MMD2018-00049 MMD2O18 - 00049
HALL POINTE
TOWNHOMES
NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2018-00049
HALL POINTE TOWNHOMES T I GARD
120 DAYS = February 4, 2019
SECTION I. APPLICATION SUMMARY
FILE NAME: Hall Pointe Townhomes
CASE NO.: Minor Modification(MMD) MMD2018-00049
PROPOSAL: The applicant proposes modifying the approved site plan for Hall Pointe
Townhomes (SDR2015-00005) due to the four on-site LIDA facility design
revisions, which required separation from the proposed buildings and larger
footprints. The modifications include reduced path width for access to required
open space,increased on-site sidewalk for access to meters on the north and south
sides of Building A, relocation of two benches beside LIDA box #3, and reduced
size of the community BBQ area. In addition,modifications include relocation of a
third bench due to unanticipated grade changes, and relocation of the mailbox
required by USPS access and driveway clearance.
APPLICANT/ Dr. Gene Davis
OWNER: 10875 SW 89th Ave
Tigard, OR 97223
LOCATION: Northwest corner of SW Spruce Street and Hall Blvd;WCTM 1S135AD,
Tax Lot 03500
ZONING
DESIGNATION: MUR-2: mixed-use residential 2 zone. The MUR-1 and MUR-2 zones are
designed to apply to predominantly residential areas where mixed-uses are
permitted when compatible with the residential use.A high-density (MUR-1) and
moderate-density (MUR-2) designation is available within the MUR zone. In
addition to the standards of this chapter, development within these zones are
subject to the standards of Chapter 18.670, Washington Square Regional Center
Plan District.
APPLICABLE
REVIEW
CRITERIA: Community Development Code (CDC) Chapter 18.780.050.0
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
Section N.
MMD2018-00049 Hall Pointe Townhomes 1
THIS APPROVAL IS VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
In June of 2016, the subject property received Site Development Review approval (SDR2015-00005) for
the development of two parcels totaling 0.63 acres, including a 14-unit multi-family townhome project
comprised of three buildings and associated site improvements. In addition, the City approved an
adjustment to reduce the residential density from 15 to 14 units (ADJ2016-00009), an exception to
setback standards to reduce the side yard setback from 20 feet to 16 feet (ADJ2016-00010),and a lot line
adjustment to consolidate the two existing parcels (LLA2016-00004).
On Jun 19,2018,the applicant submitted a modification memorandum to the file to remove the proposed
carports from the approved site plan.Since no development standards apply to this modification,a minor
modification application was not required.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.780 Site Development Review:
18.780.050 Minor Modifications
C. Approval criteria. The approval authority shall approve or approve with conditions an
application for a minor modification when all of the following are met:
1. The proposed development is in compliance with all applicable requirements of this
tide; and
The proposed modifications involve potential impacts to proposed shared outdoor recreation areas required
for multi-family use.
F. Shared outdoor recreation areas—Multifamily use.
1. In addition to the requirements of subsection E of this section, usable outdoor recreation
space shall be provided in residential developments for the shared or common use of all
the residents in the following amounts:
a. Studio up to and including two-bedroom units,200 square feet per unit; and
b. Three or more bedroom units,300 square feet per unit.
2. The required recreation space may be provided as follows:
a. It may be all outdoor space; or
b. It may be part outdoor space and part indoor space; for example, an outdoor tennis
court, and indoor recreation room; or
c. It may be all public or common; or
d. It may be part common space and part private; for example, it could be an outdoor
tennis court, indoor recreation room and balconies on each unit; and
e. Where balconies are added to units, the balconies shall not be less than 48 square feet.
3. Shared outdoor recreation space shall be readily observable to promote crime prevention
and safety.
The findings for this standard in SDR2015-00005 determined that the proposed 14-unit development
required a shared outdoor recreation area of 2,800 square feet (14 units x 200 square feet/unit). The
applicant was conditioned to submit a revised dimensioned site plan and open space plan that
demonstrate how the minimum 2,800 sf shared open space requirement is met. A plan was submitted
that met the condition.The applicant's minor modification narrative states that 2,966 square feet of usable
outdoor recreation space remains available after the modifications to the LIDA facilities. As shown in
MMD2018-00049 Hall Pointe l ownhomes 2
the Landscape and Open Space Plan (Sheet S-0.2) submitted with the minor modification application,
the usable outdoor recreation space remains in compliance with the standard. Therefore, this standard is
met.
Upon review of the applicant's plans and narrative,staff finds this proposal is in compliance with all other
applicable requirements of this tide. This criterion is met.
2. The modification is not a major modification.
The applicant is not proposing any of the changes outlined in CDC 18.780.040.B. Therefore, this
proposal is not a major modification. This criterion is met.
CONCLUSION: The proposal is a minor modification to an existing development and is in
compliance with the applicable requirements of this Title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was provided to:
X The applicant and owner
Final Decision:
A minor modification is a Type I procedure. As such, this decision is final for purposes of appeal on the
date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not
appealable locally,and is the final decision of the City.
THIS DECISION IS FINAL ON OCTOBER 16, 2018,
AND BECOMES EFFECTIVE ON OCTOBER 17, 2018.
Questions:
If you have any questions, please contact Gary Pagenstecher at (503) 718-2434 or Garyp@tigard-or.gov.
& LJA.
October 16. 2018
APPROVED BY: Gary Pagenstecher, Project Planner
Community Development Director's Designee
MMD2018-00049 Hall Pointe Townhomes 3
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QOVERALL SITE 27,633 SG FT �,,./ sr� r.•B�,••.�•• ��3
LANDSCAPING AREA REQUIRED:27683 x 15%=4,152.45 SF '4:r' ►�•,��• yy',t 4•y•
LANDSCAPING AREA PROVIDED:4,750 SQ FT + •Yr'.; ARCHITECTURE
EeO►!N fPACE AREA:2,966 SQ FT \ fit' •:+i IN COLLABORATION WITH
Kf/PORCH: \ ® +', .,,• y• 1 ,FIRST FLOOR-784 SO FT / \' '•4r.•• - •, j SECOND FLOOR-490 SO FT \ __.—..____.. •�'r,r' I3 • / • `TOTAL:127430 R ' , - In •
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S.W. SPRUCE STREET sale As indicated
City of Tigard
114
11,1 COMMUNITY DEVELOPMENT DEPARTMENT
TIGARD
Minor ModificationType I
PROPOSAL SUMMARY (Brief description)
This proposal is to amend the changes for Hall Pointe Townhomes due to shape changes for the stormwater REQUIRED SUBMITTAL
ELEMENTS
facilities(LIDA boxes)which reduced the width of the walking path,increased the amount of sidewalk
CI Owner's Signature/Written
needed for access to meters on the north and south sides of building A,relocation of two benches Authorization
beside box 3,and reduced the size of the community BBQ area.Another bench was relocated due to )11 Title Transfer Instrument or Deed
the fall of the site.Finally,a relocation of the mailbox was required as per USPS access and driveway clearance. ] Site Plan(2 large plans drawn to scale
and one reduced to 8.5"x 11'/2")
la Applicant's
Pro
Property address/location(s): Hall Pointe Townhomes-SW Spruce Street pp ' Statement/Narrative
p (2 copies) Address criteria in:
TDC l 8.781 i.i i-}1 I.ij •
Tax map and tax lot #(s): 1S135ADo3500 Filing Fee
SiteFOR STAFF USE ONLY
size:0.64 acres
Case No.: 016.2-Pig- rcAt9
Applicant*: Dr.Gene Davis ()
Related CaseNo. s : 5.1)/e20/5--05-
Address: 10875 SW 89th Ave Application Fee: 2. •
City/state: Tigard,OR zip: 97223
p Application accepted: r
Phone:503-887-9966 F mail:fmf.india@yahoo.com B .61W f"� Date: /0. [y�/S
Application determined complete:
PROPERTY OWNER/DEED HOLDER(S)* ®Same as Applicant
By: 13 Date:
Name: ..�-
I:\CommunttyDevelopme nt\La n d UseApplications\02_Formsa nd
Templates\Land Use Applications Rev.12/14/2017
Address:
City/state: Zip: * When the owner and the applicant are
different people,the applicant must be the
Contact name:
purchaser of record or a lessee inpossession
Phone number: with written authorization from the owner
or an agent of the owner.The owner(s)
must sign this application in the space
provided on the back of this form or
submit a written authorization with this
application.
APPLICANT'S STATEMENT
The applicant's statement must include a summary of the proposed changes.Criteria in either 18.78O.040(B) or 18.740.020(B)
(2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the
application would be reason to consider an application incomplete and delay review of the proposal.
In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of
the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as clear vision,solid waste storage,non-conforming situations,signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
The primary reason any changes were needed on the site plan of Hall Pointe Townhomes is
due to the location of the LIDA planter boxes. In order to meet the LIDA requirements, we
needed to adjust the location and shape of the boxes, while locating the electrical and gas
meters on each building for access. This increased some concrete on the north and south
sides of building A, reduced the accessibility to the path coming between buildings B and C,
and reduced the size of the community BBQ area between buildings B and C, which has been
changed to include just an outdoor picnic table.
Moving the LIDA box on the south side of building C away from the building 2 feet meant that
the benches previously located here would not be able to be on Hall Pointe Townhomes
property, so we moved the benches to either side of the planter box.
Additionally, one bench was required to be relocated from the area on the side of the property
with the mailbox to the end of the sidewalk on building A. This move was required because the
fall of the land was too significant to place a bench. The location at the end of building A was
chosen so that the added sidewalk will now be useful to the residents.
The final change that is proposed is the relocation of the mailbox as per request of the US
Postal Department who did not want the driveway to be blocked when the postal worker
delivered the mail.
All of the changes due to the LIDA box relocation/reshaping were to ensure the layout of the
site still maintained usability. Additionally, our open space requirement is 2,800, and we have
maintained 2,966 sf. Our landscaping requirement was 4,152.45 sf, and we have 4,750 sf of
landscaping. This is depicted on the plans as attached to this application for a minor
modification.
APPLICANTS
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS
as described on the front of this application in the"Required Submittal Elements"box.
THE APPLICANT(S)SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property required.
Applicant's sign e Print name Date
zz>erL_L____II___
Owner's signature Print name Date
Owner's signature Print name Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: Name:
Address: Address:
City/state: Zip: City/state: Zip:
Signature: Signature:
MINOR MODIFICATION APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2
wit County,Oregon 2003-200637
1210212003 02:41:42 PIIS
STATUTORY WARRANTY DEED STATE OF OR] D.Mir Cd*t Inlet C
*$J,SAO WAS AS-Total MN
Howard and Kathy Rayburn County of
17645 S.W.Jargons Ave_ i certify that the
Tualatin,OR 97062
1111111
Grantor's Name and AddressM and n To — and 004 767120030200037001001
Rick A.Rayboro — tAny Hanson,Director of Assessment and Tandem •. .
8735 S.W.Spruce Street and Ex-C e,o County Clark for Washington County, 4t'-
Ti OR 97223 Ctsgan,do hereby certify that the within instrument
Tigard, : vatting visa rscelsod end reversed in idle book of ..t �-'t J ,
Name and Address Witness my Io musky.meanie of odd • o'er"^ '`
•
After recording,return to(Name.Address,Zip): Jany R Hanson Director sosssaient and Taxation. ►_� �„�
Ex.Officlo County dark
Rick A.Rayborn
8735 S.W.Spence Street By ,Deputy.
Tigard,OR 97223
Vats Requested othan+rtsc send all tax statements to
(Name,Address,Trp):
Rick A.Raybotn
8735 S.W.Spruce Street
Tivard,OR 97223
sT'A'itTa%t Ver arts
Howard and Kathy Rayborn,Grantors,convey and warrant to Rick A. Rayborn,Grantee,the following described
certain real property free of encumbrances,except as specifically set forth herein,situated in Washington County,State of
Oregon,described as follows,to-wit:
PARCEL 3,PAR I tTION PLAT 1990-053,IN THE CITY OF TIGARD,COUNTY OF WASHINGTON,STATE
OF OREGON.
The property is free from encumbrances,except(if none,so state):None
The true consideration for this conveyance is$114,000.00. (Here,comply with the requirements of ORS 93.030.)
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE 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 ,Z13:7
DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY
I.IMrTS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS /
DEFINED IN ORS 30.930_
STATE OF OREGON,County of(A.454' G )ss, I,�,
This instrument was acknow gel ore me on Alai 4,1 rt.. 7 e� ,2003 by
Ho i/pCd 4 C' _t 4.,n Cl rc �{�", ,
L 2 � ,
This instrumeent'vvas acknowledged befa�e me ons` ,200_,by
as
of
_ A
4,• SA4-6A9
Notary Public 116r
My commission expires "A"/. /3*.1‘ flg
WANE A.NNW
1; `.r\� '= NOTARY1 PUBLIC-OREGON
6, COMMISSION NO.362224
,„' .--" kW OMISSION DARES MOM3X6
'
FORM No. !1St—ASSIGNMENT OF REAL ESTATE CONTRACT by Vendee-Buyer. STEVENS-NESS LAW .ue CO..PORTLANO OR.97204
OS
ASSIGNMENT OF CONTRACT
KNOW ALL MEN BY THESE PRESENTS, That the undersigned, for the consideration hereinafter stated,
Gene L. Davis
has sold and assigned and hereby does grant, bargain, sell, assign and set over unto ...
his heirs, successors and
assigns, all of the vendee's right, title and interest in and to that certain contract for the sale of real estate dated
August 13 , 19 89, between Donald D. Ransthel
as seller and Vivian M. Davis of which Vendee' s interest in above contract
sale was assigned by document recorded "8-/14/S5; Fee #.85-031498 to Church o
n R �¢ its named changed on 10/11/88 to IMMJuwa
o�HURCH.as br 4&r, wii ci8lgact is recorded in the Deed* Miscellaneous* Records County, Oregon,
in book/reel/volume No. at page thereof, or as fee/file/instrument/microfilm/recep-
tion No. 85031497 (indicate which), (reference to said recorded contract hereby being expressly made),
together with all of the right, title and interest of the undersigned in and to the real estate described therein; the under-
signed hereby expressly covenants with and warrants to the assignee above named that the undersigned is the owner
of the vendee's interest in the real estate described in said contract of sale and that the unpaid balance of the purchase
price thereof is not more than p35,000.00 with interest paid thereon to May , j9 89 ;
further, upon compliance by said assignee with the terms of said contract, the undersigned directs that conveyance
of said real estate be made and delivered to the order of said assignee.
The true and actual consideration paid for this transfer, stated in terms of dollars, is $ 47,000 . 00
°However, the actual consideration consists of or includes other property or valuegiven orpromised which is part hf the
P P Y the whole
consideration (indicate which).@
In construing this assignment, it is understood that if the context so requires, the singular shall be taken to
mean and include the plural, the masculine shall include the feminine and the neuter and that generally all gram-
matical changes shall be made, assumed and implied to make the provisions hereof apply equally to one or more
individuals and/or corporations.
IN WITNESS WHEREOF, the undersigned assignor has hereunto set his hand; if the undersigned is a
corporation, it has caused its corporate name to be signed and its corporate seal to be affixed hereunto by its offi-
cers duly authorized thereunto by order of its board of directors.
DATED: May 19 89 IMMANUEL BAPTIST CHURCH
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE-
SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND By:
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.
STATE OF OREGON, ) STATE OF OR&CAN, Cotmtt> 7,t )ss.
)ss. 19
County of )
, 19 Personally appeared and
who, being duly sworn,
Personally appeared the above named
each for himself and not one for the other, did say that the former is the
president and that the latter is the
secretary of
, a corporation,
and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal
of said corporation and that said instrument was signed and sealed in Be-
ment to be voluntary act and deed. half of said corporation by authority of its board of directors; and each of
Before me: them acknowledged said instrument to be its voluntary act and deed.
(OFFICIAL Before me:
SEAL) (OFFICIAL
Notary Public for Oregon Notary Public for Oregon SEAL)
My commission expires: My commission expires: (tf executed by a corporation,
affix corporate sear
'Strike whichever word not applicable. NOTE—The sentence between the symbols Qi, if not applicable, should be deleted. See ORS 93.030. If the contract is not already of
record,it should be recorded, preferably in the Deed Records.
•
STATE OF OREGON,
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