ADJ2018-00001 12City of Tigard • COMMUNITY DEVi;LOPMEN"I' DEPARTMI-N'I'
2 Request for Permit Action
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503-718-2439 • ww-,v.tigard-or.gov
TO: CITY OF TIGARD
Building Division
13125 SW Hall Blvd.,Tigard,OR 97223
Phone: 503-718-2439 Fax: 503-598-1960 TigardBuildingPertnits@tigard-or.gov
FROM: ❑ Owner ❑ Applicant ❑ Contractor ffv 'City Staff
Check(✓)one
REFUND OR Name:
INVOICE TO: (Business or Indwidual)
Mailing Address:
City/State/Zip:
Phone No.:
PLEASE TAKE ACTION FOR THE ITEMS) CHECKED (✓):
❑ CANCEL/VOID PERMIT APPLICATION.
TA,� ❑ REFUND PERMIT FEES (attach copy of original receipt and provide explanation below).
t, � ❑ INVOICE FOR FEES DUE (attach case fee schedule and provide explanation below).
�U ❑ REMOVE/REPLACE CONTRACTOR ON PERMIT (do not cancel permit).
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Site Address or Parcel #: I 1 0 ,V 7ZIT4 AV, 7W,141 X q�zzl
Project Name: � Au , 4p_Afntn�
Subdivision Name: '!" Lot#:
EXPLANATION: Jtj,t lyw-4 ��Jl fir, UA-2,01-60001 .; ADJ20S
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Signature: Date:
Print Name: safttcr co
Refund Policy
1. The city's Community Development Director,Building Official or City Engineer may authorize the refund of:
• Any fee which was erroneously paid or collected.
• Not more than 80%of the application or plan review fee when an application is withdrawn or canceled before review effort
has been expended.
• Not more than 80%of the application or permit fee for issued permits prior to any inspection requests.
2. All refunds will be returned to the original payer in the form of a check via US postal service.
3. Please allow 3-4 weeks for processing refund requests.
Route to Sys Admin: Date B Route to Records: Date. /
cessed: Date -?-// / B 0 Invoice Processed: Date B
Permit Canceled: Date B Parcel Tag Added: Date B
I:\Building\I-'orms\RegPermitAction_092314.doc
NOTICE OF DECISION PAGE 1 OF 17
72ND AVENUE APARTMENTS
NOTICE OF TYPE II DECISION
ADJUSTMENTS AND LOT CONSOLIDATION
72ND AVENUE APARTMENTS
120 DAYS = July 31, 2018
SECTION I. APPLICATION SUMMARY
FILE NAME: 72ND AVENUE APARTMENTS
CASE NO.: ADJUSTMENT ADJ2018-00001
ADJUSTMENT ADJ2018-00002
ADJUSTMENT ADJ2018-00007
LOT CONSOLIDATION LLA2018-00001
PROPOSAL: The applicant proposes a new five-story mixed-use building at 11720 and 11750 SW 72nd Avenue
(WCTM 1S136DC, Tax Lots 3200 and 3300) with commercial uses on the ground floor, and
residential uses on the upper floors. The proposed uses, building, and site improvements are
subject to clear and objective development standards and, where met, are outright permitted in
the Triangle Mixed-Use (TMU) zone. However, the applicant proposes to consolidate Tax Lots
3200 and 3300, and to adjust several development standards, which are outlined below. These
actions are subject to land use review.
Reduction to the minimum street setback standard from one foot to zero feet.
Allowance for the roof overhang to project over the sidewalk by four feet, six inches.
Adjustment to the access spacing standards on SW 72nd Avenue to allow access to the site.
Reduction to some street dimensional standards to respond to existing street improvements.
APPLICANT: 72nd Avenue Property, LLC
Attn: Richard Cassinelli
4804 NW Bethany Boulevard, Suite I-2
Portland, OR 97229
OWNER: Same as applicant
LOCATION: 11720 and 11750 SW 72nd Avenue; WCTM 1S136DC, Tax Lots 3200 and 3300
COMPREHENSIVE
PLAN
DESIGNATION: TMU: Triangle Mixed-Use
ZONE: TMU: Triangle Mixed-Use Zone. The TMU zone applies to most land within the Tigard
Triangle, a regional Town Center bounded by Pacific Highway, Highway 217, and Interstate 5.
The TMU zone is intended to be an active, urban, multimodal and mixed-use district that
accommodates a variety of housing options and uses, promotes pedestrian-oriented
development, and limits new auto-oriented development. Development in this zone is subject
to the uses, standards, and procedures in Chapter 18.660.
NOTICE OF DECISION PAGE 2 OF 17
72ND AVENUE APARTMENTS
APPLICABLE
STANDARDS
AND APPROVAL
CRITERIA: Community Development Code Chapters 18.660, 18.710, 18.790, 18.810, 18.910, and 18.920.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director’s designee has APPROVED the above
request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section
V.
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS INCLUDING GRADING,
EXCAVATION, AND/OR FILL ACTIVITIES:
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 DIVISION, ATTN: KHOI LE, PRINCIPAL
ENGINEER at (503) 718-2440 or khoi@tigard-or.gov. The cover letter shall clearly identify where in the
submittal the required information is found:
1. Improvements associated with public infrastructure, including street and right-of-way dedication, utilities, grading,
water quality and quantity facilities, streetlights, easements, easement locations, and utility connections for future
utility extensions shall be designed in accordance with the following codes and standards:
City of Tigard Public Improvement Design Standards
Clean Water Services (CWS) Design and Construction Standards
City of Tigard Community Development Code and Municipal Code
Fire Codes
Other applicable utility district, county, state, and federal codes and standard guidelines
2. Improvements associated with public infrastructure, including street and right-of-way dedication, utilities, grading,
water quality and quantity facilities, streetlights, easements, easement locations, and utility connections for future
utility extensions are subject to the City Engineer’s review, modification, and approval.
3. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project
to cover all public infrastructure work including storm water quality and detention facilities, and any other work
in the public right-of-way. Four (4) sets of detailed public improvement plans shall be submitted for review to the
Engineering Division. An Engineering cost estimate of improvements associated with public
infrastructure, including but not limited to, street, street grading, utilities, stormwater quality and water
quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI
Permit submittal. The Engineering cost estimate of water improvements if under the City of Tigard
jurisdiction shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in
addition to any drawings required by the Building Division and should only include sheets relevant to public
improvements. 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. Prior to commencing site improvements, the applicant shall submit 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
NOTICE OF DECISION PAGE 3 OF 17
72ND AVENUE APARTMENTS
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 Division will delay
processing of project documents.
5. Prior to commencing site improvements, the applicant shall submit plans showing the following items to
Engineering for review and approval:
SW 72nd Avenue along the proposed redevelopment frontage shall be shown to have:
46-foot right-of-way dedication from centerline
33-foot half-street pavement improvement:
o 6-foot half-center lane
o Two 11-foot travel lanes
o 5-foot bicycle lane
Curb and gutter
13-foot sidewalk zone including tree wells and storm planters
Driveway approach meeting the City of Tigard Standards
Street trees in the tree wells per the City of Tigard Urban Forestry Manual
Streetlights as recommended from the approved photometric analysis and City Engineer approval
Paving, curb, and sidewalk transitions and barricades meeting the City of Tigard Standards and Manual
of Uniform Traffic Control Devices (MUTCD)
Street striping meeting MUTCD, ODOT Standard Specifications and the City of Tigard Standards
Traffic signs meeting the MUTCD and the City of Tigard Standards
6. Prior to commencing site improvements, the applicant shall submit site plans as part of the PFI Permit showing
a shared access easement for the benefit of both the proposed development and TL 1S136DC03400 for review
and approval. The minimum width of the easement shall be 11 feet, and the easement shall be as wide as 25 feet
at the end for truck turnaround.
7. Prior to commencing site improvements, the applicant shall provide a construction vehicle access and parking
plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the
public improvement construction phase. All construction vehicle parking shall be provided on site. No
construction vehicles or equipment will be permitted to park on the adjoining residential public streets.
Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site
improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and
employees associated with the project.
8. Prior to commencing site improvements, the applicant shall provide Engineering Division a photometric analysis
along SW 72nd Avenue for review and approval. Photometric analysis will follow the recommended values and
requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis; the applicant
shall submit plans showing the location of streetlights to Engineering Division for review and approval. Type and
color of pole and light fixtures shall also be included on the plan for review and approval.
9. Prior to commencing site improvements, the applicant shall submit site plans as part of the PFI Permit indicating
that all existing overhead utilities along the frontage on or crossing SW 72nd Avenue to be placed underground to
Engineering Division for review and approval.
NOTICE OF DECISION PAGE 4 OF 17
72ND AVENUE APARTMENTS
10. Prior to commencing site improvements, submit a final storm drainage report as part of the PFI permit indicating
how run-off from new and disturbed area located on site and off site will be collected, treated and detained to
Engineering Division for review and approval. The storm drainage report shall be prepared and include a
maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Design
Guidelines.
11. Prior to commencing site improvements, submit site plans as part of the PFI permit indicating how run-off from
new and disturbed area located on site and off site will be collected, treated and detained to Engineering Division
for review and approval.
12. Prior to commencing site improvements, the applicant shall obtain CWS Stormwater Connection Authorization
prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The
city will forward plans to CWS after preliminary review.
13. Prior to commencing site improvements, the applicant shall submit site plans as part of the PFI Permit showing
the location of the proposed sanitary sewer laterals and connections to Engineering for review and approval.
Plans shall also include any existing and proposed public sanitary sewer easements. All public sanitary sewer
facilities and easements shall be designed and constructed in accordance with the City of Tigard and CWS Design
and Construction Standards.
14. Prior to commencing site improvements, the applicant shall submit as part of the PFI Permit site plans showing
the location of proposed water improvements including, but not limited to, the location of the tap, water meter,
double check and fire vaults and any associated facilities to Engineering Division for review and record.
15. Prior to commencing site improvements, an erosion control plan shall be provided as part of the PFI permit
drawings. The plan shall conform to the “CWS Erosion Prevention and Sediment Control Design and Planning
Manual” (current edition) and be submitted to City of Tigard with the PFI plans.
16. Prior to commencing site improvements, a final grading plan shall be submitted showing the existing and
proposed contours. The plan shall detail the provisions for surface drainage, and show that they will be graded to
ensure that surface drainage is directed to the street or a public storm drainage system approved by the
Engineering Division.
17. Prior to commencing site improvements, the applicant will be required to provide written approval from Tualatin
Valley Fire and Rescue (TVF&R) for fire flow, hydrant placement, and emergency vehicular access and
turnaround.
THE FOLLOWING CONDITION SHALL BE SATISFIED
PRIOR TO BUILDING PERMIT SUBMITTAL:
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 PLANNING DIVISION, ATTN: LINA SMITH, ASSISTANT
PLANNER at (503) 718-2438 or LinaCS@tigard-or.gov. The cover letter shall clearly identify where in the
submittal the required information is found:
18. Prior to building permit submittal, the applicant shall record the lot consolidation with Washington County, and
submit copies of the recorded survey map and updated deeds to the city within 15 days of recording, to be
incorporated into the land use case file.
NOTICE OF DECISION PAGE 5 OF 17
72ND AVENUE APARTMENTS
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO FINAL BUILDING INSPECTION:
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 DIVISION, ATTN: KHOI LE, PRINCIPAL
ENGINEER at (503) 718-2440 or khoi@tigard-or.gov. The cover letter shall clearly identify where in the
submittal the required information is found:
19. Prior to final building inspection, the deed dedication of the 46 half-street from centerline right-of-way dedication
along SW 72nd Avenue shall be recorded. The document shall be on city forms.
20. Prior to final building inspection, a shared access easement for the benefit of both the proposed development
and TL 1S136DC03400 shall be recorded.
21. Prior to final building inspection, the applicant shall complete any work in the public right-of-way (or public
easement) as well as storm water quality and detention facilities, and obtain approval from the Engineering
Division.
22. Prior to final building inspection, the applicant shall demonstrate that they have entered into an agreement on
city forms for the maintenance of the private on-site water quality and detention facilities.
23. Prior to final building inspection, the applicant shall submit to the Engineering Division a Final Sight Distance
Certification for the access driveway at SW 72nd Avenue for review and approval.
24. Prior to final building inspection, 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).
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF
THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST:
Improvement Agreement:
Before approved construction plans are issued by the City, the Developer shall:
Execute and file an agreement with the City Engineer specifying the period within which all required
improvements and repairs shall be completed; and
Include in the agreement provisions that if such work is not completed within the period specified, the City may
complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate
improvement fees and deposits as may be required to be paid and may also provide for the construction of the
improvements in stages and for the extension of time under specific conditions therein stated in the contract.
Bond:
The Developer shall file with the agreement an assurance of performance supported by one of the following:
NOTICE OF DECISION PAGE 6 OF 17
72ND AVENUE APARTMENTS
An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of
Oregon;
A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains
in force until the surety company is notified by the City in writing that it may be terminated; or
Cash. The Developer shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The
Developer shall not cause termination of nor allow expiration of said guarantee without having first secured
written authorization from the City.
Utilities
All utility lines including, but not limited to those required for electric, communication, lighting and cable television
services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted
connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above.
Cash or Bond Required
All improvements installed by the Developer shall be guaranteed as to workmanship and material for a period of one year
following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of
the improvements as set by the City Engineer. The cash or bond shall comply with all applicable terms and conditions.
Installation Prerequisite
No public facility improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other
requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and
permit issued.
Notice to City Required
Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be
resumed until the City is notified.
Engineer’s Certification
The Developer's design engineer shall provide written certification of a form provided by the City that all improvements,
workmanship and materials are in accord with current and standard engineering and construction practices, and are of
high grade, prior to the City acceptance of the public facilities improvements or any portion thereof for operation and
maintenance.
SECTION III. BACKGROUND INFORMATION
Site and Vicinity Information
The subject properties (11720 and 11750 SW 72nd Avenue; WCTM 1S136DC, Tax Lots 3200 and 3300) are located on
the east side of SW 72nd Avenue, north of SW Clinton Street, and south of SW Baylor Street. Each tax lot is currently
occupied by a detached, single-family dwelling. The project site is approximately 0.65 acres in size, and is located within
the Tigard Triangle Plan District and the Triangle Mixed-Use (TMU) Zone.
Property History
City records indicate that Tax Lots 3200 and 3300 were originally approved as part of the Elnola Heights subdivision in
1955. No other land use approvals were found that affect the subject properties.
NOTICE OF DECISION PAGE 7 OF 17
72ND AVENUE APARTMENTS
SECTION IV. PUBLIC COMMENTS
The Tigard Community Development Code requires that all property owners of record within 500 feet of the proposed
development site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony
prior issuance of the decision. Staff mailed Notices of this Type II Application to affected parties on April 12, 2018. An
e-mail was received on April 26, 2018 from Doug and Mary Ziebart, owners of the property directly south of the
development site (11780 SW 72nd Avenue; WCTM 1S136DC, Tax Lot 3400), asking for clarification regarding the
requested adjustments. City staff responded to Mr. and Mrs. Ziebart with the requested information on April 26, 2018.
No other public comments were received.
SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA
The following summarizes the standards and approval criteria applicable to this decision, in the order in which they are
addressed:
Applicable Standards and Approval Criteria
18.660 Tigard Triangle Plan District
18.790 Variances and Adjustments
18.810 Lot Line Adjustments and Lot Consolidations
18.910 Improvement Standards
18.920 Access, Egress and Circulation
SECTION VI. APPLICABLE STANDARDS, APPROVAL CRITERIA, AND FINDINGS
18.660 Tigard Triangle Plan District
18.660.040 Review Process
C. Land use review. Whether required by this title or initiated by the applicant, land use review precedes
development review. Land use review is the process whereby the applicant submits any required or
applicant-initiated land use applications to the city for review against all applicable approval criteria and
standards. The planned development land use review process in Chapter 18.770 is not available to properties
located in the TMU zone.
2. Land use applications. Required land use applications are shown in Table 18.660.1 below. If more than
one land use application is required, they may be processed concurrently.
Table 18.660.1
Required Land Use Applications
Land Use Application Circumstances Code Section
Adjustment The proposed development cannot
meet all applicable design standards of
this chapter, or the applicant elects to
propose an alternative design or remove
a district tree (see Subsection
18.660.070.H).
18.660.040.C.4
Lot Line Adjustment, Lot
Consolidation, Minor Land
Partition, or Subdivision
The proposed development includes a
land division, property line adjustment
or lot consolidation.
18.660.040.C.5
NOTICE OF DECISION PAGE 8 OF 17
72ND AVENUE APARTMENTS
This proposal is to consolidate Tax Lots 3200 and 3300, and for the following adjustments to the design standards of this
chapter: reduction to the minimum street setback along SW 72nd Avenue from one foot to zero feet, and allowance for a
roof overhang to project over the SW 72nd Avenue sidewalk by four feet, six inches. These land use applications are being
reviewed and processed concurrently. This standard is met.
4. Adjustment application. An adjustment application shall be processed through a Type II procedure as
provided in Section 18.710.060.
a. An adjustment application may contain multiple adjustment requests. An adjustment may be
requested for any standard in this chapter unless specifically prohibited by this chapter. An
adjustment may not be requested to change or eliminate a required review process. The
provisions of Chapter 18.790, Variances and Adjustments, do not apply to properties in the TMU
zone.
The applicant proposes to adjust a site design standard (minimum building setback of one foot from the street property
line), and a building design standard (building projection into the public right-of-way). These adjustments are being
processed concurrently, through a Type II procedure as provided in CDC 18.710.060. This standard is met.
b. An adjustment application shall be approved when all of the following approval criteria have
been met for each requested adjustment:
i. The proposed adjustment has public benefits and is generally consistent with the
applicable stated purposes of this chapter.
The applicant requests a reduction to the minimum street setback along SW 72nd Avenue from one foot to zero feet (a
site design standard), and an allowance for a roof overhang to project over the sidewalk by four feet, six inches (a building
design standard), in order to accommodate a five-story mixed-use building of a specific design. The applicant’s narrative
states the proposed adjustments will provide public benefits by allowing the building to be brought to the street, creating
a more pedestrian-friendly, active environment, and by incorporating an aesthetically-pleasing architectural element. Staff
finds the proposed adjustments are consistent with the purpose of the site and building design standards in this chapter,
which is to create safe, comfortable, and attractive streetscapes for pedestrians (CDC 18.660.070.A and 18.660.080.A).
Furthermore, staff finds the proposed adjustments are consistent with the collective purpose of the standards and
procedures in Chapter 18.660 Tigard Triangle Plan District, which is to facilitate the transformation of the Tigard Triangle
into an active, urban, multimodal, and mixed-use district as envisioned by the 2015 Tigard Triangle Strategic Plan (CDC
18.660.010). This criterion is met.
ii. The proposed adjustment includes enhancements to the pedestrian environment along
the proposed development’s street frontage. Pedestrian enhancements include, but are
not limited to, the following:
Plaza development
District tree preservation
Pedestrian amenities in the public right-of-way
Pedestrian-oriented building façade design elements
The applicant’s narrative and plans demonstrate that the proposed adjustments include enhancements to the pedestrian
environment along SW 72nd Avenue. Specifically, the applicant has included plazas at the northwest and southwest corners
of the building, and incorporated pedestrian-oriented building façade design elements, such as covered, recessed building
entries. This criterion is met.
iii. The proposed adjustment is needed to address development constraints associated with
the proposed development site, and the applicant has adequately explained the need and
NOTICE OF DECISION PAGE 9 OF 17
72ND AVENUE APARTMENTS
rationale for the proposed adjustment. Development constraints include, but are not
limited to, the following:
Lot size, shape, or topography
Multiple street frontages
Protected natural resources
The applicant’s narrative and plans adequately demonstrate that the proposed adjustments are needed to address
development constraints associated with the proposed development site. The applicant states:
“The constraints associated with the proposed adjustments included side lot lines that are not perpendicular to
the street frontage and limited width and depth of the parcel to provide compliance with all of the relevant code
criteria. The solution for the building is to skew it slightly on the right-of-way so that it is parallel to the side lot
lines and allows space for the access on the south side of the building. The setback of the building will go from
near zero at the south end to near 1 foot at the north end.
The limited depth prevents the building from being moved to the rear of the lot and the overhangs therefore will
project over the right-of-way beyond that allowed by the code. To maintain this aesthetic design feature, the
adjustment is necessary and the result will be a more attractive building and streetscape to the public.”
This criterion is met.
iv. The proposed adjustment is needed to address transportation network connectivity
standards and includes, where practicable, pedestrian, bicycle, or vehicle transportation
facilities. Transportation network connectivity standards are provided in Subsection
18.660.090.C.3.
The applicant is not proposing any adjustments to the transportation network connectivity standards in CDC
18.660.090.C.3. This criterion does not apply.
v. The proposed adjustment is for the removal of a district tree, and the applicant will pay
the district tree removal fee listed in the city’s Master Fees and Charges Schedule unless
a finding is made that the proposed development site cannot be reasonably developed
without removal of the district tree. District tree information and requirements are
provided in Subsection 18.660.070.H.
The applicant is not proposing to remove a district tree with this application. This criterion does not apply.
5. Lot line adjustment lot consolidation, minor land partition, or subdivision application. The provisions
in Chapters 18.810, 18.820, and 18.830 shall continue to apply except as modified below.
a. Lot size and shape shall be appropriate for the proposed development or, if no development is
proposed, for an outright permitted use. There is no minimum lot area, width, or depth standard
in the TMU zone.
The applicant is proposing to consolidate two properties (11720 and 11750 SW 72nd Avenue; WCTM 1S136DC, Tax Lots
3200 and 3300) into one property that is approximately 0.65 acres in size. The applicant proposes to construct a new five-
story mixed-use building on this consolidated lot. Staff reviewed the applicant’s submitted plans to confirm the resulting
lot is the appropriate size and shape for the proposed mixed-use building. This standard is met.
b. Lots shall have frontage on, or approved access to, a public street.
NOTICE OF DECISION PAGE 10 OF 17
72ND AVENUE APARTMENTS
The resulting lot will have approximately 158 feet of frontage on SW 72nd Avenue. This standard is met.
c. Driveways shall comply with the standards in Subsection 18.660.070.G.
The proposed driveway is discussed under Subsection 18.660.070.G of this administrative decision. This standard is met.
d. Screening is not required between lots.
Compliance with the screening standards outlined in CDC 18.660.070.F will be confirmed at the time of development
review (CDC 18.660.040.B). This standard is met.
18.660.070 Site Design Standards
G. Driveways.
1. Quantity. Driveways on all streets are subject to the standards in Table 18.660.6 below, except for
driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on these streets are
subject to the access management standards in Chapter 18.920.
The proposed driveway for this project is located on SW 72nd Avenue; therefore, it is subject to the standards in Chapter
18.920 Access, Egress and Circulation. This standard is met.
2. Size. Driveways for all uses, other than single-family residential uses, shall be 20 feet or less in width on
all streets, except for driveways on Dartmouth Street, 72nd Avenue, and Pacific Highway. Driveways on
these streets shall only be as wide as needed for safety and are subject to the access management
standards in Subsection 18.920.030.H. Driveways for attached or detached single-family residential uses
shall be 10 feet or less in width. Driveway width measurements do not include driveway wings.
3. Location. Driveways shall be located as far apart from each other as practicable except where shared.
Driveways near street intersections shall be located as from the intersection as practicable. Driveways
are not permitted to be located in the influence area of any intersection with Dartmouth Street, 72nd
Avenue, or Pacific Highway and are subject to the access management standards in Subsection
18.920.030.H.
4. Sight distance. Driveways shall have adequate sight distance for safety. A sight distance analysis is
required for proposed driveways or existing driveways on sites where development is proposed. The city
engineer shall specify the technical information that shall be included in the analysis.
5. Shared driveways between adjacent developments may be required where practicable. Where required,
they shall be maintained into perpetuity with a recorded joint access agreement, contract, or other
legally binding document.
The proposed development takes access from SW 72nd Avenue. An Access Report and Transportation Analysis, dated
January 10, 2018, by Ard Engineering was submitted with this application. The report indicates that it is not possible to
meet the 600-foot access spacing requirement, therefore an adjustment to this access spacing standard is needed. The
justifications for the adjustment will be discussed further in Chapter 18.790 Variances and Adjustments of this
administrative decision.
The proposed access is located at the south end of the site. The access will be centered approximately 200 feet north of
SW Clinton Street, and approximately 600 feet from the intersection of SW 72nd Avenue and SW Dartmouth Street.
The intersection sight distance was measured for the proposed driveway location on SW 72nd Avenue, and adequate
intersection sight distance is available in both directions from the proposed access location.
NOTICE OF DECISION PAGE 11 OF 17
72ND AVENUE APARTMENTS
Correspondence between the applicant and city staff, as well as the site plans and narrative, indicate that a shared access
easement for the benefit of both the proposed development and the adjacent lot to the south is proposed. The easement
will be 11 feet wide for the most part along the south property line. The end portion of the easement will be as wide as
25 feet for a truck turnaround. With a shared access easement in place, both the proposed development and the adjacent
property to the south will have the opportunity to have a shared access in the future.
18.790 Variances and Adjustments
18.790.030 Adjustments
B. Special adjustments. Special adjustments are deviations from development standards. The approval
process and approval criteria for special adjustments are provided below.
4. Adjustment to Chapter 18.920, Access, Egress and Circulation.
a. In all base zones where access and egress drives cannot be readily designed to conform to
standards within a particular parcel, access with an adjoining property shall be considered. If
access in conjunction with another parcel cannot reasonably be achieved, the approval authority
may grant an adjustment to the requirements of Chapter 18.920, Access, Egress and Circulation,
through a Type II procedure, as provided in Section 18.710.060, using criteria in subparagraph b
of this paragraph 4.
b. The approval authority may approve or approve with conditions an adjustment application to
the requirements of Chapter 18.920, Access, Egress and Circulation when all of the following are
met:
i. It is not possible to share access;
ii. There are no other alternative access points on the street in question or from another
street;
iii. The access separation requirements cannot be met;
iv. The request is the minimum adjustment required to provide adequate access;
v. The approved access or access approved with conditions will result in a safe access; and
vi. The requirements of Chapter 18.930, Vision Clearance Areas, will be met.
The narrative indicates that access to a street other than SW 72nd Avenue cannot be provided in the absence of one or
more of the surrounding parcels being redeveloped. A shared access with the neighbor immediately to the south can be
provided; however, an adjustment will still be required since that property also takes access from SW 72nd Avenue.
Additionally, the adjacent property to the south is closer to the intersection of SW 72nd Avenue and SW Clinton Street.
Since the proposed site has frontage only on SW 72nd Avenue, there is no other alternative access point on the street. The
driveway can be located either on the north or on the south side of the property. However, the applicant chooses to locate
the driveway on the south to have better sight distance.
The site is located on SW 72nd Avenue between SW Baylor Street and SW Clinton Street; however; the spacing between
those two streets is less than 600 feet. Thus, the 600-foot spacing standard cannot be met.
As mentioned above, the location of the proposed driveway as shown on the site plan will maximize access spacing for
the site. The proposed access location represents the optimal driveway location, as well as the minimum adjustment
required to provide adequate access.
The access report prepared by Ard Engineering indicates that the proposed access has adequate sight distance in both
directions: 575 feet to the north and 498 feet to the south.
NOTICE OF DECISION PAGE 12 OF 17
72ND AVENUE APARTMENTS
The clear vision standards in Chapter 18.930 Vision Clearance Areas do not apply to development in the TMU zone
(CDC 18.660.070.B.3).
The applicant proposes to put a shared access easement along the southern property line, so both properties will have the
opportunity to share one access in the future when the neighboring property redevelops.
The Engineering Division will support the request for the adjustment to the spacing standards, but will require the
applicant to provide a shared access easement for the benefit of both the proposed development and the neighboring
property located to the south. This easement shall be recorded at the time of development, so both properties can share
one access in the future.
8. Adjustments to Chapter 18.910, Improvement Standards shall be processed through a Type II
procedure, as provided in Section 18.710.060. The approval authority shall approve or approve with
conditions an adjustment to the improvement standards, based on findings that the following is met:
Strict application of the standards will result in an unacceptably adverse impact on existing
development, on the proposed development, or on natural features such as wetlands, bodies of water,
significant habitat areas, steep slopes or existing mature trees. In approving an adjustment to the
standards, the approval authority shall determine that the potential adverse impacts exceed the public
benefits of strict application of the standards.
The applicant is requesting an adjustment to the Arterial Street Cross Sections standards. The request will allow the
applicant to utilize the prior standard requirement of the half-street, with 46 feet of right-of-way rather than 52 feet of
right-of-way.
The applicant’s narrative indicates that there is limited public benefit to the requirement of 52-foot half-street right-of-
way, in comparison to the 46-foot half-street right-of-way. The applicant’s narrative and graphical illustrations
demonstrate that the 92-foot right-of-way would be wide enough to accommodate five travel lanes, two bike lanes, and
sidewalk plus planter on both sides of the street.
While the recently-updated Tigard Triangle Lean Code references the five-lane with a 100 to 104-foot right-of-way Arterial
Standard Street Cross Section for the SW 72nd Avenue Corridor, the standard street cross section for this corridor had
historically required the five-lane cross section with 92-foot right-of-way. Additionally, the City of Tigard Transportation
System Plan indicated that the SW 72nd Avenue Corridor between Highway 99W (SW Pacific Highway) to SW Dartmouth
Street could be widened to either four or five lanes roadway without specifically calling out that a five lane roadway was
required.
The Engineering Division will support the request for the adjustment to the Arterial Street Standard Cross Section. The
applicant will be required to provide a 46-foot from centerline right-of-way dedication plus additional paving and frontage
improvements including new curb, sidewalk and planter along the development frontage on SW 72nd Avenue at the time
of development.
18.810 Lot Line Adjustments and Lot Consolidations
18.810.030 Approval Criteria
A. Approval criteria. The approval authority shall approve or approve with conditions an application for a lot
line adjustment or lot consolidation application when all of the following are met:
1. An additional lot is not created by the lot line adjustment or lot consolidation, and the existing lot or lots
are not reduced below the minimum lot size required by the applicable base zone.
An additional lot will not be created as a result of this application. The applicant is proposing to consolidate two properties
NOTICE OF DECISION PAGE 13 OF 17
72ND AVENUE APARTMENTS
(11720 and 11750 SW 72nd Avenue; WCTM 1S136DC, Tax Lots 3200 and 3300) into one property that is approximately
0.65 acres in size. Additionally, there is no minimum lot area, width, or depth standard in the TMU zone (TDC
18.660.040.C.5.a). This criterion is met.
2. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the applicable base
zone regulations.
The applicant is not proposing to reduce any lot sizes; the proposal is to consolidate two properties into one property
that is approximately 0.65 acres in size. Staff reviewed the applicant’s narrative and submitted site plan to determine that
the resulting lot will not be in violation of the applicable regulations for the TMU zone. This criterion is met.
3. The resulting lots are in compliance with the dimensional standards of the applicable base zone,
including:
a. The minimum lot width of the applicable base zone shall be met. Lot width for flag lots shall be
measured as provided in Section 18.40.090.
There is no minimum lot area, width, or depth standard in the TMU zone (TDC 18.660.040.C.5.a). Additionally, the
applicant is not proposing to create a flag lot through this lot consolidation. This criterion is met.
b. The minimum lot size as required by the applicable base zone shall be met. In the case of a flag
lot, the accessway may not be included in the lot area calculation, as provided in Section
18.40.090.
There is no minimum lot area, width, or depth standard in the TMU zone (TDC 18.660.040.C.5.a). Additionally, the
applicant is not proposing to create a flag lot through this lot consolidation. This criterion is met.
c. The depth of all lots shall not exceed 2.5 times the average width, unless the lot is less than 1.5
times the minimum lot size of the applicable base zone.
Staff reviewed the applicant’s submitted site plan to confirm the depth of the resulting single lot does not exceed 2.5 times
the average width. This criterion is met.
d. The side lines of lots shall be at right angles to the street upon which the lots fronts, unless
impractical.
The resulting lot will have approximately 158 feet of frontage on SW 72nd Avenue. Staff reviewed the applicant’s submitted
site plan to confirm the side lines of the resulting lot will be at right angles to SW 72nd Avenue, as far as practicable. This
criterion is met.
e. Each lot shall front a public right-of-way by at least 15 feet or have a legally recorded minimum
15-foot wide access easement; and
The resulting lot will have approximately 158 feet of frontage on SW 72nd Avenue. This criterion is met.
f. Setbacks shall be as required by the applicable base zone.
The applicant has applied for an adjustment to the minimum building setback of one foot from the street property line
(CDC 18.660.070.B.1); this adjustment is addressed under Chapter 18.660 Tigard Triangle Plan District of this
administrative decision. Compliance with the additional setback requirements outlined in CDC 18.660.070.B will be
NOTICE OF DECISION PAGE 14 OF 17
72ND AVENUE APARTMENTS
confirmed at the time of development review (CDC 18.660.040.B). This criterion is met.
4. With regard to flag lots:
a. The applicant 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.
b. A screen shall be provided along the property line of a lot of record where the paved accessway
is located within 10 feet of an abutting lot in compliance with Section 18.320.050. Screening may
also be required to maintain privacy for abutting lots and to provide usable outdoor recreation
areas for proposed development.
The applicant is not proposing to create a flag lot through this lot consolidation. Therefore, these criteria do not apply.
5. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will
ensure access and maintenance rights shall be recorded with the approved lot line adjustment or lot
consolidation.
The applicant is not proposing a common drive to be provided to serve more than one lot at this time. However, the
applicant proposes a shared ingress and egress easement to the benefit of 11780 SW 72nd Avenue; WCTM 1S136DC, Tax
Lot 3400 (the property located directly south of the project site). The purpose of this easement is that it may be utilized
by Tax Lot 3400 at the time of future development. This criterion is met.
6. Any accessway shall comply with Chapter 18.920, Access, Egress, and Circulation.
Access, egress, and circulation are addressed under Subsection 18.660.070.G and Chapter 18.790 Variances and
Adjustments of this administrative decision. This criterion is met.
Chapter 18.910 Improvement Standards
The applicable sections of Chapter 18.910 Improvement Standards are addressed under Chapter 18.790 Variances and
Adjustments of this administrative decision.
Chapter 18.920 Access, Egress and Circulation
The applicable sections of Chapter 18.920 Access, Egress and Circulation are addressed under Subsection 18.660.070.G
and Chapter 18.790 Variances and Adjustments of this administrative decision.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Fire and Life Safety:
On-site emergency vehicle turnaround, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R
prior to commencing site improvements.
Fire hydrants located in the right of way shall meet the City of Tigard Standards.
Public Water System:
The existing public water mains surrounding the proposed redevelopment are under the jurisdiction of TVWD.
NOTICE OF DECISION PAGE 15 OF 17
72ND AVENUE APARTMENTS
Prior to commencing site improvements, the applicant shall submit approval documentation from TVWD as part of the
PFI permit. The document may include approved site plans showing the location of proposed water improvements
including, but not limited to, the location of the tap, water meter, double check and fire vaults and any associated facilities
for the city record.
Prior to final building inspection, all proposed water improvements including, but not limited to, domestic and fire
systems and associated facilities shall be constructed, completed and/or satisfied.
Storm Water Quality:
The city has agreed to enforce Surface Water Management regulations established by Clean Water Services 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.
When onsite stormwater quality and detention facilities were constructed as part of a proposed development, all onsite
stormwater quality and detention facilities shall be properly maintained annually post development. The applicant shall
enter into a maintenance agreement with the city for the private water quality facility. This facility shall be maintained by
the applicant as required by the city, and as indicated in CWS Design and Construction Standards.
Prior to commencing site improvements, the applicant shall obtain CWS Stormwater Connection Authorization prior to
issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward
plans to CWS after preliminary review.
Grading and Erosion Control:
Clean Water Services 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 that accelerates erosion. In accordance with CWS regulations, the
applicant is required to submit an erosion control plan for city review and approval prior to issuance of city permits.
A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions
for surface drainage and show that they will be graded to ensure that surface drainage is directed to the street or a public
storm drainage system approved by the Engineering Division. For situations where the back portion of the site drains
away from a street and toward adjacent properties, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff away from adjacent properties.
The applicant shall obtain a General Grading Permit issued by the City of Tigard pursuant to ORS 468.740 and the
Federal Clean Water Act.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Building Division, Police Department, and Public Works Department were sent copies of the
applicant’s proposal, and had no objections.
SECTION VIII. AGENCY COMMENTS
Clean Water Services issued a Service Provider Letter (CWS file 17-002061) to determine that Sensitive Areas do not
exist on site or within 200 feet of the site. The agency also submitted written comments, dated April 26, 2018, requesting
a condition of approval that requires the applicant to obtain Storm Water Connection Permit Authorization. This request
NOTICE OF DECISION PAGE 16 OF 17
72ND AVENUE APARTMENTS
has been incorporated into the Conditions of Approval. The City of Tigard and CWS have an intergovernmental
agreement stating that the city will ensure implementation of CWS Design and Construction Standards; therefore, this
approval is conditioned to satisfy CWS requirements.
Pride Disposal Company was sent a copy of the applicant’s proposal, and had no objections.
Tualatin Valley Fire and Rescue was sent a copy of the applicant’s proposal, and had no objections.
Tualatin Valley Water District was sent a copy of the applicant’s proposal, and had no objections.
Attachments:
Attachment 1: Approved Plan Set
Attachment 2: Zoning Map
Attachment 3: City of Tigard Engineering Division, Memorandum dated May 2, 2018
Attachment 4: Clean Water Services, Comment Letter dated April 26, 2018
Attachment 5: Pride Disposal Company, Written Comments dated April 10, 2018
Attachment 6: Tualatin Valley Fire and Rescue, Written Comments dated May 2, 2018
Attachment 7: Tualatin Valley Water District, Written Comments dated April 11, 2018
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to:
X The applicant and owner
X Owners of record within the required distance
X Affected government agencies
Zoning Map
Generalized Zoning Categories
Zoning Description
Residential
Mixed Use Residential
Commercial
Mixed Use
Triangle Mixed Use
Mixed Use Employment
Industrial
Parks and Recreation
WA-CNTY
Overlay Zones
Historic District Overlay
Planned Development Overlay
Subject Site
Map printed at 09:28 AM on 12-Apr-18
Information on this map is for general location only and should be verified with the
Development Services Division.
DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD MAKES NO
WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY,
TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE
CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR
INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.
COMMUNITY DEVELOPMENT DEPARTMENT
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
503 639-4171
www.tigard-or.gov
ATTACHMENT 2
ENGINEERING COMMENTS PAGE 1
ATTACHMENT 3
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: May 2, 2018
TO: Lina Smith, Assistant Planner
FROM: Khoi Le, Principal Engineer
PROJECT: 72nd Apartments – Mixed Use Building
18.660.070 Site Design Standards
G. Driveways
3. Location. Driveways shall be located as far apart from each other as practicable except
where shared. Driveways near street intersections shall be located as from the intersection as
practicable. Driveways are not permitted to be located in the influence area of any
intersection with Dartmouth Street, 72nd Avenue, or Pacific Highway and are subject to the
access management standards in Subsection 18.920.030.H.
4. Sight distance. Driveways shall have adequate sight distance for safety. A sight distance
analysis is required for proposed driveways or existing driveways on sites where development
is proposed. The city engineer shall specify the technical information that shall be included
in the analysis.
5. Shared driveways between adjacent developments may be required where practicable.
Where required, they shall be maintained into perpetuity with a recorded joint access
agreement, contract, or other legally binding document.
The proposed development takes access from SW 72nd Ave. An Access Report and Transportation
Analysis dated January 10 2018 by Ard Engineering was submitted with the application. The report
indicates that it is not possible to meet the 600 feet access spacing requirement therefore an
adjustment to the access spacing standards is needed. The justifications for the adjustment will be
discussed further in Section 18.790. Variances and Adjustments.
The access is located at the south end of the site. The access will centered approximately 200 feet
north of SW Clinton St and approximately 600 feet from the intersection of SW 72nd Ave and SW
Dartmouth St.
The intersection sight distance was measured for the proposed driveway location on 72nd Ave and
adequate intersection sight distance is available in both directions from the proposed access location.
Correspondences between the Applicant and the City as well as the site plans and narrative indicate
that a shared access easement for the benefit of both the proposed development and the adjacent lot
to the south is proposed. The easement will be 11 feet wide for the most part along the south
property line. The end portion of the easement will be as wide as 25 feet for truck turnaround. With
shared access easement in place, both the proposed development and the adjacent property to the
south will have the opportunity to have a shared access in the future.
ENGINEERING COMMENTS PAGE 2
18.790.030 Adjustments
B. Special Adjustments
4. Adjustment to Chapter 18.920, Access, Egress and Circulation
a. In all base zones where access and egress drives cannot be readily designed to
conform to standards within a particular parcel, access with an adjoining property
shall be considered. If access in conjunction with another parcel cannot reasonably
be achieved, the approval authority may grant an adjustment to the requirements of
Chapter 18.920, Access, Egress and Circulation, through a Type II procedure, as
provided in Section 18.710.060, using criteria in Subparagraph 18.790.030.B.4.b.
b. The approval authority may approve or approve with conditions an adjustment
application to the requirements of Chapter 18.920, Access, Egress and Circulation
when all of the following are met:
i. It is not possible to share access;
ii. There are no other alternative access points on the street in question or from
another street;
iii. The access separation requirements cannot be met;
iv. The request is the minimum adjustment required to provide adequate access;
v. The approved access or access approved with conditions will result in a safe
access; and
vi. The requirements of Chapter 18.930, Vision Clearance Areas, will be met.
The narrative indicates that access to a street other than 72nd Ave cannot be provided in the absence
of one or more of the surrounding parcels being redeveloped. A shared access with the neighbor
immediately to the south can be provided; however, an adjustment will still be required since that
property also takes access from 72nd Ave. Additionally, the adjacent property to the south is closer to
the intersection of 72nd Ave and Clinton St.
Since the proposed site has frontage only on 72nd Ave, there is no other alternative access points on
the street. The driveway can be located either on the north or on the south side of the property.
However, the Applicant chooses to locate the driveway on the south to have better sight distance.
The site is located on 72nd Ave between Baylor St and Clinton St however; the spacing between those
two streets is less than 600 feet. Thus, the 600 feet spacing standard cannot be met.
As mentioned above, the location of the proposed driveway as shown on the site plan will maximize
access spacing for the site. The proposed access location represents the optimal driveway location as
well as the minimum adjustment required to provide adequate access.
The access report prepared by Ard Engineering indicates that the proposed access has adequate sight
distance in both direction; 575 feet to the north and 498 feet to the south.
Although the vision clearance standards referencing the requirements of Chapter 18.930, vision
clearance requirements do not apply to development in the TMU zone under section 18.660.070.B.3.
The Applicant proposes to put in place a shared access easement along the southern property line so
both the properties will have the opportunity to share one access in the future when the neighboring
property redevelops.
ENGINEERING COMMENTS PAGE 3
Engineering Division will support the request for the adjustment to the spacing standards but will
require the Applicant to provide a shared access easement for the benefit of both the proposed
development and the neighboring property located to the south to record at the time of development
so both can share one access in the future.
18.910.20. General Provision
18.910.020.D Adjustment
D. Adjustment. Adjustment to the provisions in this chapter related to street improvements
shall be processed through a Type II procedure, as provided in Section 18.710.060, using
approval criteria in 18.790.030.B.8.
18.910.030.B.8 Adjustments to Chapter 18.910, Improvement Standards shall be processed
through a Type II procedure, as provided in Section 18.710.060. The approval authority shall
approve or approve with conditions an adjustment to the improvement standards, based on
findings that the following is met: Strict application of the standards will result in an
unacceptably adverse impact on existing development, on the proposed development, or on
natural features such as wetlands, bodies of water, significant habitat areas, steep slopes, or
existing mature trees. In approving an adjustment to the standards, the approval authority
shall determine that the potential adverse impacts exceed the public benefits of strict
application of the standards.
The Applicant is requesting an adjustment to the City’s Standards; the Arterial Street Cross Sections.
The request will allow the Applicant to utilize the prior standard requirement of the half-street with
46 feet of right of way rather than that of the 52 feet of right of way.
The Applicant narrative indicates that there is limited public benefit to the requirement of half-street
52 feet of right of way in comparison to that of the 46 feet. The Applicant pointed out in the
narrative and in the graphical illustrations that the 92-foot right of way would be wide enough to
accommodate five travel lanes, two bike lanes, and sidewalk plus planter on both sides of the street.
While the recently updated Tigard Triangle Codes references the five-lane with a 100 to 104-foot
right of way Arterial Standard Street Cross Section for SW 72nd Corridor, the standard street cross
section for this corridor had historically required the five-lane cross section with 92-foot right of way.
Additionally, the Transportation System Plan (TSP) indicated that the 72nd Corridor between ORE
99W to Darthmouth could be widened to either four or five lanes roadway without specifically
calling out that a five lane roadway was required.
Engineering Division will support the request for the adjustment to the Arterial Street Standard
Cross Section. The Applicant will be required to provide a 46-foot from centerline right of way
dedication plus additional paving and frontage improvements including new curb, sidewalk and
planter along the development frontage on 72nd Ave at the time of development.
ENGINEERING COMMENTS PAGE 4
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Fire and Life Safety:
Onsite emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and
approved by TVF&R prior to commencing site improvements.
Fire hydrants located in the right of way shall meet the City of Tigard Standards.
Public Water System:
The existing public water mains surrounding the proposed redevelopment are under the Tualatin
Valley Water District (TVWD) jurisdiction.
Prior to commencing site improvements, the Applicant shall submit as part of the Public Facility
Improvement (PFI) permit approval documentation from TVWD. The document may include
approved site plans showing the location of proposed water improvement including but not limited
to the location of the tap, water meter, double check and fire vaults and any associated facilities for
the City record.
Prior to final building inspection, all proposed water improvement including but not limited to
domestic and fire systems and associated facilities shall be constructed, completed and/or satisfied.
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.
When onsite stormwater quality and detention facilities were constructed as part of a proposed
development, all onsite stormwater quality and detention facilities shall properly be maintained
annually post development. The Applicant shall enter into a maintenance agreement with the City
for the private water quality to be maintained by the Applicant as per required by the City and as
indicated in CWS Design and Construction Standards.
Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection
Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City
of Tigard for review. The city will forward plans to CWS after preliminary review.
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.
A final grading plan shall be submitted showing the existing and proposed contours. The plan shall
detail the provisions for surface drainage and show that they will be graded to insure that surface
drainage is directed to the street or a public storm drainage system approved by the Engineering
Department. For situations where the back portion of site drain away from a street and toward adjacent
ENGINEERING COMMENTS PAGE 5
properties, appropriate private storm drainage lines shall be provided to sufficiently contain and convey
runoff away from adjacent properties.
The applicant shall obtain a General Grading Permit issued by the City of Tigard pursuant to ORS
468.740 and the Federal Clean Water Act.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING,
EXCAVATION AND/OR FILL ACTIVITIES:
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: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal
the required information is found:
1. Improvements associated with public infrastructures including street and right of way
dedication, utilities, grading, water quality and quantity facilities, streetlights, easements,
easement locations, and utility connection for future utility extensions shall be designed in
accordance with the following codes and standards:
City of Tigard Public Improvement Design Standards
CleanWater Services (CWS) Design and Construction Standards
Tigard Community Development Codes, Municipal Codes
Fire Codes
Other applicable Utility District, County, State, and Federal Codes and Standard
Guidelines
2. Improvements associated with public infrastructures including street and right of way
dedication, utilities, grading, water quality and quantity facilities, streetlights, easements,
easement locations, and utility connection for future utility extensions are subject to the City
Engineer’s review, modification, and approval.
3. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is
required for this project to cover all public infrastructure work including storm water quality
and detention facilities and any other work in the public right-of-way. Four (4) sets of
detailed public improvement plans shall be submitted for review to the Engineering
Department. An Engineering cost estimate of improvements associated with public
infrastructures including but not limited to street, street grading, utilities, stormwater
quality and water quantity facilities, sanitary sewer, streetlights, and franchise
utilities shall be required at the time of PFI Permit submittal. Engineering cost
estimate of water improvement if under the City of Tigard jurisdiction shall be listed
as a separate line item from the total cost estimate. 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 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. Prior to commencing site improvements, submittal of 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
ENGINEERING COMMENTS PAGE 6
person. Failure to provide accurate information to the Engineering Department will delay
processing of project documents.
5. Prior to commencing of site improvements, the Applicant shall submit plans showing the
following items to Engineering for review and approval:
SW 92nd Ave along the proposed redevelopment frontage shall be shown to have:
46-foot right of way dedication from centerline
33-foot half-street pavement improvement:
o 6-foot half-center lane
o Two 11-foot travel lanes
o 5-foot bicycle lane
Curb and gutter
13-foot sidewalk zone including tree wells and storm planters
Driveway approach meeting the City of Tigard Standards
Street trees in the tree wells per the City of Tigard Urban Forestry Manual
Streetlights as recommended from the approved photometric analysis and the City
Engineer approval
Paving, curb, and sidewalk transitions and barricades meeting the City of Standards
and MUTCD
Street striping meeting the Manual of Uniform Traffic Control Devices (MUTCD),
ODOT Standards Specs and the City of Tigard Standards
Traffic signs meeting the MUTCD and the City of Tigard Standards
6. Prior to commencing of site improvement, the Applicant shall submit site plans as part of
the Public Facility Improvement (PFI) Permit showing a shared access easement for the
benefit of both the proposed development and TL 1S136DC03400 for review and approval.
The easement shall have a minimum 11 feet in width and as wide as 25 feet at the end for
truck turnaround.
7. Prior to commencing of site improvements, the Applicant shall provide a construction
vehicle access and parking plan for approval by the City Engineer. The purpose of this plan
is for parking and traffic control during the public improvement construction phase. All
construction vehicle parking shall be provided onsite. No construction vehicles or
equipment will be permitted to park on the adjoining residential public streets. Construction
vehicles include the vehicles of any contractor or subcontractor involved in the construction
of site improvements or buildings proposed by this application, and shall include the vehicles
of all suppliers and employees associated with the project.
8. Prior to commencing of site improvements, the Applicant shall provide Engineering
Division a photometric analysis along SW 92nd Ave for the review and approval.
Photometric analysis will follow the recommended values and requirements per
ANSI/IESNA. New streetlights are required based on the photometric analysis; the
Applicant shall submit plans showing the location of streetlights to Engineering Division for
review and approval. Type and color of pole and light fixture shall also be included on the
plan for review and approval.
9. Prior to commencing of site improvements, the Applicant shall submit site plans as part of
the PFI Permit indicating that all existing overhead utilities along the frontage on or crossing
SW 72nd Ave to be placed underground to Engineering Division for review and approval.
ENGINEERING COMMENTS PAGE 7
10. Prior to commencing site improvements, submit a final storm drainage report as part of the
PFI permit indicating on how run-off from new and disturbed area located onsite and
offisite will be collected, treated and detained to Engineering Division for review and
approval. The storm drainage report shall be prepared and include a maintenance plan in
accordance with CWS Design and Construction Standards and the City of Tigard Design
Guidelines.
11. Prior to commencing site improvements, submit site plans as part of the PFI permit
indicating how run-off from new and disturbed area located onsite and offisite will be
collected, treated and detained to Engineering Division for review and approval.
12. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater
Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be
submitted to the City of Tigard for review. The city will forward plans to CWS after
preliminary review.
13. Prior to commencing site improvements, the Applicant shall submit site plans as part of the
PFI Permit showing the location of the proposed sanitary sewer laterals and connections to
Engineering for review and approval. Plans also shall include any existing and proposed
public sanitary sewer easements. All public sanitary sewer facilities and easements shall be
designed and constructed in accordance with the City of Tigard and CWS Design and
Construction Standards.
14. Prior to commencing site improvements, the Applicant shall submit as part of the PFI
Permit site plans showing the location of proposed water improvements including but not
limited to the location of the tap, water meter, double check and fire vaults and any
associated facilities to Engineering Division for review and record.
15. Prior to commencing of site improvements, an erosion control plan shall be provided as part
of the Public Facility Improvement permit drawings. The plan shall conform to the "CWS
Erosion Prevention and Sediment Control Design and Planning Manual” (current edition)
and submitted to City of Tigard with the PFI plans.
16. Prior to commencing of site improvements, a final grading plan shall be submitted showing
the existing and proposed contours. The plan shall detail the provisions for surface
drainage, and show that they will be graded to insure that surface drainage is directed to the
street or a public storm drainage system approved by the Engineering Division.
17. Prior to commencing of site improvements, the Applicant will be required to provide written
approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement, and
emergency vehicular access and turn around.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL
BUILDING INSPECTION
18. Prior to final building inspection, the deed dedication of the 46 half-street from centerline
right of way dedication along SW 92nd Ave shall be recorded. The document shall be on
City forms.
19. Prior to final building inspection, a shared access easement for the benefit of both the
proposed development and TL 1S136DC03400 shall be recorded.
ENGINEERING COMMENTS PAGE 8
20. Prior to final building inspection, the Applicant shall complete any work in the public right-
of-way (or public easement) as well as storm water quality and detention facilities and obtain
approval from the Engineering Division.
21. Prior to final building inspection, the Applicant shall demonstrate that they have entered into
an agreement on City forms for the maintenance of the private on-site water quality and
detention facilities.
22. Prior to final building inspection, the Applicant shall submit to the Engineering Division a
Final Sight Distance Certification for the access driveway at SW 72nd Ave for review and
approval.
23. Prior to final building inspection, 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).
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING
SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN
EXCLUSIVE LIST:
18.430.080 Improvement Agreement:
Before approved construction plans are issued by the City, the Developer shall:
Execute and file an agreement with the City Engineer specifying the period within which all
required improvements and repairs shall be completed; and
Include in the agreement provisions that if such work is not completed within the period
specified, the City may complete the work and recover the full cost and expenses from the
subdivider. The agreement shall stipulate improvement fees and deposits as may be required
to be paid and may also provide for the construction of the improvements in stages and for
the extension of time under specific conditions therein stated in the contract.
18.430.090 Bond:
As required by Section 18.430.080, the Developer shall file with the agreement an assurance of
performance supported by one of the following:
An irrevocable letter of credit executed by a financial institution authorized to transact
business in the State of Oregon;
A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing
that it may be terminated; or
Cash. The Developer shall furnish to the City Engineer an itemized improvement estimate,
certified by a registered civil engineer, to assist the City Engineer in calculating the amount
of the performance assurance. The Developer shall not cause termination of nor allow
expiration of said guarantee without having first secured written authorization from the City.
18.810.120 Utilities
ENGINEERING COMMENTS PAGE 9
All utility lines including, but not limited to those required for electric, communication, lighting and
cable television services and related facilities shall be placed underground, except for surface-
mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed
above ground, temporary utility service facilities during construction, high capacity electric lines
operating at 50,000 volts or above.
18.810.130 Cash or Bond Required
All improvements installed by the Developer shall be guaranteed as to workmanship and material for
a period of one year following acceptance by the City. Such guarantee shall be secured by cash
deposit or bond in the amount of the value of the improvements as set by the City Engineer. The
cash or bond shall comply with the terms and conditions of Section 18.810.180.
18.810.150 Installation Prerequisite
No public facility improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs,
lighting or other requirements shall be undertaken except after the plans therefore have been
approved by the City, permit fee paid and permit issued.
18.810.180 Notice to City Required
Work shall not begin until the City has been notified in advance. If work is discontinued for any
reason, it shall not be resumed until the City is notified.
18.810.200 Engineer's Certification
The Developer's design engineer shall provide written certification of a form provided by the City
that all improvements, workmanship and materials are in accord with current and standard
engineering and construction practices, and are of high grade, prior to the City acceptance of the
public facilities improvements or any portion thereof for operation and maintenance.
ATTACHMENT 4
M E M O R A N D U M
Date: April 26, 2018
To: Lina Smith, Assistant Planner, City of Tigard
From: Jackie Sue Humphreys, Clean Water Services (CWS)
Subject: 72nd Avenue Apartments, ADJ2018-00001, 00002, 00007 and LLA2018-00001,
1S136DC03200, 03300
Please include the following comments when writing your conditions of approval:
PRIOR TO ANY WORK ON THE SITE
A Clean Water Services (CWS) Storm Water Connection Permit Authorization must be
obtained. Application for CWS Permit Authorization must be in accordance with the
requirements of the Design and Construction Standards, Resolution and Order No. 17-5, (or
current R&O in effect at time of Engineering plan submittal), and is to include:
a. Detailed plans prepared in accordance with Chapter 2, Section 2.04.
b. Detailed grading and erosion control plan. An Erosion Control Permit will be required.
Area of Disturbance must be clearly identified on submitted construction plans.
c. Detailed plans showing each lot within the development having direct access by gravity
to public storm and sanitary sewer.
d. Provisions for water quality in accordance with the requirements of the above named
design standards. Water Quality is required for all new development and redevelopment
areas per R&O 17-5, Section 4.05. Access shall be provided for maintenance of facility
per R&O 17-5, Section 4.02.4.
e. If use of an existing offsite or regional Water Quality Facility is proposed, it must be
clearly identified on plans, showing its location, condition, capacity to treat this site and,
any additional improvements and/or upgrades that may be needed to utilize that facility.
f. If private lot LIDA systems proposed, must comply with the current CWS Design and
Construction Standards. A private maintenance agreement, for the proposed private lot
LIDA systems, needs to be provided to the City for review and acceptance.
g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary
sewer, and water quality related easements must be granted to the City.
h. Any proposed offsite construction activities will require an update or amendment to the
current Service Provider Letter for this project.
CONCLUSION
This Land Use Review does not constitute CWS approval of storm or sanitary sewer compliance
to the NPDES permit held by CWS. CWS, prior to issuance of any connection permits, must
approve final construction plans and drainage calculations.
ATTACHMENT 5
ATTACHMENT 6
ATTACHMENT 7
City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 1 of 3
Notice of a Type II Application
Adjustments and Lot Consolidation
72nd Avenue Apartments
Case IDs: ADJ2018-00001, ADJ2018-00002, ADJ2018-00007, and LLA2018-00001
Tigard Community Development Contact Information
Date of Notice: Thursday, April 12, 2018 120 days = Tuesday, July 31, 2018
To: Interested Persons
Staff Contact: Lina Smith (503) 718-2438 LinaCS@tigard-or.gov
If you would like to comment on the land use applications described below, we need to receive your written comments
by 5 p.m. on Thursday, April 26, 2018. Please send your comments to Lina Smith, Assistant Planner in the City of
Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, or LinaCS@tigard-or.gov. Include the Case IDs:
ADJ2018-00001, ADJ2018-00002, ADJ2018-00007, and LLA2018-00001.
Information About the Application
Description of the Application:
The applicant proposes a new 5-story mixed-use building at 11720 and 11750 SW 72nd Avenue (WCTM 1S136DC, Tax
Lots 3200 and 3300) with commercial uses on the ground floor, and residential uses on the upper floors. The proposed
uses, building, and site improvements are subject to clear and objective development standards and, where met, are
outright permitted in the Triangle Mixed-Use (TMU) zone.
However, the applicant proposes to consolidate Tax Lots 3200 and 3300, and to adjust several development standards.
These actions may be permitted by the city, but are subject to land use review. The purpose of the adjustment review
is to evaluate the merits of each proposed adjustment, not the merits of the proposal as a whole. As such, comments
should be limited to the specific standards being proposed for adjustment, which are as follows:
Reduction to the minimum street setback standard from 1 foot to 0 foot.
Allowance for the roof overhang to project over the sidewalk by up to 4 feet.
Adjustment to the access spacing standards on SW 72nd Avenue to allow access to the site.
Reduction to some street dimensional standards to respond to existing street improvements.
Applicant: 72nd Avenue Property, LLC
Attn: Richard Cassinelli
4804 NW Bethany Boulevard, Suite I-2
Portland, OR 97229
Owner: Same as applicant
Proposal Address: 11720 and 11750 SW 72nd Avenue
Legal Description: WCTM 1S136DC, Tax Lots 3200 and 3300
City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 2 of 3
Zoning: TMU: Triangle Mixed-Use Zone
Applicable Standards
and Approval Criteria:
Community Development Code Chapters 18.660, 18.710, 18.790, 18.810, 18.910, and 18.920.
What You Should Know About This Type II Application
The applications described above require land use review. The goal of this notice is to invite interested parties to
participate early in the decision-making process by submitting comments in writing during the open comment period.
Type II decisions are made by the Community Development Director after consideration of relevant evidence and
public comments received during the comment period. The decision will be mailed to the applicant and to owners of
property located within 500 feet of the proposal site and anyone who submitted written comments or is otherwise
entitled to a decision notice. The approval authority may approve the application, approve the application with
conditions, or deny the application.
All evidence considered in the decision will be contained in the public record and available for public review. If you
would like to review this material at no cost, please contact Lina Smith, Assistant Planner at (503) 718-2438 or
LinaCS@tigard-or.gov. If you wish to receive copies of the materials, city staff will prepare them for you at a reasonable
cost.
Appeal Information
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. Comments directed at the relevant approval criteria
(Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and
requirements are contained within Tigard Development Code Chapter 18.710. There is a fee charged for appeals.
Attachment Included in this Notice
Zoning Map
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.
City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 3 of 3
City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 1 of 2
Notice of a Type II Decision
Adjustments and Lot Consolidation
72nd Avenue Apartments
Case IDs: ADJ2018-00001, ADJ2018-00002, ADJ2018-00007, and LLA2018-00001
The Decision
Notice is hereby given that the City of Tigard Community Development Director’s designee has APPROVED
the requested land use action, subject to certain conditions of approval. The findings and conclusions on which
the decision is based are noted in the Final Decision, and the proposal is described below.
Tigard Community Development Contact Information
Date of Notice: Wednesday, May 09, 2018 120 days = Tuesday, July 31, 2018
Staff Contact: Lina Smith (503) 718-2438 LinaCS@tigard-or.gov
Appeal Information
All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal
the decision. Appeal forms are available on the city’s website, or in person at the City of Tigard Permits Center.
If you would like to appeal this land use decision, we need to receive your completed appeal form by 5
p.m. on Wednesday, May 23, 2018. Please include the Case IDs: ADJ2018-00001, ADJ2018-00002,
ADJ2018-00007, and LLA2018-00001. Please hand-deliver your completed appeal form (which will be date-
stamped) and pay the associated appeal fee at the City of Tigard Permits Center, 13125 SW Hall Blvd., Tigard,
OR 97223. If you have any questions regarding this decision, please address them to the appropriate staff person
noted on this form: Lina Smith.
This decision is final on Wednesday, May 09, 2018, unless an appeal is filed. The decision will go into
effect on Thursday, May 24, 2018, unless an appeal is filed. A copy of the Final Decision is available upon
request from the staff contact person noted above.
Information About the Decision
Description of the Proposal:
The applicant proposes a new five-story mixed-use building at 11720 and 11750 SW 72nd Avenue (WCTM
1S136DC, Tax Lots 3200 and 3300) with commercial uses on the ground floor, and residential uses on the upper
floors. The proposed uses, building, and site improvements are subject to clear and objective development
standards and, where met, are outright permitted in the Triangle Mixed-Use (TMU) zone. However, the applicant
proposes to consolidate Tax Lots 3200 and 3300, and to adjust several development standards, which are outlined
below. These actions are subject to land use review.
Reduction to the minimum street setback standard from one foot to zero feet.
Allowance for the roof overhang to project over the sidewalk by four feet, six inches.
Adjustment to the access spacing standards on SW 72nd Avenue to allow access to the site.
Reduction to some street dimensional standards to respond to existing street improvements.
City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 2 of 2
Applicant: 72nd Avenue Property, LLC
Attn: Richard Cassinelli
4804 NW Bethany Boulevard,
Suite I-2
Portland, OR 97229
Owner: Same as applicant
Proposal Address: 11720 and 11750 SW 72nd Avenue
Legal Description: WCTM 1S136DC, Tax Lots 3200 and 3300
Zoning: TMU: Triangle Mixed-Use Zone
Applicable
Standards and
Approval Criteria:
Community Development Code Chapters 18.660, 18.710, 18.790, 18.810, 18.910, and
18.920.
Appeal Procedure Details
The decision of the City of Tigard Community Development Director is final for purposes of appeal on the date
that it is mailed. Any party with standing as provided in Section 18.710.090.A may appeal this decision in
accordance with Section 18.710.090 of the City of Tigard Community Development Code, which provides that
a written appeal together with the required fee shall be filed with the Director within 15 days of the date the
Notice Of The Decision was mailed. The appeal fee schedule and forms are available at the City of Tigard Permits
Center, 13125 SW Hall Blvd., Tigard, OR 97223.
All appeal hearings shall be de novo, which allows for the presentation of new evidence, testimony, and argument
by any party. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted
by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from
time to time by the appellate body.
The deadline for filing an appeal is 5 p.m. on Wednesday, May 23, 2018.