may be made against the Credit Agreement to pay amounts due hereunder; such shall not relieve Grantor from liability for failure to fulfill the covenants in Section 4. The amount spent shall beer Interest at the rates from time to time applicable under the Credit Agreement and be repayable by Grantor on demand. Although Beneficiary may take action under this paragraph, Beneficiary is not obligated to do so. 7. Remedies For Default. (a) Prompt performance under this Deed of Trust is essential. If Grantor doesn't pay any installment of the Debt on time, or any other event occurs that entitles Beneficiary to declare the unpaid balance of the Debt due and payable in full under the Credit Agreement, the Debt and any other money whose repayment is secured by this Deed of Trust shall immediately become due and payable In full, at the option of the Beneficiary, and all unpaid principal will thereafter bear interest at the Default Rate specified in the Credit Agreement. Additionally, If Beneficiary so requests in writing, Trustee shall sell the Property in accordance with Oregon law, at public auction to the highest bidder. Any person except Trustee may bid at the Trustee's sale. Trustee shall apply the proceeds of the sale as follows: ill to the expenses of the sale,Including a reasonable trustee's foe and attorney's fee, Ili) to the obligations secured by this Deed of Trust; and(ill) the surplus, if any, shall be distributed in accordance with Oregon law. (b) Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the Property which Grantor had or had the power to convey at the time of execution of this Deed of Trust and any Interest which Grantor subsequently acquired. The Trustee's deed shall recite the facts showing that the sale was conducted In compliance with all the requirements of law and of this Deed of Trust. This recital shall be prima fade evidence of such compliance and conclusive evidence of such compliance In favor of bona fide purchasers and encumbrancers for value. (c) The power of sale conferred by this Deed of Trust is not an exclusive remedy, Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage or sue on the Credit Agreement according to law. In connection with any portion of the Property which Is personal property, Beneficiary shell further be entitled to exercise the rights of a secured party under the Uniform Commercial Code as then in effect in the state of Oregon. (d) By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3399101f09/991V1..1 ORIGINAL COPY Pepe 3 of 6 3 _—' r7:77.n n Loan Number: 0009328778 8.Condemnation; Eminent Domain, In the event any portion of the Property is taken or damaged In an eminent domain proceeding, the entire amount of the award, or such portion as may be necessary to fully satisfy the obligation secured by this Deed of Trust, shall be paid to Beneficiary to be applied to the obligation, 9.Feee and Coate. Grantor shall pay Beneficiary's and Trustee's reasonable cost of searching records, other reasonable expenses as allowed by law, and reasonable attorney's fees, in any lawsuit or other proceeding to foreclose this Deed of Trust; In any lawsuit or proceeding which Beneficiary or Trustee prosecutes or defends to protect the lien of this Deed of Trust; and, In any other action taken by Beneficiary to collect the Debt, Including without limitation any disposition of the Property under the State Uniform Commercial Coda; and, any action taken In bankruptcy proceedings as well as any appellate proceedings. 10.Reconveyance. Trustee shall roconvey the Property to the person entitled thereto, on written request of Beneficiary, or following satisfaction of the obligations secured hereby, and Beneficiary and Trustee shall be entitled to charge Grantor a reconvoyance fee together with fees for the recordation of the reconvoyance documents unless prohibited by law. 11.Truetere Successor Trustee. Beneficiary may, at its option, unless prohibited by law, appoint a successor Trustee from time to time in the manner provided by law. The successor trustee shall be vested with sit powers of the original trustee. The Trustee is not obligated to notify any party hereto of a pending sale under any other deed of trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shell be a party unless such action or proceeding is brought by the Trustee. 12.Miecelleneous, This Deed of Trust shall benefit and obligate the heirs, devisees, legatees, administrators, executors, successors, and assigns of the parties hereto. The term "Beneficiary" shell moon the holder and owner of the note secured by this Deed of Trust, whether or not that person is named as Beneficiary heroin. The words used in this Dead of Trust referring to one person shall be read to refer to more than one person if two or more have signed this Deed of Trust or become responsible for doing the things this Deed of Trust requires. This Deed of Trust shell be governed by and construed in accordance with federal law and, to the extent federal law does not apply, the laws of the State. If any provision of this Deed of Trust is determined to be invalid under law, the remaining provisions of this Deed of Trust shall nonetheless remain in full force and effect. 13. Beneficiary and Similar Statements. Beneficiary may collect a fee in the maximum amount allowed by law, for furnishing any beneficiary statement, payoff demand statement or similar statement. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF ACCEPTABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CiTY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. 3399(01/05(991V1.1 ORIG:NAL COPY Yopo 4 ct 5 • 4 ILoan Number: 000932077B By signing below, Grantor accepts and agrees to the provisions of this Dead of Trust and of any rider(s) executed by Grantor concurred therewith, DATED at TIGARD OREGON , 14TH day of MARCH 2000 GRANTOR(S): aD • -0L1 ' STAR L' ■ STATE OF OR &t0 _ ) ss. COUNTY OF wAS VA l 1Nesil 0 — } This instrument was acknowledged before me on M ArtJ4 ILI r 2 000 , by 1 C,\,,vGi t A L . U ' \ _ and �'ti'{r a r, L.• L -:c LA ■♦ 4 OFFICIAL SEAL �. DAR RN OUILL.EN NOTARY PUSUC-OREGON COMMISSION EXPIRES NO,304}485 ` a,1-e o4 MY COMMISSION D�tRES FEB t0,2002 Notary-tt==uhllc for: ALL!"""'��� My Commission expires U 1.-1 t o I) L. REQUEST FOR FULL FlECONVEYANCE Do not record.To be used only when Grantor's indebtedness has been repaid and Credit Agreement cancelled. TO: TRUSTEE The undersigned is Beneficiary of the within Deed of Trust, and the legal owner and holder of the Home Equity Line of Credit Agreement secured thereby. Said Deed of Trust is hereby surrendered to you for reconvoyance and you are requested, upon payment of all sums owing to you, to reconvey, without warranty, tel the person(s) entitled thereto, the right, title and interest now held by you thereunder. DATED By Its 3399 i01 5195)V 1 1 ORIGINAL COPY Pipes m 6 5 • Order No. 90.910296.28 EXHlBiT "ONE" • A tract of land located In the Southwest quarter of Section 3, Township 2 South, Range 1 � , • West of the Willamette Meridian, In the City of Tigard, County of Washington, arid State of Oregon,said tract being a portion of the land described in Document No. 8134775,Washington •N • County Deed Records, more particularlyy described es follows: • • Beginning at the Southeast corner of the land described in Document No.' 98032380, Washington County Deed Records,witnessed by a 3/4 inch iron pipe sot in Survey No. 7783, Washington County Survey Records (said point bearing North 47°22'32"West 1718.97 feet • from the South quarter corner of Section 3, Township 2 South, Range 1 West, Willamette —"" Meridian, record data, Survey No. 21382); thence North 31° 17'39"East on the East line of the land described In Document No. 96032380, 82.84 feet to a 5/8 inch iron rebar with yellow plastic cap inscribed "J. Peterson P.L.S. #1858", set in Survey No. 21 382; thence North 62°56'24"West 70.21 feet to the Southeasterly right-of-way line of SW 121st Avenue, County Road No. 41 1; thence North 31 °17'46"East on said right-of-way line 89.76 feet to a 5/8 inch iron rebar with yellow plastic cap inscribed "J. Peterson P.L.S. #1858",set in Survey No. 21382; thence South 65°39'24"East on the North ling of the land described in Document No. 864775,255.67 feet to a 5/8 inch iron rebar at the Southeast corner of Lot 3, "Woodcrest" Subdivision; thence continuing South 85°35'24"East on the South line of Lot 4, "Woodcrest" Subdivision 70.78 feet to the Northeast corner of the land described in Document No. 884775, witnessed by a 5/B inch iron rebar inscribed "J. Peterson P.L.S. #1858",set in Survey No. 21382; thence South 24°17'51"West on the West tine of the land described in Document No. 9004794,136.12 feet to the North line of the land described in Document No. 95010870; thence North 75°39'42"West on said North line 158.83 feet to the point of beginning. (.0 STATE OP OREGON cry a Wsshyg } 88 +Went,Jury,::4,111.41.1.11,!". of Assessand - ment d�l9V"x r►.• •said r. • 0°c : 2000044272 Rect: 256041 Yp 62.00 06/05/2000 03:24:26 pa e! • • 1- 9 NMI Or ORISON t M rill111111111111111111111111111111111111111111•;6;" *Please re—record to correct legal,Previously recorded as fee /2000021784. � 1'oording requested by end, i:, recorded return to: s�.. WASMtNOTON MUTUAL.SANK * ,'r.�+4•r/+,E,• WASHINGTON MUTUAL C/o DATAPLiX 11031.73R13 AVE W ?• * • 1 c LYNNOOD,WA 03036 � q ;{ -,7 ' ce W ATTN;MAlL>STOP:11 UDPWA Doc t 20000217/4 Loan Number 0008325778 Rect: 251012 00 03/20/2000 0111111,ps ` I Wadolagtom 1 Qf CJI�fi11wliftT t1� Matual 0110 OF MST/ dr fawn ties Qnh/ THIS DE.:7 OF TRUST Is between: r J RICHARD L.ULRICH ANO SHARON 1,ULRICH,AS TENANTS SY THE ENTIRETY, whose address is 13600 SW 121ST AVE, TIGARD,OR 87223.2045 (*Grantor"): FIDELITY NATIONAL TITLE a CALIFORNIA corporation,the address of w:kdt Is 401 SW FOURTH AVE. PORTLAND,OR 07204 ('Trusteei;and Washington Mutual Bank, which is organized and existing under the laws of Washington State, end whose address Is 1201 Third Avenue, Seethe, Washington SB101 I'Benefciery') end Its successors or soigne LL The maximum principal amount to be advanced pursuant to Credit Agreement secured hereby is $60,000.00 , The Debt,es defined below,is due and payable In full,If not paid early on 03110(2030 1.Orerting Clouse. Grantor hereby grants, bargains, sells, and conveys to Trustee in trust. with the power of idle,the real property In WASHINGTON County, OREGON _,described below,and alt rights and Interest In it Grantor ever gets: —— SEE ATTACHED EXHIBIT'A' -•- — Tax Parcel Number: 8476184 arse o+AVeevI r ORroalAI COPY nwIde � _tp Z Lea+fharoben 00011311677e togethW whit IN I neurinoe and oondemnation proceeds releted to tt; d income, rests and profits from It all plumbing,lighting,air conditioning and hesdng apparatus and equipment;and ai Wain& binds.dralw.floor covering., built-in .pianos.,and other fixtures, et any dm*invaded on or in or used in connection with such red property. AM Of the property described above will be called the 'Property. If any of the Property is persona property, this Deed of Trust la also a lleourity Agreement which grants faansttoisry, se secured party, • **rutty Interest In d such property. As used herein 'Staoe• aid rear to the State of Oregon, 2. Obilgewn Noised. This Deed of Trust Is given to secure performance of etch promise of Grantor oonta nsd herein and in a Home hulty Line of Credit Agreement with Sensfloisry with a mandmum credit limit of 1150.000.00 (the 'Credit Agresmsni). Inctudktg any extensions,renewals or modification thereof,and repayment of W sums borrowed by Grantor under the Credit Agreement, with Interest from the data of each adverse until paid at the raw provided therein. The Credit Agreement provides for a variable rats of interest. Under the Credit Agreement, the Grantor may borrow, repay and re-borrow from time to time, up to the maximum audit limit stated above, and ell such advances shell be seocred by the lien of this Deed of Trust. This Deed of Trust also secures payment of certain tees and charges payable by Grantor under the Credit Agreement, certain fees and ousts of Sen.fiolay ss provided in Section g of this Deed of Trust, end repayment of money advanced by Beneficiary to protect the Property or Beneficiary's interest In the Property, including advenooe made pursuant to Section a below. The Credit Agreement provides that unless sooner repaid,the Debt Is due and payable in full thirty (30)yeas from the data of this Deed of Trust which Is 03/10/2030 (the'Maturity Date').A)1 amounts due under the Credit Agreement and this Deed of Trust are called the'Debt'. 3.11spree ntadons of Grantor. Grantor represents that (a) Grantor Is the owner of the Property, which Is unencumbered except by: seeements reservations, and restrictions of record not Inconsistent with the Intended use of the Property and any existing first mortgage or deed of trust given in good faith and for value,the existence of which has been disclosed In writing to Beneficiary;and (b) The Property Is not used for any agricultural or farming purposes. 4.Promiesse of Grantor. Grantor promises: (a) To keep the Property in good repair and not to remove, atter or demolish any of the Improvements an the Property,without first obtaining Beneficiary's written consent; (b) To allow representatives of Beneficiary to Inspect the Property at any reasonable hour, and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property; (c) To pay on time all lawful taxes and assessments on the Property; (d) To perform on time all tams,covenants and conditions of any prior mortgage or deed of trust covering the Property or any pert of it and pay ell amounts due and owing thereunder in e timely manner; (e) To see to it that this Deed of Trust remains a valid lien on the Property superior to all liens except those described In Section 310, and to keep the Property free of an encumbrances which may Impair Beneficiary's security. It Is agreed that If anyone essarts the priority of any encumbrance other than those described In Section 31e) over this Deed of Trust In any pie/ding filed In any action, the assertion alone shall be deemed to Impair the lien of this Deed of Trust for purposes of this Section 4(a);and (f) To keep the Improvements on the Property Insured by ■ company satisfactory to Beneficiary against firs and extended coverage perils, and against such other risks es Beneficiary easonably require, In an amount equal to the full insurable value of the improvements, and to dative evidence of such insurance coverage to Beneficiary. Beneficiary shall be named as the loss payee on all such policies pursuant to ■ standard lender's loss payable clause. The amount collected under any Insurance policy may be applied upon any Indebtedness hereby secured in the see ctas sffrr ORIONAL COPY Papa 0* .9\ 101111 • teem fkaMn oottsyi earns rflarmner es payments under the Note,Or at Beneficiary's sole option, misled to O M SK. In the event of foreclosure or sale of the Property pursuant to the Trutt's's power of sae,IS rights d the tremor In insurance policies then in force thee Pass to the ptrhhaeer at the Shone'. ear Trutss's sale. (g) To sign sal financing statements and other documents that Beneficiary may st from time to time to perfect,protect end continue Beneficiary's ssotrtty interest In the Property. Grouter Inevooably appoints Beneficiary as Grantor's attorney-an.fact to execute, tie and record any Roaming attsrrtents or similar documents In Grantors name end to execute all documents necessary to transfer Ude If there la a default. thi To advise Beneficlary immediately Can writing of any change In Grantor's name,address a elheio ant. B.Side,Transfer or Further Encumbrance of Property. The Lan Is personal to Grantor and the entire Debt shah become Immediately due and payable in rule upon sale or other treater of the Property or any Interest therein by Grantor, including without knit,any further encumbrance of the Property fl.Qaing of Defaults. If Grantor toga to comply with any of the covenants in Section 4, Including at the terms of any prix mortgage or deed of trust, Beneficiary may take any action required to comply with any such oovennte without waiving any other right or remedy it may have for Grantor's failure to comply. Repayment to Beneficiary of at the money spent by Beneficiary on behalf of Grantor shall be secured by thla Deed of Trust: et Beneficiary's option. advance may be made against the Credit Agreement to pay amounts due hereunder;such shall not relieve Grantor from Itbgity for failure to fulfill the covenants In Section 4.The amount spent shalt boar interest at the rates from time to time applicable under the Credit Agreement and be repaysbte by Grantor on demand. Atthouglh Beneficiary may take action under this parsgreph,Beneficiary is not obligated to do so, 7. Remedies For Daftahft.. (s) Prompt performance under this Deed of Trust Is essential. If Grantor doesn't pay any installment of the Debt on time, or any other event occurs that entitles Beneficiary to readers the unpaid balance of the Debt due end psyebie In fug under the Credit Agreement, the Debt and any other money whose repayment Is secured by this Deed of Trust shag Immediately become due and payable In full, at the option of the Beneficiary, and all unpaid winded will thereafter beer interest at the Default Rats specified In the Credit Agreement. Additionally, If Beneficiary so requests In writing, Trustee shell sell the Property in accordance with Oregon law, at public suction to the highest bidder. Any person except Trustee may bid it the Trustee's sale. Trustee shag sppty the proceeds of the sale as follows;(i)to the expenses of the sale,including a reasonable trustee's fee and attortrey'e tee, (ii)to the obligations secured by this Deed of Trust:and fill)the surplus,If any, shall be distributed In aocordnce with Oregon few. (b) Trustee shell deliver to the purchaser at the saie its deed, without warranty, which shag convey to the purchaser the interest in the Property whk,h Grantor had or had the power to convey at the time of execution of this Deed of Trust and any interest which Grantor subsequently acquired. The Trustee's deed shell recite the facts showing that the sale wee conducted In oompliaroe with all the requirements of law and of this Deed of Trust. This recital shall be prima facie evidence of such oompiince and conclusive evidence of such compliance in favor of bone fide purchasers and encumbrncers for value. (o) The power of safe conferred by this Deed of Trust Is not en exclusive remedy. Beneficlry may cause this Deed of Trust to be foreclosed as a mortgage or sue on the Credit Agreement according to law- In connection with any portion of the Property which Is personal property, Beneficiary shell further be entitled to exercise the rights of a secured party under the Uniform Commercial Code as then In anent In the state of Drawn (d) By accepting payment of any sum secured by this Deed of Trust after Its due date. Benefioay does not waive Its right to require prompt payment when due of ell other sums so secured or to declare default for failure to so pay. usectaservr.t OlacaIILLCOP! P a•C 3 LI- LaGa stator atrTTa 11.0ardaaraaeWri baba* Derr s . In the event any portion of to lropwly Is WIN f r damaged In.n eminent dom.rt proosadng,the entire amount of the&'ward,of dash Morten MI racy be necessary to My satisfy the oblgston seared by this Deed of Trust, ed,ce be pie to S sfb ry to be applied to the obipation. Creme sad Ong. Grertor.hell pay bensfloiery's and Trustee's reasonable coat of searet+Yhg records, other rtesonebie expenses es allowed by law, and reasonable ettomey's tee. In any {moult or other proceeding to f reolosee this Deed of Trust in any lawsuit or prooSedirtg width /en.Aolry or Trustee prosecutes or defends to protect the Men of this Deed of True;end, M iingl other action taken by beneficiary to cots=the Debt.including without Imitation arty awnless M. the Property under the State Uniform Conxnerolal Code; and, any action taken In bankruptcy cy proceedings es wet M any appellate proceedings. 10.Reoonveyerw. Trustee shall motives, the Property to the person indeed thereto, on written request of Beneficiary, or following metafiction of the obigstfons secured hereby, end B eneficiary and Truth slue be entitled to charge Grantor •reoonveyenoe foe together with fast for the reoordation of the reoonveyanoe document.unless prohibited by law. 11.TnrMs;Successor Trusses. Beneficiary may,Is Its option,unison prohibited by law,appoint a air Trustee from time to time In the manner provided by law. The sceooeesor trustee dug be vested with M powers of the original trustee. The Trustee I. not obligated to notify eery party hereto of a pending sale under any other deed of trust or of any action cr proossdng in which Grimm, Trustee or Beneficiary shell be a party unless such action or proceeding Is brought by the Trustee. 12.1iliroeisneaa. This Deed of Trust shall bsnuftt end obiigets the heirs, devisees, legatees, administrators, executors, suooessors, end assigne of the parties Isamu.. The term 'arheltdsrr shall mean the holder and owner of the note secured by this Deed of Trust, whether or not that person Is named III Beneficiary herein. The words used In this Deed of Trot referring to one person ahak be read to refer to more than one person if two or mors have signed this Deed of Trust ur become responsible for doing the things this Deed of Trutt require.. This Deed of Trust shell be governed by end oomtrusd in accordance with federal law and, to the extent federal law does not eppty,the taws of the Stets.It any provision of this Dead of Trust to determined to be invaed under law,the remaining provWona of this Deed of Trust sheets rwn.i heisea remain In full force and effect. 13. beneficiary and Simian Statements. Beneficiary may collect a fee kt the maximum amount allowed by law, for furnishing any beneficiary statement, payoff demand statement or similar state ant. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INRTRUMf3fT IN VIOLATION OF ACCEPTABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. saeohASnever ORIPIMAL COPY apse. LI _5 • teen meow =UM PI Sy it iing below,Grantor aooepta Ind grew to the provWar of this Dad of Truitt and of ally Merle)moused by Grantor concurred therewith. DATES K T1OARD (AEMON , _day of fr{Al1Cll 21201-. GRANTOR(S): in4rhicrt4 t2t11444-A- STATE OF OF-&t 0 IJ ) COUNTY OF WASH This Instrument was acknowledged before ms on MIr M )L!r 7.0 00 by Qt`Lirp{ 1.. 01■►;ck ShRson L. V)1v:t.4k OWN Daunt _ NOTARY PUILCONIBION OOeaaaalON110.KWel W 031e11110101PIIII PUB10,ma No for: a.. A,... +a 111, My Commission expires 07-I l O J 0 U - REQUEST FOR PULL RECONVEYANC Do not record.To be used only when Grantor's indebtedness has been repaid and Crest Agreement Der c sal. TO: TRUSTEE The Is f3ensfld of the within Deed of Trust. and the legal owner and holder of the Horr»�Line of Credit Agreement secured thereby. Said Deed of Trust IS hereby surrendered to you for rsconveyance and you ere requested, upon pernent of all sums owing to you, to reconvsy, without warranty, to the persons) sntttlsd thereto, the right. title end interest now held by you thereunder. DATED By -- ---- Its --- - s151 o mewl.1 ORrGatAL COI' nit►a et II 5 S• EXHIBIT 'ONO" A treat of lend WSW in ttte Southwest warts/of Section!,T• p - ! WOO of the Willamette Mandlarldrt the City of ,Count/of -^• Oregon said treat being a portion of the land deecr id In • •• No. ,s�' _., ,. County Deed!Words,more p rtioularty de.ofbed as follows. Spinning st the Southeast corner of the land • • • In Document No. • •• •. • Wtahkrptan County Dead((words,witnessed • a 314 • Iron pips set In W. ngton County Survey Records(said point North 47622•32•Went 171 • '`• . '- 1lanpe 1 Wei, from the tauter quarter comer of dectton A,T.• • '4. 2 South, Wt des • .j Meridian,record data,Survey No.213821; • North 31•17•39' on .,. ' the land described In Document No. 96032- ..,62.84 fest to a 5/8 inch Iron • IL '. v'Jow plbedo oaf k»oribed'J. Peterson P .8. 01868',ast In Sunray No.21 312; • ; .i + • tlorot 62.86'24 Wart 70.27 fart to the right-of-way line of SW 171stAv.IYA;, County Reed No.411: thence North 3 17'46'East on said rlght•af-way tin 80.7$leM f� • 6/8 loch Iron mbar with yellow • •• cap inscribed 'J. Paterson P.L8. 1118",est In `' t• Survey No.21382; thence South • •°39'24 East on the North tine of the lend described in Document No. 034775,265.67 to a 518 Inch Iron mbar at the Southeast owner of Lot 3, 'Woodcrest' Subdivision; • continuing South 56 035'24'East on the South Ina of Lot 4,•Woodarest' : .. . 70.78 feet to the Northeast corner of the land described In Document No. 884776, • • by a 5/8 Inch Won nibs( Inscribed 'J. Peterson P.L8. 01888',met kt Sunny No 1382; thence South 24°17'51'West on the West Fine of the land described In Don No.9004794,136.12 feat to the North line of the land deeorlbed In Document No.950 *870; thence North 75°39'42'West on saki North Lne 156.63 feet to the point of tap ,, (19 • • .• • ,, . 5 II ,T r • ' Y. .+may • ,a ,s3.:• t1.. I..Mrry H Ranson.Director of Asxarment and 1.t a:) Taaatfon and Ex-Offlcid County Clerk for Waahin�on County,do hcteby ternly thus to bef■• �� ...• '�•--,.r4. true and carted copy of the artpnaJ �1� 111'6 4%11 • •• Date:_�(4�t- 2, '2Qpo � `• i Title:_ x�Q,,adLdaw. (f J C._J Lender's Stand rd Order No.: 90.910208-28 Policy No.: 27-04142 388308 EXHIBIT "ONE" A tract of land located In the Southwest quarter of Section 3,Township 2 South,Range 1 West of the Willamette Meridian,in the City of Tigard,County of Washington,and state of Oregon,said tract being a portion of the land described in Document No.88004776 Washington County Deed Records,more particularly described as follows; Beginning at the Southeast corner of the land dascribed In Document No. 88032380, Washington County Deed Records,witnessed by a 3/4 inch Iron pipe set in Survey No. 7783,Washington County Survey Records(said point tearing North 47°22'32'West 1718.97 feet horn the South quarter corner of Section 3,Township 2 South,Range 1 West,Willamette Meridian,record data,Survey No.21382); thence North 31°17'39"East on the East line of the land described in Document No.98032380,82.84 feet to a 5/8 inch Iron reber with yellow plastic cap Inscribed'J.Peterson P.L.S./1858',at in Survey No.21382,lest said 5/8 inch iron rube,being in the South line of the tract of land conveyed to Richrd Ulirich, at ux In Book 808, Page 373; thence North 70°44'51'West, 141.79 fat,more or lees,to a 5/8 inch Iron reber with a yellow plastic cap Inscribed 'RAJ LS 2726'; thence North 82°58'24' West 70.27 feet to the Southeasterly right-of-way line of SW 121st Avenue,County Road No.411; thence North 31°17'46'East on said right-of.wey line 89.76 feet to a 518 Inch Iron reber with yellow plastic cap Inscribed'J.Peterson P.L.S.11658',set in Survey No.21382; thence South 65°38'24' East on the North line of the land described In Document No.864775, 255.67 feet to a 5/8 Inch Iron rebut at the Southeast corner of Lot 3,'Woodcraft' Subdivision; thence continuing South 85°35'24' East on the South line of Lot 4,'Woodcraft'Subdivision 70 78 feet to the Northeast corner of the led described In Document No. 884775,witnessed by a 5/8 Inch iron reber Inscribed'J.Peterson P.L.S. #185B", set in Survey No. 21382; thence South 24°17'51' West on the West line of the land described In Document Na.9004794,136.12 feet to the North vine ut the lend described in Document No, 95010870; thence North 75 039'42' West on said North line 168.83 feet to the point of beginning. Page 2 9 TINDALL PARTITION 3-LOT MINOR PARTITION APPLICATION PRESENTED TO CITY OF TIGARD COMMUNITY DEVELOPMENT APPLICANT: KAREN TINDALL 8555 SW SAGERT STREET TUALATIN, OR 97062 APPLICANT'S REPRESENTATIVE W.B. Wells & Associates ATTN: MARK PERSON 4230 NE FREMONT STREET PORTLAND, OR 97213 TINDALL PARTITION 3-LOT MINOR PARTITION LIST OF EXHIBITS 1. DEVELOPMENT APPLICATION 2. PRE-APP NOTES 3. NARRATIVE 4. DEVELOPMENT PLANS 5. PRE-SCREEN FORM 6. ARBORIST REPORT EXHIBIT 1: DEVELOPMENT APPLICATION CAFFALL SW 121ST PARTITION PRE-APR HELD BY 711 CITY OF TIGARD PLANNING DIVISION LAND USE PERMIT APPLICATION City of Tigard Permit Center 13125 SW Hall Nut, Tigard OR 97223 Phone. 503.639.4171 Fax:503.598.1960 File# pia d.o.v o..O9 b� Other Case# Date 1�7 4,9t 0 0 By - . Receipt# 4°11g S449-- Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR El 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) El Zone Ordinance Amendment(IV) ❑ Historic Overlay(II or III) El Site Development Review(II) ❑ Home Occupation(II) ❑Subdivision(II or III) LOCATION WHERE PROPOSED ACIIVITYW1LL OCCUR(Address if available) 1 .3 500 3 cD I Z I 'St- AV e, TAX MAPS&TAX LOT NOS. • 'Z 3 I C1 S C.D Li Soo TOTAL SITE SIZE ZONING Q.ASSIFICATION Z Li . 5 APPLICANT* S11.61\GVeVt 1-7v16\0.11 6 ci-cr.-z,1 1 (0,-, S 1-1/1,A(1-11/4.5i."--. ADDRESS/QTY/STATE/ZIP I 5 5 e S ( J S 4 yit. ✓ r u oL l , 62 1---+ Ors Z PONE NO. FAX NO. (03-UCl I - G3 -I 'S - CoQ 2 - q t 1 PRIMARY CONTACT PERSON PHONE NO. 1,,)(?) melts Mkvi n v k (2rsoil X03 " Z 014 - GO/ 6 PFl OPERTY OWNER/DEED HOLDER(Attach list if more than one) 1-C,'laV 9 ') (ur�n a(IVILLB IN ADDRESS/QTY/STATTfEEE/ZIP 13156b ) (2I -sr kv- 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) (..,VI : 5 utopi•c,...1u✓1 ( s b' G: '--S" 1uI" 0I.✓16.^ p„,..-iv! `, 0,„ JI 1✓tJ l Y lo.i ,..e_ l ‘,.., v 3.4-0 t .J,( l Y r wi i c. - p re p,:c,c' i 7 ✓c. 1 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. 1--"")1FIA.,1 44-C--1‘,/ /,/, --a/o Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date : kit to/2 0,6 Appli •nt/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date PCP__ - ApP1iccLTiov) Conference J\Jcks EXHIBIT 2: PRE-APP CONFERENCE NOTES CAFFALL SW 121ST PARTITION CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES (Pre-Application Meeting Notes are Valid for Six (6) Months) `PRE-APP.MTG.DATE: —r I ^^w�'' t ��1O STAFF AT PRE-APP.: (�v /KA RESIDENTIAL APPLICANT: Ca- 4"o- �� don_s o- co. i J- i -' AGENT: Kel-re �1 n c�o�f i Phone: (5o.3) 5 `77 —40170 Phone: (5a3),,91-1851 PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: /335Da Sw ,.. 1 s+ ,4ve_nue TAX MAP(S)/LOT #(S): aS i 0E L D — 04500 NECESSARY APPLICATIONS: M i - o c- Land Pet-r4 i Odtt-P) PROPOSAL DESCRIPTION: 3 - 104- pa r4; one_ 2_x 154:•1ci ►-es a tt of COMPREHENSIVE PLAN MAP DESIGNATION: Lo.&) tben s, fie s,de i-k I ZONING MAP DESIGNATION: - 4.5 ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 5,0 1 MINIMUM LOT SIZE: sq. ft. Average Min. lot width: 5) ft. Max. building height: ft. Setbacks: Front ft. Side ft. Rear i5 ft. Corner i. ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: — %. GARAGES: ft. I I 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. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 Residential ApplicationlPlanning Division Section • N.1 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. ( \fi 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 AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at 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. 7 ACCESS (Refer to Chapters 18.705 and 18.165) _/-s to P°std, Minimum number of accesses: I Minimum access width: 15 ft,e-1-. Minimum pavement width: /0 -PP e f WALKWAY REQUIREMENTS (Refer to Code Chapter 18.7051 Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. I RESIDENTIAL DENSITY CALCULATION [Refer to Code Chapter 18.7151-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: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq.ft. of gross site area 43,560 sq. ft. of gross site area 8,712 sq. ft. (20%)for public right-of-way 6,534 sq. ft. (15%)for public right-of-way NET: 34,848 square feet NET: 37,026 square feet 3.050 (minimum lot area) ± 3.050 (minimum lot area = 11A Units Per Acre = 12. 1 Units Per Acre The Development Code requires that the net site area exist for the next whole dwelling unit NO ROUNDING UP IS PERMITTED. Minimum Project Density Is 80%of the maximum allowed density.TO DETERMINE THIS STANDARD,MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 Residential Application/Planning Division Section ® SPECIAL SETBACKS [Refer to L J Section 18.7301 �--. STREETS: feet from the centerline of FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable zoning district for the primary structures'setback requirements.] Lf 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.C.2 are satisfied. BUFFERING AND SCREENING [Refer to Code Chapter 18.7451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the 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 boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: ❑ LANDSCAPING [Refer to Code Chapters 18.745,18.765 and 18.705] STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. RECYCLING [Refer to Code Chapter 18.755] 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. Lenny Hing is the contact person and can be reached at (503) 625-6177. CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9 Residential Application/Planning Division Section l PARKING [Refer to Code Chap. , 18.765 8 18.7051 ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. • Single-family Requires: One 1 off-street parking space per dwelling unit; and One (1) space per unit less than 500 square feet. • Multiple-family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. ➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. BICYCLE RACKS [Refer to Code Section 18.765) 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 DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. STEEP SLOPES [Refer to Code Section 18.715.O10.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.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. INT CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R&0 96-44/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residential Application/Planning Division Section ABLE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION&ORDER 96-44 SENSITIVE AREA DEFINITION SLOPE ADJACENT WIDTH OF VEGETATED TO SENSITIVE AREA CORRIDOR PER SIDE2 • Streams with intermittent flow draining: <25% 10 to <50 acres 15 feet + >50 to <100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet ♦ Existing or created wetlands >0.5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres ♦ Natural lakes and ponds • Streams with intermittent flow draining: >25% 30 feet 10 to <50 acres >50 to <100 acres 50 feet • Existing or created wetlands >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine' Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. 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 provided for in the USA Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a se arate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. (S 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 R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. I 1 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 may be filed for Director's review. TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.C.) A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9 Residential 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. J 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 REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. [X 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. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 Residential Application/Planning Division Section • FUTURE STREET PLAN AND EXTEA A OF STREETS [Refer to Code Section 1.. i0.030.F.1 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. �C ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 21/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. X BLOCKS [Refer to Code Section 18.810.0901 The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. CODE CHAPTERS - 18.330(Conditional Use) 18.620(Tigard Triangle Design Standards) 18.765(Off-Street Parking/Loading Requirements) 18.340(Director's Interpretation) 18.630(Washington Square Regional Center) _ 18.775(Sensitive Lands Review) 18.350(Planned Development) x 18.705(Access/Egress/Circulation) _ 18.780(Signs) 18.360(Site Development Review) 18.710(Accessory Residential Units) _ 18.785(Temporary Use Permits) - 18.370(Variances/Adjustments) 18.715(Density Computations) r 18.790(Tree Removal) 18.380(Zoning Map/Text Amendments) 18.720(Design Compatibility Standards) 18.795(Visual Clearance Areas) 18.385(Miscellaneous Permits) 18.725(Environmental Performance Standards) _ 18.798(Wireless Communication Facilities) 21 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) 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) 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) CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residential Application/Planning Division Section ADDITIONAL CONCERNS OR COMMEC �a.C.Vrr,i 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 8'/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. CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 Residential Application/Planning Division Section • The administrative decisic r public hearing will typically occur a, oximately 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 . A basic flow chart which illustrates the review process is available from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. SUBDIVISION PLAT NAME RESERVATION (County Surveyor's Office: 503-640-8884) PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Gode 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: (1)11/Li-IL . 00`' CITY OF TIGARD PLANNING` (VISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: 503-639-4171 FAX: 503-684-7297 EMAIL: (s4awFr )t namtq@ci.tigard.or.us Cam.he oil e F./-t1<air —O.` . TITLE 18(Co OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: www.ci.tigard.or.us H:\patty\masters\Pre-App Notes Residential.doc Updated: 15-Dec-04 (Engineering section: preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Residential Application/Planning Division Section PRE-APPLICATION CONFERENCE NOTES 1,1 9 IGARD ENGINEERING SECTION Q CItyN Mud,Oregon Community(Development Shaping Better Community PUBLIC FACILITIES Tax Map[sl: 2S103CD Tax Lot[sl: 4500 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: X SW 121st Avenue to 35 feet from centerline (3-lane Collector) SW to feet SW to feet SW to feet Street improvements: X Half street improvements will be necessary along SW 121st Avenue, to include: ® 23 feet of pavement from centerline ® concrete curb ® storm sewers and other underground utilities ® 6-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 Department Section street improvements will be necessary along SW , to include: I I feet of pavement concrete curb storm sewers and other underground utilities -foot concrete sidewalk street trees I I street signs, traffic control devices, streetlights and a two-year streetlight fee. I Other: I I street improvements will be necessary along SW , to include: I I feet of pavement 7 concrete curb storm sewers and other underground utilities -foot concrete sidewalk n street trees I I street signs, traffic control devices, streetlights and a two-year streetlight fee. Other: I street improvements will be necessary along SW , to include: feet of pavement 1 1 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. I 1 Other: street improvements will be necessary along SW , to include: feet of pavement I 1 concrete curb storm sewers and other underground utilities -foot concrete sidewalk I street trees I street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OFTIGARD Pre-Application Conference Notes Page 2 of 6 Engineering Department Section .1 J 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.) 121St Avenue (2.) Overhead Utility Lines: X Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 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 121st Avenue (opposite 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 121st Avenue and in Tract A of Whistler's Walk No. 2. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to provide separate connections for each parcel to the public sewer. The existing septic system must be abandoned according to WACO requirements. Any outstanding sewer reiumbursement district balances must be paid prior to issuance of permits. Water Supply: The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. 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. Stormwater runoff must be directed to a public storm sewer line or approved ditch or swale. On-site disposal of stormwater runoff is not allowed. A fee-in-lieu of on-site detention will be allowed. 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, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: I 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) 18.705.030.H.1 Provide preliminary sight distance certification for driveway access onto 121St Avenue, if access is approved. 2) 18.705.030.H.2 Address the influence area of a collector intersection if proposing to keep access on 121St Avenue. 3) 18.705.030.H.3 Address the spacing standard minimum of 200 feet if proposing to keep access on 121st Avenue. If this standard cannot be met the applicant must apply for an adjustment according to 18.370 and 18.810.030.Q.5. TRAFFIC IMPACT FEES CITY OFTIGARD Pre-Application Conference Notes Page 4 of 6 Engineering Department Section In 1990, Washington County .-)pted a county-wide Traffic Impact e (TIF) ordinance. The Traffic Impact Fee program collects ...es from new development basea the developments projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. Pay 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 CITY OF T1GARD Pre-Application Conference Notes Page 5 of 6 Engineering Department Section cases where the lot I are working on has slopes in -cess of 20% and foundation excavation material is i. .o be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: c' � 9 • 9 -0(p ENGINEERING DEPARTMENT STAFF DATE Phone: [503)639-4171 Fax: (503)624-0752 document4 Revised: September 2, 2003 CITY OF TIGARD Pre-Application Conference Notes Pale 6 of 6 Engineering Department Section • elv 90 326.45' e1v295 lir 5'i Approx. 176.25' �, elv300 6T V 12.5x24 shed 21 Parcel 3 ar 1"-30'• �, �` co Approx.14,432 sq ft CIO ce 34' 8/19/06 0 I °$. Proposed house Parcel 1 52' 13'10" (IPsssl A rox.14920s ft "' s . . . . ..:.::.:.:-•PP q ':' .. . .. . o F . M • 26'11" ::COil itii• en an' . . . . . . . . . . '~ e1v295 APProx 33.00' Approx... ' _ :'; 146.25 7.54 Tract"A"or egress easement 121.30' elv300 ' • c.:cd'• — 29 6" 70.27 20':• ':Cdried�iu•:•: C/II) 40 �:. . . . Proposed house 6' o 01 26'6, 14 ry 19'6" oo ' — � — , Parcel 2 131 e1v290 I ...1 8 ILO,.lmol � ;Jr h, Approx 9200 sq ft MK gip el ii r 4� re Wiliiiiiii11111111w JAMES � " r� 1 `` 11 83' " F 158 !IUJU!U ink ' e1v295 F0�1 +40�� ` - - I' Applicant: O enui ���� �*.�. , �\ Caffall Construction 'w � 1'll1�Fl�'�1rl1l�r� + 4,44;�4' ! , 8555 SW Sagert St. �►�� HO L OW r�� 4 ����� Tualatin OR 97062 V Lii. 2 , i���1�?R���j1`. �. '���•�� •� �s�Ill contact: artziviii II iviii�'r N r ; ``�a Karen Tindall (� in atl-m.al W 1! ' ,t�i i r WW, ,%.k.,____gli (4101,y- . f malt. - , Phone: 503-691-9851 Ell..P. r ftr , Eno 'VW air �2 W� ' , �� , Fax: 503-692-9717 NM ar ism m�Fe-am. S TL ERA ,A j d al ,AM ∎ ■ 1 Email: tonrindal l @caffallconstruction.com nil F r�a� �i � 1 ■r � - - - - r�� , era.r w ; ♦ -::'' :"� LAY fir` �i�■r���►�,►�, F ■... ,�lei r < 8 S Atiai � inala�lk 4r.I I No _ - Property Description: iip ` '. ;: `. I woe Existing Site Area: 38,617 sq ft.; .89 acres �* ' Wow ' �`���E ' �� NI Address: 13500 SW 121st Ave. 97223 . i41 Atf , �, ' r State ID: 2S103CD04500 IlL■Aa ` i� ; _/ Tax# R476194 an Property ID W258443 NW ,ua��ims - - - i - - _,./111_- - ► Di - - - Zoning R4.5 Contact: (: Karen Tindall Construction Co. Phone 503-691-9851 Fax 503-692-9717 E-mail tonrindall @caffallconstruction.com 8555 SW Sagert St Tualatin OR , 1 i . . . . - . , rr , . ,,,.., I. : rip, ,„ i.,. Jr 11,_ . itor , . 4 I, )11111\ . ' sf rt ' _ r••- Wei ■ i • 1 `' \,.. N. flji le r - i 1 ► . / 1 % , / t '� ' \ •1 f ■ irr . . •4. : - '' — I1 1 i a ,y ■ t � ' f lir• 411:1 i , • /. s 1 ii,,,Ili • , y irt • dr."r ( f ,F 4t. i 1 ilk" *IP . ' ^.."...... . If1 1 - — 1 •%- .-- . , •, ' '' . . /, ,;aid 4 6 i• 1 % t ♦ •t le a° ""d"'"• •F.' r ) w `_ f--- . 1. : Oir ,,I* , _ -al AIL 1 - - .., - - CREE#CIA'44.* 1 ii. 'i Ab r, Ni ... 1 .-. -T--, ......, II e'r ,J 'irai4a90 .. • I / 44 •'•• % -r( 11.611 yi- _ . . , • ( 7 , IF• Or r ' •.„. 1 ., /Fl f i� l TT r 1 I • ; • i 3 I I ,/ ) 0 4 t,�• = 1 A l IN rr r. , • 0? . 41(11, ' ' i If Ut,./:'1 l'... 10 0J il: -,..,,, A "+ '� t, ■ • " 4. 0 l i N 4 4 ` . 1 , g - r • i si,, ii. , , , 4 , ,. , . ,.. 4,, ( . 1 / 1 • •NI„ i � 1 1 1 1 • M � yJ � � i /--; 1 • ,- ‘ IA it,....4,, . 1 ., - 11 t At . Itilip. . . , f I I VYK 1 ST L. ♦ c 4 '• ■ is 0.6..,_c , * A It 9 . 1 11 11144. I111* NISF)11.41fr 41111- v., ,,,. 10...4 1'A 1 i Yw \1m:it. e 1 , 1 I 0 11( II, . . iii , •`...iiiis•, rR r i ♦S Sl f.,-- 5Q �\-+c PRE-APPLICATION CONFERENCE REQUEST City gf Tigznl Pemit Center 13125 SW Hall BIzd, Tigzn OR 97223 Mae 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION Applicant: (2/0/4,44, (70�51k � FOR STAFF USE ONLY Address: �: - Phone: ..50.?�7he`% City ✓IJ�L.9-77/') /� Case No.: �C 7 a1?fo Cr]O 71 Receipt No.: Oto iti6(0 Contact Person: 5u Tiz:.d4jL Phone. �3- d `_.573`j Application Accepted By: Property Owner/Deed Holder(s): DAB , Date: e(2t to DATE OF PRE-APP.: C47 7 10 Address: /36-'Da Phone:,503 ,5.90 3c ?O TIME OF PRE-APP.: F:CV kr.-• City: 7 1) Zip: 7722 3 PRE-APP.HELD WITH Rev.7/5/06 Property Address/Location(s): c\cutpin\masters\laud use applications\Pre-App Request App.doc /00190 .n13 /2/. "r. 7?—y40-1-40 f 7223 REQUIRED SUBMITTAL ELEMENTS Tax Map&Tax Lot#(s): !t, 5 G Oa 4 c R y176/9¢ (Note: applications will not be accepted without the required submittal elements) Zoning: ❑ Pre-Application Cont.Request Form Site Size: , $9 e" 3 e 76 8 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 is for a IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE MONOPOLE project, the applicant must PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE attach a copy of the letter and proof in the INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM form of an affidavit of mailing, that the ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE collocation protocol was completed (see GROUP. Section 18.798.080 of the Tigard Community Development Code). ❑ Filing Fee$362.00 �) ' CITY OF TIGARD 8/21/2006 • 13125 SW Ha11 Blvd. 8:20:54AM - Tigard,Oregon 97223 TIGARD (503)639-4171 Receipt #: 27200600000000004166 Date: 08/21/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid PRE2006-00071 [LANDUS]PreApp Conf 100-0000-438000 316.00 PRE2006-00071 [LRPF]LR Planning Surcharge 100-0000-438050 46.00 Line Item Total: $362.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check KAREN E TINDALL kjp 1319 In Person 362.00 Payment Total: $362.00 cReceipt.rpt Page 1 of 1 September 2006 October 2006 • 3 :91 T W T F S S M T W T F 8 i 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18119120 21 22 23 22 23 24 25 26 27 28 24 25 28 27 2829 30 29 30 31 Tuesday, September 19, 2006 -Pre-Apps CD Meetings Early 8:00 AM 9:00 AM (9:00 AM - 10:00 AM) Karen Tindall 503-691-9851 13500 SW 121st 3-lot MLP 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM Late Tasks Notes Kristle Peerman 1 8/21/2008-8:18 AM P L AF FALL Construction Co. Memorandum DATE: August 18, 2006 TO: Tigard Planning Department FROM: Karen Tindall RE: Pre-application conference for 13500 SW 121st Ave. Questions: 1. Should the common Driveway be a separate Tract owned by both properties or an ingress/egress easement? 2. What is the minimum width for a common driveway? 3. Verify access easement off SW Piper Terrace. 4. Availability & location of public utilities in Piper Terrace. 5. Location of existing septic drain field for the house. 6. Timeline for a Partition Plat application. If you have any questions I can be reached at 503-691-9851 Tonrindall @caffallconstruction.com EXHIBIT 3: NARRATIVE CAFFALL SW 121ST PARTITION RECEIVED APR 1 7 2007 CITY OF TIGARD PLANNING/ENGINEERING 3-LOT PARTITION Presented to the City of Tigard Community Development Department Applicant: Karen Tindall 8555 SW Sagert Street Tualatin, Oregon 97062 Representative: WB Wells & Associates April 2007 3-Lot Partition Table of Contents: I. Project Data II. Introduction III. Surrounding Uses IV. Project Summary V. Decision Making Procedures 18.390 VI. Residential Zoning Districts 18.510 VII. Partitions 18.420 VIII. Access, Egress and Circulation 18.705 IX. Density Computations 18.715 X. Landscaping 18.745 XI. Off Street Parking/Loading Requirements 18.765 XII. Tree Removal 18.790 XIII. Clear Vision Areas 18.795 XIV. Street and Utilities Improvements Standards XV. Summary Attachments: Land Use Application Form Title Land Use Application Fee Pre-Application Conference Notes Service Provider letter Tax Map DRAWINGS: Preliminary Plat Existing Conditions Utility Plan Tree Plan I. PROJECT DATA: Application: 3-Lot Partition Zoning: Residential—R-4.5 Acreage: 38,741 square feet Location: 13500 SW 121st Avenue Applicant: Karen Tindall 8555 SW Sagert Street Tualatin, OR 97062 Owner: Richard and Sharon Ullrich 13500 SW 121st Avenue Tigard,OR 97223 Representative: WB Wells&Associates,Attn: Mark Person 4230 NE Fremont Street Portland,OR 97213 (503)284-5896 Legal Description: Tax Lot 4500 of Tax Map 2S 1 03CD II. Introduction: This submittal is a request for approval of a partition, in order divide a 38,741 square foot lot into three parcels. III. Surrounding Uses: Existing uses adjacent to the subject property include: North: R-4.5 low density residential district East: R-4.5 low density residential district South: R-4.5 low density residential district West: R-4.5 low density residential district IV. Project Summary: The property is zoned R-4.5 and is 38,741 square feet in size. The proposed partition development will create 2 additional single-family detached dwelling lots. A private tract is proposed to provide access to Parcels 2 and 3. The developer will install all required utilities. VI. Residential Zoning Districts- 18.510 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 permitted conditionally. Some civic and institutional uses are also permitted conditionally. RESPONSE: The applicant is proposing a 3-lot single-family detached residential subdivision as shown on the preliminary development plans. All three of the proposed lots will be 7,500 square feet in size or larger. 18.510.030 Uses A.Types of uses. For the purposes of this chapter, there are four kinds of use: RESPONSE: Single-family detached lots are a permitted use in the R-4.5 District 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. 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 as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district,as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure,as governed by Chapter 18.390,using approval criteria in Section 18.370.020.C.2. RESPONSE: The proposed development will meet the minimum and maximum densities. The density regulations of 18.715 are addressed in detail,below. 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 ordinance 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. TABLE 1: R-4.5 MINIMUM LOT DIMENSIONS ND SETBACKS (DETACHED) Minimum Lot Size: 5,000 sq. ft. per unit Average Lot Width: 50 ft. Front Yard: 20 ft. Side Yard Facing Street on Corner and Through Lots: 15 ft. Side Yard: 5 ft. Rear Yard: 15 ft. Side Yard or Rear Yard Abutting more restrictive Dist.: 30 ft. Dist.Between property line And garage entrance: 20 ft. Maximum Height: 30 ft. RESPONSE: The proposed partition complies with the above standards. 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: 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 five feet; RESPONSE: Single-family detached homes are planned to be constructed on the newly created lots. The homes will most likely have attached garages. Any accessory structures will comply with the above criteria. VI. Decision-Making Procedures— 18.390. 18.390.040 Type II Procedure RESPONSE: The applicant has submitted all of the required materials for the proposed partition per the requirements of this section and the pre-application comments. 18.390.050(2)(E) Impact Study Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address,at a minimum,the transportation system,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 facility 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. TRANSPORTATION SYSTEM: The proposed 3-lot partition fronts SW 121st Avenue to the west. The existing house on Parcel 1 will retain its current access onto SW 121st Avenue as shown on the preliminary development plans. Parcel's 2 and 3 will take access to Whistler's Loop to the south via Tract"A" of Whistler's Walk. Other street connections are not available as there are not streets stubbed to the property from the north,east or west. To the north and south of the site lie fully developed subdivisions,making a connection unfeasible. To the east lies a undeveloped parcel that will gain it's access from Tract"A"of Whistler's Walk as well. There is one existing driveway currently accessing SW 121st Avenue. After development of this project,one private street and no driveways will access SW 121st Avenue. The proposed development will dedicate 15 feet of additional right-of-way(35' from centerline) dedication along SW 121st Avenue. The applicant will make half street improvements along SW 121st Avenue that will include 23 feet of pavement from centerline, curb,utilities, 5-foot concrete sidewalk and street trees. DRAINAGE SYSTEM: The City of Tigard has indicated that a fee in-lieu will be allowed on this site. PARK SYSTEM: The development is for a 3-lot single-family subdivision. There will be adequate space on each lot for outdoor recreation as shown on the preliminary development plans. WATER SYSTEM: The site will be served by public water per the requirements of the City of Tigard Development Code. SEWER SYSTEM: The proposed development will install sanitary sewer lines onsite as shown on the preliminary development plans. NOISE IMPACTS: This development is for a proposed single-family residential planned development. Normal impacts such as traffic and lights that are typically associated with residential development can be expected. VII. 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 agent authorized in writing by the owner. RESPONSE: The owner has signed the application. The applicant is Karen Tindall and WB Wells& Associates,Inc. is the applicant's representative. 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, Subdivision and Partitions. RESPONSE: This application is in conformance with ORS Chapter 92 and the City of Tigard Development Code. 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. RESPONSE: The applicant understands that no lots can be sold until the final plat is approved. D. Future re-division. When partitioning tracts into large parcels,the Director shall require that the parcels be of such size and shape to facilitate future re-partitioning of such parcels in accordance with the requirements of the zoning district and this title. RESPONSE: The lots are not large enough to be re-divided under the current zoning designation. 18.420.030 Approval Process RESPONSE: The applicant is submitting this partition application as a Type II application. 18.420.040 Application Submission Requirements A. General submission requirements.All applications shall be made on forms provided by the Director and shall include information required for a Type II application,as governed by Chapter 18.390. B. Specific submission requirements.All applications shall include the preliminary lot line map and necessary information in graphic and/or written form. The Director shall provide the applicant with detailed information about these submission requirements. RESPONSE: The applicant has submitted all the appropriate forms from the City of Tigard. This narrative, in addition to the preliminary development plans, are part of this application, satisfying the above criteria. 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; RESPONSE: Through this narrative and the attached preliminary development plans,it will be shown that this proposal complies with all statutory and ordinance requirements and regulations. 2. There are adequate public facilities are available to serve the proposal; RESPONSE: There is adequate storm sewer, water and sanitary sewer service available to this site. 3. All proposed improvements meet City and applicable agency standards; and RESPONSE: The proposed improvements meet City and all applicable agency standards. 4. All proposed lots conform to the specific requirements below: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. RESPONSE: The building envelopes for each lot are shown on the preliminary plat map included with this submittal. As shown on the preliminary plans,the minimum width of the building envelope meets the lot requirements of the R-4.5 District b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot,the accessway may not be included in the lot area calculation. RESPONSE: Parcels 2 and 3 are flag lots, however, their square footage does not include the accessway portion of the lots. Both Parcels 2 and 3 meet the minimum lot area without the accessway portion of the lot c. Each lot created through the partition process shall front a public right- of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. RESPONSE: All of the proposed lots either have 15 feet of frontage (Parcel 1)on a public street or have frontage via a 15-foot wide access easement(Parcels 2 and 3). d. Setbacks shall be as required by the applicable zoning district. RESPONSE: The applicable setbacks, as required by the R-4.5 District,are shown in dashed lines on the preliminary plat map. 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 maximize separation from existing structures. RESPONSE: Both Parcels 2 and 3 are flag lots. The lots will be set up so that the front yard is to the southeast as shown on the attached preliminary development plans. f. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. RESPONSE: g. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. RESPONSE: The applicant will comply with the fire districts requirements. 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. RESPONSE: Since a common drive will serve Parcels 2 and 3, a reciprocal easement ensuring access and maintenance rights will be recorded with the final plat map. 5. Any accessway shall comply with the standards set forth in Chapter 18.705, Access,Egress,and Circulation. RESPONSE: The proposed accessway will comply with the standards of Chapter 18.705 as addressed, below. 6. Where landfill and/or development is allowed within or adjacent to the one- hundred-year floodplain,the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain.This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. RESPONSE: The subject site is not located within or adjacent to the one-hundred-year floodplain. 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. RESPONSE: No variances are being requested at this time. 18.420.060 Final Plat Submission Requirements VIII. Access,Egress and Circulation— 18.705 18.705.030(11) Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County, the City and AASHTO(depending on jurisdiction of facility.) 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area,as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage,the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical,the driveway shall be places as far from the intersection as possible. 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. RESPONSE: Parcel 1 will move its current access onto SW 121st Avenue to align with SW Quail Creek Lane to the west A shared drive will service proposed parcels 2 and 3 as shown on the preliminary development plans. Both of these access locations will comply with the above criteria. 18.705.030(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; 2. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units. 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular,paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. A hammerhead-configured,paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. c. The maximum cross slope of a required turnaround is 5%. 5. Vehicle turnouts,(providing a minimum total driveway width of 24 feet for a distance of at least 30 feet),may be required 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; 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 existing the site. RESPONSE: All proposed lots have the minimum feet of access to a public or private street No multi family structures are proposed. All residential access drives will be maintained in accordance with the Uniform Fire Code. IX. Density Computation—18.715 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. 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). RESPONSE: The gross project area is 38,741 square feet. There is an existing house to remain on proposed Parcel 1. This lot is larger than the 7,500 square feet minimum required for the R-4.5 zone. The site has 838 square feet of private street tract, 1,352 square feet of public right-of-way dedication and an existing house to remain on a lot of 12,840 square feet for a net area of 23,711 square feet. The maximum density for the site is 3.2 or 3 units. The minimum density for the site is 2.5 or 2 units. The applicant is proposing to place 2 additional units on the site satisfying both the minimum and maximum density. 18.730.020 Exceptions to Building Height Limitations 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 feet,whichever is less,provided: a. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; RESPONSE: The proposed houses comply with the applicable dimensional requirements of the R-4.5 zone as shown above. b. A 10 feet side yard will be preserved; RESPONSE: A 10 foot side yard will be preserved as shown on the preliminary plat 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 RESPONSE: The existing dwellings to the south of proposed Parcel 3 on tax lots 12100 and 12200 exceed 1- 1/2 stories and 25 feet in height. The existing structures on tax lots 1800 and 1700 to the north and tax lot 4401 to the east are over 50 feet away from the proposed building envelopes for this site. As a result, the criterion is met. 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. RESPONSE: Windows of the proposed dwellings 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot. Where this criterion cannot be met, an agreement to plant trees to mitigate direct views will be made. X. Landscaping— 18.745 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. RESPONSE: Requirements for maintenance of landscaping will be included in the CC&R's of the Homeowners'Association. A. 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. RESPONSE: Requirements for maintenance of landscaping will be included in the CC&R's of the Homeowners'Association. B. 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(ANZI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. RESPONSE: Landscaping will be installed in accordance with the provisions of this title. C. 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. RESPONSE: Landscaping requirements will be met as part of the process to obtain Certificates of Occupancy. D. 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. 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). RESPONSE: A Tree Protection Plan has been included with this application to provide methods of protection for existing vegetation. The Erosion Control Plan also provides placement areas for erosion control fencing and methods for reseeding disturbed areas. E. 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. RESPONSE: Requirements for maintenance of landscaping along public rights-of-way will be included in the CC&R's of the Homeowner's Association. F. 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. G. 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 or gutter. RESPONSE: The proposed private drive will conform to the above criteria. 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. RESPONSE: Street tree locations will be adjusted for final driveway locations. 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. RESPONSE: The Street Tree Plan includes a planting list of materials that should be suitable for the proposed uses (see attached Landscape Plan). 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 follow: 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 to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced not 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 1. 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. RESPONSE: The proposed Landscape/Street Tree plan will adhere to these requirements. 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. RESPONSE: Requirements for maintenance of landscaping will be include in the CC&Rs of the Homeowners'Association. 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.C.4.a. RESPONSE: Some existing trees along SW 121st may be used as street trees. 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. RESPONSE: Existing street trees will be replaced if removed by development projects or other construction. 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.C.4.b. RESPONSE: No adjustments to the street tree requirements are proposed. 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. RESPONSE: No adjustments to the street tree requirements are proposed. 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. 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. RESPONSE: The attached Erosion Control Plan provides methods for re-vegetation of disturbed areas. All areas graded during subdivision development will be re-seeded and/or planted to stabilize. XL Parking 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 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); RESPONSE: Off-street parking spaces for the proposed single-family homes will be provided on the same lots as the dwellings. XII. Tree Removal—18.790 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. RESPONSE: A tree plan and arborist report are included as part of this partition application. C. Plan requirements. The tree plan shall include the following: 1. Identification of the location,size and species off all existing trees including trees designated as significant by the city; 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. RESPONSE: The applicant is proposing to retain 75% or greater of the existing trees over 12 inches in caliper. Trees 163, 164, 165 and 166 will be removed due to their poor condition. 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. RESPONSE: The applicant is not aware of any prior tree removal. 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 of floodplain,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; 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. RESPONSE: No incentives are being requested as part of this application. 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. RESPONSE: The applicant is working to limit future tree removal on this property, and anticipates trying to save 80% of the trees shown for protection after the homes are built. 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. RESPONSE: No incentives are being requested as part of this application. 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 with safety or increase maintenance costs. RESPONSE: No design modifications of public improvements are being requested. XIII. Clear Vision Area—18.795 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 trees 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. RESPONSE: Clear vision areas will be addressed during the engineering plan phase of this development 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: 2. 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. RESPONSE: As previously stated, clear vision triangles will be addressed at the time of engineering approval. XIV. Street and Utility Improvement Standards 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; RESPONSE: Due to the existing grades along SW 121st and the relative short frontage of this site, it is the applicant's belief that a partial improvement is not feasible at this time. Due to the half width requirements of 23 feet from centerline to curb face,paving on adjacent private property would have to occur for the proper tapering from the new curb to the existing edge of pavement as shown on the attached drawing. The applicant and the City of Tigard have agreed to pay a fee-in-lieu for street improvements along SW 121st. The applicant will contribute towards future improvements to be constructed at a future date. 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. RESPONSE: The applicant is proposing a private street to serve Parcel 2 and 3. The proposed private street will be in a tract 15 feet in width with a 10 foot wide driving surface. The current right-of-way width along SW 121st Avenue is 20 feet. The applicant is proposing to dedicate an additional 15 feet of right-of-way along SW 121st Avenue for a half with of 35 total feet per the City of Tigard Pre-application notes. The applicant respectfully requests the improvements along 121st Avenue to be deferred to a future improvement guarantee. 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. RESPONSE: All of the proposed parcels will be served by public sewer. The existing unit will have its septic tank decommissioned and will be converted to public sewer as shown on the preliminary utility 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. RESPONSE: The City Engineer shall approve preliminary plans and construction plans prior to the issuance of development permits. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. RESPONSE: No over-sizing shall be necessary since the proposed parcel is an infill site among developed parcels. 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. RESPONSE: The applicant is not anticipating any denied permits. 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; 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. RESPONSE: The proposed storm water system will be separate from the sanitary sewerage system as shown on the utility plan. No storm inlets are proposed as part of this project. Surface water drainage patterns are shown on the development plans. 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. RESPONSE: There are no watercourses,drainageways, channels or streams on the site, therefore, this criterion is not applicable. 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). RESPONSE: No culverts or similar drainage facilities are proposed at this time. 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 Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). RESPONSE: The applicant is not anticipating any impact on downstream developments. XV. Summary Based on the above findings, the applicant has demonstrated compliance with the requirements of the relevant sections of the City of Tigard Community Development Code. Therefore, this request should be approved. Re4uced Plavis 9 EXHIBIT 4: DEVELOPMENT PLANS CAFFALL SW 121ST PARTITION W.B.WELLS es Associates.'sc. ENEINEERSSURVEI'ORSV WMata I a270 NE FREMONT 5(BEET PORTLAND,OREGON 91213 �� i4 E 7 RtlNEi507I2E45E96 FATm1lS6 •, - '�, ems1 address:rdoeiOsliamm I Ak '' E t'. p \' _ - /� -CtIrEP E PjF ��\ i / J; / VICINITY MAP• �� i �.:w..,,.... . .,. , _x" `� �, 2 '\• 2000 .->'� n i.a•li,,.k,, : ' , r: •'' I '''''''\ ''�`` �� PROPOSED `� w1� •Y 'e ~r I / (� I i RIVEWAY °•••• LM!( •# V� / /' \ OCATION "1 ti. I~ v'rig _ I .asr..,.i:SAY 1 :-W t ., ~� ..0 a Fy 't \ #'' / t ` 4,6� r!_1:...7 .. :}s r .j u +� \\. ,�/ J :�!f' TAX LOT `p:.. ,sv Fucr. A;� t' �j O ■ \ / /�hi �°j :. `� O ,tip 1800 :a �. . •; �'" aY E�•+ �'Qf Ex151®IC�� ? ciRAGt >o9srwG !a\ \ VISUAL RESIDENCE '▪ -• 1 . ,°'• ';..sir. '1' g '.'; t ....7 : s .. s ,:'::,:•..:a: : N ,, 1:21W ,;\ " CLEARANC DRS SS.ulsr wfTa / ``. `+`;'; f c , b+�i ?p AREA ® /�\ _ `ate .„..,.4, 4 ; - .1 �.t+1T.`s ,,.. `4,tiG .. 1 ,1 A,t, sir .ovic `Z C4 / DEDICATION RIGHT—OF—WAY DECK / \ \ ``�:�6 TAX LOT ''` j';r ui sw SITE a‘. ,. qY,, '..r. 4 _ 0E,O I \ "' / \ F 1700 ;,"' a "`'u 6wgi sr ., aya IroorAlu Z1144. A'�' \ 4,, PARCEL 1 // /h \\\ 9�J _�i: :' ;� ` .' `�- ; '`��,� w a: '. ± :;. x' r~ a wx / ''?S�� 12 480 S.F. 4' / ;f s! �° £° 4, .;�^ 4 :.,r r.� a...,..7.1,4,..r..: APPROXIMATE EDGE OF 1 \ 4.•. & 'a„ .-" ..,, _ P. PAVEMENT LOCATION ''j2.\89' - \ / / / -.\ 'ot-...--y'u:,... p'-�•,ucr...� -`. .,� .Lrnu LE Z ,ic..,... �'"J'�_�' / PARCEL 2 N. T.S. �� I/ EXITING i2,�J_ C 14,634 S.F. / RIGHT-OF-WAY 3Q' \ / 1 TAX LOT \ PROPOSED / � _ ` i 4400 FENCING/ / \ / \ / l\ 0 10' 20' 40• ♦X4/47 / \ \ 6 ■■ \\/ REdSTERED �I y°'/ I s'.......... / APPLICANT: KAREN TINDALL PROFESSIONAL • ■E ` `"�• 20 b� / . ■ 8555 SW SAGERT STREET LAND suRVEYOR / ` �� - �/ / PARCEL 3 `� / TUALATIN, OR 97062 OREGON / .y / PROPOSAL: 3—LOT SINGLE—FAMILY PARTITION iLY 11 1981 i o 10,274 S.F. / TAX LOT .BRADLEY/S. CHLEIh!NG leSi N / / 4401 LAND USE: R-4.5 EXPIRES 06-30-06 ei / / I — __ 1 _ / SIZE: 38.741 S.F. S�� _ / TOPOGRAPHY: FIELD SURVEY BY WB WELLS & ASSOCIATES / :--0A f_ 15>�_ 1--—— / LEGAL Karen Tindall / 15 FOOT 8555 Sll Sa ert Street DESCRIPTION: TAX LOT 4500 OF TAX MAP 2S 1 03CD g U , /,5--i-----B s _ INGRESS/EGRESS T0503-692-3797 6Z 11 AND UTILITY STORM AND 503-692-377 ' I \ EASEMENT SANITARY SEWER: CITY OF TIGARD 3-692 NS: FIRE: TUALATIN VALLEY FIRE AND RESCUE o ' / DRAWINGS: ---; REVISED 2/20 PER a \ Ii j ,*G .• . I WATER: CITY OF TIGARD TIGARD COMPLETENESS ` s LETTER DATED 1/18 1. VICINITY MAP / PLAT / COVER SHEET 1"F .; `, , , AND 3-06-07 ;. T— i `\ , ` / 2. EXISTING CONDITIONS PLAN 4. ._ :;?: RECEIVED 3' PRELIMINARY UTILITY PLAN •• a _ —I 4. TREE FLAN <, :� APR 1 ZOO/ DESIGNED BY: _ `_ DRAWN BY: M.D.P. I _ } CHECKED BY: S � � FILE ID:O5-000-ENG-.DWa \ ` _ ,:::::=1.v W w CITY OF TIGARD PLOT DATE: 06-305 _ �;•:� . a.. PLANNING/ENGINEERING W.o.WELLS zoos �`` =`' ' 4(• ( SHEET 1 OF 4 \ t W B. WELLS 1 / &..sweVEYORS Inc. / , -CENTE E I 423 FREE NT STREET � {/ 423G .E FRENIONT STREET c•// Ox 1'P�/ 1ElEPHONE RISER PORT,AND,OREGON 97213 / / / PFIONE19q)ID45Ba6fAC:(90)A1r30 y / / snot address:Ho®wbwe8t.cam 0^ Ci `.; 6A'W000 FENCE - / �\v�(/ /2 //�a �� wOMt1fR5HIP UNKNOWN Q• w / 4a (,\ / �, a t''7L l'7.0'WOOD FENCE V G V h� ,.. TAX LOT ��' `` , �� / / J y°�� / 2000 ® '�IIiV a `_ `-'� -r" .o:. °Z J" 7 0 10' 20' 40' t.i4,'. 'r 4/S i�. j /•'� S '° �., `\ 60'WOOD FENCE \'` ENCNOALMMENT VARIES / '�_/ - ^� .. ..6j�81 OWNERSHIP UNKN9E$ 1" = 20' �/ ��. / /� s tiq 0 ?6 ` /7 ' _ 1 TAX LOT / /4� �l\ , ryo. * \ /`j 1800 ^// / I f EvtRHANG ;Jrr EXISI N�GpRA(� /{ll fiLs R&2 WATE VALVE .,,per '-- y't,"' �,' �` ?{�- --h ,�4. _ 1 -. �,RNc"DOD FENCE ri I VPR8TCTED ••8OLL9936 -• �+f",_ _-_-- CXISTINC _ � - I / / ' --_,,, „,-.- RESIDENCE , �6• pKRO1CHE5 0,3' r3 -f,1 �..X"t;" 0t.• �` J0'HOC WIRE FENCE• R TREE TABU // '�m. ' ` .-- 1 5500 S.W.1215L nE't . K ,' p^�• ob / ENCROACHMENT VARIES Na DESCRIPTION DIAMETER DRIP CONDITION " `7 " `! I DECK OWNERSHIP UNKNOWN rn 155 CHERRY 9.2" 25' FAIR / \ - '` ! . ") 41- . 176 j, rf+ 1700LGT ` 156 CHERRY 7.9" 25' FAIR // ` ',, y6�\ 'rr�(� . f �--� _, �� i.xrl-,. �c 0 0 157 RED MAPLE 8.4' 10' FAIR / Aj���:.>~ -, r Th.-----.-`-- e I `\'• f-'''.•/ Ya.. i. 1t� 5.0'CHNNUNK FENCE 151 HAWTHORNE 6316.7/8" 30' FAIR n '_ ' .'� ,��% s \i ,rCAPE Rom WNL - �; FALLS ONLINE AND UP TO 0.2' �j ? 43'WOOD FENCE ��w 159 RED MAPLE 6.9/4.9' 20' FIAR 1 1.. .- 6.0'NOOO •W T '., o _. _ ,•,?"., ` , '� �+ -_` NORTH OF PROPERTY LINO �� F",4 F-. 160 MOUNTAIN ASH 72" 2D' FAIR // ..__r ?�- �/ .} 3 I / •, :,«=,`3_p�•r\ 0 n.a C R 161 RED MAPLE 12.8" 25' GOOD / ._ :may - 1' •p��I `I 0-, / N. • C3 APPROXIMATE EDGE OF 1 " R 162 RED MAPLE 12.3" 20' GOOD PAVEMENT LOCATION N j?;`-s. 6.0'WO09 fERCE ‘ �'•2I "`P ,f c, m �/� / I�� '" ,�ti L �j z W / ' / / ~ 163 PLUM 6.6" IS' POOR / - -" `fir ��-�. ,� ,^ -3'q fDK� O \ Jr W '-�- ENC1iMQ VAREfi `� [•� /f / `��i" gin` � � 164 OREGON MAPLE 34.6' 30' POOR / EXISTING "'\� '" O °' '../ I `)' '. / Lj /1 '. E ' ! ra 7Di AT NORIIj..EID dy `/ 165 CHERRY 10.616.8710.1712.6" 50' POOR RIGHT-OF-WAY 4.�' 4�` ?r_'\ <� •_I" /1 ti� 166 CHERRY 16.3/13.IJIO.T 45' POOR / TAX LOT _ ''' °' •� -- Z A / 4400 _'.-' .4.1t C_ / /� >: /t a d CX R 167 SPRUCE 2I.T 45' FAIR I ' ., , / �J'' _ I66 PLUM 63" 15' FAIR I ' i / r5.-j)." F R 169 BIRCH 22.6" 50' FAIR / i !`'.-...`A-"• / / 7 / 14.4 (~ R 170 BIRCH 20.9' 50' FAIR f / A R 224 OREGON MAPLE 197 60' FAIR / �fp1" ( r �/_, / / U) r F~ 225 OREGON MAPLE 6.6" 10' FAIR / /�, / ' /`% R 226 RED CEDAR I(/7/152/202/17.6" 35' GOOD ` ' 4.0'HOC WIRE FENCE R 227 DOUG FIR 35" 60' FAIR � S. 226 SPRUCE 11.3" 30' FAIR _ ` �!O"� ' / / / / / / 229 RED CEDAR 1021112121.4121.4' 45 FAIR / '\\ LANDSCAPE COYCRETE 230 CHERRY 27.2" 30' FAIR / ^`, / / J / / I / ../1.0'CHAINLINK FENCE OFOC�IIT�ALL NCROACHy�ENT VARIES )/ IAh LOT _ _ �_- _ -_ _ _ VP TO O.ji AT SOI�IIf CORNF�2 / / �JJ ry / / 4401 -. EXISTING EXISTING FIRE 6.0'WOOD FENCE f /[4.0'HOC WF 'FENCE { ! ; • /v / / Z r / E HYDRANT I % „wQ¢*� ,` r":� / / REGISTERED yy. / i / t/ fl __ ,- 1f + PRGFESSIOPtAI_,°lN / /�� _\,.! ^7` I, LAND SURI/EYOR J , ,• !+ j F1(U.S 0.X\0.'SOAR ' rl %1 'V d 1 % Of PROP;UNE I ' ` CLEAN OUT ,J OREGON i , 'r1 RIM ELEVATION-7289.74 A°t1 «T9sS°1LEIN/NC II N \ i ,� \ , L�I/ / EXPIRES 06-30-06 I1 1 . ' 4 /'• ` o ry I� • .0 / i / ' " - `1' Karen Tindall I �'" 8555 SR s8�ert Street E w ` /y 118181tD.OR 97002 RIM ELEVATION=292.30 �� p / 503-892-3797 i 8"PVC I.E. IN=284.51 ,! Iz Lj 503-692-9717 _ -` - I 8"PVC I.E. IN=283.35 �' _- i c REVISIONS: \ /8"PVC I.E. OUT=283.35 ,...,\,,,,), . `. q/ ) REVISED 2/20 PER /" ��t]" TIGARD COMPLETENESS VERIZON TELEPHONE ;:,: ar ✓+e 1 LANDSCAPE CONCRETE i \ - i VAULT k RISER 1p�, . .- / BLOCK WALL LETTER DATED 1/18 i' `` / ( fit' , ,r' ss /91-`M 1 * SUMP RIM ELEVAl10N=292.16 if i` i.;♦ .a_C/,� DESIGNED BY: o 3/ . 12" PVC I.E. IN-284.12 �� x ii-•'• ',:c7.\' / 12" PVC I,E. IN=284,12 DRAWN BY; M.D.P. ' _ _ 12" PVC I.E. IN7=282.95 / S s OVERFLOW I.E. OUT=283.87 ON TOP OF CHECKED BY: D T • 1 tr �� RLE ID:05-000-ENG-.DWG 4, �� .r. , PLOT DATE: mm-dd-yy '< S Z 1-��� �ELECTRIC RISER � 11 St ■ eT __5T JOB N0: 06-305 E 1 A•'• il • . a I C M9.WELLS 2005 \\ pa "� i ' (c. SHEET 2 OF 4 I •_ ` W.B.WELLS &Associates,lac. / H CCAiE E LEGEND 4230 NE FREMONT STREET$ (TYP PORTLAND,1A PREMOM STREET / GAS EXISTING GAS UNE RORTLAND,OREGON aT2/3 -\ / y j —EXISTING ., +ad. rm^ (7 I 0 J' DRIVEWAY ' SS— EXISTING SANITARY SEWER AND MH .���. /�/ �'�/-2/1 -` LOCATION © ;t— _(-:_.� EXISTING STORM SEWER.MH AND CATCH BASIN S$• RIZ, v r l• ,`,o - '577., — — pN — — EXISTING OVERHEAD UTWJIY �1 'Ln Y- pJ-��/;// '1�/ \0 �'� EXISTING EDGE OF PAVEMENT r \ ` `\ h mac;/, / \ +'`„. - EXISTING CURB t 'N\ rrr'\\� `\ l/� d EXISTING WATER UNE,METER,&GATE VALVE 4''r / SA Tl / 4./. . ,- / _ .�QV \ Ph,,,, `� ,6j. - -_.—..._ EXISTING CENTERLINE, . (A4i, ,/ _ --- -- EXISTING R.O.W. py �? -- - EXISTING LOT UNE J "9 0 �B "'',\, / PROJECT BOUNDARY _' //'/ / EXISTING J �N ` / ` y RESIDENCE ` PROPOSED CURB "t-----' / . l32 SV.121ST A.Y' V\ / 4.` . S� PROPOSED SANITARY SEWER •/ ,'w / \ \ DECK / �j?j / _ST—_� PROPOSED STORM SEWER,INLET&MR a /r--,. 6y�7_ jjj Aft • O ISF � W�d PROPOSED WATERMETER&SERVICE LINE // ��N. J PARCEL . 1 I �` =� �,' H._11 Omll CD 144'441 // � \ �K I ( 'SA`��� H� <� rn 1 j-i �+ aw N,z�0ji ■ /~ _ \ �'A CEO�, .>NO. r I W �1/ ' V r I \ gar / EXISTING \` _ ` 7 T a F WAY /Zl j0' I c �' w;�y !1; T k¢ �M —/3/ t)'-. 5 ., �ry/ I / \ i / / / )dl TGY CA9N AREA DRAIN R z ALL _ _ ,._ .,.:2,9,4 , ` / — i 1 // / ■ice , : �o. rdj�; I P�ARQ�L ;3 / /.� 11 I,IF;,I� a I — CV of / I d ./ PI AN 'C/ ::::T E / EXIS TING FIRE � /( HYDRANT I , S>>,1004. , —� / y ,/ TEMPORARY BIOFILTER BAGS Ep PRDR,rs /E / I / / c . ' � / i/' SCALE NTS ,F.1 GINfe Jl%py n / f.Ce Ij1'( / 2 4.12.919•D o , i0 _ I ‘111 / � �p�1 f/J -! n rzn TALANC NA,. o Rsi;aPra°s°2s + / 1 Jr IIX AIMS 3'YN.FM% mp OREGON y =V I TOE OF SOPE 1Q`1Y2fi,.O�2 r Y S. SGH AI .'y 'rt IEMKRES- 6-30-061 a.1 Clio_ \\♦ _ a \ / I I ` ::�_ o. _ �� qa NI• ,1.` v " tii .� : -�.. �; rem ��, / , 10. 20• 4o• 1 , ;�A. a,ti--__ JI ! LAaM/„m. I • �'�P` Karen Tindall ''H r "�. FRONT VIEW PPOrlTF 8555 SW Sa�erl Street ?i I Tualatin. OR 97082 II yy o ,\\ ,• = 40• �; �•. 503 692-9797 Q .... �¢L 503-892-9717 ^ �� _ / /.` 4' :C_ S F 0 Asp woe a iRnvrm REVISIONS: , 4� \ -�- — — -�2 r�� 1.BW'1 aOTroN Cr Ft R fARRK •6'YFARLILLT s ' /• 1 I I e I �LOr FINISHED a,ce. REVISED 2/20 PER S ~'`_ / P:r jJ N W / I ' N 2.Y,2"FR,PRE OR STEEL FENCE POSTS n a wx S ro a RsrAUm a uP xi SoE of TIGARD COMPLETENESS N 0/ A ; / UPC LETTER DATED 1/18 `` O NIL%00(f0 A COIOACT eOTN SUES Cr FLIER FA9NC O ` \ ` " /y) 4 / K [4I;.J 1,l•POS 75 ELAN vIr 1RENCN. NV ATTACH r S_ ,,'.c 5.PANELS OUST BE PULED ACCORDING TO o \SS y , :w; SEDIMENT FENCE SPACDG TAREA 2. o ` ` / -4 +' ' ri^ SCALE NTS DESIGNED BY: 3� ..r„- '{ T•+ DRAWN BY: M.D.P. �'"� t- -/ CHECKED BY: et: rY to 7Y�� nu ID:05-000-ENG-.DWG e }o y' aT-Itit: :,..7--.m..�i \ PLOT OA TE: mm-dd-yy E ` : ' ; 1 I t3, $ T..r.- 4�,.t, a•k: ` n3$ •+�C JOB N0: 06-305 2 ./ „;:;..,1..,,,,,, ^T+�? •”. ■ ST `O R.6.AELLS"-J01.5 g:( ',.4":`,,t--'' \ c \ y SHEET 3 OF 4 J 1 / W.B. WELLS t • 4 b Associates,lac. f ENGINEERS-SURVEYORS RA/MRS 1 PORTLAND,OREGON 97213 4230 NE TREE TABLE PNOE(S4211246 EARYSOlI NOM smai stress:nk®s7nW.m" NO. DESCRIPTION DIAMETER DRIP CONDITION >N 155 CHERRY 9.2" 25' FAIR 3�• le 156 CHERRY 7.9" 25' FAIR ti 0 10' 20' 40' 157 RED MAPLE 8.4" 10' FAIR � 4 158 HAWTHORNE 6.5/6.7/8" 30' FAIRsa,ss$' 1" = 20' 159 RED MAPLE 6.9/4.9" 20' FIAR 160 MOUNTAIN ASH 7.2" 20' FAIR R 161 RED MAPLE 12.8" 25' GOOD R 162 RED MAPLE 12.3" 20' GOOD 163 PLUM 6.6" 15' POOR I 164 OREGON MAPLE 34.6" 50' POOR 165 CHERRY 10.6/8.8/10.1/12.6" 50' POOR Z s 166 CHERRY 18.3/13.1/10.7" 45' POOR Q /z-CENTERI,f�1[ R 167 SPRUCE 21.7" 45' FAIR 1■1 168 PLUM 6.3" 15' FAIR I Z �y ,- Z EXISTING 1- 0 DRIVEWAY R 169 BIRCH 22.6" 50' FAIR 4r" < O Q W 14 g/::,'Y- J LOCATION " Z�i '••.` \ �� �'S„- R 170 BIRCH 20.9 50' FAIR �CV\ 79 ,. ` R 224 OREGON MAPLE 19.3" 60' FAIR a 0 `� x i t ' : 225 OREGON MAPLE 8.6" 40' FAIR W z Q x TREE 226 RED CEDAR 11/7/15.2/20.2/17.6" 35' GOOD d J. /- , - �> ',e`r> £.$ PROTECTION R w A W R: h.c\' /• / O ',re '•,Y 4F,, , z,'', • B // FENCING OR) R 227 DOUG FIR 35" 60' FAIR W 14 d C7 / /./�Y'��. `t— t t, s B2S•� 228 SPRUCE 1].3" 30' FAIR E., %' �, fir °`•'. J �� Vii=!'-;�' ,/ 20.„; �' d ',. `�--, 229 RED CEDAR 10.2/11.2/21.4/21.4" 45' FAIR // `./ r - ,''U 40 EXISTING '" 230 CHERRY 27.2" 30' FAIR Z EXISTING RESIDENCE *��\ (.y ' : :S i Re-!.. MOD s.r.121ST AYE•0 / \ `: _ ` `, ri1r' 44 • > 1'�- NO >\ ?)sue, / R = RETAIN r ..* - -'`---- 19—C) 163 PARCEL 1 r ' 0' )/ _'s..,, ,,:, ,.%„/-7,;:-,•Iti:.:,.::,. , :, , I c, ,E / `` ,.._:7,,- --.1 \ § I . 7 -- - - _, , _ -„, i APPROXIMATE EDGE OF �� ::.0 I N co/ / tom' ..��+sr!�� - TREE PROTECTION NOTES: /� PAVEMENT LOCATION l N�2 TS3`/f���`I!... /469 \• -.' \;‘,..i. . ? �\_/ / C. ''.r � ry ,1'A CEt 2 h�:- .-17'�° > A. MAKE EVERY EFFORT TO PROTECT ALL TREES, SHRUBS, EXISTING \�' �� ce: GROUND COVER AND OTHER VEGETATION EXISTING ON THE / RIGHT-OF-WAY JO' �;` \ \ / R°S ; , •. ,: PROJECT SITE WITH THE EXCEPTION OF THAT INDICATED TO• o 6 I I / ' 4t''''; I BE REMOVED. t ,' _ } .1t�.,;\(7.,6 ry. `. \ = / / "�"' / B. MEET LOCAL JURISDICTIONAL REQUIREMENTS FOR 1 1 / j / / / PROTECTION OF EXISTING TREES AND VEGETATION. 1 / / Karen Tindall " ,Vcwi + </ "+` / 7 j �o C. PROVIDE TEMPORARY FENCING, BARRICADES AND 8555 e S in Street �1 / � / , /h' GUARDS AS REQUIRED TO PROTECT TREES AND OTHER a� Tualatin. DR 97082 ` +�� J / I /'� PLANTS, WHICH ARE TO REMAIN. FROM ALL DAMAGE. ERECT 503-892-3797 T / -- 1 / / I/j PRIOR TO COMMENCEMENT OF CLEARING AND DEMOLITION 503-892-9717 o h°Si / / WORK AND REMOVE ONLY AFTER ALL WORK POTENTIALLY REASONS: , s / co/ . / / / ..■ %' INJURIOUS TO TREES AND OTHER PLANTS IS COMPLETE. REVISED 2/20 PER ° t �O' l / + FENCE SHALL BE PLACED AS FAR FROM TREES AS IS TIGARD COMPLETENESS a ` `',.- / P/ARC�EL D / /� PRACTICAL, BUT IN NO INSTANCE CLOSER THAN ONE FOOT LETTER DATED 1/18 / 7 ;� BEHIND REQUIRED CONSTRUCTION LIMITS. FENCE MUST •° / �— - - .--- `( 1 N' �/ SEMI-PERMANENT 6' CHAIN LINK FENCE ON STEEL POSTS / - _ ._ I/ / cc of / BE N I o , -, J ,o ' . N I �' ., t i PLACED NO FURTHER THAN 10 FEET APART, KEPT TAUT I 1 I``,—..t_ I / ..lt.'I". v' AND IN PLACE THROUGHOUT THE DURATION OF / I ,g `_i ! �C CONSTRUCTION OR AS AUTHORIZED BY THE PCA. DESIGNED BY: o_, �' / / »au ..�1�' �-`'`.Pi/j_ -- % R/ DRAWN BY: Y.D.P, ' `l I �j ._^1 I_j I D. PROTECT ALL TREES FROM STOCKPILING, MATERIAL CHECKED BY: / ! "1 '�' i• FILE ID:05-000-ENG-.DWG S / �. STORAGE, VEHICLE PARKING AND DRIVING WITHIN THE TREE y � '� �� PLOT DATE: mm-dd-yy ,/ s �u1 , �£,, ,T DRIP LINE OR TREE PROTECTION FENCE AREA. JOB NO: 0e-305 a r } `Z".B rELLS 2005 l .a' • i "/,, jj : - J i 1 , [: •� .`J _____ / I SHEET 4 OF 4 ) / '1/4; / c2Iaav \iV'a±ec Services EXHIBIT 5: PRE-SCREEN FORM CAFFALL SW 121ST PARTITION Dec. 5 . 2006 2 :51PM CLEAN WATER SERVICES 503 6814439 No. 6013 P . 1 `11/ 1 ;i,i • 50:1 • ssau Ith re,LLJ & ASSOC E002/004 NOV 2 8 2006 Sy` ._--r CWS File Number 0 6-0035,x/ CleansVater Services -out commitment if; cic�r. Sensitive Area Pre-Screening Site Assessment Jurisdiction �' S Date 1 1 - Z 6- a L. Tax Map& Tax Lot 2 1 o' ' 0 NSo° Owner tAIlir.l%.- ._._ Applicant rY1G, k a+r s.., ■ Site Address 1--5 sob .S,..., iv -1` Ave-. _ Company t,.-> L,-)a,t t, t..._A ,sa stirs j .-,) • 0 Address LI 2 Lo (}F_ m,,,,,�„" .S4-. Proposed Activity 2 • `t,4 poi 41-t-,•o,•■ City State Zip {'0• }{,.,,.J , old '?1213_ Phone 50 3- g 2 4 - G iv/L- Fax 50 3 - 2 A - 853 6 By submitting this form the Owner, or Owner's authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. __ Official use only below this line Official use only below this line Official use only below this line Y N NA Y N NA ��, --- Sensitive Area Composite Map Stormwater 1 frs�Structure maps LE!`.. Map# 2, 5/w� I I l jai Qs# N` ( 7 NLocally adopted studies or maps -' Other Specify I Specify _4(....:4/' 4,4,4,71 Based on :> review of the above information and the requirements of Clean Wafer Services Design and Construction Standards Resolution and Order No. 04-0: Sensitive areas potentially exist on site or within 200'of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources. Assessment Report may also be required. +g ' Sensitive areas do not appear to exist on site or within 200' of the site. This pre-screening site assessment does NOT eliminate the need to evaluate and protect water quality :;eneitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 04-9,Section 3,02.1. All required permits and approvals must be obtained arid completed under applicable local, state, and federal law. i The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewer Co ents: ore y�1-� y SC*t r:�� .T os a., To �s �i�q./ Reviewed By: _ Date: --i3 6- -o Official use only Post-it' Fax Note 7671 L iTe/2Js/0( `Pages / Returned to Applicant 7o From /�4,04!/ • ��� Mail_I-'ax_d' Counter____ Ln� Date By Phone. ()Lib W tI� Phone 0r73' 6 • `CUG EXHIBIT 6: ARBORIST REPORT CAFFALL SW 121ST PARTITION i II • • -,540Z e01241462-9-_,ZZO*4 T4: WA ark Person �?E O R AN D ERa Fells&Ass°ci Un? Robert ates,me D Registered .�'`g'SC`A AP ATE: December Consulting Arb'nst#1 E: 11,2006 33 .� CaiTal1 Partition`Job have NO 06 -305 propose completed° S our its ca Associates,tagged in site located ia°n assessfie adjacent tInc. The inspected e a cat1 n S.W 121'Avenue,en twenty-three, s 2 The attached t et tags. 'es have to.those on venue Tigard reP trams �t'here �field N°ten additYalyr Plan p re4uested� close praxis. Please contact ate. Tree�d p�t notes lr�s eked�n��''�dy w�ewejls mere tY to the Attachment: tact le if have Prese�atiOt .specie, diameter men flagging an tro an g Field Note Y questions or when 1 n Specifications oZ °e :ts�of �er added assistance. Si ested e. oxX3O 'e4i'EZt orz `4-9042 9 70 75 503-6g6-oe97 1 • • Field Note Narrative Caffall Partition—Tigard Job No. 06-305 This narrative has been prepared to document the specie,diameter, as measured at four(4)feet above the ground unless noted otherwise,to the nearest one-tenth of an inch, and condition of the twenty- three(23) trees noted on the Tree Plan provided by W.B. Wells&Associates. Inc. Tree# Specie Diameter Condition/Comment 155 Cherry sp. 9.2"@ 3' Fair. Some signs of decline. Branched at 3.5'. Located off site. 156 Cherry sp. 7.9"@ 3' Fair. Some signs of decline. Branched at 3.5'. Located off site. Trees 155 and 156 are a co-dominant stem tree at the ground. 157 Columnar red maple 8.4" Fair. 158 Hawthorne sp. 6.5"/6.7"/8.0" Fair. Triple stem at 3 feet with weak stem unions in these unions. Leans to west. 159 Columnar red maple 6.9"/4.9" Fair. Double stem at 2 feet with a weak stem union. 160 Mountain ash 7.2" Fair. Has heavy suckering at base. 161 Columnar red maple 12.8" Good. 162 Columnar red maple 12.3" Good. 163 Plum sp. 6.6" Poor. Serious stem decay with decline evident. 164 Oregon maple 34.6" Poor. Serious basal trunk decay from ground to 6 feet with large dead branches and decay in an old wound. This tree has a high risk/failure potential. 165 Cherry sp. 10.6'78.8" Poor. Multi-stem at ground with weak stem unions. 10.1"/12.6" Decline evident. 166 Cherry sp. 18.3"/13.1"/10.7" Poor.Weak stem union at 3.5 feet and 2 feet with weak stem unions. In decline. 167 Spruce sp. 21.7" Fair. 168 Plum sp. 6.3" Fair. 169 Birch sp. 22.6" Fair. Girdling and exposed buttress roots. Caftan Partition--Job No. 06-305 December 11, 2006 Page Two Tree # Specie Diameter Condition/Comment 170 Birch sp. 20.9" Fair. Girdling and exposed buttress roots. Trees 169 and 170 is a double stem tree at the ground. 224 Oregon maple 19.3" Fair. 225 Oregon maple 8.6" Fair. Understory to 224. 226 Western red cedar 11.0"17.0"/15.2" Good. Multi-stem with tight stem unions 20.2"/17.6" typical of the specie. 40.2"at ground 227 Douglas fir 35.0" Fair. 228 Spruce specie 11.3" Fair. Crowded by 227 and 229. 229 Western red cedar 10.2"/11.2" Fair. Multi-stem at ground. 21.4"/21.4" 230 Cherry sp. 27.2"@a 3' Fair. Large graft bulge at 4 feet below graft.Multi- branched with some decline evident. Tree & Plant Preservation/Protection PART 1 —GENERAL 1.01 DESCRIPTION: A. General requirements: Preservation,protection, and trimming of existing trees and shrubs,and other vegetation indicated to remain. B. Definitions: 1. Registered Consulting Arborist(RCA): A Consulting Arborist registered with the American Society of Consulting Arborists(ASCA). 2. Project Consulting Arborist (PCA): A Registered Consulting Arborist engaged to be a member of the project team. 1. Certified Arborist: Certified by the International Society of Arboriculture (ISA). 1.02 PROJECT CONDITIONS: A. Make every effort to protect all trees, shrubs, ground cover and other vegetation existing on the Project site with the exception of that indicated to be removed. B. Meet local jurisdiction requirements for protection of existing trees and vegetation. C. Provide temporary fencing,barricades and guards as required to protect trees and other plants,which are to remain, from all damage. Erect prior to commencement of clearing and demolition work and remove only after all work potentially injurious to trees and other plants is complete. Fence shall be placed as far from trees as is practical,but in no instance closer than one foot behind required construction limits. Tree protection fence must be semi-permanent six-foot chain link and must be kept in place throughout the duration of construction. Any necessary intrusion into the tree protection zone, including landscape installation, must be approved and directed by the Project Consulting Arborist. D. Protect all trees from stockpiling,material storage, vehicle parking and driving within the tree drip line or tree protection fence area. E. Protect all plant growth including root systems of trees and plants from: 1. Dumping of refuse. 2. Chemically injurious materials and liquids. 3. Noxious materials in solution caused by run-off and spillage during mixing and placement of construction materials, and drainage from stored materials. 4. Continual puddling of running water. F. Restrict vehicular and foot traffic to prevent compaction of soil over root systems. PART 2—PRODUCTS 2.01 —MATERIALS: A. As indicated and required elsewhere in the Specification Section, and as may be recommended by the Project Consulting Arborist. i PART 3—EXECUTION 3.01 GENERAL: A. Protect root systems of existing trees, shrubs and ground covers from damage due to noxious materials in solution caused by run-off and spillage during mixing and placement of construction materials, and drainage from stored materials. B. Protect root systems from flooding, erosion, excessive wetting and drying resulting from de-watering and other operations. C. Protect all existing plant material to remain against unnecessary cutting, breaking and skinning of roots and branches, skinning or bruising of bark. D. Do not allow fires under and adjacent to trees or other plants which are to remain. E. The PCA must direct removal of branches from trees and large shrubs,which are to remain, if required to clear new construction and where indicated;and to direct tree root pruning and relocation work. F. Where directed by the PCA, extend pruning operations to restore natural shape of entire tree. G. Cut branches and roots with sharp pruning instruments.Do not break, chop or mutilate. H. Water trees and other vegetation,which are to remain as necessary to maintain their health during the course of the work. Maintain a water schedule and document. 3.02 EXCAVATION AROUND TREE: A. Excavate within root zone of trees only where indicated and acceptable to the PCA. B. Excavate around tree roots within tree root zone only under the direction of the PCA. C. Where trenching for utilities is required within root zones,tunnel under and around roots by hand digging. Do not cut main lateral support roots. Cut smaller roots that interfere with installation of new work;use sharp pruning tools. D. Where excavating for new construction is required within root zones of trees, hand excavate to minimize damage to root systems. Use narrow tine spading forks and comb soil to expose roots. Relocate roots in backfill areas whenever possible. If large, main lateral roots are encountered, expose beyond excavation limits as required to bend and relocate without breaking. E. If encountered immediately adjacent to location of new construction and relocation is not practical;cut roots approximately 6 inches back from new construction. F. Do not allow exposed roots to dry out before permanent backfill is placed; provide temporary earth cover,pack with wet peat moss or 4 layers of wet untreated burlap and temporarily support and protect from damage until permanently relocated and covered with backfill. Water puddle backfill to eliminate voids and air pockets. G. All pruning shall be performed to ANSI A-300 Pruning standards by Oregon state registered tree care forms employing Certified Arborists. Other therapeutic care work shall be performed to National Arborist Association standards. 3.03 GRADING AND FILLING AROUND TREES: A. Maintain existing grade within root zones of trees unless otherwise indicated or acceptable to the PCA. B. Lowering Grades: Where existing grade is above new finish grade shown around trees, under direction of PCA, carefully hand excavate within root zones to new grade. Cut roots exposed by excavation to approximately 3 inches below elevation of new finish grade. C. Raising Grades: Permitted only as acceptable to the PCA. 3.04 REPAIR.AND REMOVAL OF TREES: A. The PCA must direct tree repair work. Engage a Certified Arborist, acceptable to the PCA,to perform tree repair work. Repair trees damaged by construction operations in a manner acceptable to the PCA. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged trees. B. Remove dead and damaged trees that are determined by the PCA to be incapable of restoration to normal growth pattern. 3.05 REPAIR AND REPLACEMENT OF SHRUBS: A. Repair shrubs, and other vegetation damaged by construction operations in a manner acceptable to the PCA. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged plants. B. Remove and replace dead and damaged plants that are determined by the PCA incapable of restoration to normal growth pattern. 1. Provide new shrubs of same size and species as those replaced or as otherwise acceptable to the PCA and Landscape Architect. 2. Plant and maintain as acceptable to the PCA and Landscape Architect. 3.06 HARDSCAPE INSTALLATION WITHIN THE PROTECTION ZONES: A. Electrical conduit and irrigation main lines should be run under walkways, within stone or concrete subbase, and should not cut into native soil within the Tree Protection Zone (within the drip line). Drip irrigation shall be installed within the Tree Protection Zone. Lateral electrical lines to individual lights, should be installed as close to the soil surface as possible with short runs from the main conduit. B. Electrical fixtures,housing, and irrigation valves must be installed with care to avoid cutting roots. Digging must be minimal with excess dirt removed from the tree preservation area. Do not cut roots greater than 1" in diameter without the approval of the Consulting Arborist.roots greater than 1" in diameter exposed during excavation must be cut squarely at the edge of the excavation with a sharp saw or appropriate pruning tool. C. Install walkways as close to grade as possible to minimize excavation into the soil where large roots and areas of high root density exist. Backfill with loose dirt to the minimum depth necessary to achieve a natural look. Mulch if appropriate, as directed by the PCA. 3.07 COMPENSATION TO OWNER FOR TREES: A. Contractor shall pay the Owner the value of existing trees to remain that died or were damaged and required removal because of the Contractor's failure to provide adequate protection and maintenance. B. Value of existing trees will be determined by the PCA in accordance with the evaluation formula set forth in"The Council of Tree and Landscape Evaluation Guide for Plant Appraisal,"ninth edition, 2000. C. Any wound or damage to a preserved tree constitutes partial injury. These include, but are not limited to: Any cambian tissue damage. Unauthorized cutting,breaking or removed tree branches. Unauthorized cutting or damaging protected root zones. Soil compaction. Toxic run-off into tree preservation area. D. Partial injury will be calculated by percentage of the total value of the damaged tree. E. The loss value penalty will include cost to the Owner for loss appraisal by the PCA plus the cost for necessary damage repair. PART 4—PRE-CONSTRUCTION TREE CARE 4.01 PRUNING AND STRUCTURAL SUPPORT: A. All trees designated to be retained within the project limits shall be pruned to ANSI A-300 Pruning Standards with selective low limb removal, as directed and approved by the PCA,where required for construction clearance. B. Structural support(cabling)may be required on specific trees as identified by the PCA to National Arborist Association Standards. C. All therapeutic care recommended will be directed, inspected and approved by the PCA. PART 5—POST-CONSTRUCTION TREE CARE 5.01 FERTILIZATION/AERATION: A. Aeration as determined by the PCA may be required in areas where construction compaction has occurred. B. Deep root liquid injection fertilizing of all trees to National Arborist Association standards may be required following completion of construction. The timing and methodology will be determined by the PCA. Prepared by: Robert Mazany ASCA, ACFE Registered Consulting Arborist#133 Robert Mazany and Associates PO Box 1305 Beaverton, OR 97075 (503) 646-0897 LAND USE PROPOSAL DESCRIPTION TIGARD 120 DAYS = 9/15/2007 FILE NO.: MINOR LAND PARTITION (MLP) 2006-00005 FILE TITLE: TINDALL PARTITION APPLICANT: Caffall Construction APPLICANT'S W. B. Wells &Associates, Inc. Attn: Karen Tindall REPRESENTATIVE: Attn: Mark Person 8555 SW Sagert Street 4230 NE Fremont Street Tualatin, OR 97062 Portland, OR 97213 OWNER: Sharon L. & Richard L. Ulrich 13500 SW 121st Avenue Tigard, OR 97223 REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. LOCATION: 13500 SW 121s`Avenue;Washington County Tax Map 2S103CD Tax Lot 4500. ZONE: R-4.5: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 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: JUNE 1, 2007 COMMENTS ARE DUE: JUNE 15, 2007 ❑ 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: JULY 3, 2007 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP Z UTILITY PLANS • SITE DISTANCE CERTIF. Z SITE PLAN ❑ STORM WATER ANALYSIS ❑ TRAFFIC STUDY Z NARRATIVE ® ARBORIST REPORT Z OTHER: MISCELLANEOUS STAFF CONTACT: Cheryl Caines,Assistant Planner (503) 639-4171,Ext. 2437 1 City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 1111 IIII TIGARD May 30, 2007 Mark Person W. B. Wells & Associates, Inc. 4230 NE Fremont St. Portland, OR 97213 RE: Completeness Review—Tindall Partition Case File No. MLP2006-00005 Dear Mr. Person: The City of Tigard received your original application submittal for a 3-lot Minor Land Partition on December 20, 2006. The development site is located at 1S125CA, Tax Lot 3800. Staff has completed a review of the supplemental materials received May 18, 2007 and has determined that your application is now complete for the purpose of beginning the 120- day review period for a final decision. The formal comment and review process typically takes 6 weeks. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification. If you have any questions regarding this letter or your application,please contact me at (503) 718-2437. Sincerely, Cheryl Caines Assistant Planner cc: MLP2006-00005 Land Use File Karen Tindall, Caffall Construction Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 OS W.B.WELLS �• wZ� OEIIUEAY SEflUI[E IAf de Associates, Inc. c-S2 c� Vrhe� 1.61 Surveyors • Engineers • Planners ' 4230 NE Fremont Street Portland Oregon 97213 Letter of Transmittal nciat64' Phone: 503-284-5896 Fax: 503-2848530 To: City of Tigard From: Mark Person f:I - E L Attn: Cheryl Caines 13125 SW Hall Blvd. MAY 1 8 2007 Tigard, OR 97223 CI IY OF i iGARD E'l_At,`"! IGIFNGtNEERfNr cc: Date: May 17, 2007 Job Name: Tindall Partition Re: Additional Copies Job Number: 06-305 We Are Sending: x Enclosed Under Separate Cover Copies Description 5 Complete Application 8 Reduced Development Plans These are transmitted as checked: For Approval For your signature x For your use Approved as Submitted For review&comment For your records Approved as Noted Returned for Corrections For your action As Requested Resubmit copies for Approval Loaned Documents Returned For Proposal Return Corrected Prints Other Comments: Signature _040 If you do not receive all of the listed documents, please call (503)284-5896 immediately Document2 5/17/2007 City of Tigard, Oregon - 13125 SW Hall Blvd. • Tigara, OR 97223 May 9, 2007 TIGARD: Mark Person W. B. Wells &Associates 4230 NE Fremont St. Portland, OR 97213 RE: Completeness Tindall Minor Land Partition, Case File No. MLP2006-00005 Dear Mr. Person: The City has received your application for a minor land partition (MLP2006-00005) to divide a .89 acre site into three parcels. The development site is located at 13500 SW 12215` Avenue. 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: ♦ Submit 5 copies of complete application packets. This includes plans and all application materials that have been submitted to the City. If items have been revised, please only include the revised version. ♦ Submit 8 additional copies of plan sets. These may be reduced copies provided they are legible. ♦ Submit two sets of pre-stamped, pre-addressed envelopes. Property owner list must be produced by Patty Lunsford in the Planning Department, 503-639-4171, ext. 2438. Should you have any questions with regard to these items, please contact me at 503-639- 4171 x2437. Sincerely, el114 - 644/n2` ) Cheryl Caines Assistant Planner c: MLP2006-00005 Land Use File Karen Tindall with Caffall Construction is\curpin\chcryl\sdr\Tindall Partition\m1p2(X)6-1XX)05 incompletc.doc Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 <: , 25 1 03 CD 4S00 PUBLIC FACILITY PLAN Project: . ..tdal/MLP COMPLETENESS CHECKLIST Date: 1/17/07 GRADING Existing and proposed contours shown. Provide existing topo t Are there grading impacts on adjacent parcels? Cannot tell without existing topo ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES Right-of-way clearly shown. Label ROW Centerline of street(s) clearly shown. Label centerline ® Street name(s) shown. Existing/proposed curb or edge of pavement shown. Show edge of pavement along 121' frontage. Show Quail Creek Lane intersection with 1215`Avenue. ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? Eig. Street/ROW widths dimensioned and appropriate? Show dimensions for full width of existing ROW ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: 1) 18.705.030.H.1, Q.18.705.030.H.2, rovide preliminary sight distance 18.705.030.H.3, 4) Private street, 5) Driveway width ertification for proposed driveway on 121st and spacing Avenue (see pre-app notes), g).4'6u must �1 �ROV� �ZST+ � address this code section, the current J driveway doe noicomply with the code I McKQVFM�'rs �LOI�K�. (2l Sr criteria, Wo.T e~existing driveway does not eAS6D ON koUaft comply with this code criteria, either move l the driveway to align with Quail Creek Lane eRoPOIMONAL1 'j AN A L`1 S S► or apply for an adjustment to this spacing 5H-ow op PLANS. Com-ACT standard using the criteria of 18.370 and provide the findin s in order to justify the Cal c.(P GQou,P FOR- adjustment, private street cannot serve SHUN (M A7C,tl Parcels 2 and 3 because the minimum width of a private street is 20 feet with curbs in a W1k (STLEx:S WA(-44- z) tract 21 feet wide plus a 5 foot sidewalk in an easement. Revise the narrative to indicate a shared driveway, 0.015eway on 121st Avenue must meet Design standards 140 and 141 NITARY SEWER ISSUES Existing/proposed lines shown. Address 18.810.090 Stubs to adjacent parcels required/shown? � ) AAJI'JCT 5 ts1 Q6 ,pay uArc s� [�Nw -S 2 C.-ts2A-LS WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? REVISED: 01/17/07 •s ❑ Existing/proposed fire hydra. shown? Or-low existing _.ydrants. Provide letter from TVFR regarding requirements for additional hydrants and sprinkling of homes. ❑ Proposed meter location and size shown? .snow existing meter. Show 2 new meters ed at 12151 ROW with size indicated. ❑ Proposed fire protection system shown? Indicate if this is required by TVF AOUSCeo Len e4 F4 l)P STORM DRAINAGE AND WATER QUALITY ISSUES Existing/proposed lines shown? Address 18.810.100. Show existing line in Tract A of Whistler's Walk No. 2 where you are proposing to connect storm for Parcels 2 & 3 ❑ 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? 5/41/6 The submittal is hereb deemed ko426)1 M ® INCOMPLETE 5b, /o7 By: 5}PIP\ Date: 1/17/07 REVISED: 01/17/07 W.B.WELLS 14r4",,, & Associates, Inc- OS C//;,, Surveyors • Engineers • Planners szt , SEeU�cE�Rt �°` c; 4230 NE Fremont Street R[U�ERV ,�,. 4%, Portland Oregon 97213 Letter of Ti �,)�?. �� ��*ociatf, Phone: 503-284-5896 L Fax: 503-284-8530 c i City of Tigard RECEI�lE — To: From: Mark Person Community Development Dept. APR 1 7 2007 Attn: Cheryl Caines, Assistant Planner 13125 SW Hall Boulevard CITY OF TiGARD PLANNINGIENGINEERINC Tigard, OR 97223 cc: Date: April 17, 2007 Job Name: Tindall Partition Re: Resubmittal Job Number: 06-305 We Are Sending: x Enclosed Under Separate Cover Copies Description 3 Resubmittal Information for DSR2006-00005 These are transmitted as checked: For Approval For your signature x For your use Approved as Submitted For review&comment For your records Approved as Noted Returned for Corrections For your action As Requested Resubmit copies for Approval Loaned Documents Returned For Proposal Return Corrected Prints Other Comments: Signature,, If you do not receive all of the listed documents, please call (503)284-5896 immediately Document1 4/17/2007 W.B . Wells RECEIVED & Associates, Inc. Aril 16, 2007 p Surveyors •• Engineers •• Planners APR 1 7 2007 CITY OF TIGARD 4?y. w4l Exceptional Service, City of Tigard Community Development PLANNING/ENGINEERING ,�� Creative Solutions, Attn: Cheryl Caines, Assistant Planner tn 13125 SW Hall Boulevard Quality Beyond Your Expectations Tigard, OR 97223 . ts-- RE: Response to Completeness Letter for Tindall Minor Land Partition (SDR2006-00005) Ms. Caines: This letter is in response to your March 6, 2007 letter of Completeness for the Tindall Minor Land Partition. I have addressed the following items in the same order as they appear in your letter. 1. Narrative. The following items have been addressed in the narrative. • Per section 18.420.050.A.4.f, a fence will be placed along the eastern property line of the site to shield the access drive from the adjacent parcel. The proposed fence is also shown on the plans. 2. Since the street improvements will not be made at this time,no additional trees are proposed to be removed. 3. The visual clearance area has been revised and moved to the new right-of-way line. 4. The public facility items from Kim McMillan have been addressed with the revised narrative and development plans. With this additional information we believe that we have addressed all of the issues in the incompleteness letter. If you have any questions or require additional information please feel free to contact me at 503-284-5896. Respectfully, W.B. Wells and Associates Mark Person, Planner 4230 N.E. Fremont St.• Portland,OR 97213 • E-mail: Info @wbwells.com • Fax: 503/284-8530• Phone: 503/284-5896 • � w City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223 • • March 6,2007 T I GARD Mark Person W.B.Wells&Associates 4230 NE Fremont St. Portland,OR 97213 RE: Completeness Tindall Minor Land Partition, Case File No.MLP2006-00005 Dear Mr.Person: The City has received your application for a minor land partition (MLP2006-00005) to divide a .89 acre site into three parcels. The development site is located at 13500 SW 1221st Avenue. 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: 1. Narrative. Please revise the narrative to address further the following code section. Respond with facts,findings and conclusions to show how each of the criteria will be met. • 18.420.050.A.4.f— Screening is required along the eastern property line to shield the access drive from the adjacent parcel (2S103CD-04401). State what type of screening will be provided(fence or hedge) and show it on the plans. 2. Tree Plan. Due to the requirement of street improvements along 121st, it will be necessary to remove trees. Please revise the narrative and tree removal plan to reflect any new trees to be removed. Only trees over 12 inches are subject to mitigation. 3. Visual Clearance Areas. Revise the site plan to show the vision clearance areas along the new right-of-way line. 4. Public Facility Items. Please provide the information required by our development review engineer,as shown on the attached sheet. Should you have any questions with regard to these items,please contact me at 503-639-4171 x2437. Sincerely, Cheryl Caines Assistant Planner c: MLP2006-00005 Land Use File Karen Tindall with Caffall Construction is\air*\chen-1\.dr\Tindall Partition\mIp21NKr4X X)5 incomplctc.doc Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 25 ' 03CD 4Sio PUBLIC FACILITY PLAN Project: ....dal!MLP COMPLETENESS CHECKLIST Date: 1/17/07 pFADING Existing and proposed contours shown. Provide existing topo 0, Are there grading impacts on adjacent parcels? Cannot tell without existing topo ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES Right-of-way clearly shown. Label ROW Centerline of street(s) clearly shown. Label centerline ❑ Street name(s) shown. Existing/proposed curb or edge of pavement shown. Show edge of pavement along 121St frontage. Show Quail Creek Lane intersection with 121'Avenue. ❑ Street profiles shown. ❑ Future Street Plan: Must show street profiles, topo on adjacent parcel(s), etc. ❑ Traffic Impact and/or Access Report ❑ Street grades compliant? R Street/ROW widths dimensioned and appropriate? Show dimensions for full width of existing ROW ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: 1) 18.705.030.H.1, 8.705.030.H.2, • rovide preliminary sight distance 18.705.030.H.3, 4) Private street, 5) Driveway width ertification for proposed driveway on 121St and spacing Avenue (see pre-app notes), Q,pfou must address this code section, the current c ) 12 R Gd 1 7�-5T driveway doee,no comply with the code I mmovFrl rcmis Atoo6, 1215r criteria, Ci erfie existing driveway does not 6ASer) ow R,ous comply with this code criteria, either move the driveway to align with Quail Creek Lane et oP00,1101 A1.L'� INN A INS IS, or apply for an adjustment to this spacing SH'o / 00 fk AIJs. CowrALT standard using the criteria of 18.370 and provide the findin s in order to justify the Cal C t P G get 4P FOB. adjustment, VA.-private street cannot serve CON �M ATC. Parcels 2 and 3 because the minimum width VS I of a private street is 20 feet with curbs in a W If(ST Leg:S WAS 2) tract 21 feet wide plus a 5 foot sidewalk in an easement. Revise the narrative to indicate a shared driveway, ►veway on 121s( Avenue must meet Design standards 140 and 141 SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. Address 18.810.090 ❑ Stubs to adjacent parcels required/shown? C /007- 5th1R6 1,12r0ATE Sewt✓g- uNe —SWow 2 LAr&-LS WATER ISSUES E ❑ xisting/proposed lines w/ sizes noted? REVISED: 01/17/07 I Existing/proposed fire hydra. shown? Vhow existing ./drants. Provide letter from TVFR regarding requirements for additional hydrants and sprinkling of homes. I Proposed meter location and size shown? .'Show existing meter. Show 2 new meters banked at 121st ROW with size indicated. ❑ Proposed fire protection system shown? Indicate if this is required by TVF koul m Le7l M rei STORM DRAINAGE AND WATER QUALITY ISSUES Existing/proposed lines shown? Address 18.810.100. Show existing line in Tract A of Whistler's Walk No. 2 where you are proposing to connect storm for Parcels 2 3 ❑ 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? I Storm stubs to adjacent parcels required/shown? The submittal is hereb deemed I COMPLETE ® INCOMPLETE ) 5/(0 /ô7 By: Date: 1/17/0 / REVISED: 01/17/07 N.B . Wells February20, 2007 & Associates, Inc. Surveyors • Engineers • Planners Q• wh Exceptional Service, City of Tigard Community Development Y t‘t.Attn: Cheryl Caines, Assistant Planner •SCreative Solutions, 13125 SW Hall Boulevard ' ' Quality Beyond ,y. 4 Your Expectations Tigard, OR 97223 4. e $ 0ciatB 1 RE: Response to Completeness Letter for Tindall Minor Land Partition (SDR2006-00005) Ms. Caines: This letter is in response to your January 18, 2007 letter of Completeness for the Tindall Minor Land Partition. I have addressed the following items in the same order as they appear in your letter. 1. Narrative. The following items have been addressed in the narrative. • The existing driveway has been revised on the plans to line up with Quail Creek Lane to the northwest. As a result, a variance will not be required. • No existing trees will be used as street trees. Per the pre-app notes, the improvements along SW 121st will not be made at this time. • The criteria of Section 18.420.050.A.4. a-h has been addressed in detail in the revised narrative. • The development standards found in Table 18.510.1 have been addressed in the revised narrative. • Section 18.705.030.H & I have been revised per the Public Facility Plan Completeness Checklist. • The flag lot criteria of Section 18.730.020.C.2 - Exceptions to Development Standards, have been addressed in the revised narrative. • The narrative has been revised to address Section 18.810.090 - Street and Utility Improvements. 2. The site plan has been revised to show the vision clearance areas as computed in 18.795.040. 3. A complete title report has been submitted with this information 4. The public facility items from Kim McMillan have been addressed with the revised narrative and development plans. 4230 N.E. Fremont St.• Portland,OR 97213 • E-mail: Info @wbwells.com • Fax: 503/284-8530 • Phone: 503/284-5896 • 5. The tree plan has been revised. Trees 163, 164, 165 and 166 will be removed for health reasons. Seventy five percent of the remaining trees, 12 inches and greater in diameter will be retained. With this additional information we believe that we have addressed all of the issues in the incompleteness letter. If you have any questions or require additional information please feel free to contact me at 503-284-5896. Respect lly, W.B. Wells and Associates Mark Person, Planner City of Tigard, Oregon - 13125 SW Hall Blvd. • Tigard, OR 97223 in January 18,2007 TI G A R D Mark Person W. B. Wells&Associates 4230 NE Fremont St. Portland, OR 97213 RE: Completeness Tindall Minor Land Partition, Case File No. SDR2006-00005 Dear Mr. Person: The City has received your application for a minor land partition (MLP2006-00005) to divide a .89 acre site into three parcels. The development site is located at 13500 SW 1221" Avenue. 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: 1. Narrative. Please revise the narrative to address further the following code sections. Respond with facts, findings and conclusions to show how each of the criteria will be met. • 18.370.020.C.6. — Variances. As currently designed the existing driveway along SW 1215`does not meet the access spacing standards along a collector. If it will remain in the current location, then please apply for an adjustment to the access/egress standards by addressing the criteria under 18.370.020.C.5 and pay the fee of$301.00 ($602.00 x 50%). The narrative states that some existing trees along SW 121' may be used as street trees. To do so requires an adjustment application. Please address the criteria under 18.370.020.C.6.a and pay the fee of$151.50 ($303.00 x 50%). • 18.420.050.A.4. a-h • 18.510—development standards found in Table 18.510.1. • 18.705.030.H & I —Access Management (SW 1215' is classified as a collector). Also see notes under "Other" on the enclosed Public Facility Plan Completeness Checklist. • 18.730.020.C.2 — Exceptions to Development Standards. The two new parcels are considered flag lots and must have ten foot side yard setbacks. The height limit is therefore 11/2 stories or 25 feet, whichever is less, unless the standards in this section can be met. • 18.810.090—Street and Utility Improvements Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 2. Visual Clearance Areas. Revise the site plan to show the vision clearance areas as computed in 18.795.040. 3. Tide Report. Please submit a complete title report. Sections were missing from the copy submitted. It appears there may have been a problem when it was faxed to you. 4. Public Facility Items. Please provide the information required by our development review engineer,as shown on the attached sheet. 5. This is not a completeness item, but the applicant should note that the tree plan will be approved as submitted. Any subsequent removal of trees on site will be considered a violation of the approved tree plan and fines will be assessed. If you think you may need to remove a tree in the future, mark it as being removed on the tree plan. A tree can always be saved without penalty,but trees marked to be saved cannot be removed. Should you have any questions with regard to these items, please contact me at 503-639- 4171 x2437. Sincerely, Cheryl Caines Assistant Planner c: MLP2006-00005 Land Use File Karen Tindall with Caffall Construction is\currin\chervl\sdr\Tindall Partition\mIp2N1G-)04)05 incomplcte.doc i 1 PUBLIC FACILITY PLAN Project: •. .Jail MLP COMPLETENESS CHECKLIST Date: 1/17/07 GRADING _ Existing and proposed contours shown. Provide existing topo ❑ Are there grading impacts on adjacent parcels? Cannot tell without existing topo ❑ Adjacent parcel grades shown. ❑ Geotech study submitted? STREET ISSUES ❑ Right-of-way clearly shown. Label ROW ❑ Centerline of street(s) clearly shown. Label centerline ❑ Street name(s) shown. ❑ Existing/proposed curb or edge of pavement shown. Show edge of pavement along 1215`frontage. Show Quail Creek Lane intersection with 1215`Avenue. ❑ Street profiles shown. 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? Show dimensions for full width of existing ROW ❑ Private Streets? Less than 6 lots and width appropriate? ❑ Other: 1) 18.705.030.H.1, 2) 18.705.030.H.2, 3) 1) Provide preliminary sight distance 18.705.030.H.3, 4) Private street, 5) Driveway width certification for proposed driveway on 12151 and spacing Avenue (see pre-app notes), 2) You must address this code section, the current driveway does not comply with the code criteria, 3) The existing driveway does not comply with this code criteria, either move the driveway to align with Quail Creek Lane or apply for an adjustment to this spacing standard using the criteria of 18.370 and provide the findings in order to justify the adjustment, 4) A private street cannot serve Parcels 2 and 3 because the minimum width of a private street is 20 feet with curbs in a tract 21 feet wide plus a 5 foot sidewalk in an easement. Revise the narrative to indicate a shared driveway, 5) Driveway on 12151 Avenue must meet Design standards 140 and 141 SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. Address 18.810.090 ❑ Stubs to adjacent parcels required/shown? WATER ISSUES ❑ Existing/proposed lines w/ sizes noted? REVISED: 01/17/07 f ❑ Existing/proposed fire hydran,_ .nown? Show existing - ,drants. Provide letter from TVFR regarding requirements for additional hydrants and sprinkling of homes. ❑ Proposed meter location and size shown? Show existing meter. Show 2 new meters banked at 121st ROW with size indicated. ❑ Proposed fire protection system shown? Indicate if this is required by TVFR STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existing/proposed lines shown? Address 18.810.100. Show existing line in Tract A of Whistler's Walk No. 2 where you are proposing to connect storm for Parcels 2 8, 3 ❑ 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 n COMPLETE E INCOMPLETE gy: sY1/ Date: 1/17/07 REVISED: 01/17/07 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: June 1,2007 FILE NUMBER MINOR LAND PARTITION (MLP) 2006-00005 FILE NAME: TINDALL PARTITION REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. LOCATION: 13500 SW 121St Avenue;Washington County Tax Map 2S103CD Tax Lot 4500. ZONE: R-45: The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 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 JUNE 15, 2007. All comments should be directed to Cheryl Caines,Assistant Planner(x2437) 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 cherylca tgard-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 JULY 3, 2007. IF YOU PROVIDE COMMENTS,YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI'1"1EN 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 DIREC;I'hD AT THE RELEVANT APPROVAL CRITERIA ARE WHAT CONSTITUTE RELEVANT EVIDENCE. AHER 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'YIED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FAU15 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 RE VIE W: 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." Mir 411111111P° ES RD UM wi ... . _Vuiiaiiiiii— ! , ♦ . CINITI-MAP • • MLP200G-00005 1 .■i■p11■■■■i .�1 � TINDALL �■: , • • P-1Rn1 110N PI ... 1111!11 • Al •i„111' iItIWp „ ♦ LEGEND: suBjEcr in Haan MIN* W 4411r° Aim SITE 111P41, ■ mgwHl r ro ,,` -...`■ o.cam , :t iuip F ,1■■■��►r 1.7 . 1 '• II�N ^'•'"'•de, •10 row I 1111 111.111LIO gm. ps ANNUM 4, a/AM ,.,■■■,r' . ..>� �...�.r...w 71 CARD ` ■� ■� .d.•.. ._�--a:. I3110 NH N. N.Om lors23 GAA DDS r� ■■ _M::. :_.. Cenrru M Development of date.Jun 1. i Ynegc1 in T. t NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2006-00005 TINDALL PARTITION TIGARD ! 120 DAYS =9/15/2007 SECTION I. APPLICATION SUMMARY FILE NAME: TINDALL PARTITION CASE NOS: Minor Land Partition(MLP) MLP2006-00005 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing .89-acre lot into three (3) parcels for detached single-family residences. Proposed lots range from 10,274 to 14,634 square feet. APPLICANT: Caffall Construction APPLICANT'S W. B.Wells &Associates,Inc. Attn: Karen Tindall REP: Attn: Mark Person 8555 SW Sagert Street 4230 NE Fremont Street Tualatin, OR 97062 Portland, OR 97213 OWNER Sharon and Richard Ullrich 13500 SW 1215`Avenue 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: 13500 SW 121st Avenue;Washington County Tax Map 2S103CD Tax Lot 4500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795,and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has 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 (25C) 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 t Final Decision: THIS DECISION IS FINAL ON JULY 6, 2007 AND BECOMES EFFECTIVE ON JULY 21, 2007 UNLESS AN APPEAL IS FILED. e�al: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 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 JULY 20, 2007. estions: or further information please contact the Plannin Division Staff Planner, Gary Pagenstecher at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223 or by email to garypatigard-or.gov. VICINITY -MAP Ft, 1 ) t, Lu r .I,•.•41 MIPD20L-00003 111/1111111411.11.11111111111411111117 • 411.�1' PARTITION .•���_ .111111 ���I7J!!I41ht' __1 t' •. { 4 OW if SAIIIMIUtTAril I N .. N I • r MEW II/ aV_�3 ■41111M Ma 'wiry 41r, s Tt-iiii , r..p q . ..«.- «« • •• • ~�•ptnnP i n. TINDALL PARTITION . � ,' LLJ „„,,,, , ,, VICINITY MAP yh �' ''''';',--.-4., �' •ARCEI 1 i' I - .��• – S 1-; '''''!F: �:ri..''~ tg; ^°�J�}jj_il g: ••---' fI < PARCEL . w.--7 N.l.S �1'T I4°.g / -7- ...----.. .\ r-:– 1 T•-\ Yip �-''.� \., I i/ PARCEL`3`` '� r.-7-1 ___ ••-y a-u1xYR.+fir 1 � -7-------._ _ Y t- fAk iP. "ama F, ...•.roe � `� I\ DRAWINGS' -� – .. 1 �..wO1M'.. /.u./mwa �. T 1 ..""-.,/... z MONO CONDITIONS PLAN RECEIVED la L• J a mtc ww APR t 7 MI PIAINISIEVOINBSISIO ..1'. Lp coo (p-.o 00� Maris Buxton From: brent.e.lawson @us.hsbc.com Sent: Friday, May 09, 2008 8:58 AM To: Maris Buxton Subject: Fw: Tindall Partition (T) Hi Maris, Below is the approval from TVFR for Condition #2. I think this raps up the conditions until I have comments back on the submitted conditions. If I have anything outstanding except for the fees please send me a note. Thanks, Brent Lawson 503-686-2115 Forwarded by Brent E Lawson/HBUS/HSBC on 05/09/2008 08:55 AM Autumn Melody <autumelody @hotma il.com> To Brent Lawson <brelawso@yahoo.com>, 05/09/2008 07:50 Brent E Lawson/HBUS/HSBC @HSBCO2 AM cc Subject FW: Tindall Partition (T) Subject: RE: Tindall Partition (T) Date: Thu, 8 May 2008 12:39:47 -0700 From: John.Dalby @tvfr.com To: autumelody @hotmail.com I received the FAX. You are approved insofar as fire apparatus access and firefighting water supplies are concerned. We have no objections to endorsement of the necessary development permits. John K. Dalby, Deputy Fire Marshal II 1 Tualatin Valley Fire & R ae, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 503-356-4723 From: Autumn Melody [mailto:autumelody @hotmail.com] Sent: Thursday, May 08, 2008 10:35 AM To: Dalby, John K. Subject: RE: Tindall Partition (T) Thanks so much, John. I am sending over the report from the city via fax for your approval. Let me know if you don't receive it and I'll send it again. Thanks! Autumn Subject: RE: Tindall Partition (T) Date: Tue, 6 May 2008 08:34:27 -0700 From: John.Dalby @tvfr.com To: autumelody @hotmail.com Hi Autumn, Sorry for the delay; I've been out of town for a few days. The bold print in my attached letter dictates the need for a fire hydrant within the required distance (600 feet) capable of providing the necessary fire flow. A phone call to the water purveyor would be appropriate. They should be able to tell you if the water supply system is capable of providing 1000 gallons per minute at 20 pounds per square inch residual pressure. That isn't much water demand but it's limited to residential structures less than 3600 square feet in total area. If the water supply is there, you're good to go. John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 503-356-4723 From: Autumn Melody [mailto:autumelody@hotmail.com] Sent: Tuesday, April 29, 2008 4:14 PM To: Dalby, John K. Subject: FW: Tindall Partition (T) Hello John, When we spoke in October of 2007 about the property @ 13500 SW 121st Ave, you confirmed that all the requirements from the fire department 2 • were met and there was n Ing that needed to be done as f 3s the fire department was concerned. You sent over the attatched letter which states the requirements, but it does not state that the requirements have been met. The city is not accepting the letter as confirmation and they need in writing from you that all requirement are met and there is nothing that needs to be done to the property to complete the Minor Land Partition. Could you put in writing that all requirements for the property are met and send it to me via email so I can forward it on to the city? Please call me @ 971-242-1431 with any questions, or my husband on is cell @ 503-805-7850. Thank you! Autumn and Brent Lawson ****************************************************************** This message originated from the Internet. Its originator may or may not be who they claim to be and the information contained in the message and any attachments may or may not be accurate. ****************************************************************** ****************************************************************** This E-mail is confidential. It may also be legally privileged. If you are not the addressee you may not copy, forward, disclose or use any part of it. If you have received this message in error, please delete it and all copies from your system and notify the sender immediately by return E-mail. Internet communications cannot be guaranteed to be timely, secure, error or virus-free. The sender does not accept liability for any errors or omissions. ****************************************************************** SAVE PAPER - THINK BEFORE YOU PRINT! 3 • Tj' Tualatin Valley Fire & Rescue July 2, 2006 Cheryl Caines, Assistant Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: (MLP) 2006-00005 Tindall Partition Dear Cheryl, 477A- L ( 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) 2) FIRE HYDRANTS —ONE-AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (IFC 508.5.1) If there is a fire hydrant within the prescribed distance capable of providing the required fire flow, the fire district has no additional conditions for this project. 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, John K . Dalby 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 Washington County,Oregon . 01/2312011 11:12:21 AM 2011 044362 D-RId Cnt.1 itn•18 D HOFFMAN $0.00$8.00$11.00$18.00•Total•$38.00 After Recording Send A Copy To: IIIIIIIIIUIIII City of Tigard IIII II I I I Illl II I �, Attn: Gary Pagenstecher o1/on2oso11oo�a/2oo10011 I 13125 SW Hall Blvd. I,Rleh.rd Neb.mkM,ar..ror of A..wnwne.nd Taxation.nd Ex.Of lclo county Clark of w..hington County,Orsgon,do h.nby c.rtly th.t th.within V Tigard, OR 97223 Instrument or wrking w..received. d ord W In the f C 6� book of records of said cou t r.• r^ O ,1 Richard Mob.mlcht,Dlnoto�MaN.ment wind File No.: MLP2006-00005 Tax.tlon,Ex-Officio County Clark Z Order No. 20100011409-FTPOR08 d 72 TREE RESTRICTIVE COVENANT In C DEED RESTRICTION btod e o Declarant is the owner of property described as Parcel 2, PARTITION PLAT NO. 2008- a U 074, in the City of Tigard, Washington County, Oregon. TOGETHER WITH an easement for access over and across Tract A, Partition Plat No. 2008-074, in the City of Tigard, Washington County, Oregon. TOGETHER WITH an easement for access over and across Tract A, WHISTLER'S WALK NO. 2,in the City of Tigard,Washington County,Oregon. Declarant has preserved or retained trees over and across portions of said property for an P P P P �' any existing tree greater than 12 inches in diameter. Any such preserved or retained tree may be removed only if the tree dies or is hazardous according to a certified arborist. This deed restriction o may be removed or will be considered invalid if a tree preserved in accordance with this deed O restriction should either die or be removed as hazardous. THIS AGREEMENT shall be deemed a Covenant running with the land and is binding upon the owners of property described as 13543 SW Piper Terrace,Tigard, OR 97223, Washington 0 County, Oregon and their successors and assigns. IN WITNESS THEREOF,the Declarant has executed this agreement on that date and year set forth below. DECLARANT: Brent awson STATE OF OREGON,COUNTY OF CLACKAMAS This ins a •nt was acknowledged before me by Brent E. Lawson on June 22,2011. ,. OFFICIAL SEAL 1 '>< SAMUEL L GOOLD !) " NOTARY PUBLIC-OREGON f)) NOTARY PUBLIC—OREGON >r COMMISSION NO.435701 f MY COMMISSION EXPIRES FEBRUARY 21,2013 () My Commission Expires: Feb.21,2013 l � T,' Z7 We tin County,Oregon 06 I1 11:12:21 AM 2011-044362 J D-Rib Cnt■1 Stn•1$ D HOFFMAN $5.00$5.00$11.00$15.00-Total•$30.00 After Recording Send A Copy To: City of Tigard RECEIVED PLANNING w Attn: Gary Pagenstecher 01107720201100443620010019 Blvd. I,Richard Hobernlcht,Director of ment and ,,,•, ,,k, E 13125 SW Hall Taxation and Ex.Officlo County Clerk for Washington b Tigard, OR 97223 JUL 0 8 2011 County,Oregon,do hereby certify that the within Instrument of writing was received end 1{orded In the i 1 ,1 •, book of records of said coupy. . /� I I File No.: MLP2006-00005 CITY OF TIGARD Richard • Hobernleht,DlreetorofA mentan• ,,,,-t„, •,t7,'a;,0� GC Taxation,Ex-Of icio County Clerk Z cotel Order No. 20100011409-F1 POR08 b o 4 w ;? TREE RESTRICTIVE COVENANT m� DEED RESTRICTION b � u 't eclarant is the owner of property described as Parcel 2, PARTITION PLAT NO. 2008- 074, in the City of Tigard, Washington County, Oregon. TOGETHER WITH an easement for access over and across Tract A, Partition Plat No. 2008-074, in the City of Tigard, Washington County, Oregon. TOGETHER WITH an easement for access over and across Tract A, WHISTLER'S WALK NO. 2,in the City of Tigard,Washington County, Oregon. �J Declarant has preserved or retained trees over and across portions of said property for any 1 existing tree greater than 12 inches in diameter. Any such preserved or retained tree may be removed only if the tree dies or is hazardous according to a certified arborist. This deed restriction . ) may be removed or will be considered invalid if a tree preserved in accordance with this deed restriction should either die or be removed as hazardous. 0 THIS AGREEMENT shall be deemed a Covenant running with the land and is binding j upon the owners of property described as 13543 SW Piper Terrace, Tigard, OR 97223, Washington County,Oregon and their successors and assigns. IN WITNESS THEREOF, the Declarant has executed this agreement on that date and year set forth below. DECLARANT: __Al , Brent E awson STATE OF OREGON, COUNTY OF CLACKAMAS This ins ent was acknowledged before me by Brent E. Lawson on June 22, 2011. a'f•`fir.- \ ` OFFICIAL SEAL ) 1::::)02-erc...L...... S Al UEL L GOOLD�� r�"~ d ) 111,' NOTARY PUBLIC-OREGON " NOTARY PUBLIC-OREGON I f COMMISSION NO.435701 ) (I MY COMMISSION EXPIRES FEBRUARY 21,2013 () My Commission Expires: Feb. 21,2013 Gary Pagenstecher From: brent.e.lawson @us.hsbc.com Sent: Monday, August 01, 2011 8:22 AM To: Gary Pagenstecher Subject: Re: Need address to return Recorded Deed Restriction Hi Gary, My address is 13543 SW Piper Terrace, Tigard, OR 97223 Thanks, Brent From: Gary Pagenstecher<Garvo tigard-or.gov> To: Brent E Lawson/HBUS/HSBC @HSBCO2 Date: 07/29/2011 01:10 PM Subject: Need address to return Recorded Deed Restriction Brent, Please forward your mailing address to me.We need to send you back the original Deed Restriction that you recorded at the County and submitted to the City to meet condition of approval#27. We have made a copy for the file, but lack your address to return the original. Thank you, Gary Gary Pagenstecher,AICP Associate Planner Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-718-2434 Fax:503-718-2748 Email:garyp@tigard-or.gov 1