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Seattle, WA. • • J . Allan Paterson MLP 16-80 - 13430 SW 107th Ave. 2S1 3DA 5600 r' MINOR LAND PPAR) ) ) ION MLP /e' SC' SEE ALSO LEFT SIDE RIGHT SIDE Assessor's Map _ v Maps/Preliminary Plat Notification legal Description/Dred ✓_Surrounding Property Notice _ Letter of Authorization v Affidavit of Mailing Copies of Correspondence with Applicant Agency/NPO Notice Public Input Affidavit of Publication Agency/NPO Comments _ (Affidavit of Mailing) Articles/Notices from IT Y Final Action-Date(s)_ArWgj Staff Report(s)/Director Decision I Application/Narrative _�_ Appeal ✓ PC Action Date 'CC Action Date__-J._d-P_.___ . Correspondence after approval Final Action Notice ___..._ Deed Document std.. SUMMARY Approved _ _ DPnied _ _ No. of Lots Special ietba( ks Recording Date Hook/Page No KI /bjs(061hP) 1 (c) Discussion open to the public for their input ; the follow- spoke : • Betty Golden, 15850 SW Oak Meadow Lane, Tigard , Oregon Eleanor Quimby (NPO #3) 11489 SW Former Dr . , Tigard , Oregon John Butler, NPO #1) , 9760 SW O'Mara, Tigard, Oregon Kevin Hennway, Home Builders Association Don Miner , Mfg Housing dealers John Smets , (NPO #5) , 6830 SW Bonita Road , Tigard ; Oregon Charles E. Bowerman, 15505 SW Summerfield Lane , Tigard , Ore . Clifford Speaker, Planning Commission member , 9590 SS+ Brentwood Place, Tigard, Oregon. (d) Council thanked LCDC/MSD representives for their time. 4. LERON HEIGHTS SEWER CONTRACT DISCUSSION (a) Mayor Bishop presented ,: request from the Summer Hills Park Homeowners Association asking for. a Public Hearing for con- sideration of the Leron Heights interceptor Service Charge . (b) Nancy Robbins , representing the Summer Hills Park Home- owners Association, stated their concerns regarding the City ' s responsibility in collecting the interceptor service charge . (c) Mr. J . Allan Paterson, 11605 SW Manzanita , answered questions and stated they arc agreeable to collecting the funds if the City doe's not want to continue collection. He stated that there are three ways to break the contract ; City buy out at 34%; USA to by-pass the line and pick up the easemeny ;% keep going until the contract has run its course . (d) After much discussion by Council , a friendly court case was recommended with City collecting and holding the funds until after case is settled. (e) Motion made by Councilwoman Stimler to have Legal. Counsel proceed with a legal interpretation of- the contract , Council- man Scheckla seconded the motion. Motion passed with 3-2 vote . Councilmen Cook and Brian voting nny. S. MLP DISCUSSION J .A. PATERSON APPEAL REQUEST ,s\\ 14) -S1(.. (a) Plannng Dire^tor explained that due to Council ' s policy requiring half-street improvements be made for Minor Land Partitions it was creating a hardship on the small projects . (b) J . Allan Paterson , 11605 SW Manzanita , said the property has been sold to a single owner so the problem no longer exists for this piece of land but that he went ahead with the appeal for future instances that will arise , especially in older neighborhoods . PACE 2 "- STUDY SESSION COUNCIL MINUTES - JANUARY 19 , 1981 (c) Councilman Brian asked that the Public Works Department and the Planning Department re-write the minor land ordinance with more flexibility and yet some strong guide lines to go by. 6 . KITTLESON BROWN ZCPD 13 -80/CLYDE JACOBSEN ZCPD 25-79 (a) Leave tabled. 7 . ORDINANCE WASHINGTON COUNTY FIRE DISTRICT #1 (a) Tabled until January 26 , 1931 . 8 . HAMPTON STREET LII) (a) Keith Thompson . Cooper & Asso,: iates , Inc. , 11675 SW 66th Ave . Portland , Oregon 97223 , consuLtant for SW Hampton Street LID, presented the Engineer ' s preliminary report . Mr . Thompson explained the difference between plan A and plan B . Plan A is the least expensive ; Plan B, with islands has been discussed w th the property ot:!ners and is the one perferred by City Staff . Assessment roll has been prepared for Plan B with the City ' s share being $53 ,460. (b) This item will be brought bad to council in a form of a resolution on the January 26t'-1 meeting . 9 . COMPREHENSIVE STREET PIAN (a) Public Works Director distributed a rough draft of Compre- hensive Street Development and Maintenance Program. The report evaluates the present conditions in existance which a maintenance program can be initiated. Also outlined is the schedule of streets to be repaired in the future ( in a priority list) including where the funds will come from to pay for the projects . Council was asked to study the comprehensive program at this time . 10 . 72ND AVENUE STREET LID (a) Councilman C^ok asked for more information on non-remonstrance agreements and the procedures that will take place with this LID. Public Works Director explained. (b) Public Works Director stated that a meeting has been set. for February 3rd , Phil Lewis School , for the property owners on 72nd to come for questions and answers regard- ing this LID. (c ) Tony Maksym, 13565 SW 72nd , 'Tigard, Oregon , requested that non-remonstrance agreements be accepted for two weeks after the Public Hearing . PA':E 3 - STUDY SESSION COUNCIL MINUTES - January 19 , 1981 CITY OF TIGARD WASHINGTON COUNTY, OREGON January 12, 1981 Ms. Kay W. Livingston 10970 SW North Dakota Tigard, Oregon 97223 REFERENCE: APPEAL OF MINOR LAND PARTITION, M1.P 16-80 (J. Allan Paterson) LOCATION: 13430 SW 107th Avenue NPO $ 3 Dear Ms. Livingston: Please be advised that the Tigard Planni.nq Commission at their regular meeting of January 6, 1981 recormsnded this appeal be referred directly to the City Council, with the content from the Planning Commission that while the issue has been spoken to by Council, there needs to be more flexibility permitted in the application of the policy in cases such as this. This appeal will go before the City Council at their Study Session of January 19, 1981 at Fowler Junior High School, Lecture Room, 10865 SW Walnut Str et, 7:30 p.m. If we can be of any further assistance, please do not hesitate to call us at this office at b39-4171. si 7 Aldie t1 P1 q Ditn(2Lox AH vmc 12420 S.W MAIN P O BOX 23397 TIGARD, OREGON 97223 PH 639 4171 -- 11 AGENDA TIGARI) PLANNING CO'LMISSION JANUARY 6, 1981 - 7: 30pm FOWLER JUNIOR HIGH - LECTURE ROOM 10865 SW Walnut Street, Tigard 1. Open Meeting 2. Roll Call 3. Approval Of Minutes From Previous Meeting 4. Planning Commission Communication 5. Public Hearing: A. Staff Report B. Applicant's Presentation C. Public Testimony: 1. Proponent's 2. Opponent's 3. Cross-Examination D. Staff Recommendations E. Commission Discussion and Action 5. 1 ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 30-80 and SENSITIVE LANDS PERMIT, M 9-80 (GENTLE 'W‘_x)DS WASH. CO. 1U-4 TO CITY OF TIGARD R-7PD) N^Y) 5.2 CONDITIONAL USE, CU 2-80) (KATHER/HOF MAN ENGINEERING OFFICE IN A-12 ZONE) NPO $1 5.3 CONDITIONAL USE, CU 23-80 (;4M. WALKIEWICZ DlY CARE CENTER IN R-7 ZONE) NPU $7 5.4 APPEAL OF MINOR LAND PARTITION, MLP 16-80 (J. ALLAN PATERSON) NPO $3 5.5 COMPREHENSIVE PIAN REVISION, CPR 1-80 (CITY OF TI CARD 270/BO MULTI-UNIT HOME FOR THE AGED) NPO 41 5.6 CONDITIONAL USE, CU 23-80 (KNEELAND 1 AND II ATTACHED SINGLE FAMILY) NPO 46 5. 7 ZONE ORDINANCE AMENDMENT, ZOA 9-80 (CITY OF TIGAFD SITE DESIGN REVIEW) 6. Old Business 7. New Business: Frank Currie, Public Works Director, discussion about floodplain. 8. Other Business 9. Adjournment PUBLIC NOTICE TIGARD PLANNING COMMISSION JANUARY 6, 1981 - 7: 30 pm FOWLER JUNIOR HIGH - LECTURE. ROOM 10865 SW Walnut Street, Tigard 5. PUBLIC HEARINGS 5.1 ZONE CHANGE PLANNED DEVELOPMENT, ZCPD 30-80 and SENSITIVE LANDS PL'RMIT, M 9-80 (GENTLE WOODS WASH. CO. RU-4 TO TIGARD R-7PD) NPO #5 A request b; Gotter - Jaehrling Partnership for a Zone Map Amendment from Washington County RU-4 to City of Tigard R-7PD "Single Family Residential Planned Development" Zone . A Sensitive Lands Permit application to construct a sewer line through the floodplain. Located at 15180 SW 79th (Wash. Co. Tax Map 2S1 12C, Tax Lots 1200 and 1300) . 5.2 CONDITIONAL USE, CU 2-80 (KATHER/HOFFMAN ENGINEERING OFFICE IN A-12 ZONE) NPO 41 A request by John M. Kather for a Conditional Use to use an existing residence in an A-12 "Multifamily Residential" Zone for an engineering office located at 8725 SW Commercial (Wash. Co. Tax Map 2S1 2AD, Tax Lot 800) . 5. 3 CONDITIONAL USE, CU 23-80 (WM. WALKIEWICZ DAY CARE CENTER IN R-7 ZONE) NPO 17 A request by William Walkiewi.cz fora Conditional Use in an R-7 Zone "Single Family Residential" for a day care center located at 12100 SW 127th (Wash. Co. Tax Map 2S1 4AA, Tax Lot 4200 5.4 APPEAL OF MINOR LAND PARTITION, MLP 16-80 (J. ALLAN PATERSON) NPO #3 J. Allan Paterson is requesting waiver of half street improvements at this time until such a time. a Local Improvement District (LID) may be formed by the residents located at 13430 SW 107th Avenue (Wash. Co. Tax Map 2S1 3DA, Tax Lot 5600) . 5.5 COMPREHENSIVE PLAN REVISION, CPR 1-80 (CITY OF TIGARD A70/80 MULTI-UNIT HOME FOR THE AGED) NPO 41 A request for. the Planning Commission and the City Council to review a Comprehensive Plan change which would create a specific zone, A70/8OPD Multi-Unit Home For The Aged. Property included would be the property abutting west side of Hall Boulevard, south of Burnham Street (Wash. Co. Tax Mair 2S1 2DA, Tax Lots 702 and 400) . 5.6 CCNDITIONAL USE, CU 23-80 (KNEELIWD I AND II ATTACHED SINGLE FAMILY) NPO 46 A request by Larry Grayson for a Conditional Use to construct duplex and triplex dwellings in an R-7 "Single Family Residential Zone located at SW 92nd and SW Durham Road ( Wash. Co. Tax Map 251 14A, Tax Lots 400, 500, and 700) . a PUBLIC NOTICE TIGARD PLANNIN:," COMMISSION JANUA?Y 6, 1980 Page 2 5.7 ZONE ORDINANCE AMENDMENT, ZOA 9-80 (CITY OF TIGARD SITE DESIGN REVIEW) A request by the City of Tigard for a Zone Ordinance Text Amendment for Chapter 18.59 Design Review revision. TO BE PUBLISHED TIGARD TIMES DECEMBER 24 and DECEMBER 31, 198C 0 MINUTES TIGARD PLANNING CO'CiISSIO!T January 6, 1981 Page 4 space; . •d that their objective is to provide service their own children . nd those of the neighborhood at the lowest • •st. There . .flowed a rather general discussion b- een Walkiewicz an.i some of e protesters. Helmer inquired whe • er anyone would live in the he se. The answer is no, partly b ause of complica- tions with sta • agencies. Walkiewicz state• here would be about a year' s lead t Ne before the center could • in operation. COMMISSION D •CUSSICN AND ACTION: 1mer opined the request is not compatible e neTgnborhoo• . Funk had numerous concerns, many of which had be n expressed. H= ron s'zared the concerns of the other commissioners a •d questioned .ie adequacy of play space and the noise which would • e generat- • . Speaker raised the question of where, in the light of 6 doubte• y increasing need for day care centers, they could be s ,ted Tigard without this neighborhood opposition. It was felt - - dential areas were generally unsuitable . A suggestion from the and ce was to use church facilities because of room, facilities and .ar' ng available. Funk ;;QVT?D deni of Con tional Use CU 23-DO based on data revealed in the pub ' r hearing. Kolleas seconded the motion, which carried unanimous • . 5.4 APPEAL OF MINOR LAND PARTITION, MP' 16-80 (J. Ai?.:t: PATERSON) NPO #3 J. Allan Paterson is requesting waiver of half street improvements at this time until such a time a Local Im- provement District (LID) may be formed by the residents located at 13430 S';1 107th Avenue (Wash. Co. Tax Map 2S1 3DA, Tax Lot 5600). Howard read the STAFF REPORT, consisting chiefly of Staff Comments on Appeal (of the m nor land partition) . He illustrated at the blackboard the site, what is desired by way of the minor land partition, the ownership and present status of 107th, and the result on the ground of a full application of city policy in the way of half street improvements in this instance. He pointed out in this case, since no funds would be generated from development accomlanying the NLP, there are really no funds coming in with which to finance the half street improvements by the owner. Howard explained the compromise worked out calling for half street improvements only on SW Cook Lane, with nonremonstrance agreements to be secured on the whole parcel. v'YL.I�x� /moo-f? MI V7S TIGARD PLANNING CO,+MISSION January 6, 1981 Page 3 Howard read the STAFF REPORT and RECOM 'NPTIONG. 11iam Walkiewicz, 9295 SW Downing Drive, Beaverton, made the AP ICANT'S PRESENTATION. He explained the desire is to estab- lish a s all neighborhood-based day care center in the large home presentl \owned by his mother-in-law. PUBLIC\TESTIMONY, all in opposition, was presented by the follow g: *** John Lawson, 12685 SW Karen St. (directly across the street from the proposed center) , who objected on the grounds that he bought into the neighborhood as a quiet, single family area, and did not want it changed. *** Fred Buller, 12285 SW 127th, also across the street, who opposed the request' for the same reason as Mr. Lawson, and on the basis of the consideXable addit onel traffic which would be generated. *** Harold Morley, 12'320 SW 127th, who agreed with the other oh- jectors, and asserted the five foot fence proposed woul,' result in a vision hazard on the corner. Walkiewicz explained the location of the proposed fence, which as planned would not impose a hazard. There was a discussion amort( some of the neighbors about traffic which would be generated. *** Donna Schultz, 12400 SW 127th, who objected to the noise which would be generated by the, cert . S:ie reiterated the single family nature of the neighborhood and denied there was the parking indicated by the applicant. *** Dennis Bonnono, 12320 SW 127t next door, whose wife is a nurse working all shits (the impli tion being the noise would prevent her sleeping In the day time and who owns a large dog which might annoy the nei borhood by barki if noisy children were next door. *** Tom Lambert, 2395 SW 127th, who o ected for the reasons already expressed He stated he had two ,children in another day care center, and ould not change. CROS:'-EXAM' NATION AND REBUTTAL: Walki wicz explained the efforts ma they de to a quaint th neighbors with the r desire and intentions. The response ceived was not negative, as a this hearing. He explained the diffusion of traffic via severe approaches; that the maximum alio ed by the Children Services Divis on would be 17; that the noise would be comparable to that gene'ated by a large family of children; that there would indeed be Erquate parking MINUTES TIGARD PLANNING CC?CMISSION January 6, 1981 Page 5 Howard explained the applicant is appealing the condition in the MIP at the suggestion of the City Counsel, because the improve- , ments mandated by city policy are so costly no development will take place at this time. The idea is to have the commission take public testimony and then deny the appeal so it can be taken to the city council for resolution, since the issue revolves around the application of a policy established by the council. Only the council is in a position to mitigate the effects of the policy in instances such as this where following policy would impose a severe hardship. There ensued discussion among commissioners and staff about how best to get this directly to the city council for resolution, without appeal fee to the applicant. Funk felt the broader issue of half street improvements should be settled by the council, and Helmer attempted to move to that effect. The president called attention to the fact that this was a public hearing, and called for the APPLICANT'S PRESENTATION, made by Allan Paterson, 12700 SW Pacific Highway, the real estate agent in this case. Paterson stated he preferred the case go directly to council, but felt also the council wished some input from the planning com- mission. He stated also that this area, only one block from Pacific Highway is zoned R-10, but will not long remain at this density. Kay Livingston, 10790 SW N. Dakota, owner of the property, and Dave Nicola, resident and propspective purchaser of the prop- erty at 13430 SW 107th, brought up the futility in this developing area of installing isolated sections of improvements which would have to be worked over when fuller development takes place. COMMISSION DISCUSSION AND ACTION: Howard discussed at some length the prnh`I7m o atree rimprovements in Tigard. He felt the issue is beyond requiring half street improvement on minor land partitions, -nd requires a more definitive look and ultimately a decision by the city council. He recognized the problem is a hard one requiring an unpopular political decision on their part. There was general discussion cru the need for a more flexible policy with regard to half street improvements, with the recogni- tion each case is different. It was felt this case should go to the council without an appeal fee or transcript because of the broad polity issue involved. Speaker MOVED the appeal of Minor Land Partition MLP 16-80 be referred by the commission directly to the city council, with the comment from the commission that while the issue has been spoken to by council, there needs to be more flexibility permitted in the k MINUTFS TIGAPD PLANNING COMMISSION January 6, 1981 Page 6 application of the policy in cases such as this. The motion was seconded by Funk and carried unanimously. The president at 9:15 declared a five-minute recess. 5. COIIPR=NSIVE PLAN REVISION, CPR 1-80 (CITY 0" IGARD A70/80 MULTI-UNIT HOI''B FOR THE AGED) NPO #1 A request for the Planning Commissio. =nd the City Coun- ci' to review a Comprehensive Pla . ange which would cre. te a specific zone, A70/80P ulti-Unit Home For The Aged Property included woul. .e the property abutting west de of Hall Boulevard south of Burnham Street (Wash. o. Tax nap 231 2D• Tax Lots 702 and 400). Howard r• ad the STAFF '..PORT and RECC=NDATIONS. Since the city through t 'e planning . rec or was-TE7e was-Tapplicant, the APPLI- CANT'S PRESENTA' ION was e staff repo-t. Howard briefly summar- z�edthe reason- or t . s proposal, which had been discussed previously. The .rop. ed plan for a multi-story unit federally financed, togethe w th a pharmacy and geriatric clinic, was presented as a ten :tive plan for development of the new zone. PUBLIC TEST 1CI% was given in favor by Pat Hutchinson, Chair- man of NPO . . e tated the matter had been discussed by their NPO and they cold se , no real objections to it; and since this type of housin is ne ed, they felt this was a good place for it. Ann Schi aura, 6292 reakneas Way, West Linn, commented that while she he no object ns whatever to the proposal, she felt she should int out tha the plant of Schramm Plastic Fabricators is just to e north, and that it is noisy at times. It will operate som times on more han one shift. COhtI SICN DISCUSSION iD ACTION: After some general commentsamong the ommissioners, He er I:OVFD the planning commission recommend o the city counci the adoption of Comprehensive Plan Revision, PR 1-80, establish ng an A70/80 Zone on certain desig- nated tax ots west of Hall B levard. The motion was seconded by Kolleas en carried unanimous' . 5.6 CONDI ONAL USE, CU 23-80 ( =LAND I AND II ATTACF D SINGLL FAMILY) NPO P6 A reque t by Larry Grayson fo a Conditional Use to STAFF REPORT AGENDA 5.4 TIGARD PLANNING COMMISSION JANUARY 6, 1981 - 7: 30pm FOWLER JUNIOR HIGH - LECTURE ROOM 10865 SW Walnut Strset, Tigard NO SUBMISSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT THE PUBLIC HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. SHOULD THIS OCCUR, UNREQUESTED, THE ITEM WILL BE TABLED UNTIL THE FOLLOWING HEAPING. DOCKET: APPEAL OF MINOR LAND PARTITION, MLP 16-60 (J. Allan Paterson) NPO #3 APPLICANT: J. Aan Paterson F-- OWNER: Kay W. Livingston 12700W Pacific Highway Bessie E. Livingston Tigard, \Oregon 97223 10970 SW North Dakota / at . i.- re �� ,,.� rr�� Tigard, Oregon 97223 REQUEST: Applicant is requesting waiver of half street improvements at this time until such time a Local Improvement District (LID) may be formed by the residents. SITE LOCATION: 13430 SW 107th Avenue (Wash. Co. Tax Maj 2S1 IDA, Tax Lot 5600) STAFF COMMENTS ON APPEAL: Reference MLP 16-80 for Minor Land Partition. Please read attached Staff Report (MLP 16 -80) . Under Staff Recommendation section, note Condition Number one. The Public Works Director and Planning Director have agreed that half street improvements to SW Cook (in front of the site) and a nonromor,strance agreement for 107th Street will be adequate in place of half street improvements to both streets . On Noeember 10, 1980, Mr. J. Allan Paterson appeared before City Council to appeal the half street in'pro,m Dent requi rement . (See attached Kinutes.) City legal council requested that Mr. Paterson request an appeal before the Planning Commission. It is the policy of the Tigard '.'ity Council to require full half street improvements on the ground at Cr., time of development. Since no improvements will be made to the 10,000 squars foot lot in question, the Planning Director ar,d Public Works Director have agreed to waive improvements to SW 107th at this tine. City Council la!; indicat'd that this is reasonable. ?ell h,'1 street :.mprovements wil' 3t:.11 be required to SW Cook Lane in thn front of the site. A nonre.nonstraice agreemoit shall be signed for SW 107th St-eet in front of the 10,000 square foot lot. Further, a nonrernonstrance agreement 3'A-17 1 be signed by the present ow, :r of the remaining portion of tax lot 5600 for the future improvement of SW 107th and SW Cook Lane. • Section 17.01.020 Irprovements-Streets states: "Existing stree which abut the subdivision may be graded, widened and improved, reconotructed, surfaced, or repaired as determined by the Planning Commission on the advice of the City Engineer." STAFF REPORT AGENDA 5.4/MLP 16-80 Appeal TIGARD PLANNING COMMISSION January 6, 1981 Page 2 Staff has compromised by waiving the full half street improvements to SW 107th Street. Staff recommends that full half street improvements to SW Cook Lane be required. �A 40111111"ft�)earef "a`+� l 1, i Prepared by Elizabeth Newton Appro -.. .y Special Assistant To The Planning Director ning Director STAFF REPORT AGENDA 5.4 TI:,ARD PLANNING COMMISSION JANUARY 6, 1981 - 7:30pm FOWLER JUNIOR HICK[ -- LECTURE ROOM 10865 SW Walnut Street, Tigard NO SUBMISSION OF ADDITIONAL MATERIAL BY APPLICANT SHALL BE MADE AT TF:'. PUBLIC HEARING UNLESS THE APPLICANT IS REQUESTED TO DO SO. SHOULD THIS OCCUR, UNREc)UESTED, THE ITEM WILL BF TABLED UNTIL THE FOLLOWING HEARING. DOCKET: APPEAL OF MINOR LAND PARTIT ON MLP 16-80 (J. Allan Paterson) NPO -3 , APPLICANT: J. Allan Pat son OWNER: Ka W. Livings' .n 12700 SW P ific Highway Bessie E. Livingston Tigard, gon 97273 10970 SW Horth Dakota Tigard, Oregon 97223 REQUEST: Applicant is requesting waiver of half street improvements at this time until such time a Local Improvement District (LID) may be formed by the resident . SITE LOCATION: 134:0 SW 107th Avenue (Wash . Co. Tax Map 2S1. 3DA, Tax Lot 5600) STAFF COMMENTS ON APPEAL: Reference MLP 16-80 for Minor Land Partition. Please read attached Staff Report (MLP 16-80) . Under Staff Recommendation section, note Condition Number one. The Public Works Director and Planning Director have agreed that half street improvements tr, SW Cook (in front of the site) and a norremonstrance agreement for 107th Street will be adequate in place of half stroet improvements to both streets. On November 10, 1980, Mr. J. Allan Paterson appeared before City Council to appeal the half street improvement requi remen+ r (See attached Minutes .) City legal council requested that Mr. Paterson request an appeal before the_ Planning Commission. It is the p3licy of the Tigard City Council to require full half suet improvements on the ground at the time of development. Since no i vements will be made to the 10,000 square foot lr! in question, the Plann Director and Public Works Director have agreed to waive improvements to S 107th at this time. City Council has indicated that this is reasonable Full hi-1r /0)trrlr3 ► street improvements will atil„L a requin:d to SW. Cook Lane in the front of the sit_._1/ A nonremonstrance agreement shall be sig:ied for SW 107th Street in front of the 10,000 square foot lot. Further, a normmonstrance ;rgreement shall be planed by the present owner_aL.the remaining lo.:t of tax 1atIT600 .fgt the future improvement of SW .142.th_and SW cook__Laue. Section 17.09.020 Improvements-Streets tater: "Existing streets which zbut the subdivisirxi may be graded, wid2ned and improved, reconstructed, surfaced, or repaired as determined by the Planning Commission on the advice cit the City Engineer." I • sato-// / M / STAFF REPORT /�/ I �If fL:�` , / i ✓ AGENDA 5 .4/MLP 16-80 Appeal �r f� ,g4,, TIGARD PLANNING COMMISSION , A • January 6, 1981 • ,l•� of" �V ( Page �l�jtly I ' ,irid Staff has comprom3.aed by waiving the full half street improvements to SW 107th � � ,};' ' Street,/ Staff. commends that full half street improvements to SW Cook Lane K1 U �Yw El& be required/' IA)* ‘,0 ' ' r-fT-. ,z.,,,_,/zA _ .1,/0-__-31-- ,--6 ,0--Z-e-4---e pytktr-actibT) /ared by Elizabeth Newton Appro y !Airfl 0 '--- ial Assistant To The Planning Director .- Hing Director ( ..... .,.....).___c .,,i-- /.2,r,i. p. -----(,--- ,z/3- 1,7"."" 7_,),""r_a_67 „,7„(As..., 9 a STAFF REPORT FINAL ACTION '' \ TIGARD PLANNING DIRECTOR !� November 6, 1980 a -P(0F MARC, WASHING[011 COUNTY,Okf-r,()t1 DO=T: MINOR LAND PARTITION, MLP 16-80 APPLICANT: J. Allan Paterson OWNER: Kay W. Livingston 12700 SW Pacific Hwy.. J3eusie E. Livingston Tigard, Oregon 97223 10970 SW North Dakota Tigard, Oregon 97223 APPLICA11ON DATE: October 2.1 , 7980 REQUEST: To partition a one (1) acre parcel into two (2) lots, 10,000 and 33,571 square feet respectively. SITE LOCATICtl: 13430 SW 107th Avenue (Wash. Co. Tax Map 2S1 3DA, Tax tot 5600) SITE DESIGNATION: Zoning R-10, Comprehensive ):'lan R-10 (Ref. Ord. 7C-24) . FINDINGS OF FACT: 1. App. :art proposes to partition two (2) lots, leaving the existing house on the northeast 10,000 square foot lot and leaving the remaining 33,571 square feet undeveloped at this time. 2. Cook Lane and 107th Avenue are local streets requiring fifty (50) feet right-of-way. Currently, they are not improved to half-street standards in front of the site. 3. SW 107th Avenue in unimproved gravel. An easement for the continuation, of 107th Avenue runs down the west side of the site for 135 feet approximately. The applicant shall dedicate a 25 foot strip to continue 107th Avenue down the west. property line. 4. Water service is available to the site. Sewer service (for future development of the larger parcel) would most likely come from Park Street or Grant. Street. 5. City Council policy requires that half-street improvements be made for Minor Land Partitions at the time of the partition. CONCLUSIONARY FINDINGS: 1. The proposed partition and use are in conformance with the Comprehersive Plan. The lot created for the existing house is 10,000 square feet, which meets the R-10 requi rement. 2. Adequate sewer and water service can be mule available to the site. 12420 S W MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 ---- FINAL ACTION STAFF REPC TIGARD PLANNING DIRECTO.: November 6, 1.980 MLP 16-80 Page 2 STAFF RECOMMENDATTflN Staff recommends approval of this partition subject to the following conditions: 1. The applicant shall dedicate the remaining right-of-way on the western property edge to continue 107th Avenue. Full half-street improvements shall he made to SW 107th Avenue and SW Cook :.ane for the 10,000 foot lot frontage at this time. Full half-street improvements shall be requi red on.SW 107th Avenue and Cook Lane in front of the remaining property at the time of development. 2 No Occupancy Permits shall be issued until all conditions placed upon this development by the City of Tigard have been satisfied and i.nspectio.•ts verifying this have been carried out by the apFropriate department. 3. No changes will be made to approved plans of specifications unless formal application is made to the appropriate C:.ty department, and changes are approved by that department. Application for changes will be made in writing and shall include applicable drawings. 4. Grading and construction plan_ for all work in public rights-of-way and all other public improvements shall be prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for r_view. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Department, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public deli.:ation, final plat or issuance of Building Permits; or (2) bonded to the City for loot of the estimated cost thereof prior to thr: recording of any minor land partition or public dedication. 5. A metes and bounds legal description and map shall accompany a dedication of public rights-of-way, and shall be prepared by a registered engineer or land surveyorer. 6. All :streets and parking areal. shall ba concrete or a,phalt. All sidewalks shall he concrete. 7. Half-street improvements shall be constructed to the approval of the Public- Works Department prior to the issuance of a Building Permit. A bond shall be posted by the property owner with the City of Tigard for 1501 of the coat of the half-street imp'ovement prior to recording the land partition with Washington Count;'. 8. A nonremcnstrance agreement :;hall be signed against t-e formation of a sewer LID to serve the properties on Cook Lane. Prep d by Eliza . .i Newton Approved by Aldie Howz.rd Intern Planner Planning Director 1. • FINAL ACTION STAB :PORT T.:GAR.D PLANNIING - _RECTOR November 6, 1980 MLP 16-80 Page 3 NOTE: This acknowledgement must be signed and returned to the City of Tigard, Planning Department. Failure to return this acknowlec'.gement will result in no further acticri on this project with regards to issuance of Building Permits or engineering approval.. Signature (a2plicant) .�! Date ----------- Signature (owner) Date If your Minor Land Partition has been approved and you have signed and returned the acknowledgement agreeing to satisfy the conditions placed upon this action , you should now have your Partition recorded by the Washington County Department of Assessment and Taxation. You should take copies of your Partition Map and our Staff Report to the County to facilitate recording. Your Minor Land Partition is not official until it is recorded. 14 _ S cs I GAR D CITY C O UNC I L REGULAR MEETING MINUTES - NOVEMBER 10, 1980 - 7 :30 P.M. IC 1 . ROLL CALL: Present: President of Council , John Cook; Councilmen Tom Brian, Kenneth Scheckla ; Councilwoman Nanr_ie Stimler ; Chief of Police, Robert Adams, ; Legal Counsel , Joe Bailey; City Administrator, Raeldon R. Barker ; Director of Public Works , Frank Currie; Finance Director/City Recorder, Doris Hartig ;, Administrative Secretary, Loreen Wilson. 2 . CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK ON NON AGENDA ITEMS . (a ) Mr. Allan Paterson, 11605 SW Manzanita, stated that he wished to appeal a minor land partition on behalf of Mr. Dave Nicoli and Mr. Livingston. Legal Counsel requested that Mr. Paterson contact City Hall to file his objections and request an appeal _ bearing before the Planning Commission. (b) C.W. Stutter, 12215 SW Summer Street & Nancy Robbins , 12220 SW Summer Street questioned the bill which they received from Mr. Allan Paterson for $130 .00 for sewer connection to the Leron Heights Interceptor. They reque +ted that the City Administra— tor met with them and Mr . Paterson to go over the books . Council requested staff assist Summerhills citizens to see documentation they requested. 3. APPROVAL OF MINUTES : OCTOBER 27 , 1980. (a) Motion by Councilman Brian , seconded by Councilwomantimler to approve . Approved by unanimous vote of Council present . 4 . APPROVAL OF EXPENDITURES AND INVESTMENTS : 1121,843 .46 (a) Motion by Councilman Brian , seconded by Councilwoman Stimler to approve . Approved by unanimous vote of Council present . . 5 . RESOLULION NO. 80-97 A RESOLUTION OF THE TI.GARD CITY COUNCIL . -M--- ACCEPTING THE PUBLIC STREET IMPROVEMENTS KNOWN AS SW KATHERINE STREET EXTENSION , GENERALLY LOCATED WEST OF SW 121ST AVENUE, SUBJECT TO HEREIN SPECIFIED CONDITIONS . (a) Motion by Councilman Brian , seconded by Councilwoman Stimler to adopt . Approved by unanimous vote of Council present . .( - - - 1 f cc n rc 155 w BEFORE THE OF TICARD, OREGON • NOTICE OF APPEAL File No. MLP 16-80 1 . Name : APPLICANT_& OWNER : Kay W. Livingston 2 . Address : 10970 S.W. North Dakota, Tigard, Oregon 97223 (Street/P.O. boxj BAR , OAEG (Stater9- --"�7.ip Co er 3. Telephone No. : ( 503) 639-1374 4. If serving as a representative of other persons , list their names and addresses : . Planning Commission 5. ' ' What is the decision you want the C/i/G//Gt&$)t,/i/I to review? . (Examples : denial of zone change ; approval of variance. ) Minor land partition reviewed by the Planning Director. Waiver of half street improvements at this time in this older, es_tablished neighborhood until such time as a LID may be formed by the residents. 6. The decision being appealed was announced by the Planning ,CaltOtiAt,,/J/i on November 6, 1980 Director (Date) 7 . On what grounds do you claim status as a party? (See Section 18 . 92 .020 Tigard Municipal Code. ) Applicant and owner trying to sell property, or part thereof, to Dave Nicoli, party presently occupying_older home on parcel. 8. Grounds for reversal of decision. (Use additional sheets if necessary. ) Your response should deal with the following: (a) Explain how your interest is damaged. (b) Identify any incorrect facts mistakenly relied on in the decision or recommendation from which you appeal . (c) Identify any part of the zoning code or other law which you claim has been violated by the decision or recommendation from which you appeal . (d) Describe what 'decision you are asking the City Council to make . City Council has apparently set the policy that with any minor land partition that full improvements must be made if not already in and adjoining the property. The applicant and owner wishes to defer these in this particular case until ttil neighbors help form a Liu. Page 1 of 2 •At_the City Council meeting of November 10th, the Council said that __ ,the whole requirement should be reviewed through the Planning commissionfor further study and this appeal is to instigate that_^ Process. _ 9. Est mate t e amount of time you will need to present your argument to the Li `" "V'."' {The Council will schedule more than 15 minutes per side only in extraordinary circumstances. Each side will be given the same length of time for its presentation. ) 15 minutes should be adequate with Kay Livingston, the owner , and Dare Nicoll, the occupant and potential buyer of partitioned land Signed each making_equal time_ap_Feals for hearing by the Plannin- Commission. Date : November 12 , 1980 Signe a W. Li ingston ##r#### W#####################r####n################### ######## ############ FOR USE BY CITY • . Date and time of filing: Date of Planning Commission decision: • Date set for Council consideration : Time allowed for arguments : per side Entered by : _ ___ • Amount paid: __.__ __.__� Receipt Page 2 of 2 I 1 Notice of Appeal C. JRY 21 I. A. PATERSOe REALTY CO., INC. 12700 S. W. PACIFIC HWY. TIGARD, OR 97223 639-2125 December 26, 1980 MEMO TO PLANNING DEPT. Re : Staff Report-Agenda 5 .4 TIGARD PLANNING COMMISSION January € , 1981 Please attach a note to the above to the effect that I , J. Allan Paterson , am nog the applicant in this appeal . Kay W. Livingston is both the Owner ani Applicant. My only interest in the whole deal is that as the real estate agent involved in the proposed sale that is involved, I assisted the Owner and Applicant, who is one in t,le same , :1 preparing his appeal since I am a f► , amiliar with the procedures. ��..��,, yy�,�yy Thanks , O niUra / 7 �« We're National, but we're Neighborly L AFFIDAVIT OF MAILING STATE OF OREGON County of Washington ) ss. City of Tigard I, Viola Christensen, being first duly sworn, on oath despose and say: That I am Secretary for the Planning Department for the City of Tigard, Oregon That I served notice of hearing of the Tigard Plan ing Commission /cc,/5/ /r? it,,�( /Jim >'�JY Plan/ling of which the attached is a copy (Marked Exhibit. A) upon each of the following named persons on the ' 7/1A day of , 198c%), by mailing to each of them at the address shown on the attached list (Marked Exhibit B) , said notice as hereto attached, deposited in the United States Mail on the j t A day of /)Q".z t/�L , 198 , postage prepaid. Subscribed and sworn to before me on the _ _ day of 198J. '. Notary Public of Oregon My Commission expires: • _ _�V 1 TIGARD NOTICE OF •R'JBLIu HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION AT ITS MEETING ON TUESDAY, January 6 , 1980 , AT 7:30 P.M. , IN THE LECTURE ROOM OF FOWLER JUNIOR HIGH SCHOOL, 10865 S.W. WALNUT, TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATION: APPLICANT: J. ALLAN PATERSON OWNER: KAY W. LIVINGSTON 12700 SW PACIFIC HIGHWAY BESSIE E. LIVINGSTON TIGARD, OREGON 97223 10970 SW NORTH DAKOTA TIGARD, OREGON 97223 REQUEST: To appeal Minor Land Partition, MLP 16-80. Applicant is requesting waiver of half street improvements at this time until such time a Local Improvement District (LID) may he formed by the residents. LOCATION: 13430 SW 107th (Wash. Co. Tax Map 2S1 3DA, Tax Lot 5600) NPO $3 FILE NO. : MLP 16-80 (Paterson) FONNER a ow.— M�M� N GRANT k, V41/44‘ U 4.0 ST. .4 c) PERRY DELT L z7.; a- o t u? W .0%L r- Y / . s ' ,.. '-?4 - ;;•, . (c. d �r /� pQ S.W. PARK ` ST ell �0 11- C;71.4,5, o4 Ay18t�h� ; p . .e. .• h a ..fp ,,,,,„ ... s. 4e S.N � �, t� i ��i' `��Q °C p. CCOX r/Ji A 4. . r .i ti b Cir 1 4,c. 4 ,v 1 (SSW `l` FAIRHAV atf t _ ST n [r 12 it —14 Iii40,Ulw 4 il+iEN ,, U. /if+ r • .1 3 AVER WP a �P r N gT 11Ti�14w11n1111 •• •, ir a. ; {_ t , a ILTVIEW ST. ••'fir L N, VIEWMO vi GAR. k- a r III, t ' '�'sr 7) V 1 I NU yl . i AN,MONY PARR Pt• �P Q (!1.* / 'Tie rE ge GAARDE ,,, S � 74 \� ...W � • 4 it W b . 4 ;. • 4/ 111 a..'-'J ns ..1111.t,; P'' VI i _ 4 nu111111n � . 11n OnlIVIA 1 THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF PROCEDURES OF THE PLANNING COMMISSION. ANY PERSONS HAVING INTEREST IN THIS MArrh,R MAY ATTEND AND BE HEARD, OR, TESTIMONY MAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE INITIAL HEARING. SHOT''J) YOU WISH TO APPEAL, A WRITTEN LETTER ADDRESSED TO THE CITY RECORDER MUST HE RECEIVED PRIOR TO THE EXPIRATION OF THE TWENTIETII. DAY AFTER THE DECISION OF THE HEARING. IF NOTICE TO APPEAL IS NOT RECEIVED WITHIN TWENTY D?.YS, THE ACTION IS VALID. FOR FURTHER INFORMATION, PLEASE CONTACT THE PL ENING DEPARTMENT AT 639-4171 CITY OF TIGARD, 12420 SW Main Tigard, Oregon 97223 ..PARK cR 1310 STREET .. '1111 lo' Maa•at•a ssos' - sot*aa'so'M 528 it `MH•sa'lot x10.01'. ►�N 4101 ' „ 9 to s,' • so/ ' t Ili os'' = + l% I. .sr. - 4200 4300 4400 4500 4600 gf,.d2 �'t`•4 �� M IN _ X. / : ••• 1.1 �� S • 4 _ 4103 •• • 3 i i F..* ii• • • 2 "-.- 3-674 ... . . • 1111. OI 3300 5200 5100 5000 4900 r-s _r41778 .� 4100 • I-� . • Awe. Y 6 ! 7 :: _8 9 • 480( 10 • s s• es'r no. ss' • 11144*sa' sso.s� . w 5400 0 to s C 00 c R 17e• LANE :�. gab�1 S".30 asa - 9 �O . —15 BOO 5900108 900 s+ '• .;� • 3492 1 a .J4ac rl .)._. .2001.71nErce.a... 13 . iii i • 5500 • S i �'� I I 12al• 6000 Um) 6200 41 S• 13011 •40A� t0._1111111 , • to r ��•• $1o' as• wat 111111••1.11C 871.1' ss' I/ 8854 47.5 ow pLAivtk, (tVG CC h r'1 r55 (1. (U BEFORE THE . OF TIGARD, OREGON NOTICE OF APPEAL File No. MLP lb-80 1 . Name: APPLICANT & OWNER : Kay W. Livingston 2 . Address : 10970 S.W. North Dakota, Tigard, Oregon 97223 (Street/P.O. 3ox TGJ ORE tom_ - lty (State) rli.p Co e) 3. Telephone No. : ( 503) 639-1374 4. If serving as a representative of other persons , list their names and addresses : Planning Commis:{ion 5. What is the decision you want the Qi/taIAXptytytyi/1 to review': (Examples : denial of zone change ; approval of variance. ) Minor land partition reviewed by the Planning Director. Waiver of half street improvements at this time in this oder, established neighborhood until such time as a LID may be formed by the residents. 6. The decision being appealed was announced by tie Planning ANtIAA AA4bsi on November 6, 1980 Director (Date) 7. On what grounds do you claim status as a party? (See Section 18. 92.020 Tigard Municipal Code. ) Applicant and owner trying to sell prp.pertyl or part thereof , to __ Dave Nicolip party presently occupyinsL older home on_parcel. 8. Grounds for reversal of decision. (Use additional sheets if necessary. ) Your response should deal with the following: (a) Explain how your interest is damaged. (b) Identify any incorrect facts mistakenly relied on in the decision or recommendation from which you appeal . (c) Identify any part of the zoning code or other law which you claim has been violated by the decision or recommendation from which you appeal . (d) Describe what decision you are asking the Cty Council to make. City Council has apparently set the policy thatv+ th any minor land partition that full improvements must be made if not already in and adjoining the property. The applicant and owner wishes to defer these in this particular case until tI$ neighbors help form a LID. Palm 1 of 2 w At_the Cite Council meeting of November 10th, the Council said that whole requirement should be reviewed through the Planning ,commission forfurthe.r study and this appeal is to ..nstigate that process. 9 . Esylate tlje_ amount of time you will need to present your argument to the Cb4i i . ' (The Council will schedule more than l:-i minutes per side only in extraordinary circumstances. Each side will be given the same length of time for its presentation. ) 15 minutes should be adequate with Kay Livingston, the owner , and Dave Nicoli, the occupant and potential buyer of partitioned land Signedt ach making equal time appeals for hearing by the Pianni Commission. Date : November 12 , 1980 Signe 4400/ 0 _ 4W. Li inyston #########################################################00############### FOR USE BY CITY Date and time of filing: Date of Planning Commission decision: Date set for Council consideration : Time allowed for arguments : per side Entered by: Amount paid: ,—�- - Receipt #: Page 2 of 2 Notice of Appeal ■.. ■ I r------------------- --- -_----.--- -- — - --- AFFIDAVIT .,F PUBLICATION PUBLIC NOTICE-- 4 SUBDIVISION PUBLIC NO►IFICA- TION, :ii 7-89(Templeton Estates)NPU STATE OF OREGON, No. 6 COUNTY OF WASHINGTON, SS. RE.QUEST: Applicant is req►esting appr v it of a subdivision for s i r (10) single family dwelling units ins i R-7 I, JOSEPH SCHAEER single family zone, located at ti,- East side of 5W 97th,appfoximately 2(.A)feet South of SW McDonald (Wash (o.! being first duly sworn, depose and say that I am the publisher .-____...- -... Tax Map 2S1 'IBA. Tax Lots 100, It)r,� and 107). of The Tigard Tres, a newspape, of general circulatior., as defined The pi aposed plat conform,. to the; by ORS 193 010 and 193.020, published at Tigard, in she aforesaid county and NPO No. 8 pian for use as residential;;evelqpment. ; Written comments are eon ours, t.' state; that the lega! notice, a printed copy of whit is hereto annexed, was Plea!e submit any carrespordence in advance of Novemb 3r 6. 1980 to the published in the entire issue of said newspaper for .. _.......2 . successive and Planning Director, Tigard City Hall' 12420 SW Main, Tigard. consecutive weeks in the following issues ....._ MINOR LAND PARTITION PUBLIC NOTIFICATION. %LAN (J. All.r„ OCTOBER 29, 1980 & NOVEMBER 5, 1980 Paterson) NPO No. 3 • .—.... _� . �__. Applicant i ) i g / 1 7 '� tREQUEST: Partition Se ore (I) acre parceleir'to j _�.. /" (Signature `, two (2) lots. 10 000 square feet and! 33,571 squar feet respectively at 13430 SW 107th Avenue(Wash Co.Tax Map Subscribed and sworn to before me this 11_. _ day of 2S1 3DA. Tax Lot 5600). I The proposed pa -tition and u:•e j, NOVEMBER 19 in conformance with the Cornrreh - - 19 i sive !Ian.The lot crea •d fur tru exist•• ir I ing house is 10.000 sq are feet, which de eAe ., meet. the R•10 regtartrcerI. Notary Pdblic of OreB4rt W` flea comments are •couraye ��/ Pleaat Submit any co 7etp in-,dente in p i t.,;..,'1, ,•.:S.,1., Xr - . advance of November 6. 1980 to the My commission expires _._....._..........l;�ly...6,.1 tjaY • Plan ting Director. Tigard City Ita;1 12420 SW Main, Tigard. i TT 4710 — Publish Oct. 29,Nov.5, 1980; 1,, l f I G.^ ;.'i ::-.1,7 ,S , p,: 1 • w 1 . : t • 4 .• f } PUBLIC NOTICE SUBDIVISION PUBLIC NOTIF]CA"ION, S 7-80 (Templeton Estates) NPO #6 REQUEST: Applicant is requesting approval of a Subdivtsior, for ten (10) single family dwelling units in an R-7 single family zone, located at the East side of SW 97th, approximately 200 feet South of SW McDonald (Wash. Co. Tax Map 2^1 11BA, Tax Lots 1CG, 106, and 107) . The proposed plat conforms to the NPO #6 Plan for use as residential development. Writ':en comments are encouraged. Please submit any correspondence in advance of November 6, 1980 to the Planning Director, Tigard City Hall 1242( SW Main, Tigard. MINOR LAND PARTITION PUBLIC NOTIFICATION, MLP 4-80 (J. Allan Paterson) NPO #3 REQUEST: Applicant is requesting to Partition a rine (1) acre parcel into two (2) lots, 10,000 square feet and 33,571 square feet respectively at 13430 SW 107th Avenue (Wash. Co. Tax Map 2S1 3DA, Tax Lot. 5600) . The proposed Partition and use are in conformance with the Comprehensive Plan. The lot created for thn existing house is 10,000 square feet, which meets the R-10 requirement. Written comments are encouraged. Please submit any correspondence in advance of November 6, 1980 to the Planntng Director, Tigard City Hall 12420 SW Main, Tigi rd. FOR TIGARD TIMES PMLICATION WEDNESGA" ( ':"Y' ER 29, 19eO and WEDNESDAY NOVEMBER 5, 1980. e// /,‘„re,,,01.0... ..m.v."---- --- STAFF REPORT/PRELIMINARY /1 TIGARD PLANNING DEPARTMENTrs.a.......:7 i 12420 SW Main Street October 23, 1980 / //A '1,' DOCKET: MINOR LAND PARTITION, MLP 16-80 . $ APPLICANT: J. Allan Paterson OWNER: Kay W. Livingston 12700 SW Pacifi- Hwy. Bessie E. Livingstone Tigard, Oregon 97223 10970 SW North Dakota Tigard, Oregon 97223 APPLICATION DATE: October 21, 1980 REQUEST: To partition a I one (1) acre parcel into two (2) lots, 10,000 and 33,571 square feet. respectively. SITE LOCATION: 13430 SW 107th Avenue (Wash. Co. Tax Map 251 3DA, Tax Lot 5600) - ,/�� ^� i7 ) SITE DESIGNATION: Zoning R-10, Comprehensive Plan R-10 I v' •I'[/ FINDINGS OF FACT. 1. Applicant proposes to partition two (2) lots, leaving the existing house on tl.e northeast 10,000 square foot lot and leaving the remaining 33,571 squ?tre feet undeveloped at this time. 2. Cock Lane and 107th Avenue are local streets requiring fifty (50) feet right-of-wary Currently, they are not improved to half-street standards in Ziont of the site. 3. SW 107th Avenue is unimproved gravel. An easement for the continuation cf 107th Avenue runs down the west side of the site for 135 feet approximately. The applicant shall dedicate a 25 foot strip to ceatinue I107th Avenue down the west property line. I 4. Water service is available to the site. Sever service (for future development of the larger parcel)would most likely come from Park Street or Grant Street. 5. City Council policy requires that half-street improvements be made for Minor Land Partitions at the time of the Partition. CONCLUSIONARY FINDINGS: '.. The proposed Partition and use are in conformance with the Comprehensive Plan. The lot created for the existing house is 10,000 square feet, which meets the P-10 requirement. 1 • STAFF REPORT/PRELIMINAR MLP 16-80 Page 2 2. Adequate sewer and water service can be made available to the site. STAFF RECOMMENDATION: Staff recommends approval of this Partition subject to the !ollowing conditions: 1. The applicant shall dedicate the remaining right-of-way on the western property edge to continue 107th Avenue. Full half-street improvements shall be made to;the yportion of S�W��10�7yth Avenue ZxBO•IX1-1 I/which fronts _ the site. falf- ;:S-t: 1 riert•reeh �9Z, , be-X4€49 e'i 4ry L' ,, ot th_> 2. No Occupancy Permits shall be issued un;.il all cone'itions placed upon this development by the City of Tigard have been satisfied and inspections verifying this have been carried out by the appropriate department. 3. No changes will be made to approved plans of specifications unless formal application is made to the appropriate City department, and changes are approved by that department. Application for changes k will be made in writing and shall include applicable drawings. i Grading and construction plans for all work in public rights-of-way and all other public improvements shall be prp prepared by a registered professional engineer in accordance with City standards, and shall be submitted to the Public Works Department for review. All public improvements will require a Compliance Agreement and must be (design) approved by the Public Works Departmeht, and must be either (1) fully and satisfactorily constructed prior to the recording of any minor land partition, public dedication, final plat or issuance of Building Permits; or (2) bonded to the City for 100% of the estimated cost thereof prior to the recordi. -, of any minor land minim partition or public dedication. 5 . A metes and bounds legal description and map shall accompany a dedication of public rights-of-way, and shall be prepared by a registered engineer or land surveyorer. 6 All streets and parking areas shall be concrete or asphalt. All sidewalks shall be concrete. 7. Half-street improvemehts shall be constructed to the approval of the Public Weeks Department prior to the issuance of 1! a Building Permit. A bond shall be posted by the property owner iwth the City of Tigard for 150% of the cost of the half-street improvement prior to recordiq the land partition with Washignton County. g. a- ran yr-ovivir„ t)t-- h.& vi70,41,y,g„,. 5,4 ppi,r, ins cyr C C prepared by Elizabehh Newton et(7. AFFIDAVIT OF MAILING STATE OF OREGON County of Washington) ss. City of Tigard I, Margaret Smith, being first duly sworn, on oath despose and say: That I am Secretary for the Planning Department for the City of Tigard, Oregon That I served notice of a Minor Land Partition request of which the attached is a copy (Marked Exhibit A) upon each of the following named persons on the day of 198,, by mailing to each of them at the address shown 01 the attached list (Marked Exhibit B) , said notice as hereto attached, deposited in the United States Mail on the day of :_ , 198S�_, postage prepaid. ' 1 )0. ii Subscribed and sworn to before me on the .r� � day of �r+f 198 . rt.' - _ SC 21,« Notary Public of Oregon My Commission expires: i/ i ' CITY OF TIGARD WASHINGTON COUNTY. OREGON PILE # MLP 16-80 L • 0- A NI TODAY'S DATE 10-23-80 FINAL ACTION DATE 11-6-80 Dear Community Member The enclosed site plan should be of interest to you. Specific plans for this property are available in this office for your review. Written comments are encouraged. Please submit correspondence i'1 advance of final action. Note that the final action date is stated above. If you have any questions, please contact the Planning Department at 639••4171. Sin y ,-.• Aldie Ho • Pla y Director AHvmc 12420 S.W. MAIN P O. t ),K 23.,97 TIGARD, OREGON 97223 PH 039.41 71 _ - Y I ' 29 30 • 31 : I1 92 � . 3 M • 900 06 iik Ile Lo 2 7 0• 28 0 _ - , -- Q Y w 400 o it •' • IP 9 t I• Is / 1f 1= ' Ile. 21' w n e 1;'—.— _ r • eo •. MINOR LAND PARTITION, MLP 16-80 ( : b `� LL� O ' 2'le• /1 1 LOCATION: 13430 SW 107th (Tax 1.11111., ■ . vV llt : : 3EA0 I:�j Map 2S1 3DA, Tax Lot 5600) �. = 8 a w o 19,u •,: 0 10/c • Applicant is requesting to wow partition a 1 acre parcel into « • Is w . �e 2 lots, 10,000 sq. ft. and 33,571 1 113 u • o P s3. ft. respectively. Z S4 7t?0 =600 w a. I ' 11.1 110. SIM'11'1 /I' t/1'r1�1 M i1 / liti:!.....- IIVIIS f1' 131' H'f.IV' ' v/ .:a:.... '•'•�_, . 11111111 PARK A :. - _ , CR '32o STREET RANI 1/1'3130*M 32/ I• ‘1111111•311.101 3100.' 1 roo' ,x101 N1/•>,e'i 730 3 7171. •, er• 9101' t to to' ":71.-77. :'��= I. 15* e 00 8 .I k w 4200 4300 4400 4 500 4600 t 2 °'e'``47 • ) /0 .t ` 130! I• w w J �w o >'„ 5 : 4 ; 3 i 2 : �. 4103 ti41Z - 1 w Q- 3 • i/Ac $ - - • 3i: 2 3 74 ... 5 300 5200 5 100 5000 4900 • - : r I\ r , 1 2 4100 = r .i.. .2 •4S 2 .re •, 6 7 I 89 • 10 • Y• - 48J0 • ;�_ /11• /3'• 130 33' �' 1111116 /!' 330 13' -- —Ji 01 5400 '• 0. e -c ..plc 1. .i — --/1 /I' —�- /i' 11 0.' �,� A_re0 ---I- 2 10 It US s COOlc p ryes LANE • • no — ---_t----- 54.1_.r) I r r1,;1 r .4. t rot 31' 3� —ti. 9' I rl"X).____ rt _ r.. .. 1 7 � 1 j M '�. ti ..\.1 11 • JV A 1id s: 5492 _ w • = Y • 11 i ' I I • 12 .1•0-' / -- 'i _-131 r-1 '5500 S i +e o , ` 6000 6200 °c C.4. 13014 .404c ' ^ 14 • i e 1. ------iii- a- • 111114 ••• .t' • 330' IV' 1 7' - v. 111....a111..• r `�,�31 _______..._________ 000)4r , . 10' I 41\ lilt.' 1•.1 e et c_ Wt.P ikt) P i b-0 X11 7r� 1 30 ,:;5 I 3 D - 4,400i /00' 50(4 6300/ 52/0(_;-`;2/96, 54/194 5-700; 6-50/r3'706;-,)-Toc bi,�� //6,/5-2/61 II •� I 31)1) , y0.3 , i�r ...�rr tea. – _ . .► —s r��l��.�-i1. ' • _ .i•�`� - ��.r •� a. a ,' .. i 5I C,==1 2/9 L(,?w1, . Co . ?o 34-4) 'Pool hid,- = C. iig) ()3'77 orcLt _51/±L/-)_ /33‘;5 .j10i0'7A3J/,7-f5 w `7�'� n `;03 /0, � AtA.t- 72 '/!� .3 ici t A. coon eezy 670c)/ Cr.Loyepi cio 17g r.:4-0)-) ':).!.)00/ 0_42.0.12, 4.2,.z) /663 .JlU (?c)Mz. )7 . /32165 _,4(L / 12L . L ��_ ,�l► C�Q V 1/,., / d , . &) /31-/95' _. .G:"`4'(7‘f 41 a.' - ?! facet?ll, =-,•- ff� / liz> C7C::(2/ /44.oP 76 ,3C.C1 tletd17.Vtr a , „lCU (!ez 4 . /66 34 - ? 0_) r J•. s J /67"a . /06..R0 . i) Ca* Jr?) . 1 MINOR LAND PARTITION APPLICATION - CITY OF TIGARD PLANNING DE:PA CMENT FILE # /ft/UP /C' sc' i2424i SW Main ?treet FEE REC'D Gi ,._ Tigard, Oregon 97223 ' J RECEIPT # 639-4171 �I C � . DATE REC' D (O y) (- Soo BY 4-1), -- The "contact person" named in this application will receive all major correspondence from the Tigard Planning Department and that person is responsible for providing same to owner, architects , engineers , consultants , etc . CONTACT PERSON: J. Allan Paterson ADDRESS : 12700 S.W. P .cific Hwy. , Tigard, OR 97223 TELEPHONE ( 5033 )639-21?5 I have read thils `s •ct„ien-end I- gree , as the "contact person" , to provide all information\ t. 4 tier pe ssoonn with an interest in this project . -4 „4.4.......-------. _ Signature �,,� c ., Date 15 QLr G Pj . ROPERTY INVOLVED: ADDRESS : 13430 S .W. 1070, Ti.3ard, OR 97223 TAX MAP # 2221 3aA TAX LOT(S ) # 5b00 APPLICANT' S NAME : Kay W. Livingston PHONE : (BUS . ) 39-1374 (RES . ) ' 39-1374 APPLICANT'S ADDRESS : 10970 S.W. North Dakota, Tigard , OR 97223 OWNER' S NAME : Kdy A. Livingston _PHONE : (BUS . ) , 39-1374 BeJJie L. Livinc36ton (RES . ) 6 39-1 3 74 OWNER' S ADDRESS : 1,.,970 S.W. _Lcat.ti ,j4k,�ta, Tisarcl, QR 7 .23 OWNER(S) RECOGNITION OF APPLICATION : s _ f L I GNATUHE OF (-T.-NV • ) PLEASE CIRCLE : PLANNER/ENGINEER/SURVEYOR NAME : Jchnr:ie M. Jumma.r ADDRESS : 323 S.E. 3rd Ave . ! Hillsbcr. o, OEC 97123 PHONE : 6-2(, 19 NUMBER OF LOTS TO BE FORMED FROM THIS PARTITION : 1 APPROXIMATE AREA OF EACH LOT : 10,() i . 3 3 , ',71 ZONING DESIGNATION: R-1t� (7/30/80) —_._ — Q9'kft ."1 thAL LAND Flit/ , IUNNNII SI SUMMERS P 4 5., INl I!1 s 1 Iluid..,.,.lh.p.jn 971: n 11 M$2019 uber r, 1)r.) Parcel . (house) A portiot of taut certain tract of laud as described it, book 888 Pate 824 Washington County, Uregun Deed Records and more particularly described as follnws: beginning at the Northwest Coruar of that said curtail tract of land sa described in book 888 Page 824 and running thence S 89'42' 0" L along the North Line of said tract 125.0 feet to a point, thence S 0.51' W parallel with the Last Line of said tract 100.0 fee': to a point, thence N 8,1•4.2' •1)" i 125.0 feet to a point un the Weut Line of said tract, thence North along the said Meat Line 100.0 feet to the point of beginning. SULIJ1:C1' 1. the rights of the public in Roods and Highways are particularly that portion of Southwest 107* Avenue along the West Line of the above dvecribsd parcel. Parcel. ' A purtion of that certain tract of lend •s .Isacriuec in Book 888 lege 824 Washington County. Oregon Deed Fecurts ane more particularly described as follows! Bal;inning at the Northwest Corner of Lot 11 FANTASY HILL, I plat of record in Washington County, Oregon and running thence N 8. '42'30" W along tis North Line of said tract of land as deacribed in hook 888 Pee. 824 Washington County, Jrsgon Deed Records 62.0 feet to a point 12;.0 feet from the Northwest Cc-ncr thereof, thence 8 0.31' W parallel with the Last Line of said tract 100.0 feet to • point, thence • 89.42'30" W l]S.t) feet to a point on the West Line of acid tract, thence South along said dost Line 153.0 feet to the Southwest Corner thereof, thence Last along the ..uuth Line of and treat 187 feet to the buuthweel Corner of said lot 11 FAIITASY HILL and the Southeast Corner thereof, thence N U•51' 6 along the Last Line of said tract 235.0 feet to the point of b 81 niog. aUbJLCT To the rights of the public in 'Wade and highways sure particularly that portion of Southwest 107* Avenue slims the West Lise ut the shove described parcel. ",__ 'tli/e.I0 PROFESSIONAL VD Spilt EY 0R 16, 011100N woos ur. :Its JONNNII M SWAMI'S 1042 J I MINOR LAND PARTITION: 13430 S.W. 107th Ave. , Tigard, OR 97223 ( Approx. 1 Acre into 2 Parcels ) WRITTEN NARRATIVE : 1 . The nature of the proposal is to divide the subject property into two parcels so that a house and lot may be sold separately from the remainder of the acre at this time. A more reasonable sale value is realized by spinning off the extra bare land presently undeveloped. 2. The proposed use is in conformance with Tigard' s Adopted Comprehen- sive Plan in that R-10 is the present zoning and this is being complied with. 3. The community needs a house on a lot in this residential area to comply with the recommended density. The house has been on the subject land for over 40 years with an approved septic tank sewerage disposal unit on the proposed 10,000 square foot lot. 4 . No changes in environmental , economic or social conditions except that an existing 25 foot easement to the West is not being encroached upon at this time. 5. The request is for an approved land use in a residential neighborhood. 6. There is no change as this present use is the same that has been on the subject property for the past 40 plus years in the neighborhood. 7. There are no ne_w public services necessary at this time other than those that are presently being used such as Tigard Water District water and Southwest Cook Lane, an adjacent public street. All services remain the same as before this request for a minor land partition was filed. Respectfully submitted : J. Allan Paterson 15 Oct 80 saysfa 91`p„� 1a's of - ______'f of 49 11 • 111 • f1' �• f1• i .)s' ( I T--^ .2.,,,/ .% \`�� PA R�{ >, a>t:.r •e.N•T" ♦ r,.y.y.y . ray,..s �' ' - c ��=0 `r-3�'TR�ET HUT • ' • •Ase' s•s•se*sew 12$Is' `rss•s1',ot ow 04' 4101 Ts.1I' •••• ' s1AI 11.e1 - - ••"T.. - �, .rte f'`, ti e S ..,.k. • 4200 4300 4 400 4500 4600 4.� • 2 e 4 •• rut• • L N• • • O •o I: 5 4 d , • �- • d•103 L Q + :6, 3 .7) • • = • 61 ac. ii• .. • • d3 all 74 . ,....„......._ 2 e 4 5300 5200 5(00 5000 4900_ - 4100 • A :J .i•:• .♦8� • w 6 7 • • 4 BJ: I i8 • 9 • ! 1C 1 •• ee'sl 33 :s' •111' 15 1 110.•3' il.3400 '' �+ . .40 Ac 1. . sI' s�_____ 91' 11.es_ •fj C 'i `� _ : COOK t R ITB, LANE "`=-` _ Al ---\—1 . •J L�IJo J7t�2) -7-Thi: 59 cc ss' +J,• ?o: ~11 5492 1 II it4 � 4 • •• r . - rio • n 1:4 1' _ 11 .�s�l•� • S it 11 .. 12 �' 6000 —+ /A • _�7_N• s ' V� ?CvL es. 13014 .4" • p ra • 14 O e � � • • 11111 L - • i1• t - ose 11'• s!0' ••• , 1' •+r.4r-a. 1t•.4. Y _ a,_11 _ �� 1 . ssN1!'1t 111,1'/4‘ . 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