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SUB1997-00008
e. • 416- � �II CITY OF TIGARD Community Development Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER NO. 97-06 PC a BY THE PLANNING COMMISSION Case Number(s): SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 Case Name(s): TIGARD WOODS SUBDIVISION Name of Owner: Beacon Homes, Inc. - Peter Kusvk & Kurt Dalbey Name of Applicant: Harper Righellis, Inc. - Attn: Tony Righellis Address of Applicant: 5200 SW Macadam Ave. Suite 580 City: Portland State: Oregon Zip: 97201 Address of Property: 7607 SW Landau Street City: Tigard State: Oregon Zip: 97223 Tax Map(s) /Lot No(s).: WCTM 1 S125CD, Tax Lot 04000. Request: > A request for the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into eight (8) lots ranging between 6,568 square feet to 8,254 square feet; 2.) Planned Development Review to allow lot sizes less than the minimum 7,500 square feet required by the zone; 3.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map; and 4.) A Variance request to allow a cul -de -sac to provide access to 22 dwelling units, whereas, the code states a cul -de -sac shall not provide access to greater than 20 dwelling units. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. Zone: Residential, 4.5 Units Per Acre - 7,500 Square Foot Minimum Lot Size; R -4.5. The purpose of the R -4.5 Zoning District is to establish standard urban low density residential sites. The R -4.5 zone allows, among other uses, single - family residential - units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. Action: > ❑ Approval as requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:9 THE DECISION SHALL BE FINAL ON NOVEMBER 19, 1997 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON WEDNESDAY NOVEMBER 19,1997. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639 -4171. SUB 97.0006/PDR 97- 0004/ZON 97- 0005/VAR 97 -0016 TIGARD WOODS SUBDIVISION NOTICE OF FINAL ORDER NO. 97-06 PC BY THE PLANNING COMMISSION • .s,'.'; 'M.. ...1' , ' /r,.: � ;". '...; k: - `i 'i. r t ;j i y :. .'t` rr >` � ;::i `? �;.` .: ,.�i ` 'i s : t ",+' • A,iff`r� c fT Y" C ITY F Tl � i R ii.. GA , t .; r,. �IN :art:• ��_� P NN � MISS 0 • G C ;' : CITY OF TIGARD yy2y • ..$}r_ s.�.:^�% ` >,+. � :7.:r x^'' -`:"• - 1*:.pn :y':%:,.« 4ti':c :.x'•'�i. % ".�: 3}`. 'r5 �",x- ;...r: 3 "" wb�'. � �T 'SC:: �''�.t , :•3,< •;.':� � Y�;" S d ro ...tl' °. `:i "�.::,'d"i _ _� '07-0t ' <,S�Ky.- 'p { . -s,', �". :a. .'� ry.�'.�+ %. •t11�._f q>`:Sy ,.'£ -'Y. w v.Y:Y:.F'}�",'> :4� 3 L • t .'i; i-� .,.zn , `'rs.: a- '...':.. =`. �.'g,i: .f:w - .3•--a v'.f,.,., . q ty >. ' L'i;sr f . r , . DZ , FIHA ORDER NO.: PC 4 : x k x %v. >`5•: n'3yY „ ? / r, r3` >:� € ,•., .;e%4af7:�- ";. °;_ RAF .v »s:.!k�r.,,r<,x;J. < :-vA': J:.".,,;' a.!`•; .,r.,., •°' 3,'z^`• :"};�N , S�..��p�� p(,LiGl , l': Ora{�j� ++t� ,e., .. }.% .r r.. 1 ...: 1✓ '•4:':6j'!r• %.Y; x"a m- :er:. ?t_: ". _r. KC�$a. < .. . w- ':4.n.. A< . " :.tk. ., rr..> .. '•H .x. ...tAC. �e..ir "t. >..s. .. ^..a...v.:1.:hih.ia. - • �' %. w.r, r. A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS APPROVING•-AN APPLICATION FOR A SUBDIVISION, PLANNED DEVELOPMENT, ZONE CHANGE AND VARIANCE SECTION I. APPLICATION SUMMARY CASES: FILE NAME: TIGARD WOODS SUBDIVISION Subdivision SUB 97 -0008 Planned Development Review PDR 97 -0004 Zone Change ZON 97 -0005 Variance VAR 97 -0016 PROPOSAL: The Applicant Requests The Following Development Applications: 1. Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into 8 lots ranging between 6,568 square feet to 8,254 square feet; 2. Planned Development to allow lot sizes Tess than the minimum 7,500 square feet required by the R -4.5 zone; 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map; and 4. Variance request to allow a cul -de -sac to provide access to 22 dwelling units, whereas, the Code states that a cul -de -sac shall not allow access to greater than 20 dwelling units. APPLICANT'S Tony Righellis OWNER/ Beacon Homes, Inc. REP.: Harper Righellis, Inc. APPLICANT: Peter Kusyk & Kurt Dalbey 5200 SW Macadam Avenue 9500 SW 125th Avenue Suite 580 Beaverton, OR 97008 Portland, OR 97201 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 4.5 Units Per Acre - 7,500 Square Foot Minimum Lot Size; R -4.5. LOCATION: 7607 SW Landau Street; WCTM 1S125CD, Tax Lot 04000. The site is located at the northwest comer of the intersection of SW Landau Street and SW Landau Place. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97 -0004/ZON 97- 0005NAR 97 -0016 PAGE 1 OF 20 SECTION II. DECISION Notice is.+hereb 'y" iven that the' P lan n in " ''Cefrith ission has AP PR O VED t he I'O O saC''` r.' ' : rr x , �, 9 ^" S . . 3x:i x..-'� .�'. '.�' °'.. c, °:`x:' "�s4a t y« = x, "cw' ,. >, as ' ".;r:",.. aQ �. :.,g, < .f'h r.•,r: }: -. ,."r " " " ^. i iw-q� :.:r "� _f . # .: 5 .;: J MAY =% _ sz ;sub ectrto certairvcon of a rorral The =findin!" s >randxconclusions =: d -x ° >. : xpi >. �'.:: �;;�,y .T } >y. K: ,'.� ? i •,?.P. '� ' , r' "R,n;.uH ` ..os;.i•; = , x, ". 6 ';:,',+•y - a. h.:•'• .': i.;.. .. :w: ' °'�'•°' -a;:. r�a "r; r f: w � ^r 'C'^�':. _,''�.•' ,-•. i'g` =F_ � "<. .r...:.:_f. <.. .tea-; -�,�' :;' _ ::t< i. c' =; ON El Ittie := decision is,,basedCare!.noted CONDITIONS OF APPROVAL .r'Lw of , yg<A , "4:4 J'd;s.' r ': ::.6?�a:' ' .::� > >u :: ..; .. . ;'Sss..?a.<:t " ,,:«7Q::. - :s:.z - *ti r✓s»*<.:a.:ss v,:Wo-,3w° IN E , s»as.1. W4,,, ipso-' a- rix;+';t- s.tta;<+s:,ko:.,. r_a ......r.'- <.•,<. -- .....- .- .... -._ ALCM` C" ONDITIONS' SHALLhBE' S? ATISFERIOR1T 'INGI;TH'FALLPLAT 1MTH 7 ,... ,..:�,y i •:srr.s, " d... " „».,, .«;r, � r . , -� °,: -' �' ; �t.�: ^.a%r >r.. *_ ° 4 ra ;,.'v`.ia >i.' = °�rfs . - ,;<. �. -.,. H « .<. RECoRD . �Ni�;. s. .,.• n., nw:.... -.;: ,. _ -- - ,..r.?. : _: �i WASHINGTON` CO;UN _3 THERWIS THE FORALL r$a. :;: M..> .'. , ".. a % .w.s;�v�:� •s,,,;: «•, <.k v ._< :vs, � < c .xtv -; u`a•= �Y,,:.ti.,.is,.,.. r �'_;s >: ::= .z �:,•:.c. , CONDITIONSIS BRtANFiAGERWITIiT HEeENGINE'ERINGDEPARTME ,.:.�.., � f 503)63�4: 1. Prior to issuance of a building permit, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements.) Public improvement plans shall conform to City of Tigard Public Improvement Design Standards which are available at City Hall. • 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. 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. 4. The applicant shall dedicate on the face of the final plat additional right -of -way at the comer of SW Landau Street and SW Landau Place to provide a right -of -way radius of 20 feet. 5. The applicant shall construct standard half- street improvements along the frontage of SW Landau Place. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 16 feet; B. curb; C. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff; D. five (5) -foot concrete sidewalk; E. streetlights as determined by the City Engineer; F. underground utilities (NOTE: the applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities); G. street signs; and H. driveway aprons. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-06 PC SUB 97- 0008/PDR 97 -0004/ZON 97- 0005NAR 97 -0016 PAGE 2 OF 20 6. The applicant shall conct standard half- street improvem s along the frontage of SW Landau Street. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline to match existing pavement width, which appears to be 17 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. curb; D. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff; E. 5 -foot concrete sidewalk; F. street striping; G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities); I. street signs; J. driveway apron; and K. adjustments in vertical and/or horizontal alignment to construct SW Landau Street in a safe manner, as approved by the Engineering Department. 7. A profile of SW Landau Street shall be required extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 8. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's public improvement permit. 9. A manhole will be required at the end of any public sanitary sewer line. 10. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 11. The design engineer shall indicate on the grading plan which lots will have natural slopes between 10 percent (10 %) and 20 percent (20 %), as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 12. Prior to approval of the final plat, the applicant shall pay the fee in -lieu of constructing an on -site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square feet of hard surface is assessed to each individual lot. Payment of the fee can be split into two (2) parts: A. the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat (the applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalk in order for the fee above to be calculated); and B. the portion assessed to each lot ($180 /lot at present) can be paid at the time building permits are issued for the individual lots. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 3 OF 20 13. The applicant shall provlllE a street tree plan that provides st t trees in accordance with the provisions of Section 18.100.035. A bond or other method of assurance shall be provided prior to approval of the subdivision plat in order to insure planting of the required street trees. Prior to release of the bond, the street trees shall be planted. STAFF CONTACT: Will D'Andrea, Planning Division. 14. The applicant: shall,provide a,planting_plan that shows the number and species of mitigation trees - to be planted. Th is plan shall discuss the viability of the proposed plantings given the dense planting. The applicant shall further provide a plan for the remaining required mitigation. STAFF CONTACT: Will D'Andrea, Planning Division. 15. The applicant shall: A. post a bond to insure planting of mitigation trees; B. record a deed restriction for those trees that are to be preserved; and C. construct the recommended tree protection measures for these trees prior to commencement of construction. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die, or be determined to be a hazardous tree by a Certified Arboculturist. STAFF CONTACT: Will D'Andrea, Planning Division. 16. A demolition permit will be required for all existing structures and all utilities shall be removed. 17. Plans reviewed and approved by Tualatin Valley Fire and Rescue. :.,����' " :3: `� 3 °` .� ^kx.`� «p,r <t:K,.. •s.� ;:� °�.;a , a�� �a:a;:ec�.:- .:.:: :�- .-. =•�_ - �.,. ',� .stfi�..'. ;: :Xs . =PRIOR TO;THE CE= "OF A BUILDING PERMIT FO r LOWING . #, a -� w�A�r�, ... �v �;�: � �.� >;�� �.k � :��-. �:CONDITION�SHALL - �B �S „ "° �'Y. =,'� �c,P, .,, zp:.'�': - .rte r..�: -. ez - y �•r�a •,:y - ...: �•'> ":.tn ; Unless othervirise the ff contact =shat!. _ ,,� _ 'sta _ tie: Bran''Rage�, • ?r: �5%Y' ^� 3 3fikS`u's 'rf`f^' �� ;� t :.t : . -. ✓�'rm »9, c:; '•F• ..... .."':*vk•.,...t +;: .._,M...,^.£3.:..�?Ss'•s:- ....... .s7:..�:::�:,'i1,...x... _.xc ...�,'t:a> `," ZY :'.::v�:::?c:_...;;F's...,... �1r'��'.'x::":�c-..�.w . ,.. _ _ �rs':;.. rt..� 18. Prior to issuance of building permits, the applicant shall provide the Engineering Department with one (1) recorded mylar copy of the subdivision plat. 19. Prior to issuance of any building permits within the subdivision the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: A. all utilities are installed and inspected for compliance, including franchise utilities; B. all local residential streets have at least one (1) lift of asphalt; C. any off -site street and/or utility improvements are completely finished; and D. all street lights are installed and ready to be energized. 20. The applicant shall pay a $295.00 Final Plat Review Check fee prior to submitting the final plat to the City for review. STAFF CONTACT: Will D'Andrea, Planning Division. 21. A letter from the consulting • arborist that verifies that tree protection measures have been installed according to the tree protection specifications submitted with the application. 22. The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved and that plans shall be submitted to the Fire Marshall's Office for review and approval. The plan shall be revised to address Tualatin Valley Fire District's comments listed under SECTION VI: AGENCY COMMENTS within this staff report. CONTACT: Gene Birchill, Tualatin Valley Fire District at 526 -2469. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 4 OF 20 • PRIOR TO THE ISSUANCE CCUPANCY`PERMITS, THE FOLL ® IN'G'yCONDITION': 'SHALL ; BE SATISFIED UNLESS'OTHERWISE NOTED, THE STAFF CONTACT;SHALL BE WILLIAM ' : D'ANOREA WITRTHEttrrOF:_TIGARD PLANNINGNDIV1S10NAT 503 639 =41:7 23. All site improvements installed per the approved plans. ".., �.. :._ . -:: <.,.- •�;:; a, -, •ter <, >:d:� -: ; ,..,=,.. .;:. -: -: ti -;: ... `IN ADDlT10N THE >A ,:PLICANT =SHOULD BE:WOREoOFrZHE FOLLE3WING:iSE 106:1S-`OF`z << se�w;�;°-M9,0 - '°&ss� > , :, %c «:7s � :� ° 4 e r ^;.�rw �; :, ,.- i =a r6 y COI�ItM N1TYw =DEVELOPMENTx:C.ODE < -THIS IS NOT A %EXCLUSIVE =LI �.- S w;c z, .ate =ts,:�.^ctr.�✓�;sa��.��i. z;;' � .a :ru.x°s. %: '� s = :N•..,�:,� rc�e38' s" ot�stn, ��a�:.', x,- .^.;.�- saa ^�.«�:cz�:�.�;.r! aa' < + «: �' fs ;. �;�,:;:r,��«;aa ±.Ra.;�. , � IMPROVEMENT AGREEMENT - Section 18.160.170 Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. 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 - Section 18.160.180 As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. 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 3. Cash. The subdivider shall fumish 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 subdivider shall not cause termination of, nor allow expiration of said guarantee without having first secured written authorization from the City. FILING AND RECORDING - Section 18.160.190 Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 5 OF 20 FINAL PLAT APPLICATION SAISSION REQUIREMENTS - Secti 18.162.080 Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. Street centerline monumentation shall be provided as follows: Centerline Monumentation: In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights -of -way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set:: 1. all centerline- centerline intersection points; 2. all cul -de -sac center points; 3. curve points, beginning and ending points (PC's and PT's); and 4. all centerline monuments shall be set during the first lift of pavement. Monument Boxes Required: Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points; and The tops of all monument boxes shall be set to finished pavement grade. STREET & UTILITY IMPROVEMENT STANDARDS - Section 18.164 Utilities - 18.164.120: 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 - 18.164.130: All improvements installed by the subdivider 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 18.160.180. Installation: Prerequisite /Permit Fee - 18.164.150: No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 6 OF 20 Notice to City Required - 18.16•0: • 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 Required - 18.164.200: The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. _ _ _ 54;: ( ' ✓1" Yt a .:fd.'.: I «4,%rv.ffi.w'm1:_.%F_ -.i.' . �!: zw.f. .'^^ ti 4' �'£i:'�°. : V= ':i'.. - _ - `4: - 'k.- <'C"ic ;Y..-kCl. • e'_3: -':r*: 3i7: _ °'z ATHIS -APPR01/ALSttALLBEYALI`FOR:.:1M ;,.._,x..:r' 4 -:'„ ., '.F.. »R:. /«.. ..*3 :. AC." .' ^ . -Tko•i Y4 b.':'i.s3[v5't; �'.'d G:£:'..:N ±e't!*,�Y :4v:P..s.�bvt:.::`.:S; tC�J�- 's�'i+x �r+`a ia:.:'>Ya$4,:. v.16 °9'6a ':',t`. , %':' %: y." 'by' �s� '�s�.'� is�. • °{ % 'g.r..�:,,.;;.i:� =:: . " ' <; r". r, <. r r '> � �s ;FROM:`T IE EFFECTIVE DATE OI=,'CHIS DECISION: ;:. ,. , C.01-;,47 oa. ,.„s <.... ......._ ._ si�. i�✓: r3kor�. ar. �!: xa. s. a..; �, r .ix;i.�:aai.- ai= .....-..c.aC,=u ;;v?i- r.•�"_.r1+�:w.r., e; a<' w. �3.: :r...vY�'.bfi..:7u.�.;r��:s=''f f�in.� ., -... v._ .�. r.*: �.., .3 .�i S SECTION III. BACKGROUND INFORMATION Site History: The property was annexed into the City of Tigard in 1991 (ZCA 91- 0015). The zoning of the property was changed from Washington County R -5 to City of Tigard R -4.5. No other development applications were found to have been filed with the City. • Vicinity Information: Property to the north and east are within the City of Tigard and are zoned R -4.5. Property to the south and west are in Washington County and are zoned R -5. The surrounding area is predominantly developed with single - family residences. Site Information and Proposal Description: The 1.4 acre site slopes towards the north and east from an elevation of 258 feet at the intersection of SW Landau Street and SW Landau Place, to an elevation of 230 feet. The site presently has a mixture of 128 trees of Douglas Firs and Western Red Cedars. There is an approximately 1,000 square foot swale area that contains slopes greater than 25 percent. The property is developed with a single - family residence and accessory structure. The applicant is proposing the following land use development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into eight (8) lots ranging between 6,568 square feet to 8,254 square feet; 2. Planned Development Review to allow lot sizes less than the minimum 7,500 square feet required by the R -4.5 zone; 3. Variance request to allow a cul -de -sac to provide access to 22 dwelling units, whereas the Code states that a cul -de -sac shall not allow access to greater than 20 dwelling units; and 4. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 7 OF 20 SECTION IV. APPLICAIE REVIEW CRITERIA AND FINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has proposed to dedicate 134 square feet of right -of -way and half- street improvements on both SW Landau Street and SW Landau Place (local streets). The applicant's proposal for improvements provides for their share of local street improvements needed to serve this development in conjunction with the standard improvements that are required of all other properties. In other words, the applicant is paying only for their portion (or segment) of the local street system. Section 18.164.030.A.1 states that no development shall occur unless the development has frontage or approved access to a public street and that streets within and adjacent shall be improved in accordance with ordinance standards. Therefore, this proposal satisfies the standard. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $179.00. The total TIF for an attached, single - family dwelling is $1,790. Based on past City purchases of residential property for street ROW, residential property is assessed at $2.00 per square foot. The applicant is being required to dedicate an additional 134 square feet of right -of -way at the intersection of SW Landau Street and SW Landau Place. Assuming a cost of $2.00 per square foot, it is estimated that the total cost of the dedication is $268.00 (134 sq.ft. x $2). Upon completion of this development, the future builders of the residences will be required to pay TIF's of approximately $12,530.00 ($1,790 x 7 dwelling units). Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is $39,156.00 ($12,530 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $12,530.00, the unmitigated impact can be valued at $26,626.00. The total estimated cost of the dedication is approximately $268.00. Given the estimated unmitigated impact of approximately $26,626.00, the difference in the conditioned items and the unmitigated impact is approximately $26,358.00. The City finds that the conditions meet the rough proportionality test. Dimensional Requirements: Section 18.50 states that the minimum lot area for each single - family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet. As indicated on the site plan, each of the newly created lots will exceed the minimum lot width requirement. The applicant will be creating lots under the planned development provisions, thus allowing three (3) of the proposed lots to be less than the minimum 7,500 square feet. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 8 OF 20 Setbacks: Section 18.50 stathat single - family detached residlial units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet* Average lot width 50 feet* • Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks on Tots 1 and 3 -8 will be reviewed during the building permit review process. However, as indicated on the site plan, these lots can accommodate the required setbacks. As indicated on the plan, the existing residence on lot 2 complies with the applicable setbacks. * Because the project is being reviewed under Planned Development standards, the minimum lot size, average lot width and lot depth standards do not apply to this development Planned Development: Section 18.80 allows the option for an applicant to create a more efficient, economically viable development that preserves natural land features while implementing the density range provided through the Comprehensive Plan. This type of subdivision normally permits higher density than would be possible given the minimum lot size requirement for the zoning district. The applicant has applied for Planned Development approval in order to provide an efficient and economically viable development that preserves natural land features by preserving a large area of the natural land features while developing at the maximum allowable density. • THE PLANNED DEVELOPMENT REVIEW IS A THREE (3) STEP PROCESS AS FOLLOWS: 1. approval of a planned development overlay zone; 2. approval of the planned development concept plan; and 3. approval of a detailed development plan is also required. The Planned Development Overlay Zone has not previously been done for this property. For this reason, when the subdivision is recorded, a Planned Development Overlay would be designated on the zoning map. Because the underlying development application is for a subdivision, Section 18.80.015(E) allows the Conceptual and Detailed portions of the Planned Development Review to be consolidated, as proposed through this action. Section 18.80.060 states that a planned development shall not be allowed in residential areas located in areas designated as "Established Areas" on the Comprehensive Plan map except, the Commission may approve a planned development within an "Established Area" where the Commission finds: 1. Development of the land in accordance with the provisions of the "Established Area" would: A. result in an inefficient use of land; B. result in removing significant natural features; or TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97 -0005NAR 97 -0016 PAGE 9 OF 20 C. result in a chan9of the character of the area surinding a significant historic feature of building; 2. The planned development approach is the most feasible method of developing the area; and 3. The site is of a size and shape that the compatibility provisions of Chapter 18.92 (Density Computations) can be met. The subject property is designated as an "Established Area." Development under the Planned Development regulations would result in a more efficient use of the land as the site would be allowed to be developed at the maximum allowable density of the zone. This proposal has an average lot size of 7,652 square feet with only three (3) Tots being less than the minimum 7,500 square feet, the other five (5) lots exceed 8,200 square feet. By allowing these lot sizes, the planned development allows the creation of lots that are regular in shape without the need for flag Tots that require a greater percentage of lot area to be graded and covered with impervious surfaces because of the need for long driveways. It eliminates the need to fill and pipe the small swale on the property and locate homes in that area, allows more existing trees to be retained, and allows more on -site area for tree mitigation because of the reduced need to cover land with impervious surfaces. Without developing the site as a planned development, the result' would be a subdivision with either less lots, less trees, no natural swale or a combination of these. This would result in an inefficient use of the land and/or the removal of more natural resources. The property does contain sensitive lands (25 percent slopes) which may have been impacted if the developer were to choose an altemative site design. These slopes are not designated as significant natural feature. There are no historic buildings in the area that would be affected by this proposal. The proposal will provide lots in accordance with density calculations. Section 18.80.130(A)(1) (Planned Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of other Community Development Code Sections. The applicable criteria in this case is Oregon Revised Statutes 197 and Chapters 18.32, 18.52, 18.80, 18.84, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. The proposal's consistency with these sections have been reviewed elsewhere within this report. The proposal contains no elements related to the provisions of Code Chapters 18.96 (Additional Yard Setback Requirements), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.80.120.A.2. These Chapters are therefore found to be inapplicable as approval standards. Code section 18.80.120.A.3 provides other Planned Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.80.120.A.3.c (Privacy and noise), 18.80.120.A.3.d (Private outdoor area: Residential Use), 18.80.120.A.3.e (Shared Outdoor Recreation Areas: Residential Use), 18.80.120.A.3. Public transit), 18.80.120.A.3.j (Parking), 18.80.120.A.3.I (Floodplain dedication) and are, therefore, found to be inapplicable as approval standards as these criteria have, in the past, been applied only to multi - family development. SECTION 18.80.120(A)(3) PROVIDES FURTHER REVIEW STANDARDS FOR PLANNED DEVELOPMENT THAT HAVE BEEN ADDRESSED BELOW AS FOLLOWS: Relationship to the natural and physical environment: Section 18.80.120.A.3.(a) states that the streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible and that trees TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 10 OF 20 with a six inch caliper measuud at four feet in height from gm" level shall be saved where possible. The applicant has proposed a plan that will preserve the existing trees and topography to the greatest degree possible by .designing the subdivision to minimize the need for grading. The applicant is only proposing to disturb existing vegetation and topography within the building envelope of the proposed residences. The applicant will be retaining 51 percent of the existing trees greater than 12 inches in diameter and will be mitigating 50 percent of the caliper inches for those trees removed. Buffering, screening, and compatibility between adjoining uses: Section 18.80.120.A.3.b states that buffering shall be provided between different types of land uses. It also states that in addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.100: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. The proposed single - family detached residential Tots do not require buffering or screening as addressed in the Buffer Matrix Section 18.100.130. Access and circulation: Section 18.80.120.A.3.f states that the number of allowed access points for a development shall be provided in Chapter 18.108, all circulation patterns within a development must be designed to accommodate emergency vehicles, and provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. The design of the proposed street improvements have been reviewed by the Engineering Department, the Police Department and the Fire District. The Engineering Department reviewed street improvement requirements in detail elsewhere within this report. Completion of the existing street, as proposed, complies with the standards of the Community Development Code and is reviewed elsewhere within this report. Landscaping and open space: Section 18.80.120.A.3.g states that in a residential development a minimum of 20 percent of the site shall be landscaped. Because the applicant has proposed to maintain a large portion of the site as open space and tree mitigation area, the plan is in compliance with the 20 percent requirement. Drainage: Section 18.120.030.A.3.k states that all drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.84 and the criteria in the adopted 1981 master drainage plan. The Engineering Department reviewed this application and determined that the capacity exists within storm drainage facilities upstream and downstream of the development to handle the increase in runoff caused by additional impervious surfaces to be developed on this site. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development. A lot meets the basic solar access lot standard if it has a north -south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east -west axis. A subdivision complies with the basic requirement if 80 percent or more of the newly created parcels meet this standard. Lots 1 -3 satisfy both the front lot line orientation and north -south dimension requirements. Section 18.88.040(E), however, allows the approval authority to exempt new lots from the solar access standard in certain cases, including situations where existing right -of -way (ROW) prevents lots from being oriented for solar access. The existing orientation of SW Landau Place and the configuration of the subject site prevents proposed lots 4 -8 from being orientated for solar access. Therefore, parcels 4 -8 are except from the solar access standard. It should be noted that new structures must comply with the Solar Balance Point Ordinance even if a lot has been exempted from the basic solar requirement. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97 -0005NAR 97 -0016 PAGE 11 OF 20 Density: Section 18.92.020 cains standards for determining ft permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area of the site is approximately 61,353 square feet. The net developable area of the site (after deduction of 134 square feet for public right -of -way and 1,001 square feet for land exceeding 25 percent slope) is approximately 60,218 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to eight (8) lots under the R -4.5 zoning designation. The applicant is proposing eight (8) lots and, is therefore, in compliance with the density requirements. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. Street Trees: Section 18.100.035(B) states the specific spacing of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; 2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart. The plans (Sheet 4 of 9) indicates that Little Leaf Linden street trees will be provided at 30 -foot spacing. The plans show that the spacing of these trees range between 28 and 66 feet. This species of tree can be classified as a medium -sized tree, therefore, the spacing shall be no greater than 30 feet. A revised street tree plan shall be submitted that provides street trees in accordance with the provisions of this section. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the deposit, all street trees shall be planted. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 -foot distance along the street right -of -way and the driveway and then connecting these two 30 -foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Through the Building Permit Plan Check process, setbacks of the structures will be reviewed for compliance with the Clear Vision standards. Parking: Section 18.106.030.(A) states that each lot is required to provide 2 off - street parking spaces. Compliance with parking requirements will be reviewed for compliance during the Building Permit Plan Review process. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 12 OF 20 Access: Section 18.108.070 •es that the minimum access wilt required for a single - family detached dwelling is fifteen (15) feet with a minimum pavement width of ten (10) feet. Compliance with minimum access standards shall be reviewed during the Building Permit Plan Check process. The proposed plan shows that minimum access standards can be satisfied. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. This section requires a program to save existing trees or mitigate tree removal for trees over 12 inches in caliper. The applicant has provided a report and plan that identifies all existing trees greater than six (6) inches in caliper. The inventory identified 83 trees greater than 12 -inch caliper. The arborist has identified ten (10) trees which are considered hazardous and will not be counted in the inventory for mitigation calculations. The total number of trees greater than 12 -inch caliper used for mitigation purposes is, therefore, seventy - three (73) trees. The proposed plan will be retaining thirty -seven (37) trees greater than 12 -inch caliper. Since the applicant is retaining more than 50 percent of the seventy -three (73) existing trees, Section 18.150.025(B)(2)(c) requires that 50 percent of the trees to be removed be mitigated. The applicant has provided an area for tree mitigation on the back of lots 4 -8 and is proposing to plant approximately 100 trees within this specified mitigation area. The applicant shall prepare a planting plan identifying the location of these proposed mitigation trees. This plan shall discuss the viability of the proposed plantings given the dense planting. The applicant shall further provide a plan for the remaining required mitigation. Section 18.150.045.8 states that any tree preserved or retained in accordance with this section may, thereafter, be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.B., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree(s) may be removed only if the tree dies or is hazardous according to a certified arborist. Prior to recording the plat, the applicant shall: 1. post a bond to insure planting of mitigation trees; 2. record a deed restriction for those trees that are to be preserved; and 3. construct the recommended tree protection measures for these trees prior to commencement of construction. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more Tots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as with the applicable policies and regulations of the R -4.5 zone and other applicable ordinances and regulations. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 13 OF 20 • 2. The proposed plat nit must not be duplicative anust otherwise satisfy the provisions of ORS Chapter 92. The proposed name of the subdivision, Tigard Woods, is not duplicative of any other plat recorded in Washington County. 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. The site does not abut properties with approved plats that would require conformity or connectivity with the plats of adjoining areas. Southwest Landau Street and SW Landau Place will provide for both adequate and safe access to the lots in this subdivision. 4. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements including the provision for public services such as sewer, water, drainage and street improvements. Subdivision Variance - Maximum number of dwelling units served by a Cul -de -sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. The applicant states that by variance approval during the development of Landau Woods, SW Landau Place was allowed to exceed the 400 foot maximum cul -de -sac length by approximately 200 feet. Eight (8) dwelling units in Landau Woods access the cul -de -sac in that last 200 feet. That is half the current total number of dwelling units on the cul -de -sac. At the time of that approval, the total number of accesses should have been considered and a variance also approved to allow greater than 20 dwelling units based upon allowable density of the undeveloped parcel remaining on the street. Not doing so has placed a burden on the subject parcel that fronts entirely within the code allowed 400 foot length. Staff concurs with this assessment. If a variance were not approved, the subject property would only be allowed four (4) dwelling units on SW Landau Place. Given the width of the frontage along SW Landau Street and the location of the existing residence, it would be difficult to provide sufficient access and lot layout to accommodate four (4) lots that access onto SW Landau Street. The variance is necessary for the proper design or function of the subdivision. The proposed subdivision provides for lots that are compatible with adjoining and surrounding lots in the manner they are oriented towards the street. Lots 1 and 4 would have to become flag lots that directly access SW Landau Street with the flag for both lots being where lot 1 is currently proposed. The buildable area for lot 1 would then be in the proposed backyards of lots 4 and 5 and would reduce the potential for on -site tree mitigation. This altemative layout is not desirable for future homeowners and adjacent neighbors. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property. Granting of the variance to allow greater than 20 dwelling units onto a cul -de -sac will not be detrimental to the public or injurious to the rights of other properties. Southwest Landau Place is otherwise designed to meet City street standards. Allowing an additional two (2) dwellings on the cul -de -sac should not significantly interfere with adjoining property. The only potential concem is the width of the street where the curb protrudes into SW Landau Place across from the proposed lot 3. Parking on both sides of the street could provide some restriction of the street width. The applicant has shown the driveway location for lot 3 to be placed in such a manner to discourage parking in this area. The parking situation exists whether or not the variance is approved. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 14 OF 20 The variance is necessary foe preservation and enjoyment Oa substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. The extraordinary hardship does not relate so much to the preservation of a substantial property right as it does to City standards and potential hardship to both the subject site and adjoining properties. The applicant argues that prior variance approval created a hardship and denigration of property rights for this parcel. Allowing the additional cul -de -sac length and eight (8) dwellings within that added length burdened this property by overly limiting logical direct access to a fronting street. If the previous length variance had been denied or proper consideration of this fronting property's future access needs had been incorporated, this property could develop as proposed without the need for the variance. The altemative site layout previously described would require the construction of a 140 -foot long private driveway in a tract that serves two (2) lots. This is an unnecessary development expense. This private drive would be very close to two existing Tots on the west inducing vehicle noise to these parcels that is otherwise not necessary. Additionally, the potential for on -site tree mitigation would be reduced by about 40 percent and grading would have to occur in areas currently not proposed. This altemative layout is not desirable for future homeowners nor adjacent neighbors and would likely be considered a hardship to those adjacent neighbors. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Street Improvements: Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. This section is satisfied as the existing right -of -way along SW Landau Street and SW Landau Place is adequate and a half- street improvement will be constructed. Minimum Rights -of -Way and Street Widths: Section 18.164.030(E) requires a local street to have a minimum 44 foot right -of -way and 28 foot paved section between curbs and sidewalks. As indicated on the site plans, existing right -of -way is adequate and the applicant will be completing half - street improvements, in accordance with this standard. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. Street stubs to adjoining properties are not considered to be cul -de -sac since they are intended to continue as through streets at such time as the adjoining property is developed. The proposed plan shows how the adjacent properties are developed and the existing street system which supports those developments. Given the existing development pattem, it is not necessary, nor possible, to extend the proposed street to provide for future connections or to facilitate future division of adjoining land. Street Alignment and Connections: Section 18.164.030(G) requires all local streets that abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. This section is not TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 00042ON 97- 0005NAR 97 -0016 PAGE 15 OF 20 applicable as there is no existinnocal street that abuts the property Och would require extending or through circulation. The extension of streets are precluded for reasons discussed immediately above. Cul -de -sacs: Section 18.164.030(K) requires that a cul -de -sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. Southwest Landau Place is approximately 600 feet in length. This cul -de -sac length received a variance and was created through the Landau Woods subdivision, which was approved in 1991 (SUB 91- 0006NAR 91- 0009). There are sixteen (16) Tots currently using the cul -de -sac. The proposed subdivision would create an additional six (6) Tots, for a total of 22 Tots, that access the cul -de -sac. This section states that a cul -de -sac shall not provide access to greater than 20 dwelling units. The applicant has applied for a variance to allow greater than 20 dwelling units to be served by the cul -de -sac. Staff has recommended approval of this variance. The basis for this recommendation and findings are discussed in the variance section (18.160.120). CURBS, CURB CUTS, RAMPS, AND DRIVEWAY APPROACHES: Section 18.164.030(N) requires the following: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and; 1. concrete curbs and driveway approaches are required; except 2. where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and 3. asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. Through the required engineering plans, these street improvements will be reviewed and approved by the Engineering Department for the applicant's frontage within the subdivision. Curb, gutter, and sidewalk for these streets will be provided in accordance with City standards. Block Design: Section 18.164.040(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. The applicant has no control over the existing street pattern, nor will this application alter the existing block configuration. The proposed lots within the subdivision will allow for adequate building sites. Block Sizes: Section 18.164.040(B)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except: 1. where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development or; 2. for blocks adjacent to arterial streets, limited access highways, major collectors or railroads; and 3. for non - residential blocks in which internal public circulation provides equivalent access. This criteria is not applicable as the site is constrained from meeting the specified block perimeter due to existing development pattems. TIGARD WOODS SUBDIVISION PLANNING COMMISSION ANAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97-0005NAR 97 -0016 PAGE 16 OF 20 Block Lengths: Section 18.1•040(B)(2) states that when bloclengths greater than 600 feet are permitted, pedestrian and/or bikeways shall be provided through the block. Given the existing surrounding development, the provision of a pedestrian connection is not feasible. Lots - Size and Shape: Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. Planned Development provision 18.80.080.A.1 states that the lot depth standard does not apply. Therefore, because this application was filed as a Planned Development Review, this standard is not applicable. Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. The minimum frontage width standard is met for each of the eight (8) lots because they have a minimum of at least 42 feet of frontage on a public street. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. Sidewalks have been proposed to be provided along the SW Landau Place and SW Landau Street frontage. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: Streets: This site lies adjacent to SW Landau Street and SW Landau Place, both of which are classified as local residential streets on the City's Transportation Plan Map. There is presently 50 feet of right -of- way (ROW) on SW Landau Place and 60 feet of ROW on SW Landau Street; both streets have adequate ROW for their classification. The exception lies at the intersection of the two roadways where a curb retum radius must be constructed which will require an additional ROW dedication at the corner. The ROW radius will need to be a minimum of 20 feet. Half- street improvements are necessary on both frontages of this site in order to mitigate the additional traffic that will be generated by this development. The applicant's plan indicates that they will construct these improvements as a part of their project. The existing pavement on these streets appear to be in good condition and the applicant should be able to sawcut the existing edge of pavement and widen the pavement from there. The specific sawcut details would need to be reviewed by the Engineering Department as a part of the public improvement construction plan review. Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line in Landau Place, near the north property line of this site that can be extended further south in Landau Place to serve the majority of the lots in this project. The applicant intends to extend the sewer line, along with their half- street improvement, to a point near the midpoint of Lot 4. Lots 1 and 3 will be served from an existing sanitary sewer line in Landau Street. Lot 2 is presently served from the line in Landau Street. The applicant's plan shows a cleanout at the end of the proposed sewer line extension in Landau Place. The City will require the installation of a manhole at that point, as cleanouts are not allowed in a public street. Water: This site lies within the Tualatin Valley Water District (TVWD) service area. There is an existing public water line available in SW Landau Place which will be used by the applicant to serve the new lots. The water line connections shall be reviewed and approved by TVWD prior to approval of the public improvement construction plans. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97 -0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 17 OF 20 • Storm Drainage: • • There is an existing public storm drainage system that was installed as a part of the existing subdivision (Landau Woods). The existing storm line is located partly in Landau Place and flows adjacent to the north property line of Lot 8 in a westerly direction. Drainage from this site is proposed to be collected in a mainline pipe extension of the storm line. in. Landau Place. The applicant has submitted a downstream analysis of the existing storm system and has determined that there is adequate capacity to accommodate the additional storm runoff that will be generated from this project. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91 -47, as amended by R &O 91 -75) 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. The R &O provides that in certain cases, where sites are small and design of a water quality facility is impractical, the City could allow the applicant to pay a fee in -lieu of building a facility. In this case, the overall site is small, and buildable land is limited to where if a facility were required, the applicant would likely lose one (1) lot. In similar cases like this, the City has determined that the fee in -lieu is justified. Therefore, the applicant shall pay the fee in- lieu for water quality prior to approval of the final plat. Grading And Erosion Control: USA R &O 91 -47 also regulates 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 R &O 91 -47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. SECTION V. OTHER CITY DEPARTMENTS COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: 1. Condition: A demolition permit will be required for all existing structures and all utilities shall be removed. 2. Ensure that storm line "A" is deep enough to serve both the roof and crawl space drains of new homes. The City of Tigard Maintenance Services Department and City of Tigard Police Department have reviewed this application and have offered no comments or objections. SECTION VI. AGENCY COMMENTS The Tualatin Valley Water District (TVWD) has reviewed this proposal and has offered the following comments: Relocation of existing water meters by TVWD at developer's expense. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 18 OF 20 Tualatin Valley Fire & Res, reviewed this proposal and Red that the plan was not approved and that plans shall be submitted to the Fire Marshall's Office for review and approval that address the following comments: Fire hydrants for single - family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required in any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2). The minimum available fire flow for single - family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according 'to UFC Appendix Table A- III -A -1. (UFC Appendix III -A, Sec. 5). Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704). The Unified Sewerage Agency (USA) reviewed this proposal and provided the following comments: Sanitary Sewer: Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R &O 96 -44 (Unified Sewage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to up -hill adjacent properties or extend service as required by R &O 96 -44. The proposed sanitary sewer line in SW Landau Place exceeds the maximum allowable distance from a manhole to a clean out. The location of the sanitary sewer line in SW Landau Place does not meet the requirements as stated in section 4.03.2.a in R &O 96 -44. Storm Sewer: Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up -hill adjacent properties, or extend storm service as required by R &O 96 -44: Hydraulic and hydrologic analysis of storm conveyance system is necessary. If downstream conveyance does not have capacity to convey the volume during a 25 -year, 24 -hour storm event, the applicant is responsible for mitigating the flow. The proposed storm sewer line at the rear of lots 1,2, and 3 will require a public easement. The proposed storm sewer line does not meet the requirements for location as specified in section 3.05.4.a of R &O 96 -44. Water Quality: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. This subdivision does not meet the requirements for fee in lieu per Section 3.11.5.d of R &O 96 -44. Portland General Electric has reviewed this application and has offered no comments or objections. Other affected agencies have reviewed this application and have offered no additional comments or objections. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 19 OF 20 • • SECTION VI. CONCLUSION The City of Tigard Planning Commission has APPROVED, subject to the CONDITIONS OF APPROVAL contained within the staff report for: TIGARD WOODS SUBDIVISION - SUB 97- 0008 /PDR 97- 0004 /ZON 97- 0005NAR 97 -0016. IT IS FURTHER ORDERED THAT THE APPLICANT ANQALL PARTIES TO THESE • :`_ ?PROCEEDINGSIBE NOTIFIED OE°THE ENTRYOFTHIS ORDER. PASSED: This day of November, 1997 by the City of Tigard Planning Commission. (Signature box below) 1:-./e. 1 7.'f7 Nick Wilson, Planning CommissionPresident • • i:\Cu rpin \will\sub97 -08.df o TIGARD WOODS SUBDIVISION PLANNING COMMISSICN FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 20 OF 20 • \ 111V6,1 AREA BREAKDOWN LOTS 61,119 S. f. � ` � RIGHT Of WAY 134 S. F .\ \i TOTAL 61,353 S.f. • r CITY OFTI6ARD STORM DRAIN EASEMENT \ • 1 l• 741.*:.. 4; i \.. - . (r 1 - 1 1 ; ; Z . -I ::411.7 O . 1� ! I•l1 > Ci LO, r' a ; V CM • l•.:1 • . ! Z s . I _ - z La v •. I Z 1 11 es j I ^ i } I..f.i • C I Q ow= y as 3 ° Q - e E _ 1a r n: �. o I i t .;t3; : s LL rw r -• c 03 � k O - r i o I 1 i ' 1 - � ,. 1 I-- 1 I I U A 1 ,l.. ;ILI .', - - ..). _L_ _ _ _ S.W. LANDAU STREET S ITE PLAN SUBDIVISION ISOBl97-0008 PLANNED DEVELOPMENT mom 91-0004 EXHIBIT MAP ZONE 91 -0005 VARIANCE NCE M [YABAR I 91 -0016 110ARD W000S SUBDIVISION 1 , 0 • c��cr�sr n I I I S T I 7 -- 7. i I TEi 1 !V ! __:.1L__ . I L___ 1____pH I T. 1 1 1 1 -- F , sr 17:* I I 1 --J ' „ r------7-' _; a, ...,--, ... ____ 0_ 8 _ , Mill i . "EM. . 0) VP ill 111.1 Jai ill- 0 . illimuumm — 1 � N A. • H IIIIIIII Hr - 2 .____ a co _ Hiirlairl - ,_________ 11,. cm _ _ _ _L i i - - _ - H 1 4- 1 1— > I I 1 I ;� -Ti-1- - , - 0 1 l i 7 -- r -- -- . . 1 1 11 I 1 ! - n IL 11 l ° I 1 1 1 1r 1 1 1 i i 1r Vicinity Map E ' U ; � Vi . ' DR 97- 03 /ZON 97 -02 'N S ---- 1 Ir oods Subdivision . • • 40k. AFFIDAVIT OF MAILING C ITY Of TIGARD Community 'Deve opmeet Shaping ii ( &tter Communiry • SZVI Of" o coax ) _ County of Washington ) ss City of 'Tigard ) 1, PetrlCl2 L lonsftrd, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon. ❑ That I served NOTICE OF (AMENDED ❑) POBUC HEARING FO& cw r■.rtw.arrrq Mar NOM lerastotal {duet non.iate la SOW O City of Tigard Planning Director O Tigard Hearings Officer O Tigard Planning Commission O Tigard City Council 0 That I served NOTICE OF (AMENDED ❑) DECISION FO& 1o.dmrr ousomm s 0 City of Tigard Planning Director i That I served NOTICE OF (AMENDED ❑) FINAL ORDER FO& (m.r+m....corf r Vo {OW imineriste la Ms* O City of Tigard Planning Director O Tigard Hearings Officer Tigard Planning Commission O Tigard City Council ❑ That 1 served OTHER NOTICE OF FO& A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOIICEIS] of which is attached, marked Exhibit "A" ws mailed to ea named ,. - rs • n(s) at the address(s) shown on the attached list(s), marked Dt6 � • • the _day o f • r i�,.j �' 1991, and deposited in the United States Mail on the .' 4 day of ,% ,)` LAM ,19a postage prepaid. Itra? (Person mat Pfeil-are! c Subscribed and sworn/affirmed before me on the c7 day of 0 y , , OFFICIAL SEAL r • Y �� a DIANE M JELDERKS / ' ®+ NOTARY PUBLIC•OREGON kee `�4.� COMMISSION Nu 046142 �� n t i MY COMMISSION EXPIRES SEPTEMBER 07, 1999 N PUBLIC OF O ; GO My Commission Ex • (?(, RIF INFO_ 27 ew - 1 /PD ,91—c -4/ZDNGi a 7 ?&r0D MICOD5 NI6b VIS /Q'\) vigtqq-co (0 • • EXHIBIT A CITY OF TIGARD Community Development • • Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER NO. 97-06 PC a BY THE PLANNING COMMISSION Case Number(s): SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 Case Name(s): TIGARD WOODS SUBDIVISION Name of Owner: Beacon Homes, Inc. - Peter Kusvk & Kurt Dalbev Name of Applicant: Hamer Righellis, Inc. - Attn: Tony Righellis Address of Applicant: 5200 SW Macadam Ave. Suite 580 City: Portland State: Oregon Zip: 97201 Address of Property: 7607 SW Landau Street City: Tigard State: Oregon Zip: 97223 Tax Map(s) /Lot No(s).: WCTM 1 S125CD, Tax Lot 04000. Request: > A request for the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into eight (8) lots ranging between 6,568 square feet to 8,254 square feet; 2.) Planned Development Review to allow lot sizes less than the minimum 7,500 square feet required by the zone; 3.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map; and 4.) A Variance request to allow a cul -de -sac to provide access to 22 dwelling units, whereas, the code states a cul -de -sac shall not provide access to greater than 20 dwelling units. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. Zone: Residential, 4.5 Units Per Acre - 7,500 Square Foot Minimum Lot Size; R - 4.5. The purpose of the R -4.5 Zoning District is to establish standard urban low density residential sites. The R -4.5 zone allows, among other uses, single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. Action: > ❑ Approval as requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:9> THE DECISION SHALL BE FINAL ON NOVEMBER 19, 1997 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON WEDNESDAY NOVEMBER 19, 1997. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639 -4171. SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 TIGARD WOODS SUBDIVISION NOTICE OF FINAL ORDER NO. 97-06 PC BY THE PLANNING COMMISSION tlf 0 GAR : .p., - > "CITY Of TIGARD ..;�..;".. :ar`:_ ;'i:,:e.�r:aY'r�..? `t��'r':�.' �� '".' /.'- ,`ri`7,:e'.n '.rr,- ��'�r.: •....:. _ :q••. - y�%^ ';E u "ter °%° r i• � T s rs '.•c`. ,;� n ; • .;;• 4�. » x � : , ..` fonD�m z Deep/ /{�/ / /{�(�.� :.FINAL ORDERN0.,�9T 06P ; .� -�.�. _�:; •, :1 , . • .r .'f �'sp.,:..',:A',. :` "re T' LMat. k'»::'Xn+M^ •E. "'rY w`! s ri� �. Ccmununsty A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS APPROVING AN APPLICATION FOR A SUBDIVISION, PLANNED DEVELOPMENT, ZONE CHANGE AND VARIANCE SECTION I. APPLICATION SUMMARY CASES: FILE NAME: TIGARD WOODS SUBDIVISION Subdivision SUB 97 -0008 Planned Development Review PDR 97 -0004 Zone Change ZON 97 -0005 Variance VAR 97 -0016 PROPOSAL: The Applicant Requests The Following Development Applications: 1. Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into 8 Tots ranging between 6,568 square feet to 8,254 square feet; 2. Planned Development to allow lot sizes less than the minimum 7,500 square feet required by the R -4.5 zone; 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map; and 4. Variance request to allow a cul -de -sac to provide access to 22 dwelling units, whereas, the Code states that a cul -de -sac shall not allow access to greater than 20 dwelling units. APPLICANT'S Tony Righellis OWNER/ Beacon Homes, Inc. REP.: Harper Righellis, Inc. APPLICANT: Peter Kusyk & Kurt Dalbey 5200 SW Macadam Avenue 9500 SW 125th Avenue Suite 580 Beaverton, OR 97008 Portland, OR 97201 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 4.5 Units Per Acre - 7,500 Square Foot Minimum Lot Size; R -4.5. LOCATION: 7607 SW Landau Street; WCTM 1S125CD, Tax Lot 04000. The site is located at the northwest comer of the intersection of SW Landau Street and SW Landau Place. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. TIGARD W000S SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/POR 97 -00042ON 97- 0005NAR 97 -0016 PAGE 1 OF 20 SECTION 11. DECISIOS • N:s -he rebiy�giveri.. thattti eY�tarining .E'ommissionhas °�APPR01lED the � otice '•.a:: ?µ4 + >`- '' '°""^:7.1°M^ - .7+ �•* } .'. »•;•?v::a ..7, '� 3Cw' "''}' .K`.. ^,��• t.,,`'t. "t"w" d. !�•�^; :7r? :w 1`: `_ •a+ ".r.' _. •?�:.`. Se. al Thel . jet iL feleerf ii::a`Rf 3t: ,.'a'�". •.�'sficrtv4." onditrons=o «' , ana4co r •..::.i %b' :ii .. .�,;;;. - • � "i•::r .. : , r :subbar cf app ovfindingsinclusior s: "• } !YA',..��t's ...t( =M�1 •.NT' f. +WT 3 ":i'+c" -'. �[� ,/�ara. Y7t. . ��YY�Yd 3 ' ~: �•5a' • •�' ^ : �r;. -.•,- = t .:.:.�_ • .�'.'IZ !1Y �,, ..t�� -v .�. . '.' • . ' 'tA • +.`.=y!.. z: �tix��K• Aonnwfirch = the:;decision„isba se - _,,�.',...' ... ,-.�, d dare noted: Section 1V. .:. i ..:S: :. (4! :.~i Y /'.:' <glt'': 5:f1 ii: Ar'ti' JY: Z1a .. : i^ Y t « .. %. �: • • CONDITIONS OF APPROVAL •: .:+MJ.L'1 + lC^w.Kw""�w�Ni«.J.'!"wwAw l FF�! S/ AV Yt' SP�TI�I :iCLYwMii J1.°.M..�r.nY» iR''MYMY.r.isY»�•Yf.l yy. -.� .._.._r•._ -�.. �. ._ f ACLCONDrITOI S SKA CBE'S'A-TIFIED'PR(OI 'rgYREC•ORDItt:GM -+'FIN'AL Pla WITH = " ' "" VITASHiNGitikti itia* t NLEWOITki ivAiltE:SPECIFIEa ItSTAEF CONTACT FOR ALL - COND TIONis~BRFAI AGERRW IGI E-`EI�CGINEER IN'DELk R:TIVtEI" r / 5 A � .. �•_. , ar_.^cti:2t fs 'M.iT� n.�,3:wce —E4s. ii.�. :.;tra7e1:7S. :,S°..:. °_ __, ..; .'^'.T- °.:.ulct6iR. 8:d�y:,; l : `. V�7) • Q�7T�1 1 ; � ;yam F • 1. Prior to issuance of a building permit, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements.) Public improvement plans shall conform to City of Tigard Public Improvement Design Standards which are available at City Hall. • 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. 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. 4. The applicant shall dedicate on the face of the final plat additional right -of -way at the comer of SW Landau Street and SW Landau Place to provide a right -of -way radius of 20 feet. 5. The applicant shall construct standard half- street improvements along the frontage of SW Landau Place. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 16 feet; B. curb; C. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; D. five (5) -foot concrete sidewalk; . E. streetlights as determined by the City Engineer; F. underground utilities (NOTE: the applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities); G. street signs; and H. driveway aprons. TIGARD W000S SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 2 OF 20 6. The applicant shall conect standard half- street improvem• along the frontage of SW Landau Street. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline to match existing pavement width, which appears to be 17 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. curb; D. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff; E. 5 -foot concrete sidewalk; F. street striping; G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities); I. street signs; J. driveway apron; and K. adjustments in vertical and/or horizontal alignment to construct SW Landau Street in a safe manner, as approved by the Engineering Department. 7. A profile of SW Landau Street shall be required extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 8. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's public improvement permit. 9. A manhole will be required at the end of any public sanitary sewer line. 10. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 11. The design engineer shall indicate on the grading plan which lots will have natural slopes between 10 percent (10 %) and 20 percent (20 %), as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 12. Prior to approval of the final plat, the applicant shall pay the fee in -lieu of constructing an on -site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square feet of hard surface is assessed to each individual lot. Payment of the fee can be split into two (2) parts: A. the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat (the applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalk in order for the fee above to be calculated); and B. the portion assessed to each lot ($180 /lot at present) can be paid at the time building permits are issued for the individual lots. TIGARO WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/POR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 3 OF 20 13. The applicant shall pro. a street tree plan that provides set trees in accordance with the provisions of Section 18.100.035. A bond or other method of assurance shall be provided prior to approval of the subdivision plat in order to insure planting of the required street trees. Prior to release of the bond, the street trees shall be planted. STAFF CONTACT: Will D'Andrea, Planning Division. - 14. The . applicant shall _provide a.planting plan that shows the number and species of mitigation trees to be planted. This plan shall discuss the viability of the proposed plantings given the dense planting. The applicant shall further provide a plan for the remaining required mitigation. STAFF CONTACT: Will D'Andrea, Planning Division. 15. The applicant shall: A. post a bond to insure planting of mitigation trees; B. record a deed restriction for those trees that are to be preserved; and C. construct the recommended tree protection measures for these trees prior to commencement of construction. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die, or be determined to be a hazardous tree by a Certified Arboculturist. STAFF CONTACT: Will D'Andrea, Planning Division. 16. A demolition permit will be required for all existing structures and all utilities shall be removed. 17. Plans reviewed and approved by Tualatin Valley Fire and Rescue. . .• y,_y. .ee> i 1'G+f3. y,.. l i.k" 'i+- �}N"fe'- 4C ".Yr nc- :: as�•.••.. BUIL...:: t i'G':t iBP. rte.; ral+ 'k7 ac�w•Y *_.. .. ._ - - 4•:� .,.. .. 'a PN OR'' _ O TH °ISSUA } A DI P, LMT FOLEOWING' - =R° ■/�_ 1 C/F. r Y 7 V�I�/ a - V.TI a X . d. .. J J , +�v, •5Y: K *Y ..r.:; _ °' ` =7_:,, ',•c '71 ; - l c x! . a- • o . L!.' 7�+`S.w: ..•..';.',• ..3:.-c .�.�:.« 7= .v ^zrs� t. -JL; y.. - Y Unless ottieriti noted`thestaff contact shallibe Brian R a •4;, :'•ii: %'a:'a. ":: "!.:: ?- t�??: �`�' *'' .c a 'i `' r.Ztr,�y;d'�F y'_ �.' � :y j-• � •'' ineecingsDepaitm (503 x6 3 4;' .; „�t. f _ :.._:; rte:. .ac < -... .. _xr.: zssz'toi:>.dtas ?.gttD'�'. =i = _ .. :(.. - _. 18. Prior to issuance of building permits, the applicant shall provide the Engineering Department with one (1) recorded mylar copy of the subdivision plat. 19. Prior to issuance of any building permits within the subdivision the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: A. all utilities are installed and inspected for compliance, including franchise utilities; B. all local residential streets have at least one (1) lift of asphalt; C. any off-site street and/or utility improvements are completely finished; and D. all street lights are installed and ready to be energized: 20. The applicant shall pay a $295.00 Final Plat Review Check fee prior to submitting the final plat to the City for review. STAFF CONTACT: Will D'Andrea, Planning Division. 21. A letter from the consulting arborist that verifies that tree protection measures have been installed according to the tree protection specifications submitted with the application. 22. The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved and that plans shall be submitted to the Fire Marshall's Office for review and approval. The plan shall be revised to address Tualatin Valley Fire District's comments listed under SECTION VI: AGENCY COMMENTS within this staff report. CONTACT: Gene Birchill, Tualatin Valley Fire District at 526 -2469. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/POR 97 -0004/ZON 97- 0005NAR 97 -0016 PAGE 4 OF 20 PRIOR TO THE ISSUANCE'O ; CCUPANCY PERMITS, THE FOLL L NG CONDITION;SHALL'BE : ,, SATISFIED. UNLESS OTHERWI NOTED, THE= STAFF CONTACT SHALL WILLIAM . D 'ANDREA*01 -• 1:1 CITY :.OF':TIGARDsPLANNINC °DIVIStO( iaT;(503):639- 41.71. 23. All site improvements installed per the approved plans. , .Ia - ADDITION TH P.i allTiSHOU Mitt WARE OEl releo INGvSECTIO L 4 1 , 1 O :, , :tbid NCFi ELOPE , t, Lice THrso a AN C E =LIST: `•r- = ` ". Ai.7k1.4eVe.:92.e... aN.4.4.4 i.i.w a:fw 1 ri,W 1K_ :V1 ' IMPROVEMENT AGREEMENT - Section 18.160.170 Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. 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 - Section 18.160.180 As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: . 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. 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 3. Cash. The subdivider shall fumish 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 subdivider shall not cause termination of, nor allow expiration of said guarantee without having first secured written authorization from the City. FILING AND RECORDING - Section 18.160.190 Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-06 PC SUB 97- 0008/PDR 97- 00041ZON 97- 0005NAR 97 -0016 PAGE 5 OF 20 FINAL PLAT APPLICATION *MISSION REQUIREMENTS - Sec 18.162.080 Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. Street centerline monumentation shall be provided as follows: Centerline Monumentation: In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights -of -way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set:: 1. all centerline- centerline intersection points; 2. all cul -de -sac center points; 3. curve points, beginning and ending points (PC's and PTs); and 4. all centerline monuments shall be set during the first lift of pavement. Monument Boxes Required: Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points; and The tops of all monument boxes shall be set to finished pavement grade. STREET & UTILITY IMPROVEMENT STANDARDS - Section 18.164 Utilities - 18.164.120: 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 - 18.164.130: All improvements installed by the subdivider 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 18.160.180. Installation: Prerequisite /Permit Fee - 18.164.150: No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 6 OF 20 Notice to City Required - 18.164. 80: • 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 Required - 18.164.200: The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. . .t;; -Gia�^ vr2y:;:s :...:.a.yatsi x:• i'.f %. �:a'..e• h:.. -�:. .; '^r. ..:1.�� _ :.x.... •:...u.::.r.�ys.:� . . _ _ = L : - y 4 _ r � ZHIS=AP ROYAL SttAtL A - ;,: a µ t ; :: , 4 : r �1 tIE]f OE'E81M ©lH >.,_ ,.Y� � _ .; yarts .�- .C�r.+n.r.'#�4a�eVns__,.rcw� �.ac•:rrrtS:% . s ;+axs6r.:....�,..�.:a.Y:.�.�ntit t .'... � ..T,a. ^,:'.�= . —rte. ` -FROM TCiE':EEFECt1:VE:Drrra rins ' �.," SECTION III. BACKGROUND INFORMATION Site History: - The property was annexed into the City of Tigard in 1991 (ZCA 91- 0015). The zoning of the property was changed from Washington County R -5 to City of Tigard R -4.5. No other development applications were found to have been filed with the City. Vicinity Information: Property to the north and east are within the City of Tigard and are zoned R-4.5. Property to the south and west are in Washington County and are zoned R -5. The surrounding area is predominantly developed with single - family residences. Site Information and Proposal Description: The 1.4 acre site slopes towards the north and east from an elevation of 258 feet at the intersection of SW Landau Street and SW Landau Place, to an elevation of 230 feet. The site presently has a mixture of 128 trees of Douglas Firs and Westem Red Cedars. There is an approximately 1,000 square foot swale area that contains slopes greater than 25 percent. The property is developed with a single - family residence and accessory structure. The applicant is proposing the following land use development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into eight (8) lots ranging between 6,568 square feet to 8,254 square feet; 2. Planned Development Review to allow lot sizes less than the minimum 7,500 square feet required by the R -4.5 zone; 3. Variance request to allow a cul -de -sac to provide access to 22 dwelling units, whereas the Code states that a cul -de -sac shall not allow access to greater than 20 dwelling units; and 4. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/POR 97 -00042ON 97- 0005NAR 97 -0016 PAGE 7 OF 20 SECTION IV. APPLIC *E REVIEW CRITERIA AND RISINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to. quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has proposed to dedicate 134 square feet of right -of -way and half- street improvements on both SW Landau Street and SW Landau Place (local streets). The applicant's proposal for improvements provides for their share of local street improvements needed to serve this development in conjunction with the standard improvements that are required of all other properties. In other words, the applicant is paying only for their portion (or segment) of the local street system. Section 18.164.030.A.1 states that no development shall occur unless the development has frontage or approved access to a public street and that streets within and adjacent shall be improved in accordance with ordinance standards. Therefore, this proposal satisfies the standard. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $179.00. The total TIF for an attached, single - family dwelling is $1,790. Based on past City purchases of residential property for street ROW, residential property is assessed at $2.00 per square foot. The applicant is being required to dedicate an additional 134 square feet of right -of -way at the intersection of SW Landau Street and SW Landau Place. Assuming a cost of $2.00 per square foot, it is estimated that the total cost of the dedication is $268.00 (134 sq.ft. x $2). Upon completion of this development, the future builders of the residences will be required to pay TIF's of approximately $12,530.00 ($1,790 x 7 dwelling units). Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is $39,156.00 ($12,530 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $12,530.00, the unmitigated impact can be valued at $26,626.00. The total estimated cost of the dedication is approximately $268.00. Given the estimated unmitigated impact of approximately $26,626.00, the difference in the conditioned items and the unmitigated impact is approximately $26,358.00. The City finds that the conditions meet the rough proportionality test. Dimensional Requirements: Section 18.50 states that the minimum lot area for each single - family lot in the R -4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet. As indicated on the site plan, each of the newly created Tots will exceed the minimum lot width requirement. The applicant will be creating lots under the planned development provisions, thus allowing three (3) of the proposed Tots to be less than the minimum 7,500 square feet. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97 -0008/PDR 97- 0004JZON 97- 0005NAR 97 -0016 PAGE 8 OF 20 Setbacks: Section 18.50 stat that single-family detached resicli tial units are y i re a permitted use in the zone, and must comply with the following dimensional requirements: . Minimum lot size 7,500 Square Feet* Average lot width 50 feet* • Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks on Tots 1 and 3 -8 will be reviewed during the building permit review process. However, as indicated on the site plan, these lots can accommodate the required setbacks. As indicated on the plan, the existing residence on lot 2 complies with the applicable setbacks. * Because the project is being reviewed under Planned Development standards, me minimum lot sae, average lot width and lot depth standards do not apply to mis development. Planned Development: Section 18.80 allows the option for an applicant to create a more efficient, economically viable development that preserves natural land features while implementing the density range provided through the Comprehensive Plan. This type of subdivision normally permits higher density than would be possible given the minimum lot size requirement for the zoning district. The applicant has applied for Planned Development approval in order to provide an efficient and economically viable development that preserves natural land features by preserving a large area of the natural land features while developing at the maximum allowable density. • THE PLANNED DEVELOPMENT REVIEW IS A THREE (3) STEP PROCESS AS FOLLOWS: 1. approval of a planned development overlay zone; 2. approval of the planned development concept plan; and 3. approval of a detailed development plan is also required. The Planned Development Overlay Zone has not previously been done for this property. For this reason, when the subdivision is recorded, a Planned Development Overlay would be designated on the zoning map. Because the underlying development application is for a subdivision, Section 18.80.015(E) allows the Conceptual and Detailed portions of the Planned Development Review to be consolidated, as proposed through this action. Section 18.80.060 states that a planned development shall not be allowed in residential areas located in areas designated as "Established Areas" on the Comprehensive Plan map except, the Commission may approve a planned development within an "Established Area" where the Commission finds: 1. Development of the land in accordance with the provisions of the "Established Area" would: A. result in an inefficient use of land; B. result in removing significant natural features; or TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97-0005NAR 97 -0016 PAGE 9 OF 20 C. result a change of the character of thSea surrounding a significant hist feature of building; 2. The planned development approach is the most feasible method of developing the at and 3. The site is of a size and shape that the compatibility provisions of Chapter 18.92 - (Der Computations) can be met. The subject property is designated as an "Established Area." Development under the Plar Development regulations would result in a more efficient use of the land as the site would be allow€ be developed at the maximum allowable density of the zone. This proposal has an average lot si: 7,652 square feet with only three (3) lots being less than the minimum 7,500 square feet, the other (5) Tots exceed 8,200 square feet. By allowing these lot sizes, the planned development allow creation of lots that are regular in shape without the need for flag lots that require a greater percen of lot area to be graded and covered with impervious surfaces because of the need for long drivew; It eliminates the need to fill and pipe the small swale on the property and locate homes in that allows more existing trees to be retained, and allows more on -site area for tree mitigation becau: the reduced need to cover land with impervious surfaces. Without developing the site as a plar • development, the result would be a subdivision with either less lots, less trees, no natural swale combination of these. This would result in an inefficient use of the land and/or the removal of r natural resources. The property does contain sensitive lands (25 percent slopes) which may have t impacted if the developer were to choose an alternative site design. These slopes are not desigr as significant natural feature. There are no historic buildings in the area that would be affected bk proposal. The proposal will provide lots in accordance with density calculations. Section 18.80.130(A)(1) (Planned Development Review - Approval Standards) requires tf development proposal be found to be consistent with the various standards of other Comm Development Code Sections. The applicable criteria in this case is Oregon Revised Stat 197 and Chapters 18.32, 18.52, 18.80, 18.84, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 1 ar and 18.164. The proposal's consistency with these sections have been reviewed elsewhere withir report. The proposal contains no elements related to the provisions of Code Chapters 18.96 (Addit Yard Setback Requirements), 18.98 (Building Height Limitations: Exceptions), or 1 f (Accessory Use and Structures) which are also listed under Section 18.80.120.A.2. T Chapters are therefore found to be inapplicable as approval standards. Code se. 18.80.120.A.3 provides other Planned Development Review approval standards not neces covered by the provisions of the previously listed sections. These other standards addressed immediately below. The proposal contains no elements related to the provisior 18.80.120.A.3.c (Privacy and noise), 18.80.120.A.3.d (Private outdoor area: Residential 18.80.120.A.3.e (Shared Outdoor Recreation Areas: Residential Use), 18.80.120.A.3. Public tra 18.80.120.A.3.j (Parking), 18.80.120.A.3.I (Floodplain dedication) and are, therefore, found inapplicable as approval standards as these criteria have, in the past, been applied only to multi -f development. SECTION 18.80.120(A)(3) PROVIDES FURTHER REVIEW STANDARDS FOR PLAT` DEVELOPMENT THAT HAVE BEEN ADDRESSED BELOW AS FOLLOWS: Relationship to the natural and physical environment: Section 18.80.120.A.3.(a) states thz streets, buildings, and other site elements shall be designed and located to preserv( existing trees, topography, and natural drainage to the greatest degree possible and that TIGARD WOODS SUBDIVISION PLANNING COMMISSION ANAL ORDER NO SUB 97-0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE with a six inch caliper measid at four feet in 9 height from ro�7frd level shall be saved where 9 possible. The applicant has proposed a plan that will preserve the existing trees and topography to the greatest degree possible by designing the subdivision to minimize the need for grading. The applicant is only proposing to disturb existing vegetation and topography within the building envelope of the proposed residences. The applicant will be retaining 51 percent of the existing trees greater than 12 inches in diameter and will be mitigating 50 percent of the caliper inches for those trees removed. Buffering, screening, and compatibility between adjoining uses: Section 18.80.120.A.3.b states that buffering shall be provided between different types of land uses. It also states that in addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.100: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. The proposed single - family detached residential lots do not require buffering or screening as addressed in the Buffer Matrix Section 18.100.130. Access and circulation: Section 18.80.120.A.3.f states that the number of allowed access points for a development shall be provided in Chapter 18.108, all circulation patterns within a development must be designed to accommodate emergency vehicles, and provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. The design of the proposed street improvements have been reviewed by the Engineering Department, the Police Department and the Fire District. The Engineering Department reviewed street improvement requirements in detail elsewhere within this report. Completion of the existing street, as proposed, complies with the standards of the Community Development Code and is reviewed elsewhere within this report. Landscaping and open space: Section 18.80.120.A.3.g states that in a residential development a minimum of 20 percent of the site shall be landscaped. Because the applicant has proposed to maintain a large portion of the site as open space and tree mitigation area, the plan is in compliance with the 20 percent requirement. Drainage: Section 18.120.030.A.3.k states that all drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.84 and the criteria in the adopted 1981 master drainage plan. The Engineering Department reviewed this application and determined that the capacity exists within storm drainage facilities upstream and downstream of the development to handle the increase in runoff caused by additional impervious surfaces to be developed on this site. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development. A lot meets the basic solar access lot standard if it has a north -south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east -west axis. A subdivision complies with the basic requirement if 80 percent or more the newly created parcels meet this standard. Lots 1 -3 satisfy both the front lot line orientation and north -south dimension requirements. Section 18.88.040(E), however, allows the approval authority to exempt new lots from the solar access standard in certain cases, including situations where existing right -of -way (ROW) prevents lots from being oriented for solar access. The existing orientation of SW Landau Place and the configuration of the subject site prevents proposed lots 4 -8 from being orientated for solar access. Therefore, parcels 4 -8 are except from the solar access standard. It should be noted that new structures must comply with the Solar Balance Point Ordinance even if a lot has been exempted from the basic solar requirement. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97-0005NAR 97 -0016 PAGE 11 OF 20 Density: Section 18.92.020 &tains standards for determininlie permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area 'of the site is approximately 61,353 square feet. The net developable area of the site (after deduction of 134 square feet for public right -of -way and 1,001 square feet for land exceeding 25 percent slope) is approximately 60,218 square feet. With a minimum •of 7,500 square feet per lot, this site yields an opportunity for up to eight (8) lots under the R-4.5 zoning designation. The applicant is proposing eight (8) lots and, is therefore, in compliance with the density requirements. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. Street Trees: Section 18.100.035(B) states the specific spacing of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; 2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart. The plans (Sheet 4 of 9) indicates that Little Leaf Linden street trees will be provided at 30 -foot spacing. The plans show that the spacing of these trees range between 28 and 66 feet. This species of tree can be classified as a medium -sized tree, therefore, the spacing shall be no greater than 30 feet. A revised street tree plan shall be submitted that provides street trees in accordance with the provisions of this section. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the deposit, all street trees shall be planted. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 -foot distance along the street right -of -way and the driveway and then connecting these two 30 -foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Through the Building Permit Plan Check process, setbacks of the structures will be reviewed for compliance with the Clear Vision standards. Parking: Section 18.106.030.(A ) states that each lot is required to provide 2 off- street parking spaces. Compliance with parking requirements will be reviewed for compliance during the Building Permit Plan Review process. TIGARD W000S SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-C6 PC SUB 97- 0008/POR 97- 00041ZON 97- 0005NAR 97 -0016 PAGE 12 OF 2r Access: Section 18.108.070 ites that the minimum access will required for a single-family • detached dwelling is fifteen (15) feet with a minimum pavement width of ten (10) feet. Compliance with minimum access standards shall be reviewed during the Building Permit Plan Check process. The proposed plan shows that minimum access standards can be satisfied. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. This section requires a program to save existing trees or mitigate tree removal for trees over 12 inches in caliper. The applicant has provided a report and plan that identifies all existing trees greater than six (6) inches in caliper. The inventory identified 83 trees greater than 12 -inch caliper. The arborist has identified ten (10) trees which are considered hazardous and will not be counted in the inventory for mitigation calculations. The total number of trees greater than 12 -inch caliper used for mitigation purposes is, therefore, seventy -three (73) trees. The proposed plan will be retaining thirty -seven (37) trees greater than 12 -inch caliper. Since the applicant is retaining more than 50 percent of the seventy -three (73) existing trees, Section 18.150.025(B)(2)(c) requires that 50 percent of the trees to be removed be mitigated. The applicant has provided an area for tree mitigation on the back of lots 4 -8 and is proposing to plant approximately 100 trees within this specified mitigation area. The applicant shall prepare a planting plan identifying the location of these proposed mitigation trees. This plan shall discuss the viability of the proposed plantings given the dense planting. The applicant shall further provide a plan for the remaining required mitigation. Section 18.150.045.B states that any tree preserved or retained in accordance with this section may, thereafter, be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.B., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree(s) may be removed only if the tree dies or is hazardous according to a certified arborist. Prior to recording the plat, the applicant shall: 1. post a bond to insure planting of mitigation trees; . 2. record a deed restriction for those trees that are to be preserved; and 3. construct the recommended tree protection measures for these trees prior to commencement of construction. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as with the applicable policies and regulations of the R -4.5 zone and other applicable ordinances and regulations. TIGARD W000S SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 13 OF 20 2. The proposed plat On must not be duplicative a, must otherwise satisfy the provisions of ORS Chapter 92. The proposed name of the subdivision, Tigard Woods, is not duplicative of any other plat recorded in Washington County. 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. The site does not abut properties with approved plats that would require conformity or connectivity with the plats of adjoining areas. Southwest Landau Street and SW Landau Place will provide for both adequate and safe access to the Tots in this subdivision. 4. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements including the provision for public services such as sewer, water, drainage and street improvements. Subdivision Variance - Maximum number of dwelling units served by a Cul-de -sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. The applicant states that by variance approval during the development of Landau Woods, SW Landau Place was allowed to exceed the 400 foot maximum cul -de -sac length by approximately 200 feet. Eight (8) dwelling units in Landau Woods access the cul -de -sac in that last 200 feet. That is half the current total number of dwelling units on the cul -de -sac. At the time of that .approval, the total number of accesses should have been considered and a variance also approved to allow greater than 20 dwelling units based upon allowable density of the undeveloped parcel remaining on the street. Not doing so has placed a burden on the subject parcel that fronts entirely within the code allowed 400 foot length. Staff concurs with this assessment. If a variance were not approved, the subject property would only be allowed four (4) dwelling units on SW Landau Place. Given the width of the frontage along SW Landau Street and the location of the existing residence, it would be difficult to provide sufficient access and lot layout to accommodate four (4) lots that access onto SW Landau Street. The variance is necessary for the proper design or function of the subdivision. The proposed subdivision provides for lots that are compatible with adjoining and surrounding lots in the manner they are oriented towards the street. Lots 1 and 4 would have to become flag lots that directly access SW Landau Street with the flag for both lots being where lot 1 is currently proposed. The buildable area for lot 1 would then be in the proposed backyards of lots 4 and 5 and would reduce the potential for on -site tree mitigation. This altemative layout is not desirable for future homeowners and adjacent neighbors. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property. Granting of the variance to allow greater than 20 dwelling units onto a cul -de -sac will not be detrimental to the public or injurious to the rights of other properties. Southwest Landau Place is otherwise designed to meet City street standards. Allowing an additional two (2) dwellings on the cul -de -sac should not significantly interfere with adjoining property. The only potential concem is the width of the street where the curb protrudes into SW Landau Place across from the proposed lot 3. Parking on both sides of the street could provide some restriction of the street width. The applicant has shown the driveway location for lot 3 to be placed in such a manner to discourage parking in this area. The parking situation exists whether or not the variance is approved. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 14 OF 20 The variance is necessary foe preservation and enjoyment substantial ro right P Pe ity 9 because of an extraordinary hardship which would result from strict compliance with the regulations of this title. The extraordinary hardship does not relate so much to the preservation of a substantial property right as it does to City standards and potential hardship to both the subject site and adjoining properties. The applicant argues that prior variance approval created a hardship and denigration of property rights for this parcel. Allowing the additional cul -de -sac length and eight (8) dwellings: within that added length burdened this property by overly limiting logical direct access to a fronting street. If the previous length variance had been denied or proper consideration of this fronting property's future access needs had been incorporated, this property could develop as proposed without the need for the variance. The altemative site layout previously described would require the construction of a 140 -foot long private driveway in a tract that serves two (2) Tots. This is an unnecessary development expense. This private drive would be very close to two existing lots on the west inducing vehicle noise to these parcels that is otherwise not necessary. Additionally, the potential for on -site tree mitigation would be reduced by about 40 percent and grading would have to occur in areas currently not proposed. This alternative layout is not desirable for future homeowners nor adjacent neighbors and would likely be considered a hardship to those adjacent neighbors. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Street Improvements: Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. This section is satisfied as the existing right -of -way along SW Landau Street and SW Landau Place is adequate and a half- street improvement will be constructed. Minimum Rights -of -Way and Street Widths: Section 18.164.030(E) requires a local street to have a minimum 44 foot right -of -way and 28 foot paved section between curbs and sidewalks. As indicated on the site plans, existing right -of -way is adequate and the applicant will be completing half - street improvements, in accordance with this standard. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. Street stubs to adjoining properties are not considered to be cul- de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. The proposed plan shows how the adjacent properties are developed and the existing street system which supports those developments. Given the existing development pattern, it is not necessary, nor possible, to extend the proposed street to provide for future connections or to facilitate future division of adjoining land. Street Alignment and Connections: Section 18.164.030(G) requires all local streets that abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. This section is not TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004IZON 97 -0005/VAR 97 -0016 PAGE 15 OF 20 applicable as there is no exist. local street that abuts the propertiich would require extending or through circulation. The extension of streets are precluded for reasons discussed immediately above. Cut -de -sacs: Section 18.164.030(K) requires that a cul- de-sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. Southwest Landau Place is approximately 600 feet in length. This cul -de -sac length received a variance and was created through the Landau Woods subdivision, which was approved in 1991 (SUB 91- 0006NAR 91- 0009). There are sixteen (16) lots currently using the cul -de -sac. The proposed subdivision would create an additional six (6) lots, for a total of 22 lots, that access the cul -de -sac. This section states that a cul -de -sac shall not provide access to greater than 20 dwelling units. The applicant has applied for a variance to allow greater than 20 dwelling units to be served by the cul -de -sac. Staff has recommended approval of this variance. The basis for this recommendation and findings are discussed in the variance section (18.160.120). CURBS, CURB CUTS, RAMPS, AND DRIVEWAY APPROACHES: Section 18.164.030(N) requires the following: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and; 1. concrete curbs and driveway approaches are required; except 2. where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and 3. asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. Through the required engineering plans, these street improvements will be reviewed and approved by the Engineering Department for the applicant's frontage within the subdivision. Curb, gutter, and sidewalk for these streets will be provided in accordance with City standards. Block Design: Section 18.164.040(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. The applicant has no control over the existing street pattern, nor will this application alter the existing block configuration. The proposed lots within the subdivision will allow for adequate building sites. Block Sizes: Section 18.164.040(B)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except: 1. where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development or; 2. for blocks adjacent to arterial streets, limited access highways, major collectors or railroads; and 3. for non - residential blocks in which internal public circulation. provides equivalent access. This criteria is not applicable as the site is constrained from meeting the specified block perimeter due to existing development patterns. • TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008/PDR 97- 0004IZON 97- 0005NAR 97 -0016 PAGE 16 OF 20 Block Lengths: Section 18.1.040 B 2 states that when bloc•n the greater than 600 feet are permitted, pedestrian and/or bikeways shall be provided through the block. Given the existing surrounding development, the provision of a pedestrian connection is not feasible. Lots - Size and Shape: Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is Tess than 1.5 times the minimum lot size of the applicable zoning district. Planned Development provision 18.80.080.A.1 states that the lot depth standard does not apply. Therefore, because this application was filed as a Planned Development Review, this standard is not applicable. Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. The minimum frontage width standard is met for each of the eight (8) Tots because they have a minimum of at least 42 feet of frontage on a public street. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. Sidewalks have been proposed to be provided along the SW Landau Place and SW Landau Street frontage. PUBLIC FACIUTY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: Streets: This site lies adjacent to SW Landau Street and SW Landau Place, both of which are classified as local residential streets on the City's Transportation Plan Map. There is presently 50 feet of right -of- way (ROW) on SW Landau Place and 60 feet of ROW on SW Landau Street; both streets have adequate ROW for their classification. The exception lies at the intersection of the two roadways where a curb retum radius must be constructed which will require an additional ROW dedication at the comer. The ROW radius will need to be a minimum of 20 feet. Half- street improvements are necessary on both frontages of this site in order to mitigate the additional traffic that will be generated by this development. The applicant's plan indicates that they will construct these improvements as a part of their project. The existing pavement on these streets appear to be in good condition and the applicant should be able to sawcut the existing edge of pavement and widen the pavement from there. The specific sawcut details would need to be reviewed by the Engineering Department as a part of the public improvement construction plan review. Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line in Landau Place, near the north property line of this site that can be extended further south in Landau Place to serve the majority of the Tots in this project. The applicant intends to extend the sewer line, along with their half- street improvement, to a point near the midpoint of Lot 4. Lots 1 and 3 will be served from an existing sanitary sewer line in Landau Street. Lot 2 is presently served from the line in Landau Street. The applicant's plan shows a cleanout at the end of the proposed sewer line extension in Landau Place. The City will require the installation of a manhole at that point, as cleanouts are not allowed in a public street. Water: This site lies within the Tualatin Valley Water District (TVWD) service area. There is an existing public water line available in SW Landau Place which will be used by the applicant to serve the new lots. The water line connections shall be reviewed and approved by TVWD prior to approval of the public improvement construction plans. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97-0008/PDR 97- 0004JZON 97- 0005NAR 97 -0016 PAGE 17 OF 20 Storm Drainage: • There is an existing public storm drainage system that was installed as a part of the existing subdivision (Landau Woods). The existing storm line is located partly in Landau Place and flows adjacent to the north property line of Lot 8 in a westerly direction. Drainage from this site is proposed to be collected in a mainline pipe extension of the storm line .in. Landau Place. The applicant has submitted a downstream analysis of the existing storm system and has determined that there is adequate capacity to accommodate the additional storm runoff that will be generated from this project. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91 -47, as amended by R &O 91 -75) 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. The R &O provides that in certain cases, where sites are small and design of a water quality facility is impractical, the City could allow the applicant to pay a fee in -lieu of building a facility. In this case, the overall site is small, and buildable land is limited to where if a facility were required, the applicant would likely lose one (1) lot. In similar cases like this, the City has determined that the fee in -lieu is justified. Therefore, the applicant shall pay the fee in- lieu for water quality prior to approval of the final plat. Grading And Erosion Control: USA R &O 91 -47 also regulates 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 R &O 91 -47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. • SECTION V. OTHER CITY DEPARTMENTS COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: 1. Condition: A demolition permit will be required for all existing structures and all utilities shall be removed. 2. Ensure that storm line "A" is deep enough to serve both the roof and crawl space drains of new homes. The City of Tigard Maintenance Services Department and City of Tigard Police Department have reviewed this application and have offered no comments or objections. SECTION VI. AGENCY COMMENTS The Tualatin Valley Water District (TVWD) has reviewed this proposal and has offered the following comments: Relocation of existing water meters by TVWD at developer's expense. TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97-0008/PDR 97- 00042ON 97 -0005NAR 97 -0016 PAGE 18 OF 20 0 o Tualatin Valley Fire & Rescue reviewed this proposal and stated that the plan was not approved and that plans shall be submitted to the Fire Marshall's Office for review and approval that address the following comments: Fire hydrants for single - family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required in any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2). The minimum available fire flow for single - family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A- III -A -1. (UFC Appendix III -A, Sec. 5). Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704). The Unified Sewerage Agency (USA) reviewed this proposal and provided the following comments: Sanitary Sewer: Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R &O 96 -44 (Unified Sewage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to up -hill adjacent properties or extend service as required by R &O 96 -44. The proposed sanitary sewer line in SW Landau Place exceeds the maximum allowable distance from a manhole to a clean out. The location of the sanitary sewer line in SW Landau Place does not meet the requirements as stated in section 4.03.2.a in R &O 96 -44. Storm Sewer: Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up -hill adjacent properties, or extend storm service as required by R &O 96 -44. Hydraulic and hydrologic analysis of storm conveyance system is necessary. If downstream conveyance does not have capacity to convey the volume during a 25 -year, 24 -hour storm event, the applicant is responsible for mitigating the flow. The proposed storm sewer line at the rear of lots 1,2, and 3 will require a public easement. The proposed storm sewer line does not meet the requirements for location as specified in section 3.05.4.a of R &O 96 -44. Water Quality: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. This subdivision does not meet the requirements for fee in lieu per Section 3.11.5.d of R &O 96 -44. Portland General Electric has reviewed this application and has offered no comments or objections. Other affected agencies have reviewed this application and have offered no additional comments or objections. • TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 PAGE 19 OF 20 • SECTION VI. CONCLUSION The City of Tigard Planning Commission has APPROVED, subject to the CONDITIONS OF APPROVAL contained within the staff report for: TIGARD WOODS SUBDIVISION - SUB 97- 0008 /PDR 97- 0004 /ZON 97- 0005NAR 97 -0016. IT FURTNER'.ORDERED TNAT�TNE: APPLICANT AND ALL PARTIES TO_THESE • =; : ,.w : PROCEEDINGS. BE NOTIFIED OF ENTRY OF THIS ORDER:- PASSED: This day of November, 1997 by the City of Tigard Planning Commission. (Signature box below) 7( Nick Wilson, Planning Commission resident i:\cu rpin \wil l\su b97 -08.dfo TIGARD WOODS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -06 PC PAGE 20 OF 20 SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 . \1 AREA - BREAKDOWN •N ,.* \ .1\ - Lars N ..\ RIGHT OF WA Y 134 S.F. TOTAL 6 t 353 S.F. • I .. .... _.. . .... .... .... :::::: . . 1 . . . ii k ..... \ ! . 1 r CITY OF TIGARD STORM DRAIN EASEMENT V 1r2 1.-r 03 r el . A i Z 0 I 4 . .4 1.11! ' i i , . 41 CI , . pai t:L ** CD• : 4 t . ..1 cra . Z z rm i:' ri . a. 1- itz , . 4 .... . = = r..4...1 < 4311 P i a — • :.;__ _., i. i. 3 LI t-.4.1 0 _ to E:111, MI= mr 17 4' , 0 a LL. as 2 r --. . ,,,zsicrop-z-,i. _ . t 2-':•1 . , ! sa A ! _.,___ .7 . I H 1- I - r • ..t4 . 4 i--.0—, !... . r. / I I ' Pia / i t.. c 1 - , ii .k. 4. V . . sv :. I • .,• _..... _ ___ Cill 1 I I — — — — ■■• S.W. LANDAU STREET „........_ ........--- . . : ... . ..._ SITE PLAN ; SUBDIVISION ISOM 97-0008 PLANNED DEVELOPMBIT IPIDU 97-0004 ZONE CHANGE OMNI 97-0005 MAID 97-0016 EXHIBIT MAP VARIANCE • TIGARD WOODS suBnnnsuni I O 0 '" 1 'I I 1 1 I I I I I 1 L11 c�aRCaEsr ST , I ÷ — — — , . 1 . _ T 1 1 1 - r - : i ----' ! ELMACCO obi ____ H co 1 _.-- 1E11 1 1 _--- • - ' 0 -, 18 . MINI i . 1 I "P . 1st AI 0) He in " 1111 . . 1.1 Inan. a m 0 . c . .•_._ • ANTI 'iv- 1 -\\\I .:1' i c • ii__. il Iiii Lfi stitaa3+11 ' : 1 .: C CO , __A._ ___,..7 , 1 , <- i i -• - L CZ -�- - - - � _ ;III' --' - d _ 7 -1 1 I I 1 . — I 0 Ti 1 I U , , OAK Ycinity Map „ A .,, U : pJQ 97- 03/ZON 97 -02 i -- � WOOds Subdivision • • EXHIBIT B Tony flighellis TIGARD WOODS SUBDIVISION Harper Righellis, Inc. SUB 91- 0008 /PDR 91- 0004 /ZON 97- 0005/VAR 91 -0016 5200 SW Macadam Avenue, Suite 580 FINAL ORDER BY THE PLANNING COMMISSION NO.: 91 -06 PC Portland OR 97201 Beacon Homes, Inc. b:\Datty\doCS\SOb91 08.IbS Peter Kusyk & Kurt Dalbey 9500 SW 125th Avenue Beaverton OR 97008 Tricia Bull 9763 SW Landau Place Tigard OR 97223 Marilyn Miller 10080 SW 77th Portland OR 97223 Paul B. Norton 9763 SW Landau Place Tigard OR 97223 • • TIGARD PLANNING UOM1vIISSIO N • CITY OF n TIGARD • OREGON NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET...(Please PRINT) AGENDA ITEM #: Page of I DATE OF HEARING: 11 / 3 i 1 7 CASE NUMBER(S): SLt 6 Ct 7 -000 PDT q7-00,01/1201,) 97 b $ /// q) - DUI I OWNER/APPLICANT: 1 7 / f / ) d/) dS LOCATION: b PC 7 S'C) L%r C/4 1 S T PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR. ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) __- (�p�nt / Y Zi & n) N /Address Zcp & n) P Name: � 2yttT A Name: Y ` \ n t - - --- Address: 1 S/ )2r Address: I 0 U t 0 7 r � ,t� p e d ^`� "f7 City/State/Zip: �T�'J • (�� 7 ? � � S( City/State/Zip: �. �. ,�.r�ti z2 _ �� t�` � Name: 7 I`:,< ‘.e tt S Name: 0 L. ! \14 g CUO crP-t.r TZ� ' Z ^c Address: Address: -I ' St() LAN 0 L � S S Zoo aCA &4 '' AN+t. s 8 _ City/State/Zip: ? v r �lt�.Q O _. r - 71-0 1 City /State/Zip: `', ( A.I I Name: 7 e / ✓ 1 � Name: . Address: 7 / t 3 J W L�' 4516 Address: T City/State/Zip: i / / / ?72 City /State/Zip: Name: Name: Address: Address: City /State/Zip: City /State,Zip: Name: Name: Address: Address: City/State/Zip: City /State/Zip: h :\laN► mgnwvGnst • CITY OF TIGARD Community Development ShapingA Better Community PROPOSAL DESCRIPTION FILE NO(S): SUBDIVISION (SUM 91 -0008 PLANNED DEVELOPMENT IPDRI 91 -0004 ZONE CHANGE I1ONI 91 -0005 VARIANCE IVARI 91 -0016 FILE TITLE: TIGARD WOODS SUBDIVISION APPLICANTS Mr. Tony Righellis OWNER/ Beacon Homes, Inc. REPRESENTATIVE: Harper Righellis, Inc. APPLICANT: Peter Kusyk & Kurt Dalbey 5200 SW Macadam Avenue, Suite 580 9500 SW 125th Avenue Portland, OR 97201 Beaverton, OR 97008 (503) 221 -1131 (503) 524 -1999 REQUEST: A request for the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into eight (8) lots ranging between 6,568 square feet to 8,254 square feet; 2.) Planned Development Review to allow lot sizes less than the minimum size required by the zone; 3.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map; and 4.) Variance request to allow a cul -de -sac to provide access to 22 lots, whereas, the code states a cul -de -sac shall not provide access to greater than 20 dwelling units. LOCATION: 7607 SW Landau Street; WCTM 1 S125CD, Tax Lot 04000. The site is located at the northwest corner of the intersection of SW Landau Street and SW Landau Place. ZONE: Residential, 4.5 Units Per Acre; R -4.5. The purpose of the R -4.5 Zoning District is to establish standard urban low density residential sites. The R -4.5 zone allows, among other uses, single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. CIT: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY DATE COMMENTS DUE: STAFF DECISION DATE OF DECISION: X PLANNING COMMISSION DATE OF HEARING: 11/3/97 TIME: 7:30 PM HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 PM CITY COUNCIL DATE OF HEARING: TIME: 7:30 PM PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN K NARRATIVE X _ ARCHITECTURAL PLAN SITE PLAN X OTHER Tree Removal & Mitigation Plan STAFF CONTACT: William D'Andrea, Associate Planner (x315) SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 TIGARD WOODS SUBDIVISION SUBDIVISION APPLICATION • • • r � ; , 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 FAX: (503) 684 -7297 CITY OF TIGARD • PRE - APP. - HELD WITH: WD GENERAL INFORMATION - DATE OF PRE - APP.: 5' 6 -97 Property Address/Location(s): L,•//A0 .S7ZEE - T 5 FOR STAFF USE ONLY L 44n/DA U ) 4 C.ez Tax Map & Tax Lot #(s): /S/ Z$c D — YoU Case No.(s) • x"10$ D q7 Q Other. Case No. (s): Receipt No:: >:: Site Size: / ' 4 / 0 , c-.r • Application Accepted By:;.: PE7gz ,rvs y e 1 'tog oett- z a Pro Owner /Deed Holder(s)*: SE'zicoA/ ,yon, es rn/c . Dater Property (s ) 0 o Ave: S S L A 9 � S 9 Address: '/ Phone. 9 9 Date Determ'ined:To Be City: AReNvele.roil a/2 Zip: 9 7" Applicant: ' c0/'/ /1/44,6 2 • : Comp Plan/Zone Design :::::!; :: ; . Address: izsce Ave. Phone: S - / 999 v 0 7 E le 8 E� 9 City: � Zip: P CtT.Area .. • When the owner and the applicant are different people, the applicant Recording D and Number must be the purchaser of record or a lessee in possession with written ..,... authorization from the wn r o e or an agent t o f the owner The e Rev. 8/31!96 . i must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY • REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property request Subdivision approval to divide a: 1 Application Elements Submitted: parcel into 8 Tots between Application Form '1 [3 Owner's Signature/Written Authorization .' 6,568 and S, Z - s 7 square feet in size. Er Title Transfer Instrument or Dee sutte.erEp ,rl o 7 WA. CO. Subdivision Name Np -r E' Site /Plot Plan i99 (provide any additional information here) (# of copies based on pre - app check list) [r' Site /Plot Plan (reduced 81/2"x 11") Er Applicant's Statement (# of copies based on pre -app check list) Er Filing Fee (Preliminary Plat).... $2,125.00 (+ $10 Per Lot) (Final Plat) $ 295.00 ,oy7°° 1 0 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: V6z/m-ic 7v 4-L (-0 t-/ w7 026 - L-073 D /BELT A-CLEs' s 7v A Coe._ -De ( S W - L.A-NOA✓ • • 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. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) 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 RLQIZEIY. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and. subjgct 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. DATED this /0 6 day of .19 7 BEACON. HOMES, A Owner's Signature 7 Owner's Signature Owner's Signature Owner's Signature • 2 1 CITY OF TIGARD October 17, 1997 OREGON Mr. Tony Righellis Harper Righellis, Inc. 5200 SW Macadam Avenue, Suite 580 Portland, OR 97201 Re: Notice of Complete Submittal Dear Mr. Righellis: This letter is to inform you that your application for Subdivision Review (SUB 97 -0008) is considered complete and has been accepted by the Planning Division. If you have any questions concerning this information, please feel free to contact me at (503) 639 -4171. Sincerely, ! ll William D'Andrea, Associate Planner, AICP i:\curpin\willksub97-08.1t2 c: SUB 97 -0008 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 kaotilei CITY OF TIGAR October 13, 1997 OREGON Mr. Tony Righellis Harper Righellis, Inc. 5200 SW Macadam Avenue, Suite 580 Portland, OR 97201 Re: Notice of Incomplete Submittal Dear Mr. Righellis: The Planning Division has conducted a preliminary review of Subdivision (SUB) 97 -0008, an application for an eight (8) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing the application pending submission of the following items and plan notes: 1. Narrative addressing Planned Development approval criteria 18.80.060 for planned development's within established areas. 2. Narrative addressing variance approval criteria 18.160.120. If you have any questions conceming this information, please feel free to contact me at (503) 639 -4171. Sincerely, //J./2g-- William D'Andrea, Associate Planner, AICP i:\curpin \wiil\sub97 -08.1tr c: SUB 97 -0008 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • . •r AFFIDAVIT OF MAILING STATE OF OREGON ) )ss. City of Tigard ) 1, , being duly swom, depose and say that on S = iz , 1 , 19 27 I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed • development at (or near) - 7677 SL). 461-1TU 722_3, a copy of which notice so mailed is attached hereto and made a part of hereof. - I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at j 1 `7 .8tA3 40.11PAIfflf. RtOL PbM1/4 ,eE with postage prepaid thereon. c J 22.0 • Alb Si ature - I e presence of a Notary Public) (This SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and swom/affirmed before me on the 11 day of Ser, , 107 OFFICIAL SEAL J., JEFFREY S ELSTON �► i NOTARY PUBLIC - OREGON COMMISSION NO. 042074 N. RY PUBLI !d F OREGON MY COMMISSION EXPIRES MAR 05, 1999 My Commission Expires: 3.— S — 4 g (Applicant. please complete information below for proper placement with proposed project) OF PROJECTOR PROPOSED NAME: OF PROPOSED DEVELOPMENT: Name of Applicant /Owner. 1 Address or General Lacadon of Subject Property: I Subject Property Tax Mapis) and Lot T(s): n :•logmaattyvnaste almag mst • • • ( R'ighellis, Inc. • September 11, 1997 i Donald & Shirley Hanson PO Box 12 Welches, OR 97067 ^/ SUBJECT: NEIGHBORHOOD MEETING NOTICE / v RE: Tigard Woods Subdivision Dear Neighbor: You are invited to attend a public meeting to discuss a proposed subdivision development project in your neighborhood. The subject property 7607 SW Landau Street, Tigard OR 97223 and is • located at the N.W. corner of Landau Place and Landau Street, a map is attached to this letter. This parcel is 1.4 acres and is zoned R -4.5. As seen by the attached plan, the applicant is ; proposing to develop eight (8) single - family lots averaging 7,652 square feet. As part of this plan, a variance to cul -de -sac access standards is proposed. Improvements to Landau Place and Landau Street are also proposed. • Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are part of the process and encouraged to participate. The meeting will be held Wednesday, October 1, 1997 at Metzger Elementary School in the library area at 7:00 pm. If you have questions please give me a call at 221 -1131. I hope to see you there. Sincerely, HARPER RIGHELLIS, INC. 0 in - ' i n Jenai Bowdon attached: location map W J W U • 0 0 in 0 0 . ■ $ • . -■ .-----.--4g;) c--r : — N. rs. • • ..........,......... .., .,---7 ,.. , . . .,• •, ....._ — — 4.'-2:-.-..1_ _ I . • . :.„.: ..: ' J,- „ „ .... • •-, " = — — F7',.-7., .•••••• "f• .. \ ..-- , . :_,-.--- • •••.' • • - -x '6. • • A • • • • . .... • • • - — S■.:::: * . A ALs-41. s • . . . • ' ' • •\___. '''-• ‘. % ' s ' * ' . :. .• - .. •-■ • I .1` . • '•<• ••;,-'--- )e. „...- - -- ___------. S.W. LANDAU PLACE -......_...L... ..... : . ..:., 1 1 . ..." . c:,. - > . ' ..,.: ..'1.- — r — rao — —{ -- — -- 07 - — .....--._,....., is■- cc I . ,> 50 0' 50 0' 50.0' ..„,,!.<;,'"?-- 1 T .--I ..ormt i. Imis./alAIN PAD .1.• • tn .... ../.1.,.... ., i I I I I I .,•\ / ./t•V • ..."' ..'... : I I 1 I I ,.' • ...' ',....' , I ‘t „1:: <:' , .,■ :;;... L''''''. i I I I I I .... e ' ;" 1 1 1 80 0' 1, 1 1 1 .:.' 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I I I I s 1 I . 1 . . • ' ,, ' firr/Ck 141, 4de , e, - � -- (/ (W7 Douglas Olson -Donald & Shirley Hanson Donald & Mary Glover Linda Muir -Olson -PO Box 12 9750 SW Landau P1 10045 SW 75th Ave •elches OR 97067 Tigard OR 97223 Tigard OR 97223 Tom Cartwright Robert Hawes Marie Willis 10067 SW 75th Ave 9760 SW 77th Ave 9790 SW 77th Ave Tigard OR 97223 Portland OR 97223 Portland OR 97223 Scott & bliRiannDeselle Gregory & Cyndi Turner F L & Patricia Kaufman 4413 88th Ave> 9840 SW 77th Ave 9865 SW 77th Ave Gig Harbor WA 98 5 Portland OR 97223 Portland OR 97223 Tamara Rausch- Boettcher Donna Johnson Thurman & Lola Beaulieu Timo Boettcher 9870 SW 77th Ave 9895 SW 77th Ave 9900 SW 77th Ave Portland OR 97223 Portland OR 97223 Tigard OR 97223 Anna & Georganne Dorr Survivor's Dorr SMITH JUDITH ANN LIFE ES David Denelle Britton 9925 SW 77th Ave 21310 SW Wildflower Dr 1919 37th St Portland OR 97223 Newberg OR 97132 Des Moines IA 50310 • Marilyn Miller Michael & K tine Meyer Margaret Walker Thomas Delong 10057 SW 77 er Y g Ave 10080 SW 77th Ave 7911 SW Elmwood St Portland OR 97223 Portland OR 97223 Tigard OR 97223 Patricia Evans Mark Lantz CHURCH MICHAEL W & BARB 9706 SW Landau P1 9711 SW Landau P1 7440 SW 35th Ave Tigard OR 97223 Tigard OR 97223 Portland OR 97219 Stephen Mentzer Robert & Shalee Seely Cassandra Leach Randy & Sandra Ferrell 9729 SW Landau P1 9734 SW Landau P1 9745 SW Landau P1 Tigard OR 97223 Tigard OR 97223 Tigard OR 97223 Patricia Renee Bull John & Deborah Thornton Kathleen Hutchings 9763 SW Landau P1 9781 SW Landau P1 9799 SW Landau P1 Tigard OR 97223 Tigard OR 97223 Tigard OR 97223 •Mark & Patricia Storen Carollyp & Weaver Stinson Jon Mandaville 9810 SW Landau P1 9840 SWN andau P1 9880 SW Landau P1 Tigard OR 97223 Tigard R 7223 Tigard OR 97223 • • Drew Anderson • Kevin Neupert Cynthia Fonseca Robert & Vivian Foster • 9900 SW Landau P1 9950 SW Landau P1 9990 SW Landau P1 Tigard OR 97223 Tigard OR 97223 Tigard OR 97223 Alexander Backardjiev Scott Davis Rumiana William Adams Jr. Elizabeth Murray -Davis 7505 SW Landau St 7520 SW Landau St 7548 SW Landau St Tigard OR 97223 Tigard OR 97223 Tigard OR 97223 Kenneth Beebe Janet Vorenkamp BEACON HOMES INC Jacqueline Beebe 7576 SW Landau St 1865 NW 169th P1 7675 SW Landau St Tigard OR 97223 Beaverton OR 97006 Portland OR 97223 Bret Lee Biedscheid Phillip & Joyce Sneed Don Biedscheid Jr. David & Joan Traweek 7711 SW Landau St 7712 SW Landau St 7756 SW Landau St Tigard OR 97223 Portland OR 97223 Portland OR 97223 Steve & Darbie Mayberry Thon Dunlap 7603 SW Locust St 7611 SW Locust St Tigard OR 97223 Portland OR 97223 lik raig Hopkins Michael & Kristine Meyer 4 . 7430 SW Varns St. 10057 SW 77th Ave Tigard, OR 97223 Portland, OR 97223 Mark Mahon Carolyn & Weaver Stinson 4 11310 SW 91st Court 9840 SW Landau P1 Tigard, OR 97223 Tigard, OR 97223 Pat Wyden Scott & Marianne Deselle 8122 SW Spruce Street 4413 88th Ave NW Tigard, OR 97223 Gig Harbor, WA 98335 Sue Rorman 4 . 11250 SW 82nd Avenue Tigard, OR 97223 • ._ • 1 / AFFIDAVIT OF POSTING NOTICE . "j WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: • . . ::...:• :;: Planning Divisiois<;�. ::; . 13125 SW Hall Boulevard" :. Tigard, OR 97223 1, i MA t I, I>e'.k. , do affirm that I am (represent) the party initiating interest in a proposed su e. vis a,i affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) 7.>b .7 S. t) , L -A0.11 V ST. - 7741t2 cam, ? 97 P S , and did on the 1 1 day of s �t z n , 19 2personally post notice indicating that the site may be proposed for a (Ii›,DI Pi Si o ).... application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at f"= ) N�== -Tb,.k c ,t.,D. L- & l' 0 s 7_ (state location you posted notice on property) f '19'__ - _ ' 1 _dA* Sig =tune (In the'. of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and swom/affirmed before me on the 11 -0-• day of Se-fte -w 19 • ,•,•_.:7%, OFFICIAL SEAL , 1 - vK %-, ^_ JEFFREY S ELSTON ,7Q. ,c..-...2,. • : NOTARY PUBLIC- OREGON - %* 4 �`;.‘ COM NO. 042074 No A P UBLIC OF OREGON MY COMMISSION EXPIRES MAR O5 1999 My Commission Expires: ' a - S - gFt (Applicant, please complete information below for proper placement with proposed project) rte. OF PROJECT OR PROPOSED NAME: E OF PROPOSED DEVELOPMENT: e of Applicant/Owner: Address or General Location of Subject Property L Subject Property T ax Map(s) and Lot t(s): J J n. log mmpacyVrascerstatpos:r..0 SEPT B -9T TUE 9'39 . P_01 PUBLIC NOTICE, BEACON HOMES, INC IS PROPOSING A SITE DEVELOPMENT REVIEW FOR AN EIGHT (8) LOT SINGLE - FAMILY PLANNED DEVELOPMENT SUBDIVISION WITH VARIANCE TO CUL-DE-SAC ACCESS STANDARDS AT THIS LOCA1'1ON. PRIOR TO APPLYING TO THE CITY OF TIGARD FOR THE NECES- SAItYPERMITS, THE APPLICANTS WOULD LIKE TO DISCUSS THE PROPOSAL IN MORE DETAIL WITH THE SURROUNDING PROPERTY OWNERS AND RESIDENTS. YOU ARE INVITED TO ATTEND A MEETING ON: monomiw • 7 PM, WED, OCTOBER 1,1997 METZGER ELEMENTARY SCHOOL 10255 SW 9OTH TIGARD, OREGON 97223 PROJECT DEVELOPER CONTACT: TONY RIGHEI.US OR JENAI BOWDON AT HARPER RIGHELUS, INC. 221.1131 Please note this is an informal meeting on the preliminary • plans. These plans may be altered prior to the submittal of the application to the city. • • • Ti /E@ZEgT 5 E II • ard- Tualatin APPLICATION FOR SPECIAL USE PERMIT IT SCHOOL DISTRICT PROPERTY School District 231 SEP '' 1997 410 -- .. (I) Applicant requests permit to use scho 1 District facilities in accordance with District Policy KG: Name of Pelson or Organization `A q a q �� �� > � / f �y Home Phone � . Address 52t 6.1A t6c4r�0�6)IS\ � � P 2 � f Ak ♦ 1 � / e � Business Phone 22/ °/J 51 Individual Partnership Association Corportation It �/ 4 ypo Z Name of Alternate Contact Person Home Phone Business Phone • (2) School(s) desired to use (3) Facilities requested for use • t � by i persons: a._Gym i b. Y Showers c. Dressing Room d. Cafeteria e. Kitchen f._Cafetorfum g. Auditorium h.= Multipurpose 1._Classraom(s) j. Swimming Pool k._Playfield Room (4) Purpose of use s.J( fr4 p.4L1 4' 0 O ®i 11) O (5) Date(s) and day(s) of use desired ' CC�Q i e. 1 9 l 147 (6) Hours of use desired: From' 7 to 1 (7) Admission charges: a )(None b.$_ per person per _month: _week; _day c. Proceeds will be used for • (8) District personnel desired: a. Custodian(s) Hours from a.m. to _a.m. b. Cafeteria Hours from _a.m. to _a.m. — p.m. p.m. p.m. p.m. (9) Financial responsibility: (when required) el \ • I. INSURANCE: (a) Name of Liability Insurance Carrier • .(b) Policy No. (cr-L1abtltty Limits: $ Bodily $ Property Damage $ (d) Policy Period Applicant agrees that certificate of insurance coverage naming Tigard - Tualatin School District 23J, Washington and Clackamas :l" Counties. Oregon (Tigard- Tualatin)., its Board of Directors, its officers, agents and empoyees when acting for the District as additional named insureds, coverage v/1k liability limits not less than $500,000 per occurence for bodily injury and $100,000 At property damage or $500.000 Combined Single Limit (CSL) will be filed with the principal's office at the school not later than two- • " days prior to usage, and that failure to fumish auch certificate will invalidate the permit. If any. issued pursuant hereto. . II. INDEMNITY : - Applicant agrees that if a permit is issued hereto, applicant vvfl\provfde supervisory, monitoring, safety and other personnel reasonably necessary to protect persons and property involved in applicant's activities pursuant to permit hereunder. Applicant further convents and agrees to save, hold harmless and indemnify School District 23J. its Board of Directors, officers. agents and employees for and from all claims, demands, liabilities and obligations, including attorney fees, and costs, that they or any of them may be required to pay by reason of or incident to the use of the District's fa(lities bb \icant hereunder. W. PAYMENT TO DISTRICT Applicant agrees to pay to School District 23J, Washington and Clackamas Counties, Oregon (Tigard - Tualatin), promptly upon receipt of billing therefore, all amounts. if any. due to District for personnel costs, use charies. , or other amounts reasonably required in accordance with applicable District policies. Applicant acting by and through the undersigned authorized person executes this application this day of 19 . �, v / •' Distr ict Uae Only PERMIT Yee- Individual / � . i 2 /hP7 /_../1 //44 Name of Ass a non, Corporation. P ership: �/ Granted Denied Charges involved No 410 By 0/1..,,I',-- &hoof D strl School District No. 234, Washington and Clack Counties Title J/L l 5 /4A p-----e_ Hy:: .....:::. White - School Copy Pink - Business Offic :... Title•:`: : : <.: :. ':'.• ;. Date .::: `'• Canary Applicant Goldenrod oldenrod - Custodian Buildiri '' ; >. Form # A -0003 Revised 6/91 ; JCT -16 97 11,:49 FROM: HARPER RICH L INC 5032211171 TO: 5 684 7297 PAGE :01 Harper Righellis, Inc. iv BHI -30 M c October 16, 1997 { Mr 1Nilliam d'Andrea, AICP — Associate J City of Tigard 13125 SW Hall Blvd. • Tigard, OR 97223 N N N Re: Tigard Woods P.U.D. •- Land Use Application Additional Information Dear Will: This letter provides the additional information per your October 13, 1997 letter. Narrative addressing Planned Development approval criteria 18.80.060 for planned developments within established areas. 0 A planned development should be allowed, otherwise the development of the property would be inefficient and significant natural features would require removal (sections 18.80.060.B.1 .a. and b.). The only code provision modification requested in this planned development proposal is minimum lot size. The zoning o code minimum area is 7,500 square feet. This planned development has an average lot size of 7,652 square feet with only three lots being less than 7,500 square feet. The other five lots exceed 8,200 square o feet. • By having flexibility in lot size without increasing density, reducing lot widths, nor reducing setbacks, this planned development accomplishes the following. 0. 1. The planned development facilitates the creation of lots that are regular in shape without the need for flag lots. Flag lots require a greater percentage of a lot area to be graded and covered with impervious surfaces because of the need for long driveways to access homes tucked away from the street. 2. The planned development eliminates the need to fill and pipe the small swale on the property and locate homes in that area. 3. The planned development allows more existing trees to be retained because of the reduced need to cover land with impervious surfaces. 4. The planned development allows more on -site area for tree mitigation because of the reduced need to cover land with impervious surfaces. 5. The planned development allows efficient development without removing the existing home. Without developing the site as a planned development, the result would be a subdivision with either less lots, less trees, no natural swale or a combination of these. This would result in an inefficient use of the land and/or the removal of more significant natural resources. O F I In OCT -16 97 11:49 FROM:HARPER RIGH LIS INC 5032211171 TO:. 684 7297 PAGE: 02 / - • Page 2 October 16, 1997 Tigard Woods P.U.D. • Narrative addressing variance approval criteria 18.160.120 The variance for allowing more than 20 lots direct access to SW Landau Place, a cul -de -sac, meets the criteria for granting a variance. 18.160.120.B.1. There are special circumstances that affect this property. By variance approval during the development of Landau Woods, SW Landau Place was allowed to exceed the 400 - foot maximum cut -de- sac length by approximately 200 feet. Eight dwelling units in Landau Woods access the cul -de -sac in that last 200 feet. That is half the current total number of driveways on the cul -de -sac. At the time of that approval, the total number of accesses should have been considered and a variance also approved for the total number of accesses. Not doing so has placed a burden on this urban undeveloped parcel that fronts entirely within the code - allowed 400 feet of the street. 18.160.120B.2. The variance is necessary for the roper design and function of the subdivision. This property is bound on the west and north by existing development. No access can occur in those directions. The frontage on SW Landau Street to the south is only 165 feet. This is adequate for three access locations, but one of the driveways would be unnecessarily close to the intersection of SW Landau Street and SW Landau Place. The 371 feet of frontage on SW Landau Place provides adequate space for six driveways while maintaining desirable distance from the intersection. Along similar frontage directly on the other side of SW Landau Place there are already six driveways, the same as proposed for this development. Without the variance, lot 3 would have to access SW Landau Street very close to the intersection with SW Landau Place. This is not an ideal location. Also, lots 1 and 4 would have to become flag lots that directly access SW Landau. Street with the flag for both lots being where lot 1 is currently proposed. The buildable area for lot 1 would then be in the, proposed backyards of lots 4 and 5 and reduce the potential for on-site tree mitigation. This alternative layout is not desirable for future homeowners and adjacent neighbors. 18,160.120.B.3. The granting of the variance will not be detrimental to any party.. The proposed lot layout and six driveways on SW Landau Place are not a burden for any others who access the cul -de -sac nor a burden to the delivery of services on the cul -de -sac. The street width remains unchanged regardless of the number of driveways. 18.160.120.B.4. The variance is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result. The prior variance approval created a hardship and denigration of property rights for this parcel. Allowing the added cul -de -sac length and eight access locations within that added length burdened this property by overly limiting logical direct access to a fronting street. If the added - length variance had been denied or proper consideration of this fronting property's future access needs incorporated, this property could develop as proposed without the need for this variance, The alternative layout previously described would require the construction of a 140 -foot long private driveway in a tract that serves two lots. This is an unnecessary development expense. This private drive would be very close to two existing lots on the west inducing vehicle noise to these parcels that is otherwise not necessary. Additionally, the potential for on -site tree mitigation would be reduced by about 40 percent and grading would have to occur in areas currently not proposed, This alternative layout is not desirable for future homeowners nor adjacent neighbors and would likely be considered a hardship to those adjacent neighbors. • ( H\ \R/ .0C1 97 11:49 FROM:HARPER RIG}'�LIS INC 5832211171 684 7297 PAGE: 03 • Page 3 October 16, 1997 Tigard Woods P.U.D. Hope this letter is adequate to address your concerns. Sincerely, HARPER RIGHELLIS, INC. Anthony O. Righellis, P_E_ • • • , arper g hellis, Inc. N BHI -30 m to o October 16, 1997 Mr. William d'Andrea, AICP Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 o Re: Tigard Woods P.U.D. -- Land Use Application Additional Information x Dear Wili: This letter provides the additional information per your October 13, 1997 letter. Narrative addressing Planned Development approval criteria 18.80.060 for planned developments within established areas. 0 A planned development should be allowed, otherwise the development of the property would be inefficient and significant natural features would require removal (sections 18.80.060.B.1.a. and b.). The only code provision modification requested in this planned development proposal is minimum lot size. The zoning o code minimum area is 7,500 square feet. This planned development has an average lot size of 7,652 square feet with only three lots being less than 7,500 square feet. The other five lots exceed 8,200 square o feet. ° By having flexibility in lot size without increasing density, reducing lot' widths, nor reducing setbacks, this planned development accomplishes the following. 0 1. The planned development facilitates the creation of lots that are regular in shape without the need for flag lots. Flag lots require a greater percentage of a lot area to be graded and covered with impervious surfaces because of the need for long driveways to access homes tucked away from the street. 2. The planned development eliminates the need to fill and pipe the small swale on the property and locate o homes in that area. 0 • 3. The planned development allows more existing trees to be retained because of the reduced need to cover land with impervious surfaces. 4. The planned development allows more on -site area for tree mitigation because of the reduced need to cover land with impervious surfaces. 5. The planned development allows efficient development without removing the existing home. Without developing the site as a planned development, the result would be a subdivision with either less W lots, less trees, no natural swale or a combination of these. This would result in an inefficient use of the land and /or the removal of more significant natural resources. • 0 0 N • • • Page 2 October 16, 1997 Tigard Woods P.U.D. Narrative addressing variance approval criteria 18.160.120 The variance for allowing more than 20 Tots direct access to SW Landau Place, a cul -de -sac, meets the criteria for granting a variance. 16.160.120.B.1. There are special circumstances that affect this property. By variance approval during the development of Landau Woods, SW Landau Place was allowed to exceed the 400 -foot maximum cul -de- sac length by approximately 200 feet. Eight dwelling units in Landau Woods access the cul -de -sac in that last 200 feet. That is half the current total number of driveways on the cul -de -sac. At the time of that approval, the total number of accesses should have been considered and a variance also approved for the total number of accesses. Not doing so has placed a burden on this urban undeveloped parcel that fronts entirely within the code - allowed 400 feet of the street. 18.160.120B.2. The variance is necessary for the proper design and function of the subdivision. This property is bound on the west and north by existing development. No access can occur in those directions. The frontage on SW Landau Street to the south is only 165 feet. This is adequate for three access locations, but one of the driveways would be unnecessarily close to the intersection of SW Landau Street and SW Landau Place. The 371 feet of frontage on SW Landau Place provides adequate space for six driveways while maintaining desirable distance from the intersection. Along similar frontage directly on the other side of SW Landau Place there are already six driveways, the same as proposed for this development. Without the variance, lot 3 would have to access SW Landau Street very close to the intersection with SW Landau Place. This is not an ideal location. Also, lots 1 and 4 would have to become flag lots that directly access SW Landau Street with the flag for both Tots being where lot 1 is currently proposed. The buildable area for lot 1 would then be in the proposed backyards of lots 4 and 5 and reduce the potential for on -site tree mitigation. This alternative layout is not desirable for future homeowners and adjacent neighbors. 18.160.120.B.3. The granting of the variance will not be detrimental to any party. The proposed lot layout and six driveways on SW Landau Place are not a burden for any others who access the cul -de -sac nor a burden to the delivery of services on the cul -de -sac. The street width remains unchanged regardless of the number of driveways. 18.160.120.B.4. The variance is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result. The prior variance approval created a hardship and denigration of property rights for this parcel. Allowing the added cul -de -sac length and eight access locations within that added length burdened this property by overly limiting logical direct access to a fronting street. If the added - length variance had been denied or proper consideration of this fronting property's future access needs incorporated, this property could develop as proposed without the need for this variance. The alternative layout previously described would require the construction of a 140 -foot long private driveway in a tract that serves two lots. This is an unnecessary development expense. This private drive would be very close to two existing lots on the west inducing vehicle noise to these parcels that is otherwise not necessary. Additionally, the potential for on -site tree mitigation would be reduced by about 40 percent and grading would have to occur in areas currently not proposed. This alternative layout is not desirable for future homeowners nor adjacent neighbors and would likely be considered a hardship to those adjacent neighbors. • • Page 3 October 16, 1997 Tigard Woods P.U.D. Hope this letter is adequate to address your concerns. Sincerely, HARPER RIGHELLIS, INC. Anthony O. Righellis, P.E. • TIGARD WOODS P.U.D. LAND DIVISION APPLICATION 1 . :, , . , i . . , . 1 1 1 7 -7 (____ ___A ` �_1 APPLICANT /OWNER PETER KUSYK 8 KURT OALBEY BEACON HOMES, . ELMY000 SI 11 11 — _ _ _ - UK. PI MIA AVENUE — BEAVERTON, OREGON 97008 1 15031 524-1999 ' _ _ — BARBARA LN II �- I I I _ 1 EN .1"----,--C. J J j J -_ _ _ �� Y _ _ — _ _ - I _ _ _ _ f _ _ HARPER R2HEL /S, fn r. 5700 S.Y. MACADAM AVENUE m SUITE 580 PORTLAND, OREGON 97!01 HEMLOCK ST _ -- -- I 1503/!!1 -1131 1 _ - _ _____ ___ lir s ! _k i3 � 11''11 E - - _ E SCAM r . zoo* SURVEYOR - - __— __- p _ - _ _ - - -- 68 L LAND SURVEYING, ARr. u .:.._ g a : _+;: � NI — — 'AMC; q MS AVENUE L — _ RTOA( R LARCH ST 11111 BEAVE 1503/ 0l t -0308 OEGON 97008 J 1111■.. ___ __ __ • ' VENTURA OR LANDAU ST - - — PROPERTY DFSCRIPTION I I I II LEGAL DESCRB'TION- 157 25CD -4000 J I ' „b I I 1 ZONING: R -4.5 I � PARCEL SIZE: 940 ACRES 10 I I 7 1 — -- USE: B LOTS I ! „ 1111 1111 I , SHEET INDEX e iii ,KRIS. Sr 1 1 1 1 I 1 TITLE SHEET / CIRCULATION PLAN — --- I 2 EXISTING CONDITIONS 1 1 i 3 TENTATIVE PLAT -_ -_ 4 P.U.D. PLAN - - 5 STREET PROFILES 1 -- T - - - I I 1 I IIII 6 GRADING AND DRAINAGE 7 UTILITIES PLAN d UTILITIES PROFILES 9 TREE REMOVAL AND MITIGATION PLAN CIRCULATION PLAN DESIGNED. SHEET NO. 'NB .per TITLE SHEET / CIRCULATION PLAN DRAW ": INB lghellis, Inc. • • ' • • R, TIGARD WOODS 10F 9 • CHECKED: AOR DATE _ NO. DESCRIPTION (.3)221-1131 �°° "" ( MAIM 4511170. � ""°"'°"""" "'m' TIGARD, OREGON DATE: (503) 221-1171 R E V I S I 0' N S /0/6/97 108 N0. 016-30 1 • • EXISTING LEGEND 41 1 i 1, i : - SPR II : .. i="*.■4==g M ( . 4,.. •-• .: : • ,;... INKLER MCAT= VALVE sr. , ■ . . < •:;'.7.1“.. * r .. r-7 % • . . FA . TELETHONE 991:9444l STALE r . 342 es _ _ 1....,..,..' , i_... ,. 4 .. ,.. , . .3 _ .- ' -.• - .4 ...,. . t ' i - - - 449 uve • i''' ' -- r -..-I .Z.L.71? 4. 4,' 111 : '." . • ".! . ..I. ..... a... - ■ : : • ...: 4 7 , 7 ' 7 :74 .:4 1 . 7 ."-.. \ . ... i'' .. ..,CN . ,- 1 . NATER LINE .... :sS --I. 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INLEINIma mr..a•11 I WESTERN Rfa MAR , INELIMM,M1111114,. RA • Abu. nen • M NIMMIMAINIM.i.1111111111.1111111.:-AMEARIELAN I RED ALOER I NEIDINAWAMM;AMERLINIIIILLIIMMAMIMMIIIICIIMINILAMM.I,MMININIINIE;AIN E • pn......71.t. • IN I M I MEIl i kell1 1 1F I A 1 E.M Mlfl 1 TrZza L... =1111411NILVIIIIIMIWAINIVIAI r ... INE.Lie;..1011INE3.12....1.1114.MIWILINIM. I Nos, 'Haar lirlaill=.W=1.4111fft2"rAo;foorhtrn 80301. • W.i1MINIE•41111111111.LANIMMINLAIIIIIIIIIL;111111K4MMAIIRICIIIIIIIIIINEAN ll • reap ramttma• M.MIM..illItii111 INEJNIDELMIM..idINNILAIIIINILMIM.;.1411M.2/1111111LLAIIIM..101 I CISTERN NENLOCK I • IMIANIMAIMM.111111•14MIIIILL=M;JIMMIEL11111111112.:=MIMIMI41111111LANIM.:11M EN • Aar 4•08441.44 1111.1111111114.11111111/EMI_NK;MINLAMMINIL911.41■11•LAMIN.4111111114,111111112.14/1 I SILVER PAPIE MAIM .L.:4.1MIK.:1•IMMIINLIIIIMINELJ.Mme_m1111114111111LAIIIINk.s.MMAMINILLIIII • • 181444 - MEMikl.4.4.11•Lii•If2M111121111111.4.19W4:411.111t9MILJNINgintiii. 1 449LE I REJ/IWAMMAIIIINNEEMIIINEIMMAINIFAINIIIIIIMLAM111:111111111111W/i• IIILIMIIM.I.LANILI.11111111:111•1■1M.:/i11111C.1111111E•MIIMUIMINNILAIIIIM:•MRIELAI DESIGNED: SHEET NO. MB ' rper EXISTING CONDITIONS ORMAN: AB Zghellis, Inc. IN DINNER. TIGARD WOODS 2 of 9 CHECKED: • AdR OM S. MAIM NOM SWF SlIMPC../.10. OR PM DATE NO. DESCRIPTION TIGARD, OREGON (. RAS (SC3) .21 DATE: RE VISIONS 10/4/97 108 N0.810_30 DEPTA1f MGnf.o,.wA f I I — � SO T OF_�Ar . , .. a r . J ,, ° -. — _ _ S.W. LANDAU PLACE — I I �_ l,y SCALE: r. 30 r �,' ,e!'. _ zsi it — — _ _ i' .- ........._ � n n I W : I -f '��"""" —TT s sLO � — - 1 � ,� ,� P0.: Mlle: I T o or f• � � !'.r' TI Prezx 1412. + . �' ° : 1 : a l iT�;" 1 I I I Ih 1 2 • 1'y i . i 3 I .:C 1 cµ3 SP. ....+ 1 I I 1 1 1 r -I 1 i \ or'gy __ I I I I M I I I I \� \ \C \CSR ! j:s i I „ 5 1 ' S' I.fs< SF •' ' f0 B'NCNOVfO ..I r I :...^ R[SC.'O.7 � I V 8 '1' I 1 1 I .1", N CPU SF. • J! &n, SP : : 6 1212 sc, i S� \\: 11 ` I I l I fs< S f. 1 1 t I I I.ts'sF I I I I .. .. \TRR\ 1 7 I I I I I : 1 1 ' ( : F0 0f afn0rf0 J �-- I I ( I E �I ° 1 I I {1 ; I I I I N I.SII S F 1 1 ... . sI °• se I' . —..L. so r. r.. —. I s. 1 IV 6' i I I � I I I f I AREA BREAKDOWN • LOTS 61,219 S.F. RIGHT OF WAY 134 S.F. TOTAL 61.353 S.F. DESIGNED. SHEET NO. "'B rper TENTATIVE PLAT DRAWN: JMB lghellis, Inc. CHECKED: •��'� TIGARDWOODS 3D� ADP "° DATE N0. DESCRIPTION ° 91/ 3 '""` n""'°° 001011110. ° °' "' TIGARO, OREGON GATE: B10 -30 (5035 251- 3331 -1131 FAl wl n1 -1111 R . E V I S I 0 N S 10/0/17 JOB N0. • • • • a[ararE aHr c- os -w4y 1 t IMO LANDAU ST • W M LANDAU PL l"•1 �Tw V - MAY - -.••V M-r:; ROR !0 RAdUS 0 - ••r -••• F .. v .. ...........aa. ^4444....__.— .+� x.....: ............................�.� i .. t x.... ` ...i " . ^ a I 4444 4444., � .t. 4444.. + •.. .. " . ` .. • . ; r• ; •, SCALE r . IB• E • /� ''� %' rM y S.W. LANDAU PLACE AM toff l .. .. ,. T 4M1 .. ...: *, . .•,'t: 4 . 44 4 '... •.. f / ' . i %:�. - f '.roc' - i , .. 4 —1 ' .'~.,'•.ntr , . -^ i .i Q(4 I -, . f. ' • �!y ,,. il I � I r I MS),IS LAIOAU PL. IT PPr ■ 0:> _. \\ J :• - /' % ' �'/ >/' I I I P MAPS "WAY SC er LE--- y I suer, n.m f7. L�dAU x I I I I4 I I + 2 3E , nn ClNK7fUCTRN i I I 3 I y Q 1 64 SP 1 . I L I I I =I I r cm\m\-.7 ; __ 1 I • • L J L J_I L J ` I s . 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Q l K to • '' r Ll7noonra s ve "� , x COMPACTED SUBGRADf c••,,.yy.• .• - .� • - � •, -., , .,m. '.s COMPACTED SUBGRADf 0" CONCRETE SIDEWALK ASPHALT CONCRETE ASPHALT CONCRETE 0' CONCRETE SIDEWALK STD CURB CRUSHED SUBGRADf CRUSHEO SUBGRAOE STD CLUB LANDAU STREET SECTION LANDAU PLACE SECTION ' r. le . r. u• DESIGNED. SHEET N0. MB rper P.U.D. PLAN • DRAWN: JMe ighellis, Inc. [NECKED: AI w A, I N 1 IC a Ad) DATE N0. DESCRIPTION — (50 �^': ^mow+anm1 TIGARD, OREGON DATE: (505) 221-1131 FAX (505) >z1 -nn JOB NO. R E V I S I O N S N S I0/6/97 In r ., r . I I i a2 : i 1 I i !I Gd M #d a me ....1 t • Gd j i = iM1 7.7 _ • I i' ;a E ! M X007` — :•a • -- r - - - -a Rd « d 4,d d ' on& - - : I a t Z.! 3; 11. i M a I POPE= GRAM Al en/)LIRI• ne . 1 Ed d 77t a • 11 >, 7.e.y -- - M d = eleK k IX 1.. d1AlE A r (77/77LA! . M I..! 1_ ..' ,,, 14 MOM AI W/IRILK .1-f In I a t + 4. I IANDA`il PLATE OUTTERLINd PROFILE scut r . Ar nIM¢I . 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LANDAU PLAC - aro l / ". 2 I ' / . ) .1,{ I� .. r M ' - _ - - - T ..t nsr cr_ r �uSN — — , — — i ._1___ _ , Iro v. -- v. . • w r y J' \ y .e• i t s N?l+C_IC_O�t;stli OB�g YIiiOCL____ _ Patel ®bra► ij ®� _ _ ti i i I • i i e I All IMMILIZIWN /g �i1 L�Sd�.�t ,�Y �s� _ — �' W . ; -.x � ; y � y •.. q . a�l� �..� R�G�III�IiI (F�fiiR�l i�S� 1 i � 1 ��� \ IL.L I ./. it . ( . ; . .. .� r. t \ CC : 1 ...., 3 t , r % : s � � .• . .I \ ` F i t ,i'�.. ,�• — I `,i • "e� "' :sxar , i -- sm- rA+ -f rw + 1 1 t7.4 • j *1 sIOI(1IN 0 1 .">,:- - 1 I — sr . — /QM /N t Sl. S. r•IAfO Q ' RE. - • h , f .. I `I [A MSN I RI VI- HN:`.I I I I 1 •. • I S(RW l .�l). Sr. fff O.2716S�/ ,, ,.:0 , ;> ''. 1 •''' MK. M 6' PA f S/AY.1S Q.S�• r 1 I I )., I 1 f n mJ R . „ . t I $ J r 1 ` 1.. . r frR I : C'i I i I I i �; I I rn. afar( 9s• Rr. 3 I , 1 I Q L. 1 I I .l..l I I t ' , 1 ' : • j I • I IME STORM NI r j •` I �! �l 1 s 1 ' , • I i I ( \ - L -- --- I - - - - -� ' 1 h. 'N• 3 • ' Sr. s,L s Ms3 ffr• er. . 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WT Ia. - 707.75' f17 •0(I CATCH BASIN MN EL - 7JI<l IE. our N - 116 rr• or [ON[I © CA TCH BASIN PM (1 - 770 I[. our 0ISr - 117.70' 117 POT, IE. W WEST - 1I8.00 110' PM NOTE; APPROXIMA TE TIME OF YEAR FOR PROPOSED SITE DEVELOPMENT IS WINTER OF 1997 -98. DESIGNED: SHEET N0. 'MO ,Y rper GRADING AND DRAINAGE DRAWN: NI3 lghellis, Inc. [NECKED: fNOINfs.II TIGARD WOODS 6 � 9 AOR 6 O. PovnlW A IE R OP DATE N0. DESCRIPTION — 700 `i MOW nf ( . 7201 TIGARD, OREGON DATE, (5u0 221-1151 PA (WM 721_1171 R E V 1 S I 0 N S JOB N0. 8 m /d /PT 14-30 • • 33 w ,ter: -, ).. - - - -- ,r, :- ...... _,3.33 •":-:, SEAL( 30' ex .; ; - � ; y, —. ...f Vi .. DO ME YAru _....... ...e.._ / ' w. ++ ( j . ^' 2013 ... ..._ 3333.. �L ° - ' n LE.rs r• S.W. LA NDAU PLACE . r 0.11 i - � �y, `.y - , . - - ,� - I - ~' -1-- — 1 - - -+ - 1 - -f _ ' _ ' ! - . __— ... ..... _ y3) � y . ' �: = � t me d — —... .. : •` W I s ,.+`'� ,r .r • • - mss+. ...:� ^w R. , �Q ss. . • SAW WATER SANITARY � � . f r f m 3333 .�o E� �. I C00AAOnr 1 T + � - . *'i � ' ^` \.E ,Y . .4 s , , ' , SERVICE rml 'AN Srw :S.le . • : . , (f., I e X / . j I f/. STA. Iona IT A/. ' RELOCATE (MS CONNECTION M Q A� \ , . : I ENR LA r sAAITARr N \ r- 1 SA/MIT I I LD r � ,yR � iN .r \. sr. STA A.n.n Sur R STA•it. N ( I 3 sw....� f 1¢ '' �" "* 7 ST. T. , I I J N I I sr. STA. S MEARY I R ,Y. I I I -- 1 3 k ; I SAN STA fen • / t -- ---- I I l^ 3 pp s \ 1 I I i : ( : n 2 II C1) 8 ; T RELOCATE EXIST. ' fyr 1 , I I ` 1 A \ 11 \U \\� \\1\ ;; YAI[I KIIR , I I 1 ' I 1 1 I �'� i I ' II SANITARY SEWER NOTES I e-: I . i I ��L I SANITARY MANHOLE 1 1 j 1 j RIN EL - MIN.' I M CAST - MIM' Or (ON(I IE. OUT YESr - MOT IN" CORO • Q SANITARY MANHOLE RIN EL. - EMM' • • It OVfN - MI TI'110"PY(1 • Q SANITAR MANHOLE • H EL. - tTRn• 1E N' SE. - •0113 llE• IY(I IE. OUT NE. - MU'Or PRO © SANITARY MANHOLE WI FL - X1 LS" It. M EAST -LEES IN• COMO • It IN SOV0N - 73 0 In" CONGA - It. Our NORM M. 11. MO OS SANITARY MANHOLE R. EL. - MSL• . IL IN SOUTH - M IR TN COACT it Ni EAST - AP, Pr (070 . 11 POI 0ESr - toot Or CONO ■ DESIGNED. SHEET N0. ANR ,Iharper UTILITIES PLAN DRAWN: J `�'lghellis, Inc. CHECKED: .NtNRER . TIGARD WOODS 709 AOR IO DATE N0. DESCRIPTION C 9 MM. MULE °PL'°"'N" ' °" 0'201 TIGARD, OREGON OATS: (503) n1 -1131 FAA (5033) ELI -113) R E V I S 1 0 N S 10/4/17 JOB N0. X30 • ■ • • • .t ati • Zi ;In:!!" st 1 d M7 ms, .. ,,. • de Maino ��'" ^NS t ' Kf - Nrflcn miaW 1111 1 oh asaa t,v L r. n' lVE s . arses t • • i ( 1 1 0 13. a. MI 3 i 1 = - �; I STORM A PROFILE BALI r , 3r BOMB r. w NEBO BOO MI BPI 340 r.M 540 • PO ` _ r LM :,,„. t 3 ' •yyy _ 1:1 - IN -: cl-gi .4.-t- � Bat NOM BI d Hr — — .r❑ STORM B PROFILE « BALI r • b' WPM r. wrvNu 041 AM BO, r,l s SANITARY PROFILE BAIL r . 3r• PWW.1 r • m• NER,3 MM '.M BOO DESIGNED: SHEET X0. "'R rper UTILITIES PROFILES DRAWN. Me 41f Inc. CHECKED: M O: N E C N f TIGARD WOODS 8. AOR S" OATS NO. DESCRIPTION Is "°°' "109911 "`"'L "�''°'""" a °' "' TIGARD, OREGON DATE: m) xa - �: n not I s m s a: -nn R 5 V I 5 I 0 N S JOB ND. • MAIM 810-30 • Y .. � %.:. �...�'" AU PLACE ... ..._.... -- ...x ''— S.W. LAND % SCALE: r • 36• ' 1.181.E L 1.111[06 I ,:;, % li tl4 I, V �� „ , .. iii I .a :;i , . . si S i r Ae 'r ` ze —7 :7' 4 ' z z0• tn te e; .'fi ° .' . iTi t.. r02c^ ' a. a ' r i . ' .a '4._ SZ . I r i i Y: - - + A _ c) i I y' -- �y :z O ' Q �•E.r' L%'� i amp,. ros I 7 I 4 47 I ^!� I I zz I 2 R Y�rr ' % ' I I ;+ {iJ ez. I i ` 77 ` i L Ciz 1 il Ji JO L I 3 I I J T rI A){ I rs 1 I 'jiC DDS i . l' et `'7 I I I L I r e � l � fi I^e' I Iw yt 7e 1e se I r-- t -- --- --- \ u Ise V1 • f I 107 !1 ° 4f I as l' I • FI '♦ d. ' < ;) s1 ' 1 i,tt ' ` 810.4 4 ,,, , - De 97 j I ^ I ' 4�' L�� I� I I ; ^ \ 10 rl,l I Ig I 101 1 1 1 T • 1 too 6 1 s. ' "so I I In ( I ��� \ 777 I / 1 !1 �\ �UU1\\L\ \\1� 1 i 1 , L r ; 7 i / i i L J i L J i' ~ � I 121 7'!Y!=` I r I O 1 1 1 t --- " \ \\ \ \ \ \\ \� 1 1 1 \ V 1 Itik2 I 59 1 1 I L _ _ - . ' �'..:. .. t ( I Iu Q I I L e ualuc vDACK J '�\ _-- I J { I IYPI -- — O.', 1 �Z�CY\tfl lz 1 ' =g ?, : ; } �I �3 ;,;, J ' i t., 1 I J 1 O � I ? O O 1 �� 9 1 I 7 tt �� .811 `! 1 ; � y a t. K i 7 i 'i 7 1 � E At; _ L e AREA OF TREE ••`' "LA.T >' >' MEGA no. MANTPI ' :: ^ S I I I ' TREE IDENTIFICATION TABLE 1 FREES 1 0 N warm ARE srLAOED I INI..!r. fAN�A P C:L(L. t_ AIINA.:ar�a,Z �ry 1M�t:' ∎M:: IMIMM:l•��t:atlMiNStaesa�:�Wta ' NrMIM.itLiNtr=.LIM:fit:1•t■ W MMIIMM:!<TiMLAIIIMIMI • . NI .MNE:�N'JiINUIM'� NE1��NI:iiNf �.:::lt:1111 i " NLIIMMDM l:1NNGINL1ANI Nut NL ialNLJNINEiSNE.AN MN-LAN ' i/ aNIINNINC7NNEJINIM:. :i.MMAt! /<:ANINIMLiMM�O NIONIMMM∎ ‘ . NLMNI:01♦NLYNNEi1Nl.JNINL'LN N[lNLiN•:UNINLANNNIa it TREE LEGEND • Nut N NL `i IIMA GUM MI MINNEL1MLA•NLINNIMINIM.IMMIMI i ii. LINIlJiIMIMMIMMIINNILiIC .1=MIUMINIi:it3LN OP • Irr. .sw �aR . REPRESENTA TIVE - NUMBER 'iIII'C`.411MliMt1A•f:LMIii•iiiI/EWAMNIMM II TAN I DOUGLAS FR ACTIVITY LOCA TION SPECIES /U ATTRIBUTES OF TREES N.ii/NLEJINICI1/♦N a - i.1 1NC3N �fSIMU= 7� N1 N • ANN ...PONS iNNE•N t1 w,•Madient1aaN �Nrm[1N IUNIMN I e1lEA1 mar 1 PLANTING ON -SITE WESTERN R£0 CEDAR SCREENING, FULL FOLIAGE, TOLERATES WET SOILS 60 t! 1L... 1aiNt EfiSalililDIML 'P.^JiLNNBat7 ∎t:LN°NE-• 'wI' O1~ PLANTING ON -SITE PIN OAK FORM, FALL FOLIAGE, TOLERATES WET SOILS 40 NIAM INE.'alJt:lli:! /iJNK1�N •y YiN1t■ I IIESIERM RED CEDAR I �+��� Q+ SUBTOTAL ON-SITE MmGAETON EBB N L=M.M J•t 11NI NCEN ♦NLJitEt1/M/HNLLIMIM/MIMMINN6fAi I MD ALDER I tritLMt;iNt>itJJ,•;yNIMIMM at;yNiOlvty 1 • n... ._yr1. PLANTING OFF - SITE !11 UNSPECIFIED N/A 111 MAMIIM • NELYMMUM W,MME13NNLEMMi=t1NNtiiflIEANNIM.3N 1 arr1R or l TOTAL MITIGA LION PLANTING 211 NEi1NmaNSL1• NNLUA 1 • I IM•1.R. r 1 o..M. ti1NRr♦ Nramm t � N4.t♦NL'li' � NEiA• 1 CALIFON. lAlaEl I iE1NC2..MM Nt!1t1EMNE:L INUMIM iiNtICANIM M I LOC • 61•811•. Ma...ne (0 REPRESENTATIVE SPECIES ARE TREE SPECIES THAT WOULD TYPICALLY BE USED FOR MITIGATION PLANTING TO MEET SITE NLLMM∎11 :l•NIJNLLMWANNIJ r Na�LLN 1 WARY toms, I OBJECTIVES. ACTUAL SPECIES WILL BE BASED ON AVAILABILITY FROM THE NURSERIES AS WELL AS SPECIFIC SITE CONDITIONS MELIMN a •AINI �� ' a E a O. S. ° I .Mwlr THAT EXIST FOLLOWING CONSTRUCTION. NLt1NSMNKJRNt r.NCEIMMYNMANINIalliNf,i.MM ;!•NLLN N • E..E....r..t. NELI NRE∎MMD ELNIIM'NIUMMI MCMIM;'NNljJIMIKLAM t;1111 1 EASTERN HEMLOCK I 1111LUNIt C;Mt JNiflit !•iiNtllisaiiN•k!•tS%!t;}N SR• A....M.Ae.. (2) TIGARD CODE PERMITS PLANTING OF REPLACEMENT TREES ON OTHER PROPERTY WITHIN THE CITY. ALTERNATIVE: IN LIEU NLE1Itii•i1N NEIMININC1rt11NNZININNL➢N•:LINIt:AINI/1AI ■ RrER MAPLE I NEiiiy: 3• i;1•t11t.t;rtdNfEyl'+•i1MM ; A • •... OF TREE REPLACEMENT, THE CITY NAY BE COMPENSATED FOR ITS COST IN PERFORMING TREE REPLACEMENT. NE. 1 i:M t•.AMIIIC UMMAIMM N11IMiNi'tM 1 ARRE I NerlNnatNUNUNCJIINI 111NLY.:t! {fitI1 i.N••:ANtLtt6J•i:IM •I.•tJ1 •J DESIGNED: SHEET NO. AB rper TREE REMOVAL AND MITIGATION PLAN DRAWN: PO 41f Inc. CHECKED: L M. I N e c N 90F9 A00 DATE 710. DESCRIPTION ( - 1""G"E'"" "m` 31 PAP O) °N4 " °' "' TIGARD, OREGON GATE: »s) Lz1 -11 221-1171 1 08 N0. R E V 1 S I 0 N 5 E0/6/07 870 • • Ali, . � CRY O OFF TI AFFIDAVIT OF MAILING ='`T I' QAQD Community (Devslopment • L Shaping , Better Community • STATE OAFORE ON ) County of Washington ) ss. City of Tigard ) I, Patricia 1 ittnsfotd, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the ity of Tigard, Washington County, Oregon. That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: - 7262,07/14/4 4 iwci a.w..+......- - Miter ouldeisrla We1 WWI .,,r,.rh. O City of Tigard Planning Director V Tigard Hearings Officer • Tigard Planning Commission ❑ Tigard City Council ❑ That I served NOTICE OF (AMENDED ❑) DECISION FOR: a.....+...w....) 0 City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (duct morgrlatb ha bdu O City of Tigard Planning Director ❑ Tigard Hearings Officer O Tigard Planning Commission ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy - - PUBLIC REARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL OBDEB/OTHER NOTICEISI of which is attached, marked Ex bit "A ", - , mailed to e-,,, a person(s) at the address(s) shown on the attached list(s), matted E�bit "B" : the ;S d • y ofer :4 r ' 1991, and deposited in the United States Mail on the 1 1 day • • ri /�'!/ / / 1991. postage prepaid. • /. , IPe ' I thatP -dam col Subscribed and swom/affirmed before me on the ' li da of I l" Y — ..fiNAILu 19 ,.� OFFICIAL SEAL \.I 31�/IAL '� ",; NOTARY PUBLIC - OREGON \ ,;;® COMMISSION NO. 046142 MY COMMISSION EXPIRES SEPTEMBER 07. 1999 NOTARY POBUC OF GREG 14l My Commission WI MOM: _ gASE liat ai e q '37 - OS — CASE ULM 7 6/ 912 D hU SW/ VO,OW • • EXHIBIT A'_11 • CITY OF TIGARD Community Development • Shaping A Better Community PUBLIC HEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY NOVEMBER 3, 1997 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO: SUBDIVISION (SUBI 97-0008 PLANNED DEVELOPMENT (PDRI 91 -0004 ZONE CHANGE IZONI 91 -0006 VARIANCE IVARI 97 -0016 FILE TITLE: TIGARD WOODS SUBDIVISION APPLICANTS: Mr. Tony Righellis OWNER/ Beacon Homes, Inc. REPRESENTATIVE:Harper Righellis, Inc. APPLICANT: Peter Kusyk & Kurt Dalbey 5200 SW Macadam Avenue, Suite 580 9500 SW 125th Avenue Portland, OR 97201 Beaverton, OR 97008 REQUEST: A request for the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into eight (8) lots ranging between 6,568 square feet to 8,254 square feet; 2.) Planned Development Review to allow lot sizes less than the minimum size required by the zone; 3.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map; and 4.) Variance request to allow a cul -de -sac to provide access to 22 lots, whereas, the code states a cul -de -sac shall not provide access to greater than 20 dwelling units. LOCATION: 7607 SW Landau Street; WCTM 1 S125CD, Tax Lot 04000. The site is located at the northwest corner of the intersection of SW Landau Street and SW Landau Place. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106,18.108 18.160 and 18.164. ZONE: Residential, 4.5 Units Per Acre; R -4.5. The purpose of the R -4.5 Zoning District is to establish standard urban low density residential sites. The R -4.5 zone allows, among other uses, single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 TIGARD WOODS SUBDIVISION INTERPRETERS UPON REQUEST. AKEASE CALL (503) 639 -4171, EXT. 3 VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES PliiiTHE DEAF) NO LESS THAN ONE WEWPRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER OCTOBER 14, 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA, ASSOCIATE PLANNER AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. CEDAICREST Sr = _ -� o -+ -- X11111 ■II ■11111 11111111pur 1.01m ■IL'1■ End 111151 _ J NEM 1111111 amino • ■L'IN ■'fir LI I__ •Thr nun! f 1 1 t I ■ ■ 11.% , 1111111W ii;ui `:1 ■m nit - J - -I I- -- _ - 7 I I I II ✓ I I I I I I I n af f ie r SUB 97- 0008 /PDR 97- 0004/ZON 97- 0005NAR 97 -0016 TIGARD WOODS SUBDIVISION • d • EXHIBIT 13 1S125CD -03901 S125CD -03902 ELLIOTT, LOIS A TRUSTEE HAWES, ROBERT F 7675 SW ELMWOOD 9760 SW 77TH AVE TIGARD OR 97223 PORTLAND OR 97223 J 15125CD -04000 ^� 1S125CD -04105 BEACON HOMES INC 'V MANDAVILLE, JON E 1865 NW 169TH PL 9880 SW LANDAU PL BEAVERTON OR 97006 TIGARD OR 97223 /1S125CD -04200 J1S125CD -04201 ,/ BACKARDJIEV, ALEXANDER & REMMICK, DELTON D & MARY M vvV RUMIANA 7501 SW LANDAU 7505 SW LANDAU PORTLAND OR 97223 TIGARD OR 97223 1S125CD -05700 15125CD -05800 V/ FOSTER, ROBERT J & VIVIAN J ANDERSON, DREW N & 9990 SW LANDAU PLACE FONSECA, CYNTHIA B TIGARD OR 97223 9950 SW LANDAU PL TIGARD OR 97223 1S125CD - 05900 J1S125CD -06000 NEUPERT, KEVIN R STINSON, CAROLYN HOLLEY & WEAV 9900 SW LANDAU PL 9840 SW LANDAU PLACE TIGARD OR 97223 TIGARD OR 97223 4 S125CD -06100 1S125CD -06300 .... STOREN, MARK N & PATRICIA C TIGARD, CITY OF 9810 SW LANDAU PL 13125 SW TIGARD OR 97223 _•.=P OR 97223 k/ S125CD -06400 �/1S125CD -06500 HUTCHINGS, KATHLEEN A THORNTON, JOHN D & DEBORAH K 9799 SW LANDAU PL _/ 9781 SW LANDAU PL TIGARD OR 97223 TIGARD OR 97223 / S125CD06600 1 S125CD-06700 BULL, PATRICIA RENEE FERRELL, RANDY EVANS & SANDRA 9763 SW LANDAU PLACE 9745 SW LANDAU PL TIGARD OR 97223 TIGARD OR 97223 "1S125CD -06800 1S125CD -06900 SEELY, ROBERT W AND SHALEE A LANTZ, MARK A 9729 SW LANDAU PL 9711 SW LANDAU PL TIGARD OR 97223 TIGARD OR 97223 1S125CD -07000 1 1S125CD-07100 EVANS, PATRICIA L CHURCH, MICHAEL W & BARBARA J 9706 SW LANDAU PL 7440 SW 35TH TIGARD OR 97223 'PORTLAND OR 97219 1S136BA -05200 • 15 A -05300 TRAWEEK, DAVID E & JOAN E BIEDSCHEID, BRET LEE & 7756 SW LANDAU ST BIEDSCHEID, DON A JR & PORTLAND OR 97223 BIEDSCHEID, RANDI J 7712 SW LANDAU ST PORTLAND OR 97223 1S136BA -05400 15136BA -00300 V / MEYER, MICHAEL R /KRISTINE L BRITTON, DAVID DENELLE 10057 SW 77TH AVE 1919 37TH PORTLAND OR 97223 DES MOINES IA 50310 j 1S136BA-00400 ) 1S136BA00200 MILLER, MARILYN G AND HANSON, DONALD E & SHIRLEY WALKER, MARGARET A PO BOX 12 10080 SW 77TH AVE WELCHES OR 97067 PORTLAND OR 97223 1S1363A -00201 1S136BA -00600 MAYBERRY, STEVE AND DARBIE DUNLAP, THON R 7603 SW LOCUST 7611 SW LOCUST TIGARD OR 97223 PORTLAND OR 97223 1S136BA -00100 1S125CD -01900 LOLICH, RON SEAMAN, LARRY E & SACHIKO 7055 SW DOGWOOD DR c/o DESELLE, SCOTT BRUCE & MAR. PORTLAND OR 97225 4413 88TH AVE NW GIG HARBOR WA 98335 1S125CD -02000 /1S125CD -02001 KAUFMAN, F L & PATRICIA D V BEAULIEU, THURMAN T & LOLA 9865 SW 77TH AVE 9895 SW 77TH PORTLAND OR 97223 PORTLAND OR 97223 1S125CD -02800 1S125CD -03300 DORR, ANNA MARIE TR & SNEED, PHILLIP F & JOYCE E N DORR, GEORGANNE M TR & 7711 SW LANDAU ST DORR, JOHN D & DORR, PATRICK M TIGARD OR 97223 9925 SW 77TH PORTLAND OR 97223 1S125CD -03400 1S125CD -03500 BEEBE, KENNETH R & JACQUELINE R SHELDON, DAN M & SUSAN Y V 7675 SW LANDAU c/o SMITH, JUDITH ANN LIFE EST PORTLAND OR 97223 21310 SW WILDFLOWER DR NEWBERG OR 97132 V 1 S125CD -03600 S125CD -03700 RAUSCH, TAMERA J JOHNSON, DONNA R 9900 SW 77TH 9870 SW 77TH AVE TIGARD OR 97223 PORTLAND OR 97223 J 1S125CD -03800 1S125CD -03900 TURNER, GREGORY A & CYNDI A WILLIS, MARIE E 9840 SW 77TH AVE 9790 SW 77TH PORTLAND OR 97223 PORTLAND OR 97223 III • 1S125CD -07200 M STEPHEN H & A S125CD -07300 LEACH, CASSANDRA E GLOVER, DONALD & MARY F 9734 SW LANDAU PL 9750 SW LANDAU PLACE TIGARD OR 97223 TIGARD OR 97223 TONY RIGHELLIS ' PETER KUSYK & KURT DALBEY HARPER RIGHELLIS, INC. BEACON HOMES, INC. 5200 SW MACADAM AVENUE, SUITE 580 9500 SW 125TH AVENUE PORTLAND OR 97201 BEAVERTON OR 97008 10/15/97: Ran labels in ArcView. Compared the two and found' ®property owner variations Decision was made by Planner, Will D'Andrea and myself (Patricia Lunsford, .} __.c Planning Secretary to send notice to the two (2) in question. T - -fore, t following were also notified, but the following day (10/15/97):. / / 1S135CD -07000 1S125CD =04000 • WOLSKI, PATRICK R & JULIANNE JURNEY, P CRAIG 9706 SW LANDAU PL PO BOX 231296 TIGARD OR 97223 TIGARD OR 97223 JURNEY, P CRAIG PO BOX 231296 • TIGARD OR 97281 • 1$125CD -03902 S125CD -06400 HAWES, ROBERT F HUTCHINGS, KATHLEEN A 9760 SW 77TH AVE 9799 SW LANDAU PL PQRTLAND,OR 97223 TIGARD,OR 97223 '1 S125CD -03700 1S125CD-04000 JOHNSON, DONNA R JURNEY, P CRAIG 9870 SW 77TH AVE PO BOX 231296 PORTLAND,OR 97223 TIGARD,OR 97223 V1 S125CD -02000 /1 S125CD -06900 KAUFMAN, F L & PATRICIA D LANTZ, MARK A 9865 SW 77TH AVE 9711 SW LANDAU PL PORTLAND,OR 97223 TIGARD,OR 97223 y`1 S 125C D -04105 ✓1 S 136BA -00201 MANDAVILLE, JON E MAYBERRY, STEVE AND DARBIE 9880 SW LANDAU PL 7603 SW LOCUST TIGARD,OR 97223 TIGARD,OR 97223 J 1S125CD-07200 " S136BA -05400 MENTZER, STEPHEN H & MEYER, MICHAEL R /KRISTINE L LEACH, CASSANDRA E 10057 SW 77TH AVE 9734 SW LANDAU PL PORTLAND,OR 97223 TIGARD,OR 97223 4136BA -00400 /1 S125CD -05900 MILLER, MARILYN G AND NEUPERT, KEVIN R WALKER, MARGARET A 9900 SW LANDAU PL 10080 SW 77TH AVE TIGARD,OR 97223 PORTLAND,OR 97223 4125CD -03600 /1 S125CD -04201 RAUSCH, TAMERA J REMMICK, DELTON D & MARY M 9900 SW 77TH 7501 SW LANDAU TIGARD,OR 97223 PORTLAND,OR 97223 �, S125CD -01900 /IS125CD-06800 SEAMAN, LARRY E & SACHIKO SEELY, ROBERT W AND SHALEE A c/o DESELLE, SCOTT BRUCE & MAR 9729 SW LANDAU PL 4413 88TH AVE NW TIGARD,OR 97223 GIG HARBOR,WA 98335 1/1 S125CD -03500 V 1 S125CD -03300 SHELDON, DAN M & SUSAN Y SNEED, PHILLIP F & JOYCE E c/o SMITH, JUDITH ANN LIFE EST 7711 SW LANDAU ST 21310 SW WILDFLOWER DR TIGARD,OR 97223 NEWBERG,OR 97132 W • 0P3 ✓ C � 1125CD -06000 I/ I S125CD -06100 STINSON, CAROLYN HOLLEY & WEAV STOREN, MARK N & PATRICIA C 9840 SW LANDAU PLACE 9810 SW LANDAU PL TIGARD,OR 97223 TIGARD,OR 97223 4 125CD -06500 /S125CD -06300 THORNTON, JOHN D & DEBORAH K TIGARD, CITY 9781 SW LANDAU PL 13125 ALL TIGARD,OR 97223 T RD,OR 97223 11 S125CD -03800 /1 S125CD -03900 TURNER, GREGORY A & CYNDI A WILLIS, MARIE E 9840 SW 77TH AVE 9790 SW 77TH PORTLAND,OR 97223 PORTLAND,OR 97223 1S125CD -07000 WOLSKI, PATRICK R & JULIANNE 9706 SW LANDAU PL TIGARD,OR 97223 • �hbTt / ! 49 -4 ' 615711 m 2 1 S125CD -05800 r1 S125CD -04200 ANDERSON, DREW N & BACKARDJIEV, ALEXANDER & FONSECA, CYNTHIA B RUMIANA 9950 SW LANDAU PL 7505 SW LANDAU TIGARD,OR 97223 TIGARD,OR 97223 ✓1 S125CD -02001 V1 S125CD -03400 BEAULIEU, THURMAN T & LOLA BEEBE, KENNETH R & JACQUELINE 9895 SW 77TH 7675 SW LANDAU PORTLAND,OR 97223 PORTLAND,OR 97223 4 136BA -05300 v{S 136BA -00300 BIEDSCHEID, BRET LEE & BRITTON, DAVID DENELLE BIEDSCHEID, DON A JR & 1919 37TH BIEDSCHEID, RAND! J DES MOINES,IA 50310 7712 SW LANDAU ST il S 125C D -06600 0'S125CD -07100 BULL, PATRICIA RENEE CHURCH, MICHAEL W & BARBARA J 9763 SW LANDAU PLACE 7440 SW 35TH TIGARD,OR 97223 PORTLAND,OR 97219 14125CD -02800 V1 S136BA -00600 DORR, ANNA MARIE TR & DUNLAP, THON R DORR, GEORGANNE M TR & 7611 SW LOCUST DORR, JOHN b & DORR, PATRICK M PORTLAND,OR 97223 9925 SW 77TH y 4 S 125CD -06700 V S125CD -05700 FERRELL, RANDY EVANS & SANDRA FOSTER, ROBERT J & VIVIAN J 9745 SW LANDAU PL 9990 SW LANDAU PLACE TIGARD,OR 97223 TIGARD,OR 97223 1/S125CD -07300 %/ Si GLOVER, DONALD & MARY F HANSON, DONALD E & SHIRLEY 9750 SW LANDAU PLACE PO BOX 12 TIGARD,OR 97223 WELCHES,OR 97067 • • 1 II PPELMWOODST 1 1 ST I 1 - ..... c I I ri w > 'AI E a . „ 11. „ , . „ „ a) : A : -t o ci co I ___________ ST r , o ■ 1 y y -, a C " I I 1 .� t r La] c LARCH ) \ ': N '':: ,- Is c iminimi ,,, , i co 1 ww „} L OD ' Ill I CD LOCUST I. — ' 1 f l — - I 0 I I I I +11 I MAPLELEAF • 1 �_ II Vicinity Map SUB 97 -0008 Note: Map is not to scale Notification Area Map N 1 4 € .1 • -0 • • i•• (1 1 1 0 „ .30 34 . 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I • . ..••• ..••• : ..••• I : i 0 • - I I . . : I I I 4 I . • 47 t \ _.....37;17.173.44 4, .... I :••• 333, i ..•••••• .: . - i - i 1 I f 1 1 I-- ..2.53 ' 1 2,.... ..•••• ..•••• 1 3 I : I 22c1 I • . : . • i . 1 II 11,:. CC. 1 I - 1 :•••• I I : :••• . 4- I I 3 5 0 2 • • i• i .,• • , „.„.: 4:3 .: ..••• .. : . ! : ! : .: 1 nscR ICO • RECEIVED PLANNING 17780 Fitch, Irvine, CA 92614 (::, 0 1 2001 (949) 263 -3300 FAX (949) 252 -1955 SURETY COMPANY SUBDIVISION STATUS INQUIRitiY QF TIGARD 02 -23 -2001 DATE CITY OF TIGARD • 13125 SW HALL BLVD 512152S TIGARD OR 97223 BOND NUMBER DEVELOPERS SURETY AND INDEMNITY COMPAN' COMPANY SUBDIVIDER BEACON HOMES INC Tract: MITIGATION DESCRIPTION Type of Work: TREE MITIGATION - DAKOTA MEADOWS & TIGARD WOODS OF WORK Work to be Completed: Bond Amount: Effective Date: $ 31,605.00 $ 31,605.00 5 -21 -1998 Without prejudicing your rights or affecting our liability under our bond described above, we would appreciate such of the following information as is now available. Very TrulyYours, 1 0300 BO 35312 The INSCO /DICO Group By: Service Department, Home Office 1. IF THE BONDED IMPROVEMENTS HAVE BEEN COMPLETED, PLEASE STATE: Approximate date of acceptance of work ma,.( 2 x ()01 ATTACH copy of minutes, if possible. 2. IF THE BONDED IMPROVEMENTS ARE NOT COMPLETED, PLEASE STATE: Approximate uncompleted portion of work: $ and or %. Anticipated date of completion 3. Are you aware of any unpaid bills for labor or material, stop notices, or mechanics liens? (check) YES ❑ NOX If yes, please give details. • 4. Remarks / Comments: OC \ Signature 0•.7,4 rJ 1 Title /Dept. CXXXX i " 00avra7 Date Print Name lok> GqcaL2 Telephone No. 5(3 ' 6 3_q 4i ) ..2 R 31� • • • • BEACON H0MES 9500 S.W. 125TH AVE. BEAVERTON, OR 97008 (503) 524 -1999 (503) 524 -1998 FAX September 23, 1998 M.J. Roberts 13125 SW Hall Boulevard Tigard, OR 97223 RE: Tigard Woods Subdivision Completion of Plat Requirements File No: Sub 97 -0006 PDR 97 -0003 Zon 97 -0002 Dear M.J. Roberts: This letter is to inform you that we are submitting our check for $15,015.00, which is the final payment for the tree mitigation of this site and Dakota Meadows. This payment is the last item necessary to complete the conditions of approval for the Tigard Woods Plat. We hope to have the plat recorded before the month's end, as we are ready to start building. If there are any other questions please let me know. Again, thank you for your help in this matter and we are looking forward to a speedy recordation. Sincerely, e f , ‘" Peter A. Kuysk President • May 13, 1998 CITY OF 11G� Peter Kusyk OREG Beacon Homes 9500 SW 125th Avenue Beaverton, OR 97005 • Re: Tree Mitigation Bond Dear Peter: • This letter is in response to . your request for confirmation of required tree mitigation bonding. As a Condition of Approval of the Dakota Meadows and Tigard Woods Subdivisions, the adopted Community Development Code requires that a tree removal mitigation plan be provided. The total caliper inches that are required to be mitigated is 301 inches. Based on the consulting arborists' estimate of $105 to plant a two inch caliper tree, the total cost to complete this planting is equal to 301 (2 inch caliper trees) x $105 or $31,605. To date Beacon Homes has chosen to combine tree mitigation plans for these projects so the total cost for all tree mitigation planting should be paid or guaranteed. To ensure completion of the required tree mitigation planting Beacon Homes will either need to post a bond or cash for $31,605. If Beacon Homes decides to use a bond, it will need to state, in part, that only the City is authorized to allow its release. Please fee free to contact me concerning this information. Sincerely, • • Mark Roberts, AICP Associate Planner C: SUB 97 -0002 Dakota Meadows land use file SUB 97 -0008 Tigard Woods land use file is curp lNmarkr /dakmed. doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 Apr-14-98 03 : 21P Wa It H _ Knapp 5O446 -4349 P.01 Walter H. Knapp 7615 SW Dunsmuir Lane Beaverton, OR 97007 Phone: 503646 -4349 • Fax: 5Q -646 -4349 Fax To: Will D'Andrea From: Walter H. Knapp Fain 684_7297 Dater: April 14, 1998 Phone: Pages: 3 Re: Mitigation Plans: Tigard Woods/Dakota CC: Meadows ❑ Urgent X For Review ❑ Please Comment 0 Please Reply ❑ Please Recycle •Commenters Will, here are two alternatives that I will be discussing with Peter. 111 meet with him about noon Wednesday, so if you have any thoughts on the plan and its accourrting, pease give me a call in the morning. ha ! Watt Knapp - Apr-14-98 03:21P Wa ltij H _ Knapp 503446 -4349 P.02 Combined Mitigation Planting Plan, Tigard Woods and Dakota Meadows Preliminary - Not for Distribution Alternative 1: Increased Tree Planting Item 1 Tigard Woods I Dakota Mdws.T Combined Required No. of 2 -inch trees 1 2121 521 284 Mitigation planting on site: Landscape Plan (Tigard Woods) pin oak 14 14 Hogan cedar _ 20 20 Ornamental Planting (Conceptual Plan - Dakota Mdws.) Ornamental Trees 4 4 Mitigation Trees _ 25 25 Native Area Planting western redcedar 50 50 Oregon ash _. __ -.. .. 73 7$ Total Number of Mitigation Trees to Plant 34. 152 188 Balance: Off -Site Mitigation 78 Cost of Off -Site Mitigation $ 105 Der tree = $ 8,190 'Notes: This plan represents an increase of 23 trees to be planted in the Native Area of Dakota Meadows. The tree mitigation plan of 1/20/98 called for planting of 100 trees in the native area; this modification of the plan anticipates that 123 trees will be planted in the same area. Planting as shown above, plus payment for off -site mitigation, will meet the requirements for mitigation of both Tigard Woods PUD and Dakota Meadows. Modifications of planting plans for the Native Area at Dakota Meadows are shown below: Native Area: Dakota Meadows Previously planned to plant (1/20/98) 100 trees • dditional trees needed 23 trees otal for zones 1,2,3 123 trees • pprox. area to plant 70000 sq.ft. Average area per tree 569 sq_ft. • v•. s•acin• ■ertree 24 ft. 4/14/98 Dakota 708 TigWds Mit 719_xis Summary Mitigation Apr -14 -98 03:21P Walt, H_ Knapp 50,46 -4349 P_03 Combined Mitigation Planting Plan, Tigard Woods and Dakota Meadows Preliminary - Not for Distribution Alternative 2: Increased Payment to City Item 1 Tigard Woods Dakota Mdws.1 Combined Required No. of 2 -inch trees 1 212, 521 �� 264 Mitigation planting on site: u! Landscape Plan (Tigard Woods) pin oak 14 14 Hogan cedar 20 20 Ornamental Planting (Conceptual Plan - Dakota Mdws.) Ornamental Trees 4 4 Mitigation Trees 25_ 25 Native Area Planting western redcedar 40' 40 Oregon ash _ 60 $d Total Number of Mitigation Trees to Plant 34 W 129 163 Balance; Off -Site Mitigation 101 Cost of Off -Site Mitigation $ 105 per tree = $ 10,605 Notes; This plan calls for an increase of 23 trees to meet mitigation requirements, This would result in an increased payment to the City of Tigard tree fund of $2415, from $8190 (1/20/98) to $10,605 under this plan. • Native Area; Dakota Meadows Planting plan 100 trees pprox. area to plant 70000 sq.ft. Average area per tree 700 sq.ft. vg. spacing per tree 26 ft. • 4/14/98 Dakota 708 TigWds Mit 719.xls Mitpmj • March 16, 1998 � � Ap', I Mr. Walter Knapp CITY OF TIGARD 7615 SW Dunsmuir Lane OREGON Beaverton, OR 97007 Re: Tree Mitigation Dear Mr. Knapp: I have reviewed the Tree Mitigation Plan for the Tigard Woods subdivision submitted February 26, 1998. I understand the plan to use the Dakota Meadows subdivision for tree mitigation required of the Tigard Woods subdivision. However, it is not clear that all of the mitigation required has been accounted for on the plans. The Tigard Woods plan called for a total of 212 trees, with 34 being planted on -site, 100 being planted on the Dakota Meadows site, and the remaining 78 trees will be paid ($8,190) into the tree mitigation fund. The Tigard Woods construction drawings show the 34 mitigation trees in accordance with the overall mitigation plan. The Dakota Meadows subdivision required mitigation of 52 trees. Review of the Dakota Meadows Conceptual Landscape Plan shows that a total of 67 mitigation trees are proposed to be planted. The mitigation required of the Dakota Meadows subdivision can be completely satisfied. With only 15 trees counting toward the Tigard Woods mitigation, there are 85 mitigation trees unaccounted for on the plans. Further clarification is required in order to satisfy the conditions of subdivision approval. If you have any questions conceming this information, please feel free to contact me at (503) 639 -4171. Sincerely, 4).,J i■makI•L William D'Andrea Associate Planner, AICP i:\curpin \will\sub97- 08.1t3 c: SUB 97 -0008 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • Walter H. Knapp • Silviculture and Forest Management Urban Forestry , Tree Mitigation Plan Tigard Woods PUD January 20, 1998 Proj. 9719 Background and Purpose Development of the Tigard Woods PUD will require removal of 35 trees greater than 12 inches in diameter at breast height (dbh). City of Tigard Municipal Code Chapter 18.150 describes the procedure for determining the amount of mitigation required for tree removal. The Tigard Woods Tree Protection and Removal Plan dated September 24, 1997 calculated that a total of 212 two -inch dbh trees would be required for mitigation. Mitigation Planned Mitigation for this project will be done on two sites. The Tigard Woods PUD will be planted to the extent feasible, considering open space not occupied by trees, as well as growth characteristics of the planted species. The Dakota Meadows PUD will be used for planting additional trees to the extent needed to meet the required mitigation amount. Planting locations are shown on respective site drawings. Species descriptions, planting amounts, and planting locations are shown in the following table: Tree Species Species Characteristics Number of 2" dbh Trees General Mature Tigard Dakota Mdws. Size Woods Pin oak (Quercus Tolerates wet soils. H -50'; 14 palustris) Good fall color. W -35' Western redcedar Native tree species. H -40'; 40 (Thuja plicata) Good screening. W -30' Hogan cedar Narrow form of native H -40'; 20 (7huja plicata species. Good W -12' 'Fastigiata) screening. Oregon ash Native deciduous tree, H -40'; 60 (Fraxinus latifolia) adapted to wet areas. W -16' 2 1 This plan also includes mitigation for the DAKOTA MEADOWS PUD (Proj. 9708) 2 Width shown for Oregon ash is based on typical spacing observed in ash woodlands. 7615 SWDunsmuir Lane Beaverton, OR 97007 Phone/Fax (503) 646 -4349 - u • • Note that the Dakota Meadows planting will be done in the native planting area shown on the conceptual landscape plan for the site. The proposed area is within the floodplain of Fanno Creek, and probably was occupied by an Oregon ash woodland prior to agricultural development. The combination of ash and western redcedar will add diversity to the site and provide ecological benefits. Microsites best adapted to ash or cedar species will be identified as a part of the planting project. Bare root planting stock will be used throughout. Standard planting specifications will be followed, and the trees will be maintained for a period of one year. A total of 134 trees will be planted on the two sites, leaving an additional 78 trees required to meet mitigation needs. Where there is not an adequate location for planting the trees, the Tigard Tree Ordinance provides for in lieu payments to the City tree fund. A total of $8190 will be paid to the fund, based on an installed cost per tree of $105. The combination of planting four species or cultivars adapted to the two development sites, plus funding of additional planting through the Tigard tree fund, will meet mitigation requirements of the City. //47f Walter H. Knapp Certified Silviculturist CertifiedArborist, ISA 3 Cost of bare root planting stock, plus installation, estimate from Contour Landscaping. 7615 SW Dunsmuir Lane Beaverton, OR 97007 Phone/Fax (503) 646 -4349 Table 3. Tigard Woods Mitigation in Details • Representative Number of Activity Location Species (1) Attributes 2" Trees planting on -site western redcedar screening, full foliage, tolerates wet soils 60 planting on -site pin oak form, fall foliage, tolerates wet soils 40 Subtotal: On -Site Mitigation 100 planting off -site (2) unspecified N/A 112 Total: Mitigation Planting 212 (1) Representative species are tree species that would typically be used for mitigation planting to meet site objectives. Actual species will be based on availability from the nurseries as well as specific site conditions that exist following construction. (2) Tigard Code permits planting of replacement trees on other property within the City. Alternative: In lieu of tree replacement, the City may be compensated for its cost in performing tree replacement. b - • • Dakota Meadows • Tree Protection and Removal Plan Project No: 9708 Name: Dakota Meadows Client: Beacon Homes Eng.&Pln: Alpha Engineering Tree Mitigation Evaluation Remove Retain Total DB No.Trees Dia.Equiv. No.Trees Dia.Equiv. No.Trees Dia.Equiv. 12 2 24 1 12 3 36 13 0 0 0 0 14 4 1 56 1 14 5 70 15 - 0 5 75 5 75 16 2 32 4 64 6 96 17 1 17 4 68 5 85 18 1 18 2 36 3 54 19 1 19 0 1 19 20 0 2 40 2 40 21 0 3 63 3 63 22 0 1 22 1 22 23 0 0 0 0 24 0 0 0 0 25 0 0 0 0 26 0 0 0 0 27 0 0 0 0 28 0 0 0 0 29 0 1 29 1 29 30 0 0 0 0 31 0 0 0 0 32 0 1 32 1 32 33 0 0 0 0 34 0 0 0 0 35 0 0 0 0 36 0 1 36 1 36 37 0 0 0 0 38 0 0 0 0 39 0 0 0 0 40 1 40 0 1 40 Sum 12 206 26 491 38 697 32% 30% 68% 70% Mitigation required = 50% of diameter equivalents removed= 103 Number of 2" trees = 52 Explanation of Table: DBH: Diameter (in.) at breast height, 4.5 feet above ground level. Number of Trees: From tree inventory. Diameter Equivalents: DBH x Number of Trees. See Tigard Code. Number of 2 -inch Diameter Replacement Trees: Diameter Equivalents divided by two. Walter H. Knapp RECEIVED Silviculture and Forest Management Urban Forestry FEB 2 7 1998 COMMUNITY DEVELOPf°ENT February 26, 1998 Mr. Will D'Andrea City of Tigard, Oregon 13125 SW Ha11 Blvd. Tigard, OR 97223 Dear Will: Here are mitigation plans and details for the Tigard Woods and Dakota Meadows projects. I hope this clarifies your questions and provides the necessary documentation for your files. If you need more information, please give me a call. Sincerely, alter H. Kna Certified Forester, SAF CertifredArborist, ISA Cc: Peter Kusyk, Beacon Homes Tony Righellis, Harper Righellis, Inc. Mike Miller, Alpha Eng., Inc. 7615 SW Dunsmuir Lane, Beaverton, OR 97007 Phone/Fax: (503) 646 -4349 use proposed will be the same as permitted under this title nd City standards will be The u p p p ty maintained to the greatest extent that is reasonably possible while permitting some economic use of the land. The requested variance will in no way affect the permitted use status of the single - family attached residential dwellings allowed. All other City standards will be maintained as discussed in this review process. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in this title. Existing natural systems, traffic, and drainage will not be effected by this variance since the impact of the variance is limited to allowing a slight increase to the length of the cul-de -sac and number of units served by this street. The hardship is not self - imposed and the variance requested is the minimum variance which would alleviate the hardship. The variance is not self- imposed as the variance is the result of surrounding development patterns that preclude street connectivity, the lot's depth that precludes the provision of a shorter cul-de -sac design, the location of the 100 -year floodplain on the property, and the classification of SW North Dakota Street as a Minor Collector. Surrounding existing development patterns necessitate the provision of a cul-de -sac to serve this subdivision. The floodplain and street classification precludes the provision of another driveway onto SW North Dakota Street. The variance is the minimum variance necessary as the approximately 30 -foot extension and allowance of an additional five (5) lots is the minimum variance which would alleviate the hardship. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. An arborist report has been submitted with this application which identifies the trees on the property and provides recommendations for removal and retention. The report indicates that there are a total of thirty -five (35) trees greater than 12 -inch caliper on the site. The proposed plan will be removing trees greater than 12-inchs for a total of 182 caliper inches. The applicant is retaining 72 percent of existing trees over 12 inches in caliper and, is thus, required to mitigate 50 percent of the trees removed according to Section 18.150.025.B.2.c and 18.150.07 D. The applicant shall, therefore, prepare a plan detailing the mitigation of 91 caliper inches. taff found a slight discrepancy between the arborists tree mitigation chart and sheet 1 of the preliminary plans that identifies the location and size of existing trees. The discrepancy is the with the number of .14 -inch, 16 -inch, and 18 -inch caliper trees on the property and the total numbersbeing removed. The arborist shall clarify the discrepancy and revise the mitigation plan if necessaryection 18.150.045.B states that, any tree preserved or retained in accordance with this section may, thereafter, be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.B., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that, such tree may be removed only if the tree dies or is hazardous according to a certified arborist. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the following criteria: DAKOTA MEADOWS SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97 -02 PC SUB 97- 0002/POR 97-0001/ZON 97-0001/SLR 97-0001NAR 97-001 PAGE 18 OF 27 7.7.rrfrfm.7,!77.7.7.7rmmli . : • is City .of Tigard TIGARD PLANNING COMMISSION Community Develoyment Shaine A Better Community NOVEMBER 3, 1997 - 7:30 PM TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. PLANNING COMMISSION COMMUNICATIONS 4. PUBLIC HEARINGS 4.1 SUBDIVISION (SUB) 97 -0008 /PLANNED DEVELOPMENT (PDR) 97- 0004/ZONE CHANGE . . (ZON) 97- 0005NARIANCE (VAR) 97 -0016 TIGARD WOODS REQUEST: A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into 8 Tots ranging between 6,568 square feet to 8,254 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 7,500 square feet required by the R-4.5 zone; 3.) Variance request to allow a cul-de -sac to provide access to 22 dwelling units, whereas the Code states that a cul -de -sac shall not allow access to greater than 20 dwelling units and 4.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.32, 18.50, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. LOCATION: 7607 SW Landau Street; WCTM 1S125CD, Tax Lot 04000. The site is located at the northwest corner of the intersection of SW Landau Street and SW Landau Place. ZONE: R-4.5 (Residential, 4.5 Units per acre) The purpose of the R- 4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. 5. OTHER BUSINESS 6. ADJOURNMENT 1 • CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes November 3, 1997 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 W Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Collson, DeFrang, Griffith, Holland, Neff, Padgett, and Scolar Staff Present: Dick Bewersdorff, Planning Manager; Will D'Andrea, Associate Planner; Brian Rager, Development Review Engineer; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS 4. PUBLIC HEARING 4.1 SUBDIVISION (SUB) 97- 0008 /PLANNED DEVELOPMENT (PDR) 97- 0004 /ZONE CHANGE (ZON) 97- 0005NARIANCE (VAR) 97 -0016 TIGARD WOODS REQUEST: A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 1.4 acres parcel into 8 lots ranging between 6,568 square feet to 8,254 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 7,500 square feet required by the R-4.5 zone; 3) Variance request to allow a cul -de -sac to provide access to greater than 20 dwelling units and 4) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.32, 18.50, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. LOCATION: 7607 SW Landau Street; WCTM 1 S125CD, Tax Lot 04000. The site is located at the northwest corner of the intersection of SW _ Landau Street and SW Landau Place. ZONE: R-4.5 (Residential, 4.5 Units per acre) The purpose of the R -4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 allows, among other uses, single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. STAFF REPORT Associate Planner Will D'Andrea stated that the application complied or could be made to comply with all applicable criteria. Staff concurred with the applicant's findings that the variance was necessary for proper design. Staff recommended approval based on the findings in the staff report, subject to certain conditions. PLANNING COMMISSION MEETING MINUTES - November 3, 1997 - Page 1 APPLICANT'S PRESENTATION Peter Kusyk, Beacon Homes, 9500 SW 125 Beaverton, concurred with the staff recommendation. He said that they attempted to incorporate into the plan as much as possible the concerns of the neighbors as expressed at the October 21 neighborhood meeting. He noted the concern raised regarding street access. A bump out into the street currently existed with a tree on it. This could possible restrict access, especially if cars were parked there. He said that they moved the driveway of Lot 3 to directly across from the bump, on the theory that people did not normally parkin front of driveways. Tony Righellis, Harper Righellis, 5200 SW Macadam #580, Portland, OR 97201, noted that the neighbors requested no parking at the bump to allow sufficient width for emergency vehicle access. He reviewed the situation with the lengthening of the cul -de- sac from 400 feet to 600 feet that was approved by the City in 1991. Unfortunately it became a problem for them, as they were the first Tots on the street. They addressed it through the variance process. PUBLIC TESTIMONY - IN FAVOR None PUBLIC TESTIMONY - IN OPPOSITION Tricia Bull and Paul Norton, 9763 SW Landau Place, Tigard, OR 97223 expressed their concerns regarding the application. Ms. Bull mentioned neighborhood concerns with storm drains, sewage capacity, and erosion, especially with the neighborhood being downhill from the subdivision. She questioned why the Unified Sewage Agency disapproved the plan. She explained the street access situation with the tree bump in detail, reiterating their concern that the street be sufficiently wide at that location to accommodate emergency vehicles. Based on rough measurements, they calculated that the street would be only 22 feet wide at the bump after the improvements. Ms. Bull asked for clarification on the applicant paying the in lieu of fee for a water quality facility. She asked if the argument that, without the variance, the developer would have to put in flag Tots was a compelling argument to prove hardship. Mr. Norton mentioned tree mitigation as another concern. Ms. Bull commented that while tree mitigation looked great on paper, in reality it did not always work. She cited the trees in the recent developments on Landau Street that fell down during the windstorms and caused a seven day power outage. She said the neighborhood's concern was that by removing some of the Douglas Firs, the remaining trees could to fall on houses. Ms. Bull said that they wanted to track the process to see that the decisions were made so that they did not end up with sewage or stormwater runoff in their front yard. Mr. Norton pointed out that many of the issues were tied to the variance request and putting more houses on the cul -de -sac than could be adequately serviced. Marilyn Miller, 10080 SW 77 Tigard, OR 97223, stated that she was not opposed to the development per se but she had concerns about the trees. She pointed out that • removing the significant trees on the site in order to install a sidewalk would have a negative aesthetic impact on the neighborhood and on livability issues. She concurred PLANNING COMMISSION MEETING MINUTES - November 3, 1997 - Page 2 1 r that the windstorms took out the trees in Majestic Woods and caused a long power outage. She held that the trees fell because the buffer trees had been removed by the development, leaving the remaining trees vulnerable to blowdown. She stated that the trees on Landau Place slated for removal were the main buffer trees for that area. She asked the Commission to consider the safety of the neighborhood. She questioned removing the trees in favor of a sidewalk. APPLICANT'S REBUTTAL Tony Righellis pointed out that not all the trees proposed for removal were because of the sidewalk required by the City. He mentioned that the City could decide to allow a sidewalk on only one side of the cul -de -sac (as other jurisdictions did) and leave the trees standing, an action to which they had no objection. He explained that they hired an arborist to look into the tree issue. The arborist identified potential hazard trees that could blow down and tried to leave clusters of trees rather than creating "loners" which posed a greater hazard. Righellis pointed out that the bump in the road existed because the City approved it. He said that they were not opposed to tearing out the bump, removing the tree, and straightening the street if that was important enough. He commented that they did not want to put in flag Tots and had simply been stressing that the cul -de -sac was approved for 200 feet beyond the minimum. He stated that with the required street improvements, • the street width would be 32 feet, a typical local street. Righellis mentioned that USA sent out these kinds of comments with most applications. He stated that they did have adequate sewage capacity, noting that the houses across the street did not take sewer from this line. He reviewed the site topography in explaining • their plan to send the roof and foundation runoff directly into the pipe system, avoidirig the street and catch basin entirely. He explained that since a treatment facility was the same size for a small or a large subdivision, typically jurisdictions allowed small developers to pay an in lieu of fee. PUBLIC HEARING CLOSED Development Review Engineer Brian Rager stated that while the City had an intergovernmental agreement with USA that allowed USA to make comments and review applications, the City had the final say on both sewer and storm water. He concurred that the USA comments on this application were typical of comments from them. He said that the issues USA did raise were more design issues than concept issues and would be addressed during the design phase. He concurred with Tony that the sewage capacity was adequate to serve the subdivision. He said that staff conditioned the application to change the cleanout to a manhole for easier access by the maintenance crew in response to a USA concern. Mr. Rager concurred that the applicant's plans to handle the storm water runoff would limit the runoff going into the ravine. He stated that the downstream pipe size was more than adequate to handle the additional runoff. He said that the USA comment was a standard comment but the City staff determined that it was better in this case, given that PLANNING COMMISSION MEETING MINUTES - November 3, 1997 - Page 3 • i N there were only eight Tots, to collect the in lieu of fee forthe construction of a future reg facility. The Commission discussed the bump in the street issue. Mr. D'Andrea explained that the bump was done as part of the previous subdivision to protect the tree, an unusual action on the part of the City. He confirmed that the Council could make a decision to put a "no parking" zone at the bump, and that the fire department required a 20 foot wide access lane for its vehicles. The Commission did not see this as a life threatening issue, noting that the street was wide enough for emergency vehicle access, and that the neighborhood association could enforce the no parking. Commissioner DeFrang raised the issue of removing the buffer trees in order to put in the sidewalk. She concurred that the blowdown of trees on to houses during the windstorms had been the result of the removal of buffer trees. She asked if having only one sidewalk could be considered, and if doing so would preserve many trees. The Commission discussed the issue. Commissioner Collson commented that with 22 houses, a sidewalk made more sense because of children with bicycles and line of sight issues. Mr. D'Andrea pointed out that the many of the trees would have more than half their roots covered by the foundation and the driveway and likely die anyway. Chairman Wilson commented that the trees had to come out to allow undergrounding of utilities on that side. Commissioner Holland moved to accept SUB 97- 0008 /PDR 97- 0004 /ZON 97- 0005NAR 97 -0016 with the conditions of approval as set forth by staff. Commissioner Griffith seconded the motion. A voice vote was taken and the motion passed unanimously. 5. OTHER BUSINESS None 6. ADJOURNMENT The meeting adjourned at 8:24 p.m. r— ,� .Ciao. 7 & - - 6. •Jr Plan g Commission Secretary •1 • EST: - rest* ` nt Ni6k Wilson PLANNING COMMISSION MEETING MINUTES - November 3, 1997 - Page 4 ' • Agenda Item: • 1 Hearing Date: November 3,1997/Time: 7:30 PM v 'ga . 'j " � ». =''sN: IA t '�c`c'-.a=,n6.:C. ;_ z2-A; ,r Ru, ; F` 4 :ca.c - r, - .er ` `':.•-•.,, ;rr :` ' t -7�`. z °- . ,} EY +,�, �f ;mom`",'' a % `t, :K?•d X�•� -:;;� .:s `�{ > '§s°`�s 3 .z�� »si•.+'; 4 #!g�R' s .�;� ; , STAFF REPOR 1T0 THE R� �..; �s;,�, ° '�"�Fi+ r ." '¢'°''J�' as � i a sxar� A �F . %11.! PEANNI GCOMMISSIO � , F, - kw :No cnv OF TIGARD ter ' ri t�.t�^,s '� k � � : �^ P , h � . FOR TNE CITY OF Tl tHEGOV : N SECTION I: APPLICATION SUMMARY CASES: FILE NAME: TIGARD WOODS SUBDIVISION Subdivision SUB 97 -0008 Planned Development PDR 97 -0004 Zone Change ZON 97 -0005 Variance VAR 97 -0016 PROPOSAL: The Applicant Has Requested The Following Development Applications: 1. Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into 8 Tots ranging between 6,568 square feet to 8,254 square feet; 2. Planned Development Review to allow lot sizes less than the minimum 7,500 square feet required by the R -4.5 zone; 3. Variance request to allow a cul -de -sac to provide access to 22 dwelling units, whereas the Code states that a cul -de -sac shall not allow access to greater than 20 dwelling units; and 4. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. APPLICANT'S Mr. Tony Righellis OWNER/ Beacon Homes, Inc. REP.: Harper Righellis, Inc. APPLICANT: Peter Kusyk & Kurt Dalbey 5200 SW Macadam Avenue 9500 SW 125th Avenue Suite 580 Beaverton, OR 97008 Portland, OR 97201 COMP. PLAN DESIGNATION: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: R -4.5; Residential, 7,500 Square Foot Minimum Lot Size. LOCATION: 7607 SW Landau Street; WCTM 1S125CD, Tax Lot 04000. The site is located at the northwest comer of the intersection of SW Landau Street and SW Landau Place. APPLICABLE REVIEW Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, CRITERIA: 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBUC HEARING SUB 97- 0008/PDR 97-00042ON 97-0005NAR 97 -0016 - TIGARD WOODS SUBDIVISION PAGE 1 OF 21 ' SECTION II: STAF RECOMMENDATION 1 • �' .ni D�recta�'s Des nee .,:�rWr�:�.�: ,� �-` , � ; _:14�:= `°,3�.�'� ~tY,. =. g i e ,P : ng °' , , g� r recm e m nd s -that t e P, Canni Com mission d that th ipropos Subdivision wil no adverse affect -t ei , a fet y an welf a lo 13,,,I. • ., may' `r as 44 p 60 6 eornn e e s PPRO VAL sub c't . o t o re t . condi'tions=of:approva • -,4k f , - -, A - . _ i , : i,tr,€ .°,.4`' ^i iv,. ,) i m.,„% x eteA a.4,.?�te: u;.. ' wc . ... fix,: s A :z` 5 ± , ;" .4 ,0 , ;. ., C i °,. ' + � T` � . .. .czw ,.F f '�> .` ., : .t7� e ` ,w .s �, Y �.+.^: �_.F k,..- - :.,.�.' �!�.V:...x s ,...�.'..K�'� CONDITIONS OF APPROVAL � :� �ALL ®I TI N = � � � ma �.i ;a. i. -� ...�wf. :.e � A Y ; t. f.. OSaSH BEESATISFIED '` mot, a -,,. , gfv -� , r 4 ` ` e- T of ' E=F er I L .L�A' WllITH WASHHI N "Watt C M - R ' . � } .. 4, -, '1 rile wis, s • ,t hi` sta coma fo iall cond Lion i °' . '- , -, sP — —Ark s .f" „K,', 9 � €,: n , t�' ^.1. te _.= pe ..,r �'tiG ,.�.: io e r • r ag e - it Engi ring Depa en :a ' 63 1 .. 3^ e1:,,.rw ,i, i+P;.,. , . r .xc. '. '. „*....a7 S�`..at.i J ago -, -, ' , ;i_< '.e. Y.e . .'. 1. Prior to issuance of a building permit, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements.) Public improvement plans shall conform to City of Tigard Public Improvement Design Standards which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. 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. 4. The applicant shall dedicate on the face of the final plat additional right -of -way at the comer of SW Landau Street and SW Landau Place to provide a right -of -way radius of 20 feet. • 5. The applicant shall construct standard half- street improvements along the frontage of SW Landau Place. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 16 feet; B. curb; C. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff; STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBUC HEARING SUB 97- 0008/PDR 97-0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 2 OF 21 ' D. five (5)- focncrete sidewalk; • • E. streetlights as determined by the City Engineer; F. underground utilities (NOTE: the applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities); G. street signs; and H. driveway aprons. 6. The applicant shall construct standard half- street improvements along the frontage of SW Landau Street. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline to match existing pavement width, which appears to be 17 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. curb; D. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; E. 5 -foot concrete sidewalk; F. street striping; G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities); I. street signs; J. driveway apron; and K. adjustments in vertical and/or horizontal alignment to construct SW Landau Street in a safe manner, as approved by the Engineering Department. 7. A profile of SW Landau Street shall be required extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 8. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's public improvement permit. 9. A manhole will be required at the end of any public sanitary sewer line. 10. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 11. The design engineer shall indicate on the grading plan which lots will have natural slopes between 10 percent (10 %) and 20 percent (20 %), as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 12. Prior to approval of the final plat, the applicant shall pay the fee in -lieu of constructing an on -site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square feet of hard surface is assessed to each individual lot. Payment of the fee can be split into two (2) parts: STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97- 0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDNISION PAGE 3 OF 21 • A. the portionsed on surface area of new streetsld sidewalk shall be paid by the applicant prior to approval of the final plat (the applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalk in order for the fee above to be calculated); and B. the portion assessed to each lot ($180 /lot at present) can be paid at the time building permits are issued for the individual lots. 13. The applicant shall provide a street tree plan that provides street trees in accordance with the provisions of Section 18.100.035. A bond or other method of assurance shall be provided prior to approval of the subdivision plat in order to insure planting of the required street trees. Prior to release of the bond, the street trees shall be planted. STAFF CONTACT: Will D'Andrea, Planning Division. 14. The applicant shall provide a planting plan that shows the number and species of mitigation trees to be planted. This plan shall discuss the viability of the proposed plantings given the dense planting. The applicant shall further provide a plan for the remaining required mitigation. STAFF CONTACT: Will D'Andrea, Planning Division. 15. The applicant shall: A. post a bond to insure planting of mitigation trees; B. record a deed restriction for those trees that are to be preserved; and C. construct the recommended tree protection measures for these trees prior to commencement of construction. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die, or be determined to be a hazardous tree by a Certified Arboculturist. STAFF CONTACT: Will D'Andrea, Planning Division. 16. A demolition permit will be required for all existing structures and all utilities shall be removed. 17. Plans reviewed and approved by Tualatin Valley Fire and Rescue. I °•ir, ��;. .-, ��_' .- - �l',ec ..iti � �� #F _ a x" ,. ;�h x%%! . „C•.r.'�,n.;. ;sz,..-+.+l. � :r. _ , s x .� -. d.,.. PRIORa �TO ;T HE:zISSU A NCE:'OF'A�`B U ILDI N Gr PERMIT ;`THE- <FOLLOWIN ' , '* =� SS H A L L I BE' - SATISFIED c - ' ; ry f,:�^„, z s ,;�__ :w.,,. .t3- �,. �r�t; _ ,.,.. _,�.,- ..�r :>.:';'a ; a e w, cixs_k:r:.s..;�, r �t �� •. - ;., nls ?tri ohewsent = oed - t the <saff e -, ° =�1; I ",,.'«•'Spy`; , ,,, # t „ f ;. 9 ,. *.,t; s ,^;' i :. ;:: 5., : �'; i M::r >` NLFUes � ,�,. �.,' a.t n: ;st «,.�. ' � �.. ,r,�'c.., � : s g. .a.. �.s_�;aP;, ., .... n F g µ :- ,w .,, ; `" `�, �l:,- '"• : .a `��� ir.'3. � r•” ...'?` .:;j... .,z.. ;: 3 �:'.. � - ,, a !'..5....;;;',1%.,;..1 :ii'_. i, •u Ra ' �:. ... ti:w: '''''':1-;;e: . ; ,50 - .. ,��� .r-: - r, ��;:,. �-� :with� artment a.�::�n ;. � } � � =� �;; `'� w.�.���� - _ .:. �,.,.�..�:.� . ..:� �:.�, ;�.: �,.� >: ._, _ �,:� , >,_ _ =417 �t. xY , � �'; 18. Prior to issuance of building permits, the applicant shall provide the Engineering Department with one (1) recorded mylar copy of the subdivision plat. 19. Prior to issuance of any building permits within the subdivision the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: A. all utilities are installed and inspected for compliance, including franchise utilities; B. all local residential streets have at least one (1) lift of asphalt; C. any off -site street and/or utility improvements are completely finished; and D. all street lights are installed and ready to be energized. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97- 0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 4 OF 21 20. The applicant shay a $295.00 Final Plat Review Ilick fee prior to submitting the final plat to the City for review. STAFF CONTACT: Will D'Andrea, Planning Division. 21. A letter from the consulting arborist.that verifies that tree protection measures have been installed according to the tree protection specifications submitted with the application. 22. The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved and that plans shall be submitted to the Fire Marshall's Office for review and approval. The plan shall be revised to address Tualatin Valley Fire District's comments listed under SECTION VI: AGENCY COMMENTS within this staff report. CONTACT: Gene Birchill, Tualatin Valley Fire District at 526 - 2469. eH :.— :e.� PRIO PTO T H ISSUAN,C OF OCGU ANC PER f .�, }LLB t G "CONDI« 0 BESATISFIED gS L . y �} K;> ,�, : r.' . 3 Y fi1 "�5 La nl s o ed co a1 o WuI D r d; a Y a '" �iw r v 3s`�p� awGw� tyro iT i' tt' s @; " � ~ with.the Piannu g Divisionxa x503- 639 = 41,71: � �, ° • � ' �'.nzsR.ttt4 w ?z.., ...r- ^:, ;�^t ."' .`�C�t�,�°xsrsl ��sf� -:fi` ?x``. •.'•,'�www'`fi�e�'� -r" 23. All site improvements installed per the approved plans. 4y. ,� Y E v: ' ''. ' -rte* :a•�.t;e7... .s>;t• . •. - - E.:. -' : yw - .U;2 3`r�;' `_" j "" ✓. : �w = � a IN ADDITION, THE APPLICANT SHO. ULDJBE�AWARE'OFgTHE; r : ;< .. x . /4 " OLLO SECTIONS,OFb DEVE LOPMENT r ;� h CODE, ISIS a� r c u slu Llsr ° IMPROVEMENT AGREEMENT - Section 18.160.170 Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. 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 - Section 18.160.180 As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. 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 3. Cash. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97- 0008/PDR 97- 0004/ZON 97-0005NAR 97 -0016 - TIGARD WOODS SUBDIVISION PAGE 5 OF 21 ' The subdivider shall fumieto the City Engineer an itemized invement estimate, certified • by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. FILING AND RECORDING - Section 18.160.190 Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. FINAL PLAT APPLICATION SUBMISSION REQUIREMENTS - Section 18.162.080 Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. Street centerline monumentation shall be provided as follows: Centerline Monumentation: In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights -of -way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set:: 1. all centerline - centerline intersection points; 2. all cul -de -sac center points; 3. curve points, beginning and ending points (PC's and PT's); and 4. all centerline monuments shall be set during the first lift of pavement. Monument Boxes Required: Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points; and The tops of all monument boxes shall be set to finished pavement grade. STREET & UTILITY IMPROVEMENT STANDARDS - Section 18.164 Utilities - 18.164.120: 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. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97- 00042ON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 6 OF 21 ' Cash or Bond Raw ired•.164.130: All improvements installed by the subdivider 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 18.160.180. Installation: Prerequisite /Permit Fee - 18.164.150: No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. Notice to City Required - 18.164.180: 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. Engineers Certification Required - 18.164.200: The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City . acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. '• x i'+v ,'G� K: °;,+ 6, t 'a c ac 3. , 1e ro.^t:3K+%yszs wrrao xra r,ani....a :, ^.&�8. 5 awarz"` ^:.ss ?'" .,, f �,° s -?gi z° «n�,,�:. �� �.� ,... ��,�tt :..a,�rriw�z;. .,,�:� ✓.._. �krc � s� � r � h - � THIS'APPROVAL SHALL"BEAVALID.FOR4I8 MONTHS z °'` � ,s4 ,441" :;_ �` r 0 4: rag '-' s3q z:cte ''e "._ '1. 6 C" ; _ f ' _ ° ytemal lEF m FEg'111IE ATE:=(3FA'iz I @E SECTION III: BACKGROUND INFORMATION Site History: The property was annexed into the City of Tigard in 1991 (ZCA 91- 0015). The zoning of the property was changed from Washington County R -5 to City of Tigard R -4.5. No other development applications were found to have been filed with the City. Vicinity Information: Property to the north and east are within the City of Tigard and are zoned R -4.5. Property to the south and west are in Washington County and are zoned R -5. The surrounding area is predominantly developed with single - family residences. Site Information and Proposal Description: The 1.4 acre site slopes towards the north and east from an elevation of 258 feet at the intersection of SW Landau Street and SW Landau Place, to an elevation of 230 feet. The site presently has a mixture of 128 trees of Douglas Firs and Westem Red Cedars. There is an approximately 1,000 square foot swale area that contains slopes greater than 25 percent. The property is developed with a single - family residence and accessory structure. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBUC HEARING SUB 97-0006/PDR 97-0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 7 OF 21 ' The applicant is proposiethe following land use developme•pplications: 1. Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into eight (8) lots ranging between 6,568 square feet to 8,254 square feet; 2. Planned Development Review to allow lot sizes less than the minimum 7,500 square feet required by the R -4.5 zone; 3. Variance request to allow a cul -de -sac to provide access to 22 dwelling units, whereas the Code states that a cul -de -sac shall not allow access to greater than 20 dwelling units; and 4. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has proposed to dedicate 134 square feet of right -of -way and half- street improvements on both SW Landau Street and SW Landau Place (local streets). The applicant's proposal for improvements provides for their share of local street improvements needed to serve this development in conjunction with the standard improvements that are required of all other properties. In other words, the applicant is paying only for their portion (or segment) of the local street system. Section 18.164.030.A.1 states that no development shall occur unless the development has frontage or approved access to a public street and that streets within and adjacent shall be improved in accordance with ordinance standards. Therefore, this proposal satisfies the standard. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $179.00. The total TIF for an attached, single - family dwelling is $1,790. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBUC HEARING SUB 97- 0008/PDR 97.0004/ZON 97.0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 8 OF 21 • Based on past City purses of residential property for strellIROW, residential property is assessed at $2.00 per square foot. The applicant is being required to dedicate an additional 134 square feet of right -of -way at the intersection of SW Landau Street and SW Landau Place. Assuming a cost of $2.00 per square foot, it is estimated that the total cost of the dedication is $268.00 (134 sq.ft. x $2). Upon completion of this development, the future builders of the residences will be required to pay TIF's of approximately $12,530.00 ($1,790 x 7 dwelling units). Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is $39,156.00 ($12,530 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $12,530.00, the unmitigated impact can be valued at $26,626.00. The total estimated cost of the dedication is approximately $268.00. Given the estimated unmitigated impact of approximately $26,626.00, the difference in the conditioned items and the unmitigated impact is approximately $26,358.00. The City finds that the conditions meet the rough proportionality test. Dimensional Requirements: Section 18.50 states that the minimum lot area for each single - family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet. As indicated on the site plan, each of the newly created lots will exceed the minimum lot width requirement. The applicant will be creating lots under the planned development provisions, thus allowing three (3) of the proposed lots to be less than the minimum 7,500 square feet. Setbacks: Section 18.50 states that single - family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet* Average lot width 50 feet* Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks on lots 1 and 3 -8 will be reviewed during the building permit review process. However, as indicated on the site plan, these lots can accommodate the required setbacks. As indicated on the plan, the existing residence on lot 2 complies with the applicable setbacks. * Because the project is being reviewed under Planned Development standards, the minimum lot size, average lot width and lot depth standards do not apply to this development. Planned Development: Section 18.80 allows the option for an applicant to create a more efficient, economically viable development that preserves natural land features while implementing the density range provided through the Comprehensive Plan. This type of subdivision normally permits higher density than would be possible given the minimum lot size requirement for the zoning district. The applicant has applied for Planned Development approval in order to provide an efficient and economically STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97-0004/ZON 97- 0005NAR 97.0016 - TIGARD WOODS SUBDIVISION PAGE 9 OF 21 Viable development that serves natural land features by ilikerving a large area of the natural land features while developing at the maximum allowable density. THE PLANNED DEVELOPMENT REVIEW IS A THREE (3) STEP PROCESS AS FOLLOWS: 1. .approval of a planned development overlay zone; 2. approval of the planned development concept plan; and 3. approval of a detailed development plan is also required. The Planned Development Overlay Zone has not previously been done for this property. For this reason, when the subdivision is recorded, a Planned Development Overlay would be designated on the zoning map. Because the underlying development application is for a subdivision, Section 18.80.015(E) allows the Conceptual and Detailed portions of the Planned Development Review to be consolidated, as proposed through this action. Section 18.80.060 states that a planned development shall not be allowed in residential areas located in areas designated as "Established Areas" on the Comprehensive Plan map except, the Commission may approve a planned development within an "Established Area" where the Commission finds: 1. Development of the land in accordance with the provisions of the "Established Area" would: a. result in an inefficient use of land; b. result in removing significant natural features; or c. result in a change of the character of the area surrounding a significant historic feature of building; 2. The planned development approach is the most feasible method of developing the area; and 3. The site is of a size and shape that the compatibility provisions of Chapter 18.92 (Density Computations) can be met. The subject property is designated as an "Established Area." Development under the Planned Development regulations would result in a more efficient use of the land as the site would be allowed to be developed at the maximum allowable density of the zone. This proposal has an average lot size of 7,652 square feet with only three (3) lots being less than the minimum 7,500 square feet, the other five (5) lots exceed 8,200 square feet. By allowing these lot sizes, the planned devepment allows the creation of lots that are regular in shape without the need for flag lots that require a greater percentage of lot area to be graded and covered with impervious surfaces because of the need for long driveways. It eliminates the need to fill and pipe the small swale on the property and locate homes in that area, allows more existing trees to be retained, and allows more on -site area for tree mitigation because of the reduced need to cover land with impervious surfaces. Without developing the site as a planned development, the result would be a subdivision with either less lots, less trees, no natural swale or a combination of these. This would result in an inefficient use of the land and/or the removal of more natural resources. The property does contain sensitive lands (25 percent slopes) which may have been impacted if the developer were to choose an altemative site design. These slopes are not designated as significant natural feature. There are no historic buildings in the area that would be affected by this proposal. The proposal will provide lots in accordance with density calculations. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0006/PDR 97-0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 10 OF 21 • • Section 18.80.130(A)(1 Manned Development Review - Aeoval Standards) requires that a development proposal be found to be consistent with the various standards of other Community Development Code Sections. The applicable criteria in this case is Oregon Revised Statutes 197 and Chapters 18.32, 18.52, 18.80, 18.84, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. The proposal's consistency with these sections have been reviewed elsewhere within this report. The proposal contains no elements related to the provisions of Code Chapters 18.96 (Additional Yard Setback Requirements), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.80.120.A.2. These Chapters are therefore found to be inapplicable as approval standards. Code section 18.80.120.A.3 provides other Planned Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.80.120.A.3.c (Privacy and noise), 18.80.120.A.3.d (Private outdoor area: Residential Use), 18.80.120.A.3.e (Shared Outdoor Recreation Areas: Residential Use), 18.80.120.A.3. Public transit), 18.80.120.A.3.j (Parking), 18.80.120.A.3.I (Floodplain dedication) and are, therefore, found to be inapplicable as approval standards as these criteria have, in the past, been applied only to multi - family development. SECTION 18.80.120(A)(3) PROVIDES FURTHER REVIEW STANDARDS FOR PLANNED DEVELOPMENT THAT HAVE BEEN ADDRESSED BELOW AS FOLLOWS: Relationship to the natural and physical environment: Section 18.80.120.A.3.(a) states that the streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible and that trees with a six inch caliper measured at four feet in height from ground level shall be saved where possible. The applicant has proposed a plan that will preserve the existing trees and topography to the greatest degree possible by designing the subdivision to minimize the need for grading. The applicant is only proposing to disturb existing vegetation and topography within the building envelope of the proposed residences. The applicant will be retaining 51 percent of the existing trees greater than 12 inches in diameter and will be mitigating 50 percent of the caliper inches for those trees removed. Buffering, screening, and compatibility between adjoining uses: Section 18.80.120.A.3.b states that buffering shall be provided between different types of land uses. It also states that in addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.100: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. The proposed single - family detached residential lots do not require buffering or screening as addressed in the Buffer Matrix Section 18.100.130. Access and circulation: Section 18.80.120.A.3.f states that the number of allowed access points for a development shall be provided in Chapter 18.108, all circulation patterns within a development must be designed to accommodate emergency vehicles, and provisions shall be made for pedestrian and bicycle ways if such STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBUC HEARING SUB 97-0008/PDR 97-00042ON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 11 OF 21 • facilities are shown • an adopted plan. The des. of the proposed street improvements have been reviewed by the Engineering Department, the Police Department and the Fire District. The Engineering Department reviewed street improvement requirements in detail elsewhere within this report. Completion of the existing street, as proposed, complies with the standards of the Community Development Code and is reviewed elsewhere within this report. Landscaping and open space: Section 18.80.120.A.3.g states that in a residential development a minimum of 20 percent of the site shall be landscaped. Because the applicant has proposed to maintain a large portion of the site as open space and tree mitigation area, the plan is in compliance with the 20 percent requirement. Drainage: Section 18.120.030.A.3.k states that all drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.84 and the criteria in the adopted 1981 master drainage plan. The Engineering Department reviewed this application and determined that the capacity exists within storm drainage facilities upstream and downstream of the development to handle the increase in runoff caused by additional impervious surfaces to be developed on this site. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development. A lot meets the basic solar access lot standard if it has a north -south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east -west axis. A subdivision complies with the basic requirement if 80 percent or more of the newly created parcels meet this standard. Lots 1 -3 satisfy both the front lot line orientation and north -south dimension requirements. Section 18.88.040(E), however, allows the approval authority to exempt new lots from the solar access standard in certain cases, including situations where existing right -of -way (ROW) prevents lots from being oriented for solar access. The existing orientation of SW Landau Place and the configuration of the.subject site prevents proposed lots 4 -8 from being orientated for solar access. Therefore, parcels 4 -8 are except from the solar access standard. It should be noted that new structures must comply with the Solar Balance Point Ordinance even if a lot has been exempted from the basic solar requirement. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area of the site is approximately 61,353 square feet. The net developable area of the site (after deduction of 134 square feet for public right -of -way and 1,001 square feet for land exceeding 25 percent slope) is approximately 60,218 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to eight (8) lots under the R -4.5 zoning designation. The applicant is proposing eight (8) lots and, is therefore, in compliance with the density requirements. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBUC HEARING SUB 97-0008/PDR 97- 0004/ZON 97-0005A/AR 97 -0016 - TIGARD WOODS SUBDIVISION PAGE 12 OF 21 Street Trees: Section 100.035(B) states the specific spilling of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; 2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart. The plans (Sheet 4 of 9) indicates that Little Leaf Linden street trees will be provided at 30 -foot spacing. The plans show that the spacing of these trees range between 28 and 66 feet. This species of tree can be classified as a medium -sized tree, therefore, the spacing shall be no greater than 30 feet. A revised street tree plan shall be submitted that provides street trees in accordance with the provisions of this section. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the deposit, all street trees shall be planted. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 -foot distance along the street right -of -way and the driveway and then connecting these two 30 -foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Through the Building Permit Plan Check process, setbacks of the structures will be reviewed for compliance with the Clear Vision standards. Parking: Section 18.106.030.(A) states that each lot is required to provide 2 off - street parking spaces. Compliance with parking requirements will be reviewed for compliance during the Building Permit Plan Review process. Access: Section 18.108.070 states that the minimum access width required for a single - family detached dwelling is fifteen (15) feet with a minimum pavement width of ten (10) feet. Compliance with minimum access standards shall be reviewed during the Building Permit Plan Check process. The proposed plan shows that minimum access standards can be satisfied. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. This section requires a program to save existing trees or mitigate tree removal for trees over 12 inches in caliper. The applicant has provided a report and plan that identifies all existing trees greater than six (6) inches in caliper. The inventory identified 83 trees greater than 12 -inch caliper. The arborist has identified ten (10) trees which are STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97-0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDNISION PAGE 13 OF 21 ' considered hazardous a will not be counted in the inventcifor mitigation calculations. The total number of trees greater than 12 -inch caliper used for mitigation purposes is, therefore, seventy -three (73) trees. The proposed plan will be retaining thirty -seven (37) trees greater than 12 -inch caliper. Since the applicant is retaining more than 50 percent of the seventy -three (73) existing trees, Section 18.150.025(B)(2)(c) requires that 50 percent of the trees to be removed be mitigated. The applicant has provided an area for tree mitigation on the back of lots 4 -8 and is proposing to plant approximately 100 trees within this specified mitigation area. The applicant shall prepare a planting plan identifying the location of these proposed mitigation trees. This plan shall discuss the viability of the proposed plantings given the dense planting. The applicant shall further provide a plan for the remaining required mitigation. Section 18.150.045.B states that any tree preserved or retained in accordance with this section may, thereafter, be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.B., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree(s) may be removed only if the tree dies or is hazardous according to a certified arborist. Prior to recording the plat, the applicant shall: 1. post a bond to insure planting of mitigation trees; 2. record a deed restriction for those trees that are to be preserved; and 3. construct the recommended tree protection measures for these trees prior to commencement of construction. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more Tots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as with the applicable policies and regulations of the R -4.5 zone and other applicable ordinances and regulations. 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The proposed name of the subdivision, Tigard Woods, is not duplicative of any other plat recorded in Washington County. 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. The site does not abut properties with approved plats that would require conformity or connectivity with the plats of adjoining areas. Southwest Landau Street and SW Landau Place will provide for both adequate and safe access to the lots in this subdivision. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008IPDR 97.0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 14 OF 21 4. An explanation • been provided for all common erovements. The applicant has provided an explanation for all common improvements including the provision for public services such as sewer, water, drainage and street improvements. Subdivision Variance - Maximum number of dwelling units served by a Cul -de -sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. The applicant states that by variance approval during the development of Landau Woods, SW Landau Place was allowed to exceed the 400 foot maximum cul -de -sac length by approximately 200 feet. Eight (8) dwelling units in Landau Woods access the cul -de -sac in that last 200 feet. That is half the current total number of dwelling units on the cul -de -sac. At the time of that approval, the total number of accesses should have been considered and a variance also approved to allow greater than 20 dwelling units based upon allowable density of the undeveloped parcel remaining on the street. Not doing so has placed a burden on the subject parcel that fronts entirely within the code allowed 400 foot length. Staff concurs with this assessment. If a variance were not approved, the subject property would only be allowed four (4) dwelling units on SW Landau Place. Given the width of the frontage along SW Landau Street and the location of the existing residence, it would be difficult to provide sufficient access and lot layout to accommodate four (4) Tots that access onto SW Landau Street. The variance is necessary for the proper design or function of the subdivision. The proposed subdivision provides for Tots that are compatible with adjoining and surrounding Tots in the manner they are oriented towards the street. Lots 1 and 4 would have to become flag lots that directly access SW Landau Street with the flag for both lots being where lot 1 is currently proposed. The buildable area for lot 1 would then be in the proposed backyards of lots 4 and 5 and would reduce the potential for on -site tree mitigation. This altemative layout is not desireable for future homeowners and adjacent neighbors. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property. Granting of the variance to allow greater than 20 dwelling units onto a cul -de -sac will not be detrimental to the public or injurious to the rights of other properties. Southwest Landau Place is otherwise designed to meet City street standards. Allowing an additional two (2) dwellings on the cul -de -sac should not significantly interfere with adjoining property. The only potential concem is the width of the street where the curb protrudes into SW Landau Place across from the proposed lot 3. Parking on both sides of the street could provide some restriction of the street width. The applicant has shown the driveway location for lot 3 to be placed in such a manner to discourage parking in this area. The parking situation exists whether or not the variance is approved. The variance is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. The extraordinary hardship does not relate so much to the preservation of a substantial property right as it does to City standards and potential hardship to both the subject site and adjoining properties. The applicant argues that prior variance approval created a hardship and denigration of property rights for this parcel. Allowing the additional cul -de -sac length and eight (8) dwellings within that added length burdened this property by overly limiting logical direct access to a fronting street. If STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97-0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 15 OF 21 the previous length vice had been denied or proper •sideration of this fronting • property's future access needs had been incorporated, this property could develop as proposed without the need for the variance. The alternative site layout previously described would require the construction of a 140 -foot long private driveway in a tract that serves two (2) Tots. This is an unnecessary development expense. This private drive would be very close to two existing lots on the west inducing vehicle noise to these parcels that is otherwise not necessary. Additionally, the potential for on -site tree mitigation would be reduced by about 40 percent and grading would have to occur in areas currently not proposed. This alternative layout is not desireable for future homeowners nor adjacent neighbors and would likely be considered a hardship to those adjacent neighbors. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Street Improvements: Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. This section is satisfied as the existing right -of -way along SW Landau Street and SW Landau Place is adequate and a half- street improvement will be constructed. Minimum Rights- of -Wav and Street Widths: Section 18.164.030(E) requires a local street to have a minimum 44 foot right -of -way and 28 foot paved section between curbs and sidewalks. As indicated on the site plans, existing right -of -way is adequate and the applicant will be completing half- street improvements, in accordance with this standard. Future Street Plan and Extension of Streets: Section 18.164.O30(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. Street stubs to adjoining properties are not considered to be cul-de -sac since they are intended to continue as through streets at such time as the adjoining property is developed. The proposed plan shows how the adjacent properties are developed and the existing street system which supports those developments. Given the existing development pattern, it is not necessary, nor possible, to extend the proposed street to provide for future connections or to facilitate future division of adjoining land. Street Alignment and Connections: Section 18.164.03O(G) requires all local streets that abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. This section is not applicable as there is no existing local street that abuts the property which would require extending or through circulation. The extension of streets are precluded for reasons discussed immediately above. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97-0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDNISION PAGE 16 OF 21 ' CuI -de:sacs: Section .164.030(K) requires that a cul -d•c shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. Southwest Landau Place is approximately 600 feet in length. This cul -de -sac length received a variance and was created through the Landau Woods subdivision, which was approved in 1991 (SUB 91- 0006NAR 91- 0009). There are sixteen (16) Tots currently using the cul -de -sac. The proposed subdivision would create an additional six (6) lots, for a total of 22 Tots, that access the cul -de -sac. This section states that a cul -de -sac shall not provide access to greater than 20 dwelling units. The applicant has applied for a variance to allow greater than 20 dwelling units to be served by the cul -de -sac. Staff has recommended approval of this variance. The basis for this recommendation and findings are discussed in the variance section (18.160.120). CURBS, CURB CUTS, RAMPS, AND DRIVEWAY APPROACHES: Section 18.164.030(N) requires the following: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and; 1. concrete curbs and driveway approaches are required; except 2. where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and 3. asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. Through the required engineering plans, these street improvements will be reviewed and approved by the Engineering Department for the applicant's frontage within the subdivision. Curb, gutter, and sidewalk for these streets will be provided in accordance with City standards. Block Design: Section 18.164.040(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. The applicant has no control over the existing street pattem, nor will this application alter the existing block configuration. The proposed lots within the subdivision will allow for adequate building sites. Block Sizes: Section 18.164.040(B)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except: 1. where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development or; 2. for blocks adjacent to arterial streets, limited access highways, major collectors or railroads; and 3. for non - residential blocks in which internal public circulation provides equivalent access. This criteria is not applicable as the site is constrained from meeting the specified block perimeter due to existing development patterns. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97- 0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 17 OF 21 Block Lengths: SectidO 8.164.040(B)(2) states that wheSock lengths greater than 600 feet are permitted, pedestrian and/or bikeways shall be provided through the block. Given the existing surrounding development, the provision of a pedestrian connection is not feasible. Lots - Size and Shape: Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is Tess than 1.5 times the minimum lot size of the applicable zoning district. Planned Development provision 18.80.080.A.1 states that the lot depth standard does not apply. Therefore, because this application was filed as a Planned Development Review, this standard is not applicable. Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. The minimum frontage width standard is met for each of the eight (8) Tots because they have a minimum of at least 42 feet of frontage on a public street. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. Sidewalks have been proposed to be provided along the SW Landau Place and SW Landau Street frontage. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW Landau Street and SW Landau Place, both of which are classified as local residential streets on the City's Transportation Plan Map. There is presently 50 feet of right -of -way (ROW) on SW Landau Place and 60 feet of ROW on SW Landau Street; both streets have adequate ROW for their classification. The exception lies at the intersection of the two roadways where a curb retum radius must be constructed which will require an additional ROW dedication at the comer. The ROW radius will need to be a minimum of 20 feet. Half- street improvements are necessary on both frontages of this site in order to mitigate the additional traffic that will be generated by this development. The applicant's plan indicates that they will construct these improvements as a part of their project. The existing pavement on these streets appear to be in good condition and the applicant should be able to sawcut the existing edge of pavement and widen the pavement from there. The specific sawcut details would need to be reviewed by the Engineering Department as a part of the public improvement construction plan review. SANITARY SEWER: There is an existing 8 -inch public sanitary sewer line in Landau Place, near the north property line of this site that can be extended .further south in Landau Place to serve the majority of the lots in this project. The applicant intends to extend the sewer line, along with their half- street improvement, to a point near the midpoint of Lot 4. Lots 1 and 3 will be served from an existing sanitary sewer line in Landau Street. Lot 2 is presently served from the line in Landau Street. The applicant's plan shows a cleanout at the end of the proposed sewer line extension in Landau Place. The City will require the installation of a manhole at that point, as cleanouts are not allowed in a public street. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97-0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 18 OF 21 WATER: • • This site lies within the Tualatin Valley Water District (TVWD) service area. There is an existing public water line available in SW Landau Place which will be used by the applicant to serve the new lots. The water line connections shall be reviewed and approved by TVWD prior to approval of the public improvement construction plans. STORM DRAINAGE: There is an existing public storm drainage system that was installed as a part of the existing subdivision (Landau Woods). The existing storm line is located partly in Landau Place and flows adjacent to the north property line of Lot 8 in a westerly direction. Drainage from this site is proposed to be collected in a mainline pipe extension of the storm line in Landau Place. The applicant has submitted a downstream analysis of the existing storm system and has determined that there is adequate capacity to accommodate the additional storm runoff that will be generated from this project. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91 -47, as amended by R &O 91 -75) 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. The R &O provides that in certain cases, where sites are small and design of a water quality facility is impractical, the City could allow the applicant to pay a fee in -lieu of building a facility. In this case, the overall site is small, and buildable land is limited to where if a facility were required, the applicant would likely lose one (1) lot. In similar cases like this, the City has determined that the fee in -lieu is justified. Therefore, the applicant shall pay the fee in -lieu for water quality prior to approval of the final plat. GRADING AND EROSION CONTROL: USA R &O 91 -47 also regulates 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 R &O 91 -47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. SECTION V: OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: 1. Condition: A demolition permit will be required for all existing structures and all utilities shall be removed. 2. Ensure that storm line "A" is deep enough to serve both the roof and crawl space drains of new homes. The City of Tigard Maintenance Services Department and City of Tigard Police Department have reviewed this application and have offered no comments or objections. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/POR 97-0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 19 OF 21 " SECTION VI: AGCY COMMENTS • The Tualatin Valley Water District (TVWD) has reviewed this proposal and has offered the following comments: Relocation of existing water meters by TVWD at developer's expense. The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved, and that plans shall be submitted to the Fire Marshall's Office for review and approval that address the following comments: Fire hydrants for single - family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required in any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2). The minimum available fire flow for single - family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A- III -A -1. (UFC Appendix III -A, Sec. 5). Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704). The Unified Sewerage Agency (USA) reviewed this proposal and provided the following comments: • SANITARY SEWER: Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R &O 96 -44 (Unified Sewage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to up -hill adjacent properties or extend service as required by R &O 96 -44. The proposed sanitary sewer line in SW Landau Place exceeds the maximum allowable distance from a manhole to a clean out. The location of the sanitary sewer line in SW Landau Place does not meet the requirements as stated in section 4.03.2.a in R &O 96 -44. STORM SEWER: Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up -hill adjacent properties, or extend storm service as required by R &O 96 -44. Hydraulic and hydrologic analysis of storm conveyance system is necessary. If downstream conveyance does not have capacity to convey the volume during a 25 -year, 24 -hour storm event, the applicant is responsible for mitigating the flow. The proposed storm sewer line at the rear of lots 1,2, and 3 will require a public easement. The proposed storm sewer line does not meet the requirements for location as specified in section 3.05.4.a of R &O 96 -44. WATER QUALITY: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. This subdivision does not meet the requirements for fee in lieu per Section 3.11.5.d of R &O 96 -44. STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97-0004/ZON 97-0005/VAR 97-0016 • TIGARD WOODS SUBDIVISION PAGE 20 OF 21 • Portland General Eleic has reviewed this applican and has offered no comments or objections. Other affected agencies have reviewed this application and have offered no additional comments or objections. .' SUB DIVSION w &PPRQ AL* S BE VA LID O NLYI F T HE ; FIN L PLAT; 4 A SU : MITT O T E�CI ,• , O TI GARD W I T H IN EIG TEE MONTHS © F T E ' 3�`. .a i:f - yt a" i Y[r�F �r�z. f; '! a- i a �,.,, v y. 4i ' 1. � : EFFECTIVE DATE OFT S DE C ISI ON . v : , V •Y " October 24, 1997 PREPARED BY: William D'Andrea DATE Associate Planner /AICP 6i ...9,E.e...a.i October 24, 1997 APPROVED BY: Richard Bewer, orff DATE Planning Manager i :\curpin\will\sub97- 08.dec STAFF REPORT TO THE PLANNING COMMISSION 11/03/97 PUBLIC HEARING SUB 97-0008/PDR 97-0004/ZON 97-0005NAR 97-0016 - TIGARD WOODS SUBDIVISION PAGE 21 OF 21 AREA BREAKDOWN • \7„ \ LOTS 61,279 S.F. �. RIGHT Of WA 134 S.F. .\ TOTAL . 67.353 S.F. \‘\\'' '► : CRY OF TIGARD STORM MUM EASEMENT 1 '. h: wr 4 n • as I 1 1 Z _ I ,÷, 0 j //� . V r {jt VI • • 1 • s .I -11 Z I 2 :;I • a ■I MI � ::1 Ct ao a Q I i 4' (.9 OEM O~ Mr as• 1 t: ■ re me — I o I I d 1 • - • . Ni Lk o 5 1-- N I LL t: 1 : : 1 4 A — - I S.W. IM MO STREET SITE PLAN SUBDIVISION - • ISOM 97-0008 PLANNED DEVELOPMENT QDBL 97-0004 ZONE EXHIBIT MAP � VARIANCE BIANCE [Y QOM AWL 97-0016 • TIGARD W00DS SDBDRIISION • • • - 1 I 1 I I I I 1 1 1 111 1 1 1 �. c maRC�s r 71---°1c3 T • ! - T -- • . I CHESTNUT - ' — C il \ i______± -� 11 ♦ r--- g , _ L ' I " ' - Cl , H h.x F _ T __ . HEMLOCK memo ..! c .. 3 . , L INIPPIMP Om g ' c ; Alm 1111E;Wiii . 21Mk 0 1 tir - iirtin E 011 . - c ' 116■ L RILLailil c i c 1 3 111111 i a. ---- _ Q � Q a L.... : . LOCUST 1, ' 1 — • — I ) — _1_ _ ' I i ---- T I I I O i J 1 I I - ,- _ sr � • ' f I■ — �U . 1 I LI____M___:: . r - I ', ' Li 1 11 I I O I I I I 1 1 1 I i i 1 f Vicinity Map ! SUB 97- 06 /PDR 97- 03 /Z0N 97 -02 W E I --- -- S 1 Tigard Woods Subdivision CITY F 5 ,� 'd o OF N� �, PM N 13125 S.W. Hall Blvd. NNE ; - • , \" • Tigard, Oregon 97223 .EGA S° is OCT c` � �' 11 991 `1 0\ /991 P of , \ U S125CD -07100 - CHURCH, 0 HAEL W & BARBARA J . 7440 Ln 35TH �� P. - LAND OR 97219 CHUR440* 472193000 1A96 1 10/18/97 I \� — - — FORWARD TIME EXP RTN TO SEND 1. CHURCH /� 9716 SW LANDAU PL t 1 \ TIGARD OR 97223 -101.5 411 w I RETURN TO SENDER \ . \ . = ?•�i•; -i ?4? i� \� 111.11 Il��ll��ll��,ll���lf���ll 1111.11.11.1 • • A.. CITY OF TIGARD Community Development Shaping A Better Community PUBLIC NEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY NOVEMBER 3, 1997 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO: SUBDIVISION (SUBI 97 -0008 PLANNED DEVELOPMENT [PDRI 91 -0004 ZONE CHANGE IZONI 97 -0006 VARIANCE [VARI 97 -0016 FILE TITLE: TIGARD WOODS SUBDIVISION APPLICANTS: Mr. Tony Righellis OWNER/ Beacon Homes, Inc. REPRESENTATIVE:Harper Righellis, Inc. APPLICANT: Peter Kusyk & Kurt Dalbey 5200 SW Macadam Avenue, Suite 580 9500 SW 125th Avenue Portland, OR 97201 Beaverton, OR 97008 REQUEST: > A request for the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately 1.4 acre parcel into eight (8) Tots ranging between 6,568 square feet to 8,254 square feet; 2.) Planned Development Review to allow lot sizes less than the minimum size required by the zone; 3.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map; and 4.) Variance request to allow a cul -de -sac to provide access to 22 Tots, whereas, the code states a cul -de -sac shall not provide access to greater than 20 dwelling units. • LOCATION: 7607 SW Landau Street; WCTM 1S125CD, Tax Lot 04000. The site is located at the northwest comer of the intersection of SW Landau Street and SW Landau Place. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108.,18.150, 18.160 and 18.164. ZONE: Residential, 4.5 Units Per Acre; R-4.5. The purpose of the R -4.5 Zoning District is to establish standard urban low density residential sites. The R -4.5 zone allows, among other uses, single - family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. ... THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO. ARRANGE 'FOR QUALIFIED SIGN LANGUAGE INTERPRETERS. QUALIFIED BILINGUAL SUB 97- 0008JPDR 97- 00042ON 97- 0005NAR 97 -0016 TIGARD WOODS SUBDIVISION INTERPRETERS UPON REQUEST. °LEASE CALL (503) 639 -4171, EXT. (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES W THE DEAF) NO LESS THAN ONE WM PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER OCTOBER 14, 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25fi) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA, ASSOCIATE PLANNER AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. ► st rmo = J � unmet: t ram ■111' v ■lm .iuimuir u Nom :MP I , les L 11i & Trz. mum =re Nor INP-1 {" 'E_s • � im _ MUM 1 1 i �. �W " Algal I � -J r te I;uI; ■1u ul 111" 1 - J --I - -1 - - r 5 -�- I wgg��s rf I I ITT SUB 97- 0008/PDR 97- 0004/ZON 97-0005NAR 97 -0016 TIGARD WOODS SUBDIVISION at UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM DATE: July 31, 1997 TO: William D'Andrea, City of Tigard FROM: Julia Huffman, USA SUBJECT: Tigard Woods "Expedited" Subdivision SUB 97 -0006, PDR 97 -0003, ZON 97 -0002 SANITARY SEWER Each lot within the development should be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R &O 96-44 (Unified Sewerage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to uphill adjacent properties, or extend service as required by R &O 96-44. * The proposed sanitary sewer line in SW Landau Place exceeds the maximum allowable distance from a manhole to a clean out. * The location of the sanitary sewer line in SW Landau Place does not meet the requirements as stated in section 4.03.2.a in R &O 96-44. STORM SEWER Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to uphill adjacent properties, or extend storm service as required by R &O 96 -44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25 -year, 24 -hour storm event, the applicant is responsible for mitigating the flow. * The proposed storm sewer line at the rear of lots 1, 2, and 3 will require a public easement. * The proposed storm sewer line does not meet the requirements for location as specified in section 3.05.4.a of R &O 96-44. 155 North First Avenue, Suite 270, MS 10 Phone: 503/648 -8621 Hillsboro, Oregon 97124 FAX: 503/640 -3525 • { William D'Andrea, City of Tigard July 31, 1997 Page 2 WATER QUALITY Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. * This subdivision does not meet the requirements for fee in lieu per section 3.11.5.d of R &O 96-44. r • as - : REQUEST FOR COMMENT FI CITY of TIGARD Community Deve&pment RECEIVED PLANNING Shaping Better Community DATE July 25, 1997 JUL 2 8 1997 TO: David Scott Building Official C(tYOFTIGARD FROM: CIty of Tigard Planning Division STAFF CONTACT: William D'Andrea (x3151 Rut 15031639 -4171 Fax [5031684 -7297 RE SUBDIVISION [SUB( 91- 0006/PLANNED DEVELOPMENT [POW 97- 0003/ZONE CHANGE QOM 97 -0002 > TIGARD WOODS "FJ(PEDITED" SUBDIVISION < PLEASE SEE THE ATTACHED NOTICE OF REQUEST FOR COMMENTS RELATED TO THE PROJECT REFERENCED ABOVE. THANK YOU. Attached is the Site Plan, Vicinity Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - August 8,1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. I PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. TX Written comments provided below: A y*cik\A--ec, CN■ -r te d,� Ci , • ,nJ \n - s- v . I ((ease pn,vid the fo[rawing infrmation) Name of Person(s) Commenting: 0 I Phone Numbertsl: �, )1 SUB 97.0006IPDR 97-0003/ZON 97 -0002 J TIGARD WOODS 'EXPEDITED' SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS - - P � PZIN Vq `, 111 $ � C<' ' �< TUALATIN VALLEY FIRE & RESCUE FIRE PREVENTION v 4755 S.W. Griffith Drive . P.O. Box 4755 . Beaverton, OR 97076. (503) 526 -2469 . FAX 526 -2538 �� � J am; 4 9e c,‘' RES RECEIVED PLANNING July30, 1997 AUG 0 5 1997 Will D'Andrea CITY OFTIGARD City of Tigard Planning Division 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Tigard Woods Subdivision S.W. Landau File Number: 1640 -97 Dear Will: This is a Fire and Life Safety Plan Review and is based on the 1994 editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances and regulations. Plans for the above noted project are not approved. Please address the following items and resubmit plans to this office for review and approval. Fire hydrants for single family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (LTC Sec. 903.4.2.2) The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A- III -A -1. (UFC Appendix III -A, Sec. 5) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) "Working" Smoke Detectors Save Lives /; *`. p.11 P4 <(1,`, Tual in Valley Fire & R ue Fire Prevention 4755 SW Griffith Drive • PO Box 4755 - Beaverton. OR 97076 - (503) 526.2469 - FAX 526 -2538 kra El LETTER El NO LETTER kE194004/§ TIME /1 t To 4)i r~ 04),_„ t_04- M. '3 `Q Date: / .� 7 ❑ WC 0 CC ❑ Mc 0 BV 3,4 TI TU 0 DU 0 SH 0 WI 0 KC 0�'l' �1f ile Number: 5) Project Name: 7) 1Ac tz' (J o a �5 Project Address: TVF &R Fde Number. (Whenever referring to this project please include the TVF&R File Number) Project approved X Project not approved - Please address items checked below and re- submit plans for review and approval to the: ,ij'VF &R Fire Marshal's Office 0 Planning Department having jurisdiction for routing to the TVF &R Fire Marshai s Office Project conditionally approved subject to correction of items checked below. This Is a Fire and Life Safety Plan Review and is based on the 1994 Editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances, regulations and guidelines. 1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shalt be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved tumaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet (UFC Sec. 902.2.1) 2) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinlder system, the requirements for fire apparatus access may be modified as approved by the Chief. (UFC Sec. 902.2.1 Exception 1) 3) ADDITIONAL ACCESS ROADS: Where there are 25 or more dwellings, an approved second fire apparatus access roadway must be provided to a city/county roadway or access easement. (UFC Sec. 902.2.2) 4) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface with a width of not less than 20 feet (15 feet for not more than two dwelling units), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) 5) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all- weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel Toad) and 50,000 pounds live load (gross vehicle weight). (UFC Sec. 9022.2.2) Please provide documentation from a registered engineer that the design will be capable of supporting such loading. Please provide documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code. 6) TURNING RADIUS: The inside tuming radius and outside tuming radius shall not be Tess than 25 feet and 45 feet respectfully, as measured from the same center point. (UFC Sec. 902.2.2.3) 7) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved tumaround. Diagrams of approved tumarounds are available from the fire district. (UFC Sec._ 902.2.2.4) 8) BRIDGES: Bridges shall be designed, inspected and final construction approved by a registered engineer. The bridge shall be designed in accordance with the American Association of Highway and Transportation Officials Standard Specifications for Highway Bridges.' The bridge shall be designed for a live load sufficient to carry 50,000 pounds. (UFC Sec. 902.2.2.5) 9) NO PARKING SIGNS: Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking' signs shall be installed on one or both sides of the roadway and in tumarounds as needed. (UFC Sec. 902.2.4) Signs shall read 'NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810' and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.(1) (2) & (3)) 10) GRADE: Fire apparatus access roadway grades shall not exceed an average grade of 10 percent with a maximum grade of 15 percent for lengths of no more than 200 feet. (UFC Sec. 902.226). Intersections and turnarounds shall be level (maximum 5 %) with the exception of crowning for water run -off. / 11 i File Number 11) PAINTED CURBS: Fire apparatus access roadway curbs shall be painted yellow and marked 'NO PARKING FIRE LANE' at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. (UFC Sec. 901.4.5.2) . 12) COMMERCIAL BUILDINGS - MINIMUM NUMBER OF FIRE HYDRANTS: The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be Tess than one (1) fire hydrant for the first 2,000 gallons per minute (GPM) required fire flow and one (1) additional fire hydrant for each 1,000 GPM or portion thereof over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief. (UFC Sec. 903.4.2.1) , 13) COMMERCIAL BUILDINGS - FIRE HYDRANTS: No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire appatatus access roadway. (UFC Sec. 903.4.21) 14) SINGLE FAMILY DWELUNGS - FIRE HYDRANTS: Fire hydrants for single family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) 15) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall not be located more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 16) FIRE HYDRANT / FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 70 feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. (UFC Sec. 903.42.5). FDC locations shall be as approved by the Chief. (1996 Oregon Structural Specialty Code, Sec. 904.1.1) 17) FIRE DEPARTMENT CONNECTIONS ON BUILDINGS: Fire department connections shall not be located on the building that is being protected. (UFC Sec. 903.4.2.5) 18) COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi. A worksheet for calculating the required fire flow is available from the Fire Marshal's office. (UFC Sec. 903.3) ir 19) SINGLE FAMILY DWELUNGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A- III -A -1. (UFC Appendix HI-A, Sec. 5) 20) RURAL BUILDINGS - REQUIRED FIRE FLOW: Required fire flow for rural buildings shall be calculated in accordance with National Fire Protection Association Standard 1231. Please contact the Fire Marshal's office for special help and other requirements that will apply. (UFC Sec. 903.3) _ 4 21) ACCESS AND FIREFIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) 22) KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an application and instructions regarding installation and placement. 23) REQUIRED INSPECTIONS: Please contact the Fire Marshal's office at the appropriate times for inspection of the following: _ 24) — 25) 'J - ( taw" =A APPLICANT 0 PLANNING DEPT XBUILDING DEPT Pla Revie - r Signature At. - REQUEST FOR COMMENTS CITY OF TIGARD Community 'Development Shaping Better Community DATE July 25, 199/ RECEIVED PLANNING TO: Tlgard Police Department - Crime Prevdidfoit 7 1 City Tigard Planning Division . , ., FROM: C of Ti a Cmr 0 yCL. = Lek - am WAndree .� y 15031639=4171 t [apt (5031684 -7297 RE ..�.�. - � SUBDIVISION (SUB] 91- 0006/PLANNED DEVELOPMENT (PDBI 91 -0003/ZONE CHANGE QOM 91 -0002 > TIGARD WOODS "EXPEDITED" SUBDIVISION < . PLEASE SEE THE ATTACHED NOTICE OF REQUEST FOR COMMENTS RELATED TO THE PROJECT REFERENCED ABOVE. THANK YOU. Attached is the Site Plan, Viclnn Map and Applicants Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - August 8,1997. You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: v (Please pnrvk& the foQowing information) Name of Persons] Commenting: 5 I 4 Phone Number[s]: t 0 SUB 97.0006/POR 97-0003/ZON 97 -0002 TIGARD WOOOS'EXPEDITED' SUBDIVISION PROPOSAIJREOUEST FOR COMMENTS • REQUEST FOR COMMEN OF TIGARD CITY OF TIOARD Community CDevefopment ShapingA Better Community RECEIVED PLANNING DATE luly 25,1997 p JUL 2 8 1997 TO: John Roy, Property Manager CITY OF TIGARD FROM: C of Ti and Plannin Divisio 9 STAFF CONTACT: Wililam /Andrea [x3151 V Phone: 15031639 -4171 Fax (50316847291 RE SUBDIVISION (SUB] 91- 0006/PLANNED DEVELOPMENT IPDRI 97- 0003/ZONE CHANGE IZONI 91 -0002 > TIGARD WOODS "EXPEDITED" SUBDIVISION < PLEASE SEE THE ATTACHED NOTICE OF REQUEST FOR COMMENTS RELATED TO THE PROJECT REFERENCED ABOVE. THANK YOU. Attached is the Site Plan, Vicinity Map and Au Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be _ prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - August 8, 1997. You may use the space provided below or attach a separate letter to retum your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: t/ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: v (Trease provide the following information) Name 01 Perseids] Commenting: 1 Phone Numberis]: SUB 97- 0006IPDR 97- 0003IZON 97 -0002 ,/ TIGARD WOODS 'EXPEDITED' SUBDIVISION PROPOSAIJREOUEST FOR COMMENTS 111 dito REQUEST FOR COMMENT `� ,,. �� II CITY OF TIGARD RECEIVED Community 'Development Shaping cBetter Community AUG 21 1997 DATE July 25,1991 COMMUNITY DEVELOPMENT _ __ TO: Paul Koft, GTE Engineering FROM: City of Tigard Planning Division STAFF CONTACT: liam D'Andrea [x3151 Pbooe: (5031639 -4171 Fax: (50316847281 RE SUBDIVISION [SUM 97- 0006/PLANNED DEVELOPMENT [PDRI 97- 0003/ZONE CHANGE QOM 97 -0002 > TIGARD WOODS "EXPEDITED" SUBDIVISION Q PLEASE SEE THE ATTACHED NOTICE OF REQUEST FOR COMMENTS RELATED TO THE PROJECT REFERENCED ABOVE. THANK YOU. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - August 8.1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Ei_4 4._ irk ■ • • • • — (�' (,c )) . .L4 Q , }Orr i , P A P A CZZ c 1/4 / / nAogefejZir6 � 5 ' 1(, , it . 0- / l G L � V 44 1 1 (q'(2ase proof& the fo ins in Name of PersonEsi Commeudng: / am , I Phone Number(s): SUB 97- 0006JPDR 97-0003IZON 97-0002 TIGARD wOODS'EXPEDITED' SUBDIVISION PROPOSAUREQUEST FOR COMMENTS ■ • 08/25/97 MON 08:40 FAX 503 591 0986 TVWD ENGINEERING R1002 1 TeCE1 p1ANN�N AO 997 REQUEST FOR COMMENTS CITY OF TIGARD PSG 2 51 Comma row Shaping yt Better Community Go °��`� RECD JUL 2 8 1997 DATh ,n / luly 25,1991 t" 111ALATIN VALLEY WATER DISTRICT - ATIN: ADMINISTRATIVE OFFICE CiIY STAFF CONTACT: of Tigard Planulag DlV William O'Audrea (x3151 FROM: t�sliam >tsss -am Eat r;5o31s84-rig? RE SU BDW1S10N (SUB) 97- 0006/PLANNED DEVELOPMENT NM 97-0003 CAGE QOM 91-000 TIGARD WOODS "EXPEDITED SUBDIVISION < PLEASE SEE THE ATTACHED OT C • F ' _ , F • COM E S RELATED TO THE PROJECT REFERENCED ABOVE. THANK YOU. • lied by various Attached is the Site ptap, YICtRIN Map and Applicant's Statement to st ff, a r Qport fandarecommendation will be departments and agencies and from other information available d and a decision will be rendered on the proposal in the near future. If you wish to comment on this application prepared : q Rid - August 8,1997. You may use the space provided ho dnach • u � ►� v 'Y� o dam, case phone the staff contac • R _ your comments. it 1rou are unable to resuon 9 soon as possible. If you have an' noted above letter with return y one ... noted above with your comments and confirm your comr+�+ •-- auestions, contact the Tigard Plannirt. D ; s.n �, 14125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. of our officE Please contact Please refer to the enclosed letter. Written comments provided below: �i ' GcJ� aJ - E ix)/ �/ 1� • T. • . _ _ game of Perseids) Commenting: , y �2,G* FROM MUEHE Quality Heating, Inc. FAX NO. : 598 8498 Apr. 13 1999 02:22PM P1 . :•• , , 4 • . • t 3 •, Atj" • ( r i . r y. • t i ..1 QUALM ` Y HEAD i • . PO Box9 Wat Linn OR 97068 . (503) 598 -0966 (5d3) 598.8498 F AX T ISNMISSION COVER SHEET • • e .0 / Dam iy___ . —c(/ 0.6 To: G am-" 56 61 9 Pax: gq- 70 ? 7 Subject: 7(9 q (.97D6cv • . . 1 , 1 ; L . , ' 6#SC14- . , I�CI�UDING THIS CAS ' SHEET. 1E �cEryE PAGE(S) S () PLEASE 598-0966 YOU SHOU.r.D t r Au. THE pAC.ES,, YOU DO �0 c � • . - . 5 -5d(9-7 . -. 0)/ . . de .. 1 9?.)-le - . • - /je-el ti I 17' . : , . . • . • • • FROM : MUEHE Quality Heating, Inc. FAX NO. : 598 8498 Apr. 13 1999 02:22PM P2 D AGCOIM I FG FAX PCI. : 5E13 66a $104 .Mar. 09 1999 05: 27FM P1 ett S FR y� , .S `# ac ,.., s t4. • • j : 4 7f .s1 . _ ' March 9, 1999 • . . . JIm Gasta ' Regarding trees located at 7607 SVV Landau, Portland. ` It is reasonable to assmise that the trees located at the above named. . address have an. extremely high risk of failure due to soil compaction and other root damage, resulting from heavy construction equipment being operated over the root area. . , , • Signedi Aftft„ • ' 2j • Richard GIIIt . Certified Arbotist /Mil 1238 . ' . • • • . ` / l' fl/L Z c 6.---,-0-e. j � ��Gc9 —� . . /r / .‘7, L . ee , • 1iiii SE DIgaii Id, Sarin. Cam 97065. L003/6686 W. 503/2 . • FROM : MUEHE Qua 1 i ty Heating, Inc. FAX NO. : 598 849 - Apr. 13 1999 02 : 23PM P3 . /1J®i a ce-A it ekarf f o d � / �— A B CRISMAN LOGGING I li G IN - , , : 401,c 'fi & TREE • CE, INC. � 14940 Southwest 81st Avenue Tigard, Oregon 97224 639 -2925 FAX 639 -0398 • Date: 31 i f / 5 Z vn 6t...cA. 't Phone4%2D - lip ccIl s72. 7 6 ' J 5: 4'4/ 5 r INVOICE TREE WORK; LOCATION: 74 0 7 5, tqJ. 1 "�, c4k + . DESCRIPTION: 4 .' • 7 • . e • - T • = =u• . 80„x; , �'[J J A- f le %s _ .4, + ::. 4 , 0 . :,t � Iti /Lu. 4 - 4 el$ 44k ( he' -,;cSG fps . , at eiX / l �loa /et 640.1r . C' . 6"irit dt : . V ,4 / 601 �- . �'o yie: �i9 to 7letvs o ' . _ , i ...1 . • _ L �, 'kid, lb ..��1e-w41k I.., 1# y 16g 1 :IV . 1 OWwt.. P � o d F. w4 t r .. •.. 1 1 1 • .: S, • J / f _4 [e / i 1 1 4 4 OW d ,)► 2 'Act p TOTAL SUM DUE: y S 0 ioc FROM : MUEHE Quality Heating, Inc. FAX NO. : 598 8498 Apr. 13 1999 02:23PM P4 • fdPR ^13 ^79 'UM 1+.+I P. O t I 5014 A NT E — r STREET ADDRESS CITY 21P / 1 , . \. EXTERMO BILI.kit ADDRESS CITY ZIP Pest Services 9s -cog PHONE PHONE "For Serious Results" 3 - aS -9 s' Bid Date Map Grid Heaartuarterg vai 24G -0102 206: '92 -9228 VIt E AGREEMENT INITIAL TREATMENT FREQUENCY OF TREATMEN m Q Residential Date: D Monthly Protection 0 Weekly protection 2 g 1/ - 02 (/(' 0 Commercial / Industry Time 0 Twice Monthly "(One Shot Protection O Other. - . - STRUCTURAL GENERAL PEST {g) PESflS) Carpenter Ants 0 Fleas d Yam /Jackets 0 Siverlish Moisture Ards 0 Spiders 0 Wasps/Hornets 0 MRCS 0 Wood Boring Beetles . 0 Mice /Rats 0 Cockraachee 0 Moles 0 Termites D Arils 0 Carpet Beetles 0 Other: INTERIOR d Crack & Crevice 0 Treat Attte 0 Drill & Treat Wells' 1 odmeJAt arras that they will TREATMENT 0 Spot Treatment 0 Crawl Space 0 Fogging System , eaa (lo)tltiszy days aMeresmama 0 Void InjeCtbn 0 Basement 0 Sub•Stab Injection tsvForo requastinti reimspectien Of raiealatencwyiva the predeceased* •!1 needed O RtxleRt Stations O Glue Traps O Snap Traps EXTEIti4C7 UJ LLatake+Oea. EXTERIOR 0 brill & Treat Wails 0 Power Spray Siding Power Spray Trees TREATMENT 0 (a) Top Level; (b) Lower Lever 0 Power Spray Eaves Power Spray Deck Mole Trappings 0 Power Spray LarvrvBarkdust 0 Rodent Stations Power Spray Foundation 0 Power Spray Grape 'Owner will till and paint holes. • N needed Power Spray Perimeter 0 Power Spray Fence LET'S PROTECT YOUR INVESTMENT NOW!! Ezitt INITIAL MONTHLY Pt TEOT ON 8% SAVINGS 1 YR. ADV. * * * * FUMIGATION YES NO PEST ELIMINATION YES NO * * ' turroamco ti HIGHEST STANDAR 0 — YES NO RENE PKG. YES NO We honor Vise/MaelerCard/Disoover Card exp. VACATE FOR Less than a one year Service Agreement requires payment in advance. . .. EXTE RMCO agrees to provide post control service in accordance with the terms outlined above. and more often if deemed nixes- • Ray by EXTERMCO or if requeetad by you. to elfeca Contra! of the above listed pests. THIS SERVICE AGREEMENT I3 FOR AN INITIAL TERM OF ONE YEAR and shall continue thereafter MoN7N- YO- MONTI4 until terminated by either party. Customer agrees is make the premises available tor service and TO ACCEPT OUCH 6ERVtCE EACH MONTH. 11 XT ER M C 0 is not liable for any pest damage. The o Iston+ar agrees further to pay for such service Im media?sly upon bitting and to pay for any and all collection tees and late chaff AS N any. • CANCELLATION: Customer understands that more time and treatment are required during the first months to bring best problems under control than during the later months, and that these higher costs are spread over the M12 month terms of this Contract. For this reason, Customer agrees to pay GO% of the remaining contract balance, it cancelled prbr to expiration of the one year term. EX TE R NIG 0 REQUIRED 46 DAYS WRITTEN NOTICE PRIOR YO CANCELLATION OF SERv1Ca AGREEMENT 1 rtava reed and under- stand the GENERAL TERMS and CONDITIONS on both sides et the SsMee.Agreement, TERMS; NET . - • CE CI1AFe3E OF 1.546 PER MONTH (1894. ANNUALLY) Will BE CI1AROED ON ALL PAST DUE ACCOU (r . Inspector , • ilr.. - , oapio B y management ADproval •. a/ '(' a -1 -L- T ine °' • EXTERMCO Pest Services 5141 SW Bvtn- Hillsdl Hwy., Portland, OR 97221 (503) 246 -0102 • FAX 245 -6840 June 10, 1999 I performed an inspection for Mr. Gasca on March 25, 1999. My focuse for the inspection was moisture ants in the large tree stumps in the front of the property. Based on the damage to the inner trunk it is my opinion the trees where better off being cut, but I do not have a Arborist license and I am not qualfied to make those suggestions. My inspection covered the structual concern for Mr. Gasca's home. Sincerely, /4 1 - Kathy Elkins 1 1 1 ; Harper Righellis, Inc. 1 1 APPLICATION FOR: Subdivision TIGARD WOODS P.U.D. Prepared for: 1 Beacon Homes, Inc. 9500 SW 125 Avenue Beaverton, OR 97008 (503) 524 -1999 1 Submitted to: • 1 City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 1 October 6, 1997 1 Prepared by: Tony Righellis 1 Harper Righellis, Inc. 5200 SW Macadam Avenue, Suite 580 Portland, Oregon 97201 (503) 221 -1131 1 'ENGINEER S • P L A NN ER S 1 1 Table of Contents 1 I. SUMMARY II. PROPOSAL III. EXISTING CONDITIONS IV. APPLICABLE ZONING REGULATIONS • A. Planned Development (18.80) B. Lot Dimension Requirements (18.52 & 18.164.060) 1 C. Setbacks (18.96.030) D. Building Height (18.98) E. Residential Density (18.92) F. Blocks (18.164.040) 1 G. Future Street Plan and Street Extensions (18.164) H. Solar Access (18.88.040) Parking and Access (18.106.030 & 18.164.030) ' J. Clear Vision Area (18.102) K. Street Trees (18.100.030 and .035) L. Tree Removal Plan (18.150.025 and Metzger /Progress Community Plan Area of Special Concern #10) 1 M. Mitigation (18.150.070(D)) N. Neighborhood Meeting O. Impact Study (18.32.050) P. Public Facilities Q. Storm Water Quality Treatment V. CONCLUSIONS ' APPENDICES Appendix A -- Arborist Report Appendix B -- Geotechnical Report ' Appendix C — Drainage Analysis Appendix D — Pre - application Conference Notes Appendix E — Neighborhood Meeting Information 1 SHEETS 1. Title Sheet/Circulation Plan 2. Existing Conditions ' 3. Tentative Plat 4. PUD Plan 5. Street Profiles 6. Grading and Drainage ' 7. Utilities Plan 8. Utilities Profiles 9. Tree Removal and Mitigation Plan • 1 I. SUMMARY APPLICANT: Peter Kusyk and Kurt Dalbey ' Beacon Homes, Inc. 9500 SW 125 Avenue Beaverton, OR 97008 ' (503) 524 -1999 APPLICANTS REPRESENTATIVE: Tony Righellis, Harper Righellis, Inc. 5200 SW Macadam Avenue, Suite 580 Portland, Oregon 97201 (503) 221 -1131 REQUESTS: Planned Development Subdivision to Create 8 Lots. Variance to allow more than 20 Tots direct access to SW Landau Place, specifically proposed lots 3 through 8. 1 LEGAL DESCRIPTION: 1S1 25CD -4000 PARCEL SIZE: 1.40 Acres 1 COMP. PLAN DESIGNATION: Low Density Residential ZONING DESIGNATION: R -4.5 (7,500 square foot lots) DATE SUBMITTED: October 6, 1997 ' II. PROPOSAL The applicant is proposing the subdivision of this parcel to create eight lots along with having six of those lots directly accessing the existing SW Landau Place cul -de -sac. This access would increase the total number of lots accessing the cul -de -sac to more than 20 lots. According to City staff, only 20 total Tots can directly access a cul -de -sac without a variance. Therefore, a variance to allow more than 20 total lots to 1 directly access the cul -de -sac is requested. Specifically, the lots proposed for direct access are Tots 3 through 8. The proposed development is fronted by streets on two sides and provides for improvements to both streets ' (SW Landau Place and SW Landau Street). The other two sides of this development are fully bound by existing single - family homes. 1 III. EXISTING CONDITIONS The 1.40 acre parcel is currently under - developed with only one house with detached garage fronting SW ' Landau Street. The site is treed predominately with Douglas Firs and Western Red Cedars. Some of the larger trees are in the fronting right -of -way. There are small localized areas with slopes of more than 25 percent. 1 The site is fully served by utilities as they already either front the site or are extended to the edge of the site. 1 1 1 IV. APPLICABLE ZONING REGULATIONS ' A. Planned Development (18.80) Response: The applicant is proposing a subdivision using the standards described in this section. ' According to state law governing Expedited Land Divisions (Ch. 595 Sections 7 to 11 of Oregon Law), the provisions of the law shall apply to all elements of a local government comprehensive plan and land use regulations applicable to a land division, including any planned unit development/planned development standards and any procedures designed to regulate: • the physical characteristics of permitted uses; • the dimensions of the lots or parcels to be created; or ' • transportation, sewer, water, drainage, and other facilities or services necessary for the proposed development, including but not limited to right of way standards, facility dimensions and on and off-site improvements. Given that the Planned Development overlay will be applied to this parcel, standard R -4.5 district dimension requirements and yard setbacks do not apply to this site. Modifications to these standards will be discussed under the appropriate development issue headings. ' B. Lot Dimension Requirements (18.52 & 18.164.060) ' Response: As stated above, the applicant is proposing to develop this site using the flexibility allowed in the Planned Development section of the Code. Lots are sized for proposed single - family homes. C. Setbacks (18.96.030) Response: The standard setbacks of the R -4.5 district are 20 foot front yards, 5 foot side yards, 15 foot street side yards, and 15 foot rear yards. The Planned Development overlay allows for flexibility in applying ' these setbacks. These minimums are not proposed to be modified. The rear lot setback are proposed to be increased as follows. Lot Number Rear Yard Setback 4 70 feet 5 70 feet 6 90 feet 7 i 93 feet 8 93 feet ' The purpose of the increased rear yard setbacks for Tots 4 through 8 is to reserve these areas for landscaping and tree mitigation. Grading will not occur in these rear yards and the only allowed structures ' will be decks, gazebos, playground equipment, storage sheds, foot bridges, and associated ancillary features. ' D. Building Height (18.98) Response: Building height shall not exceed 30 feet. 1 1 E. Residential Density (18.92) 1 Response: Total allowable density for this site is 8 single - family units. The density calculation is as follows: Gross area: 61,353 square feet I Deductions: Land exceeding 25 percent in slope: 1,001 square feet Land dedicated for public right -of -way: 134 square feet Minimum lot size for existing dwelling unit: 7,500 square feet I Net development area: 52,718 square feet Minimum lot size: 7,500 square feet No. of new units (net development area / min. lot size): 7.03 units I No. of existing dwelling units 1 unit Total Units Allowed: 8 units F. Blocks (18.164.040) I Response: The proposed development is fronted by streets on two sides (SW Landau Place and SW Landau Street). The other two sides of this development are fully bound by pre- existing single - family 1 homes. There are no opportunities to increase connectivity thus the standards are met. G. Future Street Plan and Street Extensions (18.164) I Response: Sheetl of the applicants submittal shows streets and parcels within 500 feet of the site. No transit, pedestrian or bicycle routes are located within this area. No future streets or extension of streets are proposed. The proposed development is bound by existing rights -of -way and pre- existing development. I There is no need for the development to create internal streets as the proportions of this parcel are such that all the proposed lots front the existing rights -of -way. H. Solar Access (18.88.040) 1 Response: Three of the eight proposed lots (37.5 %) have a south orientation thus they meet the Basic Requirement. The other five lots have an east -west orientation. Due to existing street and prior I development patterns there is no opportunity to orient these lots in any other manner. Any adjustment to increase solar compliance will cause a reduction in the number of proposed lots or a greater than 5% increase in per lot costs. The Toss of just one lot would reduce the density by 12.5% and even assuming no increase in construction costs, this would result in a more than 5% increase in per lot costs. 1 I. Parking and Access (18.106.030 & 18.164.030) . I Response: Each lot has at least two off - street parking spaces as the driveways will provide that parking. In addition, except for lot 2, all lots will have homes with two car garages. Six lots will directly access SW Landau Place bringing the total number of lots accessing the cul -de -sac to I more than lots. Section 18.164.030.K.1 limits access to 20 dwelling units. A variance to this section is requested with this application to allow proposed lots 3 through 8 to directly access SW Landau Place. Without the variance, lot 3 would have to access SW Landau Street very close to the I intersection with SW Landau Place. This is not an ideal location. Also, lots 1 and 4 would have to become flag lots that directly access SW Landau Street with the flag for both lots being where lot 1 is currently proposed. The buildable area for lot 1 would then be in the proposed backyards of lots 4 and 5 and reduce the potential for on -site tree mitigation. This layout is not desirable for future homeowners and adjacent I neighbors. The proposed lot layout and added driveways to SW Landau Place is preferable and not a burden for any others who access the cul -de -sac nor a burden to the delivery of services on the cul -de -sac. I J. Clear Vision Area (18.102) Response: A clear vision area will be established and maintained at the intersection of SW Landau Street and SW Landau Place. 1 1 K. Street Trees (18.100.030 and .035) Response: Street trees will be provided along SW Landau Street and SW Landau Place, while maintaining clear vision areas. L. Tree Removal Plan (18.150.025 and Metzger /Progress Community Plan Area of Special Concern #10) Response: The applicant surveyed all the on -site trees. They are shown on sheet 2 of the plans (existing conditions). Sheet 9 illustrates which of these trees will be removed due to construction of streets, utilities and residences. The applicant retained an arborist (see report in Appendix A) to assist with tree removal and tree retention efforts. 1 Proposed tree removal has been minimized. Regardless of size, only the trees that need to be removed for the construction of homes and public improvements have been identified to be removed. Large rear -yard setbacks have been proposed to retain the larger trees in the northwest corner of the site. A specific analysis of the trees 6- inches and greater has not been performed, but all trees above that size have been inventoried and are shown. The analysis of the 12 -inch and larger non - hazard trees shows we are proposing to retain 52 percent of those trees. Retaining more trees would mean not being able to develop ' the site at the planned density. M. Mitigation (18.150.070(D)) ' Response: There are 73 non - hazard trees on the site over 12 inches in size. Of these, 38 (52 %) are proposed to be removed to construct improvements on this site. Given this standard, the applicant must mitigate for 431 diameter inches of trees. The applicant is proposing to mitigate for lost trees with trees of at least 2- inches in caliper according to the replacement calculation in this section. Some will be planted in the rear yards of lots as shown on sheet 9. Not all can be mitigated on site as there is not enough room on the site. It is proposed that the remainder of the ' mitigation occur on other sites or the City be compensated for the value of the mitigated trees that can not be planted on this site or other sites. N. Neighborhood Meeting Response: A neighborhood meeting was held on October 1, 1997. Relevant information pertaining to that meeting is included in Appendix E. 1 O. Impact Study (18.32.050) ' Response: The applicant understands that the City will prepare impact analysis. This project proposes improvements on local streets only to meet the needs of the development. The applicant also understands that systems development charges will be due upon construction. 1 1 1 1 1 • P. Public Facilities Response: All public facilities are illustrated on the accompanying plans. Rights -of -way for the improvement of both Landau Street and Landau Place are sufficient except at the ' intersection of these streets and in the curve of Landau Place at the northern end of this site. Dedications are proposed to provide adequate rights -of -way at these locations. Landau Place and Landau Street will be widened to half- widths of 16 and 17 feet of paved surface, respectively, with curb, sidewalk, and drainage. This project will generate 70 average daily trips more than currently exist (7 new homes at 10 average daily trips). ' Sanitary sewer will be extended up Landau Place from the existing sewer at the north end of the site a sufficient distance to serve Tots 4 through 8. Lots 1 and 3 will be served by the existing sewer in Landau Street. Lot 2 is already served by the sewer in Landau Street. ' Water is provided by existing public lines in Landau Place and Landau Street and service connections will extended to Lots and 3 through 8. Lot 2 already has a service connection. ' Storm water will be collected along the entire street frontages by new storm lines and catch basins and be routed to the north end of the site in Landau Place. The new storm lines will connect to an existing storm line at this location. The roof and foundation drains of the homes will connect directly to the new storm line in Landau Place by a private back yard drain for lots 1 through 3 and individual service connections for lots I 4 through 8. No curb weep holes are proposed thus minimizing the flow in curb lines. The entire site currently drains to the north end of the site. The proposed back yards will be the only remaining areas that drain off -site onto the lot that bounds the north end of this site, thus there will be a net reduction in surface flows to this home. Grading will be minimal. No grading is proposed beyond the back of the building envelopes for Tots 4 1 through 8. Q. Storm Water Quality Treatment Response. The parcel size, shape, and features makes the placement of a storm water treatment facility undesirable. The applicant proposes to pay the fee in -lieu of constructing the facility. V. CONCLUSIONS ' The applicant's proposal satisfies the criteria for Expedited Land Division review. The applicant's proposal also satisfies, or can be conditioned to satisfy, applicable Zoning and Land Development Code regulations. Given that the proposal qualifies for Expedited Land Division and satisfies or can be conditioned to satisfy the "substantive requirements" of the jurisdictions land use regulations, the city must make the 1 administrative decision to approve the request. 1 1 1 \ 1 1 Tigard Woods PUD Tree Protection & Removal Plan 1 1 1 1 1 Prepared for: Beacon Homes 9500 SW 125th Beaverton, OR 97005 1 1 Prepared by: Walter H. Knapp Certified Silviculturist Certified Arborist - ISA 7615 SW Dunsmuir Lane Beaverton, OR 97007 Phone (503) 646 -4349 1 1 September 24, 1997 • 1 1 . 1 Walter H. Knapp Silviculture and Forest Management 1 Urban Forestry 1 Tigard Woods PUD 1 Tree Protection & Removal Plan 1 1 Background and Purpose This Tree Protection and Removal Plan describes the activities that will affect trees at the Tigard Woods PUD in the City of Tigard, Oregon. The Plan is responsive to the requirements of Tigard's Municipal Code, Chapter 18.150, Tree Removal. 1 Site and Stand Description 111 Tigard Woods PUD is located at the northwest corner of the intersection of SW Landau Street and SW Landau Place. A small local intermittent stream or drainage bisects a portion of the area to the north. Slope 1 is gentle to the north - northwest. The site is heavily forested, primarily with large evergreen trees. Coniferous species include Douglas -fir 1 (Pseudotsuga menziesii) and western redcedar (Thuja plicata). Some of these trees exceed 120 feet in height and 40 inches in diameter. Stand age is 75 -90 years old. Several native deciduous trees are also found on the site, including red alder (Alnus rubra), bigleaf maple(Acer macrophyllum), and bitter cherry (Prunus emarginata). Remnants of a fruit orchard are growing on the western portion of the property. Tree Protection & Removal Plan and the Tree Map • As required by the City, this tree protection and removal plan includes the location, size, and species of ' existing trees as well as a program to mitigate tree removal. See the accompanying Tree Preservation Map and Table 1 for details on trees. 1 7615 SW Dunsmuir Lane, Beaverton, OR 97007 Phone (503) 646 -4349 1 Tigard Woods Page 2 1 Tree Inventory and Tree Code Requirements The City of Tigard has recognized the importance of trees in a municipal code that addresses tree removal 1 and mitigation. The Tree Code generally requires "no net loss" for trees over 12 inches in diameter.' It specifies that "the number of replacement trees required (to mitigate tree removal) shall be determined by dividing the estimated caliper size of the tree removed or damaged by the caliper size of the largest reasonably available replacement trees." As shown in the following table, the code makes additional requirements based on the percentage of trees retained. Amount of Trees Retained Mitigation Required Less than 25% of trees over 12 inches No net loss of trees as defined by Section in diameter 18.150.070.D 1 Retention of 25 -50% of trees over 12 inches in diameter Two- thirds of the trees to be removed must be mitigated as defined by Section 18.150.070.D Retention of 50 -75% of trees over 12 Half of the trees to be removed must be mitigated as 1 inches in diameter defined by Section 18.150.070.D Retention of 75% or more of trees over No mitigation required 1 12 inches in diameter Quantifying the Tree Inventory • A total of 83 trees over 12 inches in diameter are present on the site. Ten of these trees are a potential hazard to life or property, or are dead, dying, diseased, or infested with insects.' These trees do not require mitigation. Thus, the net number of non - hazardous trees over 12 inches in diameter is 73. Over half of these trees (38 trees; 53 %) will be retained through construction. The remaining 35 trees will require mitigation to meet the requirements of the Tigard Tree Code. See Table 3 for details of the mitigation plan. 1 1 • • I See City of Tigard, OR Municipal Code, Chapter 18.150. Tree Removal for specific requirements and definitions. 2 See Table 2 for details of hazard tree assessment. Note that recommendations concerning tree hazards and risks to life and property are based on professional judgement, and there is no specific or implied assurance of safety intended. • Tigard Woody Page 3 1 Retaining and Protecting Trees I Many of the trees retained on the site will need special consideration Y p o to assure that they are protected during construction. These measures include: • Retention trees located in the vicinity of equipment operations will be protected by installation of orange plastic construction or chain link fencing to prevent injury to tree boles or soil compaction within the root zone. • If it is necessary to have any vehicle or construction equipment drive or maneuver within the root zone of a retained tree, a layer of gravel or other suitable mulch at least 6 inches deep will be placed in the path of the equipment as protection for the root system of the tree. ' • Construction equipment will be stored in suitable locations away from retained trees. • The stripping of topsoil around retained trees will be restricted. • Excavation immediately adjacent to roots larger than 2 inches in diameter within the tree root protection zone of retained trees will be by hand to ensure that roots are not damaged. Where feasible, major roots will be protected by tunneling or other means to avoid destruction or damage. 1 • A certified arborist or urban forester should supervise proper execution of this plan through construction of all buildings that may encroach on retained trees. 1 Summary More than half of the qualifying trees larger than 12 inches in diameter will be retained at Tigard Woods PUD. A series of safeguards are provided to ensure protection of these trees and to preserve the character 1 of the landscape. Much of the required mitigation will be done on the site, but alternative planting locations may be used if needed. • i Walter H. Knapp 1 Certified Silviculturist Certified Arborist, ISA 1 Enclosures: Tables 1 -3 1 1 I Table 1. Tigard Woods tree inventory: detailed listing. I Tree HazTree Non -Haz. Retain Remove No. Species OBH DBH >12 DBH >12 DBH >12 >12 >12 Code 1 Scientific Name I Common Name inches inches # inches inches inches I 1 DF Pseudotsuga menziesii Douglas -fir 20 20 20 20 2* DF Pseudotsuga menziesii Douglas -fir 40 40 1 3 DF Pseudotsuga menziesii Douglas -fir 36 36 36 36 I 4 DF Pseudotsuga menziesii Douglas -fir 36 36 36 36 5 M Acer macrophyllum bigleaf maple 10 6 WRC Thuja plicata western redcedar 24 24 24 24 7 - WRC Thuja plicata western redcedar 10 I 8 WRC Thuja plicata western redcedar 8 9 WRC Thuja plicata western redcedar 38 38 38 38 10 WRC Thuja plicata western redcedar 30 30 30 30 11 WRC Thuja plicata western redcedar 26 26 26 26 I 12 DF Pseudotsuga menziesii Douglas -fir 28 28 28 28 13 WRC Thuja plicata western redcedar 16 16 16 16 14 DF Pseudotsuga menziesii Douglas -fir 30 30 30 30 I 15 DF Pseudotsuga menziesii Douglas -fir 28 28 28 28 16 DF Pseudotsuga menziesii Douglas -fir 16 16 16 16 17 DF Pseudotsuga menziesii Douglas -fir 18 18 18 18 18 DF Pseudotsuga menziesii Douglas -fir 28 28 28 28 I 19 DF Pseudotsuga menziesii Douglas fir 30 30 30 30 20 M Acer macrophyllum bigleaf maple 8 21 RA Alnus rubra red alder 10 22 C Prunus emarginata bitter cherry 10 I 23 L Umbellularia califomica California laurel 12 24 DF Pseudotsuga menziesii Douglas -fir 36 36 36 36 25 DF Pseudotsuga menziesii Douglas -fir 28 28 28 28 I 26 DF Pseudotsuga menziesii Douglas -fir 28 28 28 28 27 DF Pseudotsuga menziesii Douglas -fir 16 16 16 16 28 DF Pseudotsuga menziesii Douglas -fir 36 36 1 29 WRC Thuja plicata western redcedar 16 16 16 16 I 30 WRC Thuja plicata western redcedar 18 18 18 18 31 LOC Gleditsia triacanthos honey locust 12 32 WRC Thuja plicata western redcedar 28 28 28 28 33 OA Fraxinus latifolia Oregon ash 10 1 34 RA Alnus rubs red alder 14 14 14 14 35 H Tsuga canadensis eastern hemlock 12 36 WRC Thuja plicata western redcedar 8 I 37 WRC Thuja plicata western redcedar 8 38 WRC Thuja plicata western redcedar 8 39 SM Acer saccharinum silver maple 16 16 16 16 40 M Acer macrophyllum bigleaf maple 10 I 41 RA Alnus rubra red alder 8 42 RA Alnus rubs red alder 8 43 WRC Thuja plicata western redcedar 14 14 14 14 44 WRC Thuja plicata western redcedar 48 48 1 II 45 WRC Thuja plicata western redcedar 30 30 30 30 46 WRC Thuja plicata western redcedar 8 47 RA Alnus rubra red alder 12 1 . 48 RA Alnus rubra red alder 8 49 RA Alnus rubs red alder 14 14 14 14 50 RA Alnus rubra red alder 10 1 1 924 /97Tiwdb719TreeList Table 1. Tigard Woods tree inventory: detailed listing. I Tree HazTree Non -Haz. Retain Remove No. Species DBH DBH >12 DBH >12 DBH >12 >12 >12 Code! Scientific Name 1 Common Name inches inches # inches inches inches I 51 DF Pseudotsuga menziesii Douglas -fir 20 20 20 20 52 DF Pseudotsuga menziesii Douglas -fir 8 53 RA Alnus rubra red alder 16 16 16 16 I 54 RA Alnus rubra red alder 16 16 16 16 55 M Acer macrophyllum bigleaf maple 18 18 18 18 56 RA Alnus rubra red alder 8 57 RA Alnus rubra red alder 10 I 58 M Acer macrophyllum bigleaf maple 18 18 18 18 59 RA Alnus rubra red alder 16 16 16 16 60 DF Pseudotsuga menziesii Douglas -fir 16 16 16 16 61 C Prunus spp. cherry (domestic) 10 I 62 A Malus apple 12 63 A Malus apple 10 64 C Prunus spp. cherry (domestic) 10 I 65 C Prunus spp. cherry (domestic) 12 66 C Prunus spp. cherry (domestic) 16 16 16 16 67 A Malus apple 10 68 A Malus apple 10 I 69 DF Pseudotsuga menziesii Douglas -fir 12 70 C Prunus spp. cherry (domestic) 10 71 C Prunus spp. cherry (domestic) 10 72 C Prunus spp. cherry (domestic) 16 16 16 16 I 73 DF Pseudotsuga menziesii Douglas -fir 12 74 DF Pseudotsuga menziesii Douglas -fir 12 75 WRC Thuja plicata western redcedar 16 16 16 16 I 76 WRC Thuja plicata western redcedar 10 77 WRC Thuja plicata western redcedar 28 28 28 28 78 DF Pseudotsuga menziesii Douglas -fir 32 32 32 32 79 WRC Thuja plicata western redcedar 16 16 16 16 80 DF Pseudotsuga menziesii Douglas -fir 10 81 DF Pseudotsuga menziesii Douglas -fir 18 18 1 82 DF Pseudotsuga menziesii Douglas -fir 14 14 1 83 DF Pseudotsuga menziesii Douglas -fir 14 14 1 I 84 WRC Thuja plicata western redcedar 16 16 16 16 85 DF Pseudotsuga menziesii Douglas fir 22 22 22 22 86 WRC Thuja plicata western redcedar 16 16 16 16 I 87 WRC Thuja plicata western redcedar 28 28 28 28 88 DF Pseudotsuga menziesii Douglas -fir 16 16 16 16 89 DF Pseudotsuga menziesii Douglas -fir 28 28 28 28 90 DF Pseudotsuga menziesii Douglas -fir 10 I 91 DF Pseudotsuga menziesii Douglas -fir 16 16 16 16 92 M Acer macrophyllum bigleaf maple 10 93 WRC Thuja plicata western redcedar 14 14 14 14 94 DF Pseudotsuga menziesii Douglas -fir 12 I 95 DF Pseudotsuga menziesii Douglas -fir 24 24 1 96 DF Pseudotsuga menziesii Douglas -fir 10 97 DF Pseudotsuga menziesii Douglas -fir 16 16 16 16 I _ 98 WRC Thuja plicata 99 WRC Thuja plicata western redcedar 16 16 1 western redcedar 18 18 18 18 100 DF Pseudotsuga menziesii Douglas -fir 36 36 36 36 101 DF Pseudotsuga menziesii Douglas -fir 36 36 36 36 I 102 DF Pseudotsuga menziesii Douglas -fir 12 103 DF Pseudotsuga menziesii Douglas -fir 20 20 20 20 104 DF Pseudotsuga menziesii Douglas -fir 14 14 1 1 924 /97Tiwdb719TreeList 1 Table 1. Tigard Woods tree inventory: detailed listing. I Tree HazTree Non -Haz. Retain Remove No. Species DBH DBH >12 DBH >12 DBH >12 >12 >12 Code I Scientific Name I Common Name inches inches # inches inches inches I 105 DF Pseudotsuga menziesii Douglas -fir 24 24 1 106 WRC Thuja plicata western redcedar 18 18 18 18 107 DF Pseudotsuga menziesii Douglas -fir 10 I 108 C Prunus emarginata bitter cherry 6 109 C Prunus emarginata bitter cherry 16 16 16 16 110 C Prunus emarginata bitter cherry 18 18 18 18 111 C Prunus emarginata bitter cherry 18 18 18 18 I 112 WRC Thuja plicata western redcedar 28 28 28 28 113 C Prunus emarginata bitter cherry 10 114 DF Pseudotsuga menziesii Douglas -fir 36 36 36 36 115 WRC Thuja plicata western redcedar 40 40 40 40 • I 116 WRC Thuja plicata western redcedar 28 28 28 28 117 WRC Thuja plicata western redcedar 12 118 DF Pseudotsuga menziesii Douglas -fir 30 30 30 30 I 119 WRC Thuja plicata western redcedar 18 18 18 18 120 WRC Thuja plicata western redcedar 12 121 WRC Thuja plicata western redcedar 16 16 16 16 122 WRC Thuja plicata western redcedar 16 16 16 16 I 123 WRC Thuja plicata western redcedar 16 16 16 16 124 DF Pseudotsuga menziesii Douglas fir 28 28 28 28 125 M Acer macrophyllum bigleaf maple 10 126 DF Pseudotsuga menziesii Douglas -fir 28 28 28 28 I 127 WRC Thuja plicata western redcedar 22 22 22 22 128 DF Pseudotsuga menziesii Douglas -fir 28 28 28 28 129 DF Pseudotsuga menziesii Douglas -fir 16 16 16 16 I 130 M Acer macrophyllum bigleaf maple 8 131 DF Pseudotsuga menziesii Douglas fir 16 16 16 16 132 WRC Thuja plicata western redcedar 14 14 14 14 133 C Prunus spp. cherry (domestic) 12 I Total Dia. 2386 1886 1638 776 862 Total # 133 83 10 73 37 36 Percentage Removed / Retained: 51% 49% I Percentage Mitigation to Meet Tigard Code Requirement: 50% Required Mitigation (diameter inches): 431 Required Mitigation (# of 2" dia.trees): 216 1 * Note: Trees listed in bold type are "hazard trees" identified in table 2. This category includes dead, dying, diseased, insect - infested, or hazardous trees. These trees will not require mitigation. I I 1 1 • 1 1 1 1 924 /97Tiwd b719TreeList MI OW N• NM MO MI w MI - M MI M M - - • - • Table 2. Tigard Woods hazard tree assessment. Tree DBH Recommended No. Species in. Discussion: Tree Condition, Causal Agent(s), Remarks PF PI RC Treatment 1 2 3 4 5 6 7 8 9 10 2 DF Pseudotsuga menziesii Douglas -fir 40 Active pitch seam; suspected failure crack. 4 4 8 Remove Severe branch and top dieback. Suspected root rot. Root 28 DF Pseudotsuga menziesii Douglas -fir 36 crown excavation - negative. 4 4 8 Remove Double -stem @12 ft. Stem 1: large spike top/ dieback; branch mortality. Stem 2: Major branch mortality, crown 44 WRC Thuja plicata western redcedar 48 thinning in upper 1/3. 3 4 7 Remove • 80 DF Pseudotsuga menziesii Douglas -fir 10 Dead 4 4 8 Remove Crown Ratio 10 %; wind hazard. Root crown excavation - 81 DF Pseudotsuga menziesii Douglas -fir 18 negative 4 4 8 Remove 82 DF Pseudotsuga menziesii Douglas - fir 14 Crown Ratio 30 %; wind hazard. 4 4 8 Remove Crown Ratio 15 %; wind hazard. Multiple conks, red ring 83 DF Pseudotsuga menziesii Douglas -fir 14 rot. 4 4 8 Remove 94 DF Pseudotsuga menziesii Douglas -fir 12 Dead 4 4 8 Remove _ 95 DF Pseudotsuga menziesii Douglas -fir 24 Crown Ratio 10 %; wind hazard. Suspicious burl. 4 4 8 Remove 96 DF Pseudotsuga menziesii Douglas -fir 10 Crown Ratio 30 %; wind hazard. 4 4 8 Remove 98 WRC Thuja plicata western redcedar 16 Butt rot, undiagnosed fungus. 4 4 8 Remove 104 DF Pseudotsuga menziesii Douglas -fir 14 Crown Ratio <30 %; wind hazard. 4 4 8 Remove Crown Ratio 20 %; wind hazard. Decay at base, 105 DF Pseudotsuga menziesii Douglas -fir 24 undiagnosed fungus. Root crown excavation - negative. 4 4 8 Remove 107 DF Pseudotsuga menziesii Douglas - fir 10 Crown Ratio 10 %; wind hazard. 4 4 8 Remove Column 7: PF - probability of failure. 1 =very low; 2 =low; 3= medium; 4 =high. Column 8: PI- potential for target impact. 1 =no damage; 2 =minor damage; 3= medium damage; 4= extensive damage. Column 9: RC -risk class. Sum of PF and PI. 2 -5 =low; 6= moderate; 7 =high; 8 =very high. Stand top height: 120 ft. Stand age: —75 years Important conditions: 6 blowdown DF. Direction of fall east = >west. Examination of roots of blowdown trees and root crown excavation did not show presence of laminated root rot. More extensive examination should be done during and after site excavation. Native shrubs: Vine maple, dwarf Oregon grape, sword fern. Introduced or noxious species: English ivy, Himalayan blackberry, mountain ash, holly. 9/24/97 Tiwdb719 Table 3. Tigard Woods Mitigation Plan Details Representative Number of Activity Location Species (1) Attributes 2" Trees planting on -site western redcedar screening, full foliage, tolerates wet soils 60 planting on -site pin oak form, fall foliage, tolerates wet soils 40 Subtotal: On -Site Mitigation 100 planting off -site (2) unspecified N/A 112 Total: Mitigation Planting 212 I (1) Representative species are tree species that would typically be used for mitigation planting to meet site objectives. Actual species will be based on availability from the nurseries as well as specific site conditions that exist following construction. (2) Tigard Code permits planting of replacement trees on other property within the City. Alternative: In lieu of tree replacement, the City may be compensated for its cost in performing tree replacement. I I I I 1 1 1 I Construction In & Related Tests Carlson Testing, Inc. Geotechnical Consulting I P.O. Box 23814 May 20, 1997 LS � � aW Tigard, Oregon 97281 D Phone (503) 684 -3460 111 CTI #97 -G1155 JUN - 3 1997 FAX (503) 684 -0954 I Harper Righellis, Inc. 5200 SW Macadam Avenue, Ste. 580 Portland, OR 97201 I Attention: Tony Righellis GEOTECHNICAL RECONNAISSANCE I TIGARD WOODS CITY OF TIGARD, OREGON 1 At your request, CTI geotechnical engineer, Jim Imbrie, visited the above site on May 19th, 1997 to reconnoiter the site for the purpose of addressing the City of Tigard criteria required for obtaining a sensitive lands permit on slopes of 25 percent or greater. I The proposed subdivision creates a total of 8 single - family lots from a small parcel of land which contains an existing home on proposed Lot 2 and the south end of the parcel. Lots 4 through 8 are I forested or overgrown orchard and is gently sloping with the exception of a small incised ravine running through the center of the lots that is approximately 3 to 4 feet deep. It appears that this ravine may have been infilled on Lot 5. I Based on our reconnaissance, it is our opinion that the site slopes are insignificant and that the small ravine can be easily infilled with either structural or landscape fill. No slope setback requirement to I the ravine is considered necessary. The foundation excavations may require deepening through old fill and use of perimeter footing drains, as necessary. Using appropriate grading, erosion control, and building practices, development of the site should not result in any adverse on -site or off -site effects or hazards to life or property. No other geotechnical concerns were noted other than those listed I herein. Our reports pertain to the material inspected only. Information contained herein is not to be I reproduced, except in full, without prior authorization from this office. If there are any further questions regarding this matter, please do not hesitate to contact this office. I Respectfully submitted, CARLS• • , t •. i p£ , INC. ' �, oGINFER ozoy Q' 14743 T- • P- / O ^ I v., 23, A L 7. 6 - 30 - ?9 James •• • , - .E., C.E. G. I Geotechnical Engineer 1 Drainage Analysis The overall drainage basin for the site is bound by the site boundary on the west and south and the center ' of the streets on the east and north. There are no off-site areas that drain into the site. Sheet 6 of the plans shows the contours that support the above description of the overall basin. ' Storm water will be collected along the entire street frontages by new storm lines and catch basins and be routed to the north end of the site in Landau Place. The new storm lines will connect to an existing storm line at this location. The roof and foundation drains of the homes will connect directly to the new storm line in Landau Place by a private back yard drain for lots 1 through 3 and individual service connections for lots ' 4 through 8. No curb weep holes are proposed thus minimizing the flow in curb lines. The entire site currently drains to the north end of the site. The proposed back yards will be the only ' remaining areas that drain off -site onto the lot that bounds the north end of this site, thus there will be a net reduction in surface flows to this home. The entire basin area is approximately 1.75 acres (1.40 acres on -site and 0.35 acres of half -width right-of- way). Using the Rational Method the 25 -year event peak flow rate for the entire basin is 2.98 cubic feet per second. 0 25 = c i25 A A = 1.75 acres c = 0.50 ' i 25 = 3.40 inches per hour (conservatively assuming 5 minute time of concentration) ' 025 = 0.50 x 3.40 x 1.75 = 2.98 cfs The downstream storm pipe is a steep sloped 12 -inch diameter PVC pipe. The peak flow rate can be adequately carried by a 12 -inch diameter pipe at the gentle slope of 0.60% assuming a Manning's ' roughness coefficient of 0.012 (concrete pipe). Assuming a 0.008 coefficient (PVC) the slope can be 0.26 %. The downstream pipes are steeper than these gentle slopes. The parcel size, shape, and features makes the placement of a storm water treatment facility undesirable. ' The applicant proposes to pay the fee in -lieu of constructing the facility. The City of Tigard uses a minimum flow criteria to determine if a swale is classified as a drainageway. That ' minimum is 5.0 cubic feet per second for the 25 -year event. The 25 -year event flow for the entire site is 2.98 cubic feet per second. This swale is not a drainageway. 1 1 1 1 CITY OF TIGARD PRE APPLI CATION CONFER NOTES .ihapn LerCum 1 - . RES . - - -- - - - - -- - - - - - -- - - - - -- - - -- IDENTIAL LATE iS /9 -7 sT,F: w/i DA■DRtA 1 APPLICANT: AGENT: 7 A' / 7 ///5 Phone: ( I 111 Phone: ( I zz i — 1/3/ PROPERTY LOCATION: ADDRESS: r 7 7 5t-✓ C ,47&)d,4 v sr TAX MAP/TAX LOT: 151 t-1000 1 NECESSARY APPLICATION(S): �uBI11r I 1 n 1 - "OPOSAL DESCRIPTION: I 1 p 5o5z)w 1S 1n Ni ■ COMPREHENSIVE I PLAN DESIGNATION: w I ZONING DESIGNATION: X- ' 5� CITIZEN INVOLVEMENT EA-5T FACILITATOR: 1 TEAM AREA PHONE (5031 II�NING DISTRICT DIMENSIONAL REQUIREMENTS) Minimum lot size:)sq. ft. Average lot width: 50 ft. Maximum building height: 30 ft. 1 Setbackfi Front ?o ft. Side 5 ft. Rear / 5 - ft. Corner /6 ft. from street. Maximum site coverage: /t/ % Minimum landscaped or natural vegetation area: ,4 (Refer to Code Section 18. 50 I I DMONAL LOT DIMENSIONAL REQUIREME - Minimum of rontage: 25 feet, unless lot is created through the Minor Land Partition process. Lots createc ' as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15 -foot wide access easement. 1 The depth of all lots shall not exceed 21/2 times the average width, unless the parcel is less than 1 timee the minimum lot size of the applicable zoning district. (Refer to Code Section 18.164.060 Lots) 1 CITY OF TIGARD Pte- Appllcatlan Caateremx Notes Page toile Isslssstal 1n11utlsU►1ntl.1 BMWs' Ssctls■ SPECIAL SETBACKS Streets: feet from the centerline of Established areas: feet from Lower intensity zones: feet, along the site's boundary. I % Flag lot: Ten (10) -foot side yard setback. Zero lot line lots: minimum ten (101 -foot separation between buildings. . r Multi- family residential building separation: I [Refer to Code Section 18.96.0301 Accessory structures up to 528 square feet in size may be permitted on lots le s than 2.5 acres in size. I Five (5) -foot minimum setback from side and rear lot lines. Accessory structure up to 1000 square feet on parcels of at least 2.5 acres in size. I [See applicable zoning district setbacks for primary structures) (TUBDIVISION PLAT NAME RESERVATIO ) Prior to submitting a Subdivision land use application with the City of Tigard, applicant's are required tc I complete and file a subdivision plat naming request with the Washington County Surveyor's Office in orde to obtain approvaUreservation for any subdivision name. Applications will not be accepted as complet€ _until the City receives the faxed confirmation of approval from the County of the Subdivision Nam I Reservation. [County Surveyors Office: 648 -88841 I FLAG LOT BUILDING HEl PROVISIONS Maximum heig f 1 stories or 25 feet, whichever is less in most zones; 2% stones, or 35 feet in R -7 R -12, R -25 or R-4 ones provided that the standards of Code Section 18.98.030[B1 are met. I DENTIAL DENSITY CALCULATION [See example below The Net Residential Units allowed on a particular site may be calculated by dividing the pet area of the I developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s` from the gross site area: I 1. All sensitive lands areas including: a. Land within the 100 year floodplain; I b. Slopes exceeding 25 %; and c. Drainageways. 2. Public right -of -way dedication. I a. Single- family allocate 20% of gross acres for public facilities; and b. Multi- family allocate 15% of gross acres for public facilities. [Refer to Code Section 18.921 [ EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R -12 ZONE (3,050 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSITIVE LANDS Single - family _ Multi-Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area I 8.712 so. ft (20 %) for public right -of -way • 6.534 sa. ft. (15 %) for 'public right -of -way NIT: 3 4,848 square feet NET: 37,026 square feet 3.050 (minimum lot area - 3.050 (minimum lot area I = 11.4 Units Per Acre = 12.1 Units Per Acre I * The Deretspment Cods mutts mat Ms set stta use elds1 ter the oat Mule Osman nett NO SOONOINC OP IS P®MfTT1:D. CITY OF TIGARD Pre- daplication Csnlareoca Notes Page 2 of 11 Iullianal UslIcansUPlasslaI Miles Senn cBL0CK The perimeter of blocks formed by streets shall not exceed 1.800 feet measured along the right -of -way lin. except where street location is precluded by natural topography, wetlands or other bodies of water or, pre existing development. I When block lengths greater than 600 feet are permitted, pedestrian /bikeways shall be provided through thi block. (Refer to Code Section 18.164.040) RESIDENTIAL DENS T TRANSFER The City of Ti rd allows a Residential Density Transfer of up to 25% of the units that could otherwise have been develope on sensitive lands areas listed in the density calculations that may be applied to the developable porti°p of the site. [Refer to Code S ction 18.92.03W. It is the responsibility \f the applicant for a residential development application to provide a detailec I calculation for both the permitted residential density and the requested density transfer. RESIDENTIAL DEN 't TRANSITION I Regardless • the allowed housing density in a zoning district, any property within 100 feet of a designates established ar- . shall not be developed at a density greater than 125 percent of the maximurr Comprehensive - - n designation (not zoning) of the adjacent parcel. Transition area applies to any property which is - designated established area. The subject property is designated as an rea. The subject property is adjoined by established /developing /areas to the north, south, east and west. I ,URE STREET PLAN AND EXTENSION OF STRE 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. I b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. I 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. [Refer to Code Section 18.164.030) (RESIDENTIAL DEVELOPMENT SOLAR ACCESS REQUIREMENTS All subdivisions and minor partitions are subject to solar access requirements. These requirements state I that a minimum of 80% of all lots created must be oriented for solar accessibility. The basic standard, which determines solar accessibility, requires that 80% of total number of proposed lots: 1. Demonstrate a north -south dimension of at least 90 feet. 2. Demonstrate a front lot line orientation within 30 degrees of a true east -west axis. I CITY OFTIGARD Pre -A 1pllcatlea Conference Notes Page 3 of 10 Iuiaaana1IaillcatleaRlaaalal MUM UM' 0 I The total or partial exemption of a site from the solar access requirement may be approved for the followir I - reasons: 1. East, west or north slopes steeper than 20 %. I 2. Off -site shade sources (structures, vegetation, topography). 3. On -site shade sources (vegetation). I 4- Adjustments allowing a reduction of the 80% solar lot design requirement may be made for the followir �� reasons: I 1. Reduced density or an increased cost of at least five percent due to either: a. East, west or north slope greater than 10 %. b. Significant natural feature. I mac. Existing road or lotting pattern. d. Public easement or right -of -way. 2. Reduction in important development amenities. 1 3. Pre - existing shade (vegetation). I PLEASE NOTE Maps and text are required which are sufficient to show that the development complies with the soli design standards, or that specific lots should be exempted or adjusted out. The following items shall h included in the analysis: 1. The north -south lot dimension and front lot line orientation of each proposed lot. I 2. Protected solar building lines and relevant building site restrictions, if applicable. 3. For the purpose of identifying trees related to exemption requests, a map showing existing tree I which are at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade shall b submitted. This map shall include the following: a. Height. I b. Diameter. c. Species. d. A statement declaring that they are to be retained. 1 4. Copies of all private restrictions relating to solar access. The design characteristics of a developed solar- oriented lot are high levels of wintertime sun striking th, I south walls and roofs of the house, house orientation maximizing south window area, and a south- slopin, roof area. To achieve this, one may utilize the following: 1. Protected Solar Building Line - The solar building line must: I a. Be oriented to within 30 degrees of a true east -west axis. b. Provide a minimum distance of 70 feet from the middle of the lot to the south property line. I c. Provide a minimum distance of 45 feet from the northernmost buildable boundary of the subject lot to the north property line. I 2. Performance Options - There are two performance options which may be utilized as follows: a. The house to be oriented within 30 degrees of an east -west axis and have at least 80% c the ground floor's south wall protected from shade. I b. At least 32% of the glass and 500 square feet of the roof area face south and be protectec from shade. • CITY OF T16ARD Pro -.A uUcstlnn Conference MISS Page 4 of 111 Ist11estlfl I1IIIntlaU ►InUe11MUn Saetlse 1 I PLEASE NOTE: Regardless of the option's) used through the design of the Subdivision or Minor Land Partition, all on and two family, single - family residences are reviewed through the building permit process It ' compliance with Solar Balance Point standards. Please contact the Building Division for furtihe information regarding the Solar Balance Point standards and the options that are available related I building height and construction. I (PARKING AND ACCESSt All parking areas and driveways must be paved. Single family: Requires 2 off - street parking spaces per dwelling unit. ' > Multiple family: Requires 1.5 parking spaces per unit for 1 bedroom. (Multi family - requires 2 parking spaces per unit for 1+ bedrooms.) Multi- family dwe ' g units with more than 10 required spaces shall provide parking for the use of guest: and shall consist of % of the total required parking. (Refer to Code Se 18.106.0301 ' • .• . r- I. , 41°. of required spaces may be designated and /or dimensioned as compact spaces. Parking stalls s - II be dimensioned as follows: Standard • - rking space dimensions: 8 ft 8 inches X 18 ft Compact parking space dimensions: 8 ft. X 15 ft. Handicappedarking: All parking areas shall provide appropriately located and dimensiones disabled person rking spaces. The minimum number of disabled person parking spaces to bE provided, as well as he parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A hando is available upon request. A handicapped parking space symbol shall Ix painted on the parking space surface and an appropriate sign shall be posted. BICYCL R A KS Bicyc racks are required for multi - family, commercial and industrial developments. Bicycle racks shall be - located areas protected from automobile traffic and in convenient locations. Bicycle parking spaces shat be provide on the basis of one space for every fifteen (15) required vehicular parking spaces. i 1J12∎v E w , `\y Minimum number of accesses: Minimum access width: /S 1 Maximum access width: Minimum pavement width: /c REQUIRED W Y LOCATION ' Within all a ched housing (except two- family dwellings) and multi- family developments, each residentia dwelling shall connected by walkway to the vehicular parking area, common open space and recreatior facilities. I /011 VISION AREA The i requires that clear vision areas be maintained between three and eight feet in height a road /driveway, road /railroad, and road /road intersections. The size of the required clear vision arez depends upon the abutting street's functional classification. (Refer to Code Section 18.102) I CITY OF T16ARD Pre- Aapllcatlea Conference Metes Page 5 of ■.•1•••f1•I •..11..1/.. /M...1.. •M.1.. ft..N.. p 10 I BUFFERING AND SCREENING I In order to inc ese privacy and to either reduce or eliminate adverse noise or visual impacts betwee adjacent developments. especially between different land uses, the City requires landscaped buffer area along certain site peKimeters. Required buffer areas are described by the Code in terms of width. Buffe I areas must be occuprd by a mixture of deciduous and evergreen trees and shrubs and must also achiev a balance between v ical and horizontal plantings. Site obscuring screens or fences may also b required; these are often dvisable even if not required by the Code. The required buffer areas may oni I be occupied by vegetation, fences, utilities. and walkways. Additional information on required buffer are materials and sizes may be and in the Community Development Code. (Refer to Code Chapter 18.10 The required q buffer widths whlc are applicable to your proposal area are as follows: ft. along north bo dary. ft along east boundary. ft along south boun ary. ft along west boundary. In addition, sight obscuring screening is required along CSTREET TREE Street trees are required for all developments fronting on a public or private street as well as driveway! which are more than 100 feet in length. Street trees must be placed either within the public right -of -way o on private property within six feet of the right -of -way boundary. Street trees must have a minimum calipe of at least two inches when measured four feet above grade. Street trees should be spaced 20 to 40 fee apart depending on the branching width of the proposed tree species at maturity. Further information or regulations affecting street trees may be obtained from the Planning Division. A minimum of one tree or every seven parking p g spaces must be planted in and around all parking areas it order to provide a vege tive canopy effect. Landscaped parking areas shall include special desigr I features which effectively s men the parking lot areas from view. These design features may include the use of landscaped berms, corative walls, and raised planters. For detailed information on desigr requirements for parking areas nd accesses. I (Refer to Code Chapters 18.10168.106 and 18.108) 1EE REMOVAL PLAN REQUIREMENT A tree pan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use ie filed. Protection is preferred over removal where possible. ' The tree plan shall include the following: > Identification of the location, size and species of all existing trees including trees designated as significant by the city; > Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according to the following standards: Retainage of less than 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; I Retainage of from 25 to 50 percent of existing trees over 12 inches in caliper requires that two - thirds of the trees to be removed be mitigated according to Section 18.150.070.D; / CM' of TIGAAD Pr,-Aooftctnsn Conference Notes Page 6 of 10 �.eW rt1N /ulleftl.■/M...i ■...w.i.. e 1 Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that percent of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; Identification of all trees which are proposed to be removed; and A protection program defining standards and methods that will be used by the applicant t 1 protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above w be inventoried as part of the tree plan above and will be replaced according to Sectio ' 18.150.070.D. [Refer to Code Section 18.150.0251 I MITIGATION Replacement of a tree shall take place according to the following guidelines: A replacement tree shall be a substantially similar species considering site characteristics. i If a replacement tree of the species of the tree removed or damages is not reasonabl available, the Director may allow replacement with a different species of equivalent natur ' resource value. If a replacement tree of the size cut is not reasonably available on the local market or woulk not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated calipe size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property the Director may require one (1) or more replacement trees to be planted on other propert' ' within the city, either public property or, with the consent of the owner, private, property. The planting of a replacement tree shall take place in a manner reasonably calculated to allov+ ' growth to maturity. In lieu of tree replacement under Subsection D of this section, a party may, with the consent of the 1 Director, elect to compensate the City for its costs in performing such tree replacement. [Refer to Code Section 18.150.070 (01 l SIGN n permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sigr Pe • " handout is available upon request. Additional sign area or height beyond Code standards may Ix permitte if the sign proposal is reviewed as part of a development review application. Alternatively, a Sigr Code Exce tion application may be filed for review before the Hearings Officer. I SENSITIVE LANDS The Code provides regulations for lands which are potentially unsuitable for development due to areas within the 100 -year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or ' on unstable ground. Staff will attempt to preliminarily identify sensitive lands areas at the pre - applicatior conference based on available information. HOWEVER, the responsibility to precisely identify sensitive lands areas. and their boundaries. is the responsibility of the applicant, Areas meeting the definitions of 1 sensitive lands must be clearly indicated on plans submitted with the development application. [Refer to Code Chapter 18.841 • CITY Of TI9ARD Pre - Application Conference Notes . -- -- ..... -- - - -- Pane 1 of 10 • I Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands area Residential development is prohibited within floodplains, STEEP SLOPES I When steep slopes exist, prior to issuance of a final order, a geotechnical report must be submitted whic addresses the approval standards of the Tigard Community Development Code Section 18.84.040.8. Tt report shall be based upon field exploration and investigation and shall include specific achieving the requirements of 18.84.040.B.2 and 18.84.040.B.3. Pecfic recommendatior 1 UNIFIED SEWERAGE AGENCY NSA] BUFFER STANDARDS, R 8 0 96-44 Purpose: I Land development adjacent to sensitive areas shall preserve and maintain or create a vegetate corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. I Design Criteria: The vegetated corridor shall be a minimum of 25 feet wide, measured horizontally, from the define boundaries of the sensitive area, except where approval has been granted by the Agency or City t I reduce the width of a portion of the corridor. If approval is granted by the Agency or City to reduc the width of a portion of the vegetated corridor, then the surface water in this area shall be directe . to an area of the vegetated corridor that is a minimum of 25 feet wide. The maximum allowabi I encroachment shall be 15 feet, except as allowed Section 3.11.4. No more than 25 percent c the length of the vegetated corridor within the development or project site can be less than 25 feet i, I width. In any case, the average width of the vegetated corridor shall be a minimum of 25 feet. Restrictions in the Vegetate Corridor: I No structures, development, construction activities, gardens, lawns, application of chemicals dumping of any materials of any kind, or other activities shall be permitted which otherwise detrac from the water quality protection provided by the vegetated corridor, except as allowed below: I > A gravel walkway or bike path, not exceeding 8 feet in width. If the walkway paved, then the vegetated corridor must be widened by the width to the path. A paved or grave I walkway or bike path may not be constructed closer than 10 feet from the boundary of the sensitive area, unless approved by the Agency or City. Walkways and bike paths shall be constructed so as to minimize disturbance to existing vegetation; and I > Water quality facilities may encroach into the vegetated g corridor a maximum of 10 feet with the approval of the Agency or City. I Location of Vegetated Corridor: In any residential development which creates multiple parcels or lots intended for separate I ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. (Refer to R a 0 96- 44/USA Regulations - Chapter 3, Design for SWMI 'NABRATlVE The applicant shall submit a narrative which provides findings for all applicable approval standards. Failure I to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. Applicant should review code for applicable criteria. I - RY IF TIMID hr• #MUstlon Confirms Situ 11 .w,.nai v.aaa..unaui.a uMMal. s.eaa. hoe 1 a 11 I CODE SECTIONS 18.80 ✓ 18.92 (18.100 .-18.108 18.120 /18.150 I 18.84 _ 18.96 /' 18.102 — 18.114 18.130 � 18.160 .- 18.88 _ 18.98 / 18.106 _ 18.116 18.134 18.162 I /18.164 I MPACT STUDY As a part of the application submittal requirements, applicants are required to include impact study witt their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the I drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvement pecessary to meet City standards, and to minimize the impact of the development on the public at large I public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specificall concur with the dedication requirement, or provide evidence which supports the conclusion that the rea I property dedication requirement is not roughly proportional to the projected impacts of the development. [Refer to Code Chapter 18.32 Section .0501 I When a condition of approval requires transfer to the public of an interest in real property, the approva authority shall adopt findings which support the conclusion that the interest in real property to be transferrev is roughly proportional to the impact the proposed development will have on the public. [Reter to Code Chapter 18.32 Section .2501 EIGNB0 HOOD MEE[1N1 ' The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please I review the Land Use Notification handout concerning site posting and the meeting notice. [Refer to the Neighborhood Meeting Handout] UIIDINS PEnMu ' Plans for building and other related permits will not be accepted for review until a land use approval h inspection approvals pp ag been issued. Final ins P pprovals by the Building Division will not be granted until there ig I compliance with all conditions of development approval. RECYCUN I Applica should contact franchise hauler for review and approval of site servicing compatibility with Pride Dispo I's vehicles. CONTACT P ON: Lenny Hing with Pride Disposal at (503) 625 -6177. I Meter to Cod action 18.1161 ADDR10NAL CONCERNS OR COMMENTS: 111 0) D a 1 F SWA [-E C/-4 5,5; 45 it.5 ,e/ D,e,=r /A.),-/ -6-E t,a4 /= So . 55 /77 v,_ /.,4AJZ),S R i. el.,/ w /// A� To � U /mo ,,= j'b:�os�.n./Cr I t'-i i / D/jA /A/".04 14/,-5t 7't "7-.7•5<//z&-Z:1 f ..'a < f. 7) 4,,,, tf 0_�1' 1 / • 4 G✓t? - / AA il) nE / /,Avt .✓ 5, •/ av �� .e,>z t.r,�a J 1 . ITV OF 1MMO Pre- AsOOann Cwhraacs Mato Pays 9 u 10 eillutlalLdlatl.UPUWaeMUMS.cnn I PROCEDURE : Administrative Staff Review. 1,-- hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Developmer Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or droppe( off at the counter without Planning Division acceptance may be returned. Applications will NOT br accepted after 3:00 P.M. on Fridays or 4:30 on other week days, Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1) $W' x 11" map of a proposed project should be submitted for attachment to the staff report o administrative decision. Application with unfolded maps shall not be accepted, The Planning Division and Engineering Division will perform a preliminary review of the application and wi' determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. ' The administrative decision or public hearing will typically occur approximately 45 to 60 days after IY y fter ar application is accepted as being complete by the Planning Division. Applications involving difficult o I protracted issues or requiring review by other jurisdictions may take additional time to review. Writter recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10, to 2C day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard Cry c -.' ( A basic flow chart which illustrates the review process is available from the Planning Division upon request. I This pre - application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potentia development of a particular site and to allow the City staff and prospective applicant to discuss the I opportunities and constraints affecting development of the site. PLEASE NOTE The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. I Additional pre - application conference(s) is /are required if an application(s) is /are to be submitted more than six (6) months following this pre - application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: tt, // T 4NI)R6fl CITY OFTIGARD PLANNING DIVISION PHONE (5031639 -4171 I hilogin�panykareaCDr mst FAX (5031684 -1291 (Enflmeenng secaon. Dream) eng) 26- Mar -97 I CITY OFT16A80 Pr♦#aiiatle. Caster..c. Maas Pa0e 11 et 11 rwaa.tlal Iaaaaatlea/Hauw Daisies % cnsu 1 151 - ' 4,. .4„, ii, I I City of Tigard, Oregt PRE - APPLICATION CONFERENCE NOTES ENGINEERING SECTION 1 PUBLIC FACILITIES The purpose of the pre - application conference is to: I 1. Identify applicable Comprehensive Plan policies ) fY PP P p es and ordinance provisions. I (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who tt final decision making authority shall be for the application. 1 The extent of necessary public improvements and dedications which shall be required of the applica will be recommended by City staff and subject to approval by the appropriate authority. There will t I no final recommendation to the decision making authority on behalf of the City staff until all concemE commenting agencies, City staff and the public have had an opportunity to review and comment c the application. The following comments are a projection of public improvement related requiremen I that may be required as a condition of development approval for your proposed project. Right -of -way dedication: I The City of Tigard requires that land area be dedicated to the q public: (1.) To increase abutting public rights -of -way to the ultimate functional street classification right -c I way width as specified by the Community Development Code; or (2.) For the creation of new streets. I Approval of a development application for this site will require right -of -way dedication for: '� .� Ri►.i p lit> Q h.rr - 2a 1 1 (vr ems./ f tg F a ca-b 2cz-,- -1 k ftw c , feeFffentner ( ) to feet from centerline. 1 ( ) to feet from centerline. I Street improvements: 1 (Z (✓f street improvements will be necessary along k--P.---o,*..J 1). (v)' street improvements will be necessary along 51 1.,coNJ c.rz� --c 1 (✓r Street improvements on (-- "- .►aftu F&ALE- shall include 1 7 feet of pavement fro centerline, plus the installation of curb and gutters, storm sewers, underground placement I utility wires (a fee may be collected if determined appropriate by the Engineering Department a five -foot wide sidewalk (sidewalks may be required to be wider on arterials or major collect( 1 CITY OF TIGARD Pre - Application Conference Notes Page 1 o• tnpmeamp Oapa,tment Section I streets, or in the Central Business District), necessary street signs and traffic control devicE streetlights, and a two year streetlighting fee. ({ Street improvements on o..) ."' shall include I 7 feet of pavement frc centerline, plus the installation of curb and gutters, storm sewers, underground placement I utility wires (a fee may be collected if determined appropriate by the Engineering Departmen a five -foot wide sidewalk (sidewalks may be required to be wider on arterials or major collect streets, or in the Central Business District), necessary street signs and traffic control device I streetlights, and a two year streetlighting fee. ( ) Section 18.164.120 of the TMC requires all overhead utility lines -ad' cent to a development I to be placed underground o 1 , at the election of the developer; a fee ih -lieu of undergroundin can be paid. This'requirem nt Is valid even if the utility Jines are on/the opposite side of the I street from the site. If the fee in -lieu is proposed, it is - equal to $ 27.50 per lineal foot of stre€ I frontage t a� contains the o erhead lines. Ther are existing overhead ility lines w • fi run adjacent to this ite alo g SW . Prior to , the applicant s either P lace these utilities underground, or pay the fee in -lieu described above. I I In some cases here street improvements or oth r-n ssary public improvements are not current practical, t impr vements may be deferred-in such ases, a condition of development approv may be ecified hich requires the property owner(s) to execute a non - remonstrance agreeme which aives the roperty owner's rigb to remonstrate gainst the formation of a -focal improvemet 1 distric . The following street improvements may be eligi le for such an agreem: ( ) —7 I ( Pedestrian ays/bi ways: _ 1 / ---. 1 I Sanitary Sewers: The nearest sanitary sewer line to this is a(n) 8 I s property inch line which is located i t "' r° " ip "' rL . The proposed development must be connected to public sanitary sewer. It is the developer's responsibility to c -r .I 1 i-sr -r.o 'T.. .- I AL 56-- 6 . P � - a AQ t��r r- u►- Qevc9 -csf 14.44.-a -s_ — — Pte.n, ... A ,s f t,AP - sue- - Jr t im.tea . I . I CITY OF TIGARD Pre-Application Conference Notes Page 2 of Engineering Deportment Section Water Supply: The uM ,..I ' € W ater District - Phone: 503 2 5- 3 31 � Phone:( 503) provides public water service the area of this site. The District should be contacted for information regarding water supply for yc proposed development. t Fire Protection: Tualatin Valley Fire and Rescue District (Contact: ( t Gene Birchill, (503) 526 -2469) provides f protection services within the City of Tigard. The District should be contacted for informatit regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related fire protection. I Storm Sewer Improvements: 1 All proposed development within the City shall be designed such that storm water runoff is convey( Y to an approved public drainage system. The applicant will be required to submit a proposed stor drainage plan for the site, and may be required to prepare a subbasin drainage analysis to ensure th the proposed system will accommodate runoff from upstream properties when fully developed. downstream analysis will also likely be necessary to determine if runoff from the propos€ development will cause adverse impacts to the existing storm system downstream of the site. teE (S A I L. STaP...1 t.-■ , l.4 ( - A - 11>N.) . • • FP-Jct./Me P. A4 SA,S ‘.1 I Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that Ci maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenanc access roadways may be required if existing or proposed facilities are not otherwise readi accessible. • I I 1 "TORM WATER QUALITY The City has agreed to enforce Surface Water Management (SWM) regulations established by th Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91 -75) whic requires the construction of on -site water quality facilities. The facilities shall be designed to remov I CITY OF TIGARD Pre-Application Conference Notes Page 3 0! Engm. rmg DeosnmentSecoon 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated frc newly created impervious surfaces. The resolution contains a provision that would allow an applia to pay a fee in -lieu of constructing an on -site facility provided specific criteria are met. The City use discretion in determining whether or not the fee in -lieu will be offered. If the fee is allowed, it 1, be based upon the amount of new impervious surfaces created; for every 2,640 square feet, portion thereof, the fee shall be $180.00. Preliminary sizing calculations for any proposed wa , quality facility shall be submitted with the development application. It is anticipated that this project require: i on - - '• • - on - - • - a - . ility. (yr Payment of the fee in -lieu. TRAFFIC IMPACT FEES 1 In 1990, Washington County adopted a county -wide Traffic Impact Fee (TIF) ordinance. The Traf Impact Fee program collects fees from new development based on the development's project( impact upon the City's transportation system. The applicant shall be required to pay a fee based up( 1 the number of trips which are projected to result from the proposed development. The calculation the TIF is based on the proposed use of the land, the size of the project, and a general use based fc category. The TIF shall be calculated at the time of building permit issuance. In limit( 1 circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupan( permit. Deferral of the payment until occupancy is permissible only when the TIF is greater thz $5,000.00. PERMITS Engineering Department Permits: Any work within a public right -of -way in the City of Tigard requires a permit from the Engineerir Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers. relatively minor work in a public right -of -wz or easement, such as sidewalk and driveway installation or repair, and service connections main utility lines. This work may involve open trench work within the street. The permitte must submit a plan of the proposed work for review and approval. The cost of this type permit is calculated as 4% of the cost of the work and is payable prior to issuance of the perm In addition, the permittee will be required to post a bond or similar financial security for th work. Compliance .. P ance Agreement (CAP). This permit covers more extensive work such as main utllr. line extensions, street improvements, etc. In subdivisions, this type of permit also covers grading and private utility work. Plans prepared by a registered professional engineer must t submitted for review and approval. The cost of this permit is also calculated as 4% of the co: of the improvements, based on the design engineer's estimate, and is payable prior t issuance of the approved . plan. The permittee will also be required to post a performanc bond, or other such suitable security, and execute a Developer /Engineer Agreement which w obligate the design engineer to perform the primary inspection of the public improvemer construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s the work shall be deemed complete and satisfactory by the City in writing. The permittee responsible for the work until such time written City acceptance of the work is posted. I CITY OF TIGARD Pre - Application Conference Notes Page 4 of Engineering Deoertment Section NOTE: If an Engineering Permit is required, the applicant must obtain that permit prior release of any permits from -the Building Department. Building Department Permits: The following is a brief overview of the type of permits issued by the Building Department. For a mop detailed explanation of these permits, contact the Development Services Counter at 639-4171, e> 304. Site Improvement p ement Permit (SIT). This permit is generally issued for all new commerclE industrial and multi - family projects. This permit will also be required for land partitions where I' grading and private utility work is required. This permit covers all on -site preparation, gradir and utility work. Home builders will also be required to obtain a SIT permit for grading work cases where the lot they are working on has slopes in excess of 20% and foundatie excavation material is not to be hauled from the site. , • Building Permit (BUP). This permit covers only the construction of the building and is issue after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and.multi- family buildings. It covers a work necessary for building construction, including sub - trades (excludes grading, etc.). Thi permit can not be issued in a subdivision until the public improvements are substantial) complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbin; that may also be required. Contact the Development Services Counter for more information. I GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20 %, a: well as lots that have natural slopes in excess of 20%. This information will be necessary it determining if special grading inspections will be required when the lots develop. The design enginee will also be required to shade all structural fill areas on the construction plans. In addition, eacl homebuilder will be required to submit a specific site and floor plan for each lot. The site plan sha: include topographical contours and indicate the elevations of the corners of the lot. The builder sha' also indicate the proposed elevations at the four corners of the building. PREPARED BY: 41-(0N-7 ENGINEERING EPARTMENT Phone: (503) 639 -4171 Fax: (503) 684 -7297 h:Uogin pattytpreapp.eng aster section: preapp- r.mst) :ember 23, 1996 I CITY OF TIGARD Pre-Application Conference Notes Page 5 of Engmenmg Deputment Seaton I CITY OF TIGARD Ak _ COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION T CHECKLI ���n CHECKLIST OF TIGARD I I The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. I See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639 -4171. ,I t Staff: l / /D`IA.,3 , Date: 1-1 -3 �l ((APPLICATION 3, RELATED DOCUMENTS) SUBMITTAL REQUIREMENTS INCLUDE V MARKED ITEMS I A) Application form (1 copy) t3' B) Owner's signature/written authorization e_ I C) Title transfer instrument/or grant deed D) Applicant's statement No. of Copies Z9 E) Filing Fee $ Z, / ?4 -} /Q/ /or I 1 1 SITE - SPECIFIC MAP(S) /PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE V MARKED ITEMS l I A) Site Information showing: No. of Copies 2/-1 I 1. Vicinity map er 2. Site size & dimensions Cr. 3. Contour lines (2 ft at 0 -10% or 5 ft for grades > 10 %) (� I 4. Drainage patterns, courses, and ponds ka' 5. Locations of natural hazard areas including: 0 (a) Floodplain areas [] 11 (b) Slopes in excess of 25% 0 (c) Unstable ground o (d) Areas with high seasonal water table o I (e) Areas with severe soil erosion potential a (f) Areas having severely weak foundation soils a 6. Location of resource areas as shown on the Comprehensive I Map Inventory including: a (a) Wildlife habitats o (b) Wetlands o 7. Other site features: (a) Rock outcroppings 0 I (b) Trees with 6" caliper measured 4 feet from ground level 8. Location of existing structures and their uses ta' 9. Location and type of on and off -site noise sources 0 I 10. Location of existing utilities and easements 11. Location of existing dedicated right-of-ways e' I L .o LSE APouC+TlON ♦ LIST B) Site ` m veto p ent Plan Indicating: No. or Copies 1. The proposed site and surrounding properties 0 2 Co tour line intervals 3. The ocation, dimensions and names of all: I (a) Existing & platted streets & other public ways and asements on the site and on adjoining properties 0 I (b) P' posed streets or other public ways & easements on the site a (c) Alt native routes of dead end or proposed streets that quire future extension 0 4 T he locatio and dimension of: (a) Entran` s and exits on the site a • (b) Parking nd circulation areas o ` (c) Loading nd services area a I (d) Pedestria and bicycle circulation (e) Outdoor c mmon areas a a (f) Above grow d utilities 0 5. The location, dim sions & setback distances of all: (a) Existing perm nent structures, improvements, utilities, and easements whi h are located on the site and on adjacent I property within 5 feet of the site a (b) Proposed structu es, improvements, utilities and easements on the site a I 6. Storm drainage facilities nd analysis of downstream conditions 0 7. Sanitary sewer facilities o 8. The location areas to be la dscaped 0 I 9. The location and type of o door lighting considering crime prevention techniques 0 10. The location of mailboxes 0 Il 1. The location of all structures a d their orientation 0 12. Existing or proposed sewer reim ursement agreements o C) Grading Plan Indicating: No. of Copies ZLI II The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: I 1. The location and extent o to which grading will take place indicating: I (a) General contour lines t (b) Slope ratios 0 (c) Soil stabilization proposal(s) 0 I (d) Approximate time of year for the proposed site development 0--- 2. A statement from a registered engineer supported by data factual substantiating: I (a) Subsurface exploration and geotechnical engineering report a (b) The validity of sanitary sewer and storm drainage service proposals Cr (c) That all problems will be mitigated and how they will be mitigated a 1 i LAND USE APPIIC1TION / UST 1 D) Architectural brawings Indicating: No. of Copies - The site develop ent plan proposal shall include: 1 . 1. Floor plans in ating the square footage of all structures proposed for use q -site 1 2. Typical elevation drawings of each structure II E) Landscape Plan Indicating: No. of Co ?.._ The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: I 1. Description of the irrigation system where applicable PP ❑ 2. Location and height of fences, buffers and screenings 2—' I 3. Location of terraces, decks, shelters, play areas, and common open spaces c 4. Location, type, size and species of existing and proposed plant materials E' 5. Landscape narrative which also addresses: t (a) Soil conditions ❑ (b) Erosion control measures that will be used ❑ I F) Sign Drawings: - ❑ Sign drawings shall be submitted in accordance with Chapter 18.114 I of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. I C) Traffic Generation Estimate: ' H) Preliminary Partition /Lot Line Adjustment Map Indicating: No. of Copies I 1. The own r of the subject parcel ❑ 2. The own 's authorized agent - ❑ 3. - The map s ale (20,50,100 or 200 feet-1) inch north arrow and date o I 4. Description f parcel location and boundaries ❑ 5. Location, wi h and names of streets, easements and other public ways within a d adjacent to the parcel ❑ ' 6. Location of all ermanent buildings on and within 25 feet of all property lines ,, 7. Location and wi h of all water courses ❑ 1 8. Location of any tr s within 6" or greater caliper at 4 feet above ground level ❑ I 9. All slopes greater th n 25% ❑ 10. Location of existing u ilities and utility easements ❑ 11. For major land partitio which creates a public street: I (a) The proposed rig t-of -way location and width ❑ (b) A scaled cross -se "on of the proposed street plus any reserve strip ❑ 12. Any applicable deed rest fictions ❑ 13. Evidence that land partitio will not preclude efficient future land III division where applicable ❑ LAND LSE AP ° L:CATION• LIST PAc' I I) Subdivision Preliminary Plat Map and Data Indicating: No. of Copies ZL-} 1. Scale equaling 30,50,100 or 2 feet to the inch and limited to .one I phase per s T h e proposed name of the subdivision e' 3. Vicinity map showing property's relationship to arterial and I collector streets e- 4. Names, addresses and telephone numbers of the owner, developer, I engineer, surveyer and designer (as applicable) e' 5. Date of application t" 6. Boundary lines of tract to be subdivided Q- I 7. Names of adjacent subdivision or names of recorded owners of adjoining parcels of un- subdivided land 8. Contour lines related to a City- established benchmark at 2 -foot intervals I for 0-10% grades greater than 10% 9. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision): I (a) Public and private right -of -ways and easements e - (b) Public and private sanitary and storm sewer lines (c) Domestic water mains including fire hydrants o� I (d) Major power telephone transmission lines (50,000 volts or greater) a (e) Watercourses Q / (f) Deed reservations for parks, open spaces, pathways and other I land encumbrances 10. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans tr 11. Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants 12. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision e' 13. Scaled cross sections of proposed street right -of- way(s) E✓' 14. The location of all areas subject to inundation or storm water overflow Ef' 15. Location, width & direction of flow of all water courses & drainage -ways tam I 16. The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots. Cr 17. The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings ram' 18. The existing uses of the property, including the location of all structures I and the present uses of the structures, and a statement of which structures are to remain after platting 19. Supplemental information including: _ I (a) Proposed deed restrictions (if any) (b) Proof of property ownership (c) A proposed plan for provision of subdivision improvements E' I 20. Existing natural features including rock outcroppings, wetlands & marsh areas 21. If any of the foregoing information cannot practicably be shown on the I preliminary plat, it shall be incorporated into a. narrative and submitted with the application 1 LANO LSE AP ° LICATIQN I LIST 0 '4r7 . , - ,F , 1 J) Solar Access Calculations: K) Other Information No. of Copies c • I I I I I 1 I h:`logm\panv mucersUrlchsc.:nst ' may 23. 1995 ND LSE .APPLICATION./ LIST Neighborhood Meeting Information A neighborhood meeting was held at Metzger Elementary School on the evening of October 1, 1997. The notable comments from the attending citizens are as follows. ' • What will the street widths be? Response: Streets will be widened to a half -width of 17 feet on both Landau Place and Landau Street. ♦ Trees were discussed at length with a variety of questions. Response: Removal of non - hazard trees over 12 inches in diameter is limited to under 50 percent. In addition, 100 two -inch diameter trees will planted on the site to partially compensate for the loss trees. These trees will be planted along existing ' homes to the east to form, in effect, a visual buffer. • Traffic increases and Landau/77 intersection safety are concerns. Response: The local street pattern ' has adequate capacity for the additional traffic. The concern about the Landau/77 intersection safety is suggested by citizens to be solved by making it an all -way stop. We support that. ' ♦ Grading, drainage, and filling of the draw on the site is a concern. Response: Grading is generally limited to the building envelopes, front yards, and rights -of -way and specifically restricted in our proposal within the draw. For the building envelopes, surface flows will be directed away from the draw and piped directly into the public drainage system. This will reduce surface flows to the downhill lots on ' the east side of Landau Place. • Will there be added street lights as we are concerned about lights shining into our house? Response: ' Street lighting appears adequate for the street, but if required, we will install more street lights and strive to use lights that direct light as downward as possible. • Will parking be allowed on your side of the street and will that create too narrow an opening for fire ' trucks at the location where the east side of Landau Place is narrowed by the existing curb indent. Response: Parking is currently not allowed on our side of the street, but we will be adding width about equal to the width of a parked car. Parking is anticipated to be allowed on our side of the street, thus the net opening will be the same. We will attempt to move one of our driveways to align with the narrow section, to reduce the probability of a car parking across • There are nice blueberry plants on the site. Can we have them prior to developing the site? Response: ' Yes, if they are in the areas that will be disturbed, but please wait until we are approved for construction. The sign -up list and other documentation of the meeting are on the following pages. 1 1 1 Tigard Woods Subdivision 1 Neighborhood Meeting October 1, 1997 — Sign -Up List 1 1 Name Address Phone Ac gg,e,L 75 s 7_1/z )7 9 ? s a w fr ) a - d P ( (9z1s -3 P 7 T L-16‘z-t 7- c's"oQ sw - 1` �" 5 3 00 (LOVE_ 0 1 - )co sw L A,4 34) 11(__ 2_4 S • 68c�S" R'1 L, �c.JL Ao PL 23 -10 1 -7a, 5 - 1 5L— Awc( Wgti (0680C 6.J c7rf P ArK/6(r W144,160L_ 1 1 1 1 I l Tigard- Tualatin School District 23 -J Hibbard Administration Office I 13137 SW Pacifc Highway Tigard, Oregon 97223 I 1997 -1998 School Facilities Insurance Waiver I Procedure: 1. After the leader or organizer of the group requesting the use of school facilities has completed and signed the Facility Use Application and has been granted approval for usage from the facility coordinator at the designated school, I then proof of insurance must be made (shaded area on applicatin) OR this waiver signed. 2. In instances where a Certificate of Insurance is not required of the group requesting to use the facility, the leader or I organizer of the group must insure that each participant in the activity signs this form and returns it to the designated school facility coordinator where it will be kept on file and be avilable for school security personnel. I 3. All participuits in the activity must sign this form. The form must then must be returned to the facility coordinator at the school. Participants tha do not sign this form DO NOT have the permission of the school district to he involved in the activity. • I Release Agreement: I, as a participant in an activity involving the use of facilities of the Tigard - Tualatin School District, covenant and agree I to save, hold harmless and indemnify School District 23 -J, its Board of Directors, officers, agents, and employees for and from all claims, demands, liabilities and obligations, including attorney fees and costs, that they or any of them may he required to pay by reason of or incident to my use of the District's facilities. I Name of Group NI0G--tQv2t-tnc., M-r- - PUZ A S OSt)%∎1►It o NI Leader /Contact Person 713 R g k e (1 S . Phone Z Z- f- 1 1 I Sign .? V ,. re of P., ' 'pa Date /l 1 0 . 7 S ..*+ /0 x &,,,t ( i. • i I- I , Ivry.. .. ( A l' I 6cuhtua. /0/ / en . e /., ,..., /0/, /9 7 • A i i , m , f_- • 1 AFFIDAVIT OF MAILING STATE OF OREGON ) ) ss. I City of Tigard ) 1 1, `- –1,4V tOI -A—A , being duly sworn, depose and say that on 5 -= ►ter =--,he J 1 I , 19 I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed • development at (or near) I 7&/_°7 7 ca J-1171/41-) S T T/G, .72e ? 7ZL� a copy of which notice so mailed is attached hereto and made a part of hereof. - I I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post I Office located at . i /. 1 L�-? f 1. . _ COO . Fb d with postage prepaid thereon. /720 I / • S i ature rrtfiie presence of a Notary Public) I (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETFINOTARIZQ I Subscribed and sworn/affirmed before me on the 1 day of Uer. 19 I "'1' OFFICIAL SEAL 'rte JEFFREY S ELSTON ` r- J NOTRY A PUBLIC- OREGON _7" _J Z-),-, MY COMMISSION I EXPI ES MAR OS, 1 see N RY PUBLI F OREGON i My Commission Expires: S.— S — 4 9 ,(Applicant. please complete information below for proper placement with proposed project) r-: `-` T CE OF PROJECT PROPOSED NAME: -I Z OF PROPOSED DEVELOPMENT: ame of ApplicantfOwner: ! A ddress or General Lacanon of Subject Property: r ubject Property Tu.x Mapis) and Lot T(s): tviogmmaattysmastem rnau. I 1I a r 1)c t. Ris,11e11is, Inc. 1- I September 11, 1997 I r, crY -- 4.: �C Donald & Shirley Hanson t c . -- • PO Box 12 I I Welches, OR 97067 Y ' i? lei A CC) SUBJECT: NEIGHBORHOOD MEETING NOTICE 0 / 'V RE: Tigard Woods Subdivision i. • Dear Neighbor: I You are invited to attend a public meeting to discuss a proposed subdivision development project in your neighborhood. The subject property 7607 SW Landau Street, Tigard OR 97223 and is I located at the N.W. corner of Landau Place and Landau Street, a map is attached to this letter. This parcel is 1.4 acres and is zoned R -4.5. As seen by the attached plan, the applicant is proposing to develop eight (8) single - family lots averaging 7,652 square feet. As part of this plan, . a variance to cul -de -sac access standards is proposed. Improvements to Landau Place and I Landau Street are also proposed. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the Iproposal in more detail with the surrounding property owners and residents. You are part of the process and encouraged to participate. The meeting will be held Wednesday, October 1, 1997 at Metzger Elementary School In the library area at 7:00 pm. If you have questions please I give me a call at 221 -1131. I hope to see you there. Sincerely, HARPER RIGHELLIS, INC. Jenai Bowdon 1 attached: location map I 1 I 1 I MI • INS INII MI MI MI MI OM • • • ON NMI MI I= MI MS • _... _ ..". • _. -.... .. 1- - • : ..! I I I N FS. — — ........<1 1 .,- - . I 1 — — L -L ` -- --- — — ---.-=.—i— —.-J-:.:- — -- _ _ I „.ei .. . 7 ' ......‹...;,..:,--'-'-'-- ..........._—___—.....—:-L.--.......:.:.....:...A....•.....___2-.....:.....L......z....,....:—.`....,.....\___ 7 ' ' ''... .:' ' ''' ''' ' . I 1 • ‘..., ...' •,;"''' _ S. P LANDAU PLACE ___ ...-.-....,,;- ....-::•r;)-;-- --- ,; „ i. ------ / i, 1 -.!•,. ... —1---____,.....__,, i Foa— — —1- — — ---- SO 0' — se p. 7 1017'1 1.••• :',... .... 1, 1 I 1 .. .i. .••••''.......... ...• • .... ,.,!....).' •,,, . .! I I I i 1 t ‘Z ,....... ."‘..°; I I I 12 1 3 1 NC i t 1 i 1 ; 6.64S S F 1 .'"' .. I . P 1 1 I I II II BO P• 66 t I 1 1 I 1 I I I I I --- \:0 ... I I I r -MW-SzcZ.N5i 310' _ _ .1 I I I I 1 I I I . , 1 1 . , ...g. '''''''' e'Pl'SOVED I .... - . . ',•\' wi.srow, I I . , 1 . ' - LOP ■ : i 71" g 1 . .. km S P. I I I I I 7 i i 11S4 S F. I I 6 0.154 S F. I I I I ; . 1 I I I I 0 1.56 5 r I I I \----------- I i _L.- < ! 1 : I 1 1 1 , , I0 BE REPIOVECI ---/ I I I I I I "S I % I I I I I ' 1 :-:I ' - I A &SU S F I 1 I I I I I I I • C I I I I I I I SO 0' SOO' SO 0' SO 0' I _ ___,___.1. _ ____ 1 • I , I , , • , , . 1 i� ��� #I ' — < /9 . 7 Douglas Olson I Donald & Shirley Hanson Donald & Mary Glover Linda Muir -Olson PO Box 12 9750 SW Landau P1 10045 SW 75th Ave 'Velches OR 97067 Tigard OR 97223 Tigard OR 97223 I 1 Tom Cartwright Robert Hawes Marie Willis 10067 SW 75th Ave 9760 SW 77th Ave 9790 SW 77th Ave Tigard OR 97223 Portland OR 97223 Portland OR 97223 I Scott & Marianne- Deselle Gregory & Cyndi Turner F L & Patricia Kaufman_ il 4413 88th Av'eNW 9840 SW 77th Ave 9865 SW 77th Ave Gig Harbor WA 983`35 Portland OR 97223 Portland OR 97223 II Donna Johnson Thurman & Lola Beaulieu Tamara Rausch-Boettcher Boettcher II 9870 SW 77th Ave 9895 SW 77th Ave 9900 SW 77th Ave Portland OR 97223 Portland OR 97223 Tigard OR 97223 II Anna & Georganne Dorr Survivor's Dorr SMITH JUDITH ANN LIFE ES David Denelle Britton 9925 SW 77th Ave 21310 SW Wildflower Dr 1919 37th St Portland OR 97223 Newberg OR 97132 Des Moines IA 50310 II - Marilyn Miller II Michael & Kristine Meyer Margaret Walker Thomas Delong 10057 SW 7 •th Ave 10080 SW 77th Ave 7911 SW Elmwood St Portland OR 97223 Portland OR 97223 Tigard OR 97223 I II Patricia Evans Mark Lantz CHURCH MICHAEL W & BARB 9706 SW Landau P1 9711 SW Landau P1 7440 SW 35th Ave Tigard OR 97223 Tigard OR 97223 Portland OR 97219 II Stephen Mentzer Robert & Shalee Seely Cassandra Leach Randy & Sandra Ferrell II 9729 SW Landau P1 9734 SW Landau P1 9745 SW Landau P1 Tigard OR 97223 Tigard OR 97223 Tigard OR 97223 II Patricia Renee Bull John & Deborah Thornton Kathleen Hutchings 9763 SW Landau P1 9781 SW Landau P1 9799 SW Landau P1 II Tigard OR 97223 Tigard OR 97223 Tigard OR 97223 I Mark & Patricia Storen Carolyn & Weaver Stinson Jon Mandaville 9810 SW Landau P1 9840 SW " Landau P1 9880 SW Landau P1 Tigard OR 97223 Tigard ORN9 Tigard OR 97223 . / Drew Anderson I Kevin Neupert Cynthia Fonseca Robert & Vivian Poste: 9900 SW Landau P1 9950 SW Landau P1 9990 SW Landau P1 Tigard OR 97223 Tigard OR 97223 Tigard OR 97223 I Alexander Backardjiev Scott Davis I Rumiana William Adams Jr. Elizabeth Murray -Davis 7505 SW Landau St 7520 SW Landau St 7548 SW Landau St Tigard OR 97223 Tigard OR 97223 Tigard OR 97223 Kenneth Beebe Janet Vorenkamp BEACON HOMES INC Jacqueline Beebe I 7576 SW Landau St 1865 NW 169th P1 7675 SW Landau St Tigard OR 97223 Beaverton OR 97006 Portland OR 97223 I Bret Lee Biedscheid Phillip & Joyce Sneed Don Biedscheid Jr. David & Joan Traweek 7711 SW Landau St 7712 SW Landau St 7756 SW Landau St 1 Tigard OR 97223 Portland OR 97223 Portland OR 97223 III Steve & Darbie Mayberry Thon Dunlap 7603 SW Locust St 7611 SW Locust St Tigard OR 97223 Portland OR 97223 Craig Hopkins Michael & Kristine Meyer e . 7430 SW Varns St. 10057 SW 77th Ave Tigard, OR 97223 Portland, OR 97223 I Mark Mahon Carolyn & Weaver Stinson 11310 SW 91st Court 9840 SW Landau P1 Tigard, OR 97223 Tigard, OR 97223 i Pat Wyden 8122 SW Scott & Marianne Deselle Spruce Street 4413 88th Ave NW Tigard, OR 97223 Gig Harbor, WA 98335 if i T I Sue Roman 4 11250 SW 82nd Avenue Tigard, OR 97223 I II I . 1 AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING. RETURN 1 AFFIDAVIT TO: . , . ... .•..,,. y ,' Planning Division I ..., . • • . • 1315 SW Hall Bo ulevard "' : ,` • . .. Tigard, OR 97223 . • I I 1. - =►&t gcvt.D , do affirm that I am (represent) the party initiating interest in a proposed sL) ,- v is b affecting the land I located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently 7 s. IA) , L.X,. ) S7. T40ki ? , 97 ?2.S , and did on the / I day of s :°P� =nA ,e. I 19 2.2personally post notice indicating that the site may be proposed for a t C v vi si O I.,.. application, and the time, date and place of a neighborhood meeting to discuss the proposal. I • The sign was posted at - -= p NT= TDr.k 'F 5 .L3. 1 k11tO - 7,e� 7_" 1 -D. 1-t+` Imo` (state location you posted notice on property) I – 11 li/ /AWA F_;/AL, 1 Sigr} -ture (In the . -sence of a Notary Public) 1 _ (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) I Subscribed and swom/affirmed before me on the 11 day of Se 19`"17 I .. I . f - , OFFICIAL SEAL �. F-1../..-- • 'r+� JEFFREY S ELSTON ~' _ NOTARY PUBLIC - OREGON - COMMISSION NO. 042074 N om'AR" PUBLIC OF OREGON MY COMMISSION EXPIRES MAR OS, 1999 - My Commission Expires: .3 — S – .°)9 I (Applicant, please complete information below for proper placement with proposed project) ,ho XE OF PROJECT OR PROPOSED NAME: • 'E OF PROPOSED DEVELOPMENT: 1e of-Applicant/Owner. Address or General Locator of Subject Property L Subject Proper Tax Map(s) and Lot 4(s): I J n. log rmpaay vrassenuvtpour..st S E P- 8- 9 T T U E 9 3 9 _ P-01 � PUBLIC MEETING NOTICE BEACON HOMES, INC IS PROPOSING A SITE DEVELOPMENT REVIEW FOR AN EIGHT (8) LOT SINGLE - FAMILY PLANNED DEVELOPMENT SUBDIVISION WITH VARIANCE TO CUL-DE-SAC ACCESS STANDARDS AT THIS LOCATION. PRIOR TO APPLYING TO THE CITY OF TIGARD FOR THE NECES- SARY PERMITS, THE APPLICANTS WOULD LIKE TO DISCUSS THE PROPOSAL IN MORE DETAIL WITH THE SURROUNDING PROPERTY OWNERS AND RESIDENTS. ' YOU ARE INVITED TO ATTEND A MEETING ON: w--w~ � - 7 PM WED, OCTOBER 1, 1997 � METZGER ELEMENTARY SCHOOL � 10255 SW 90TH � TIGARD, OREGON 91223 PROJECT DEVELOPER CONTACT: ' TONY RIGHELLIS OR JENAI BOWDON AT HARPER RIGHELLIS, INC. 221 -1131 1 Please note this is an informal meeting on the preliminary ' plans. These plans may be altered prior to the submittal of the application to the city. • I ' Tigard - Tualatin D @ ME v E � APPLICATION FOR SPECIAL USE PERMIT School District 23J SEP 8 1997 v SCHOOL DISTRICT PROPERTY 1 d i (1) Applicant requests permit to use school District facilities in accordance with District Policy KG: f Name of Person or Organization 4J � T ` R 17/1 / LL. S l / � i (_.,,r I lome Phone '/ t0 ■ Address C) _6. /A -). My ( }mot ,� M (J() Q;121 (1 ) aZ Business Phone 2 1 -11 1 Individual Partnership Association Corportation X / 0720 ■ I Name of Alternate Contact Person Home Phone Business Phone I (2) School(s) desired to use i (3) Facilities requested for use by persons: a. — Gym b. Showers e. Dressing Room d. Cafeteria e. — Kitchen f. Cafetorlum g. um h. Multipurpose 1. — Classrooms) j. Swimming Pool k. Room I (4) Purpose of use El...) P,L,) l � fr4 '11 —(r. ,�7 v F f)) l)) b, QT— I (5) Date(s) and days) of use desired l iC .1Qg�ia 1 ' 1 147 (6) Hours of use desired: From :a.m. to 7�a.m 'P m1 T�m. (7) Admission charges: aX.None b.$_ per person per — month: _ week; _ day c. Proceeds will be used for — (8) District personnel desired: a. Custodian(s) Hours from a.m. to _a.m. b. Cafeteria Hours from a.m. to a.m. p.m. p.m. p.m• p.m. I i (---• (9) Financial responsibility: (when required) I. INSURANCE: eft- � / (a) Name of Liability Insurance Carrier GU S , - "L �" L y ✓ '�. =: j 'Y (b) Policy No. (c) Liability Limits: 8 Bodily $ Property Damage $ il (d) Policy Period III Applicant agrees that certificate of insurance coverage naming Tigard - Tualatin School District 23J, Washington and Clackamas Counties. Oregon (Tigard - Tualatin), its Board of Directors. its officers, agents and cmpoyees when acting for the District as additional named insureds. coverage with liability limits not less than $500,000 per occurence for bodily injury and $100.000 I _ property damage or 8500.000 Combined Single Limit (CSL) will be filed with the principal's office at the school not later than two days prior to usage, and that failure to furnish such certificate will invalidate the permit, if any, issued pursuant hereto. I U. INDEMNITY:' Applicant agrees that if a permit is issued hereto, applicant'will provide supervisory, monitoring, safety and other personnel reasonably necessary to protect persons and property involved in applicant's activities pursuant to permit hereunder. Applicant further convents and agrees to save, hold harmless and indemnify School District 23J, its Board of Directors, officers, agents and employees for and from all claims, demands, liabilities and obligations, Including attorney fees, and costs, that they or any of them may be required to pay by reason of or incident to the use of the District's facilities by applicant hereunder. M. PAYMENT TO DISTRICT Applicant agrees to pay to School District 23J, Washington and Clackamas Counties, Oregon ( Board- Tualatin). promptly upon receipt of billing therefore, all amounts, If any. due to District for personnel costs, use charges, or other amounts reasonably required in accordance with applicable District policies. Applicant acting by and through the undersigned authorized person executes this application this day of ,19 I .. : District Use Only:'::' PERMIT • . > `- Yes individual 1-k' 42/4 tI t .� / /1.1 Name of Asso�ation: Corporation, P ershlp: L � / ,.. ' a crted ": ` > •:: '• • ' Denied . Charges involved ' .. • -• -. NO.. • i. ,---- By lLft yQf COMMENT(S)i . ' 'L ..School District No. 23.1; Washington and Clackamas Counties Title G /1 s5'4 _4_ By ;.. . ... . . • White - School Copy Pink - Business Office T1tle Date' <' ' •., . Can Applicant Goldenrod - Custodian Canary BuHdin Form # A-0003 Revteed 6/91 S011 MI r MI MI ` IN SW In r a 1 8 MI 1 e TIGARD WOODS P.U.D. LAND DIVISION APPLICA TION _ _ ` I I I _l___ ( l APPLICANT/OWNER ' PETER KU/SYK { KURT mars BEACON HOMES, UK. I I _/ LINAI000 sr ,, - _ _�__- 1500 SW 175111 AVENUE BEA VER TON, OREGON 17001 I I I I T . ' 1503/ St< -119) i BARIUM LN I I I - _ ENGINEER � H A R P ER RIGNE / S, hr. 5 200 SW MACADAM AVENUE --- SUITE 510 I I _ _ _ — .' _ _ I PORTLAND, OREGON 117201 IEMO(K f1 1503) 22l -1111 I k 1 ( -- - -- i _ , ` 1 It i I Pit;-.M... __ —111C-- SCALE r . tor SURVEYOR _ ` - -- -- -- —_ - - - - - -- 6 { L LAND SURVEYING, Arc. �— - —' _ ail 3_ 3 a p 1115 MUMS AVENUE !� BEAVERTON, OREGON 07001 R P I -1 -�- - _ .— _ _ — _ _ • S 15011 441 LAREN ST al-111D44. h J _ VERTWA DR — I I I I n LANDAU ST I - - — PROPERTY DFSCRIPTION i I LEGAL DESCRIPTION 151 250-4000 - - — — — PARCEL SIZE L10 ACRES — Ee __ USE I LOTS I I I III IC I I I I I i i i ( , , I SHEET INDEX isms, sr I — I I I I rtra SHEET / CIRCULATION PLAN I I I I i 2 EXISTING CONDITIONS ' 3 TENTATIVE PLAT Li I I 4 P.UD PLAN - ' _ S STREET PROFILES I 6 GRADING AND DRAINAGE - -_ j i I I ' ' I I I 7 UTILITIES PLAN l I I I UTILITIES PROFILES TREE REMOVAL AND MITIGATION PLAN CIRCULATION PLAN I DESIGNED. SHEET N0. /B rp e r TITLE SHEET / CIRCUL A TION PLAN DRAWN, ND ighellis, Inc. s « o I « c c « • TIGARD WOODS 1 O 9 CHECKED: ALRI DATE NO. DESCRIPTION um ""`""" °G"'° 1 °"" 3) "" ON 0.3) TIGARD, OREGON DATE: u1 - nn or 5 56 m -un R E V I S I 0 N S �0, O7 IOS NO L0 8118-30 MB 11111 INN NM SO all MS 1•11 MIN 11111 • MI MIII MIS 11111 OS INS MI SIM . EXISTING LEGEND 13 Fi (1..' T ; 1 - SPRoartm NRIGATION Vain • i : • a - 71117MONI PfotSra SCALE r &Jr :" N -:' r::"):: „IV * r T..h. -7.- .7.. \ \ , _ : 1- ,• - •":- - 1 0. ---7. 1 -- .. (‘', - " ,-, .. - - ,- 1 , .---"'r-7., 7 t'-' ' . - . IC; . - w . #,•7,.... - trt:i4, .,,, ' . . : :=,....„. t....,,t r ;-...„=_....4.:.,.... . : ...... ,, ,,,,• - i P : , 949 _ ,, _ . 643 LOW oi.''''T. 10.: , ..4 3 3.1--,o4;.......o.L....\:-.: 1 1. • ..',...".' : .. .. 4- . .....5 .. • ir.„1: .. . „;),:=.,;; • • ..............„' • ' ' s • 1 1 . .../ , ,c:. .............. i 1 q . WOW OW ,•" ''.. , ...,:,JS''T f' .....i " i W ' , • f • I : •••:;,:-. : I . : . . . • . ' 1 . : ' ' : i ' : . LANDAU PLACE-7- - 1‘... .- ..... „ i - OrteitA0 WM 4.____ , . ' -c '•''.:..)-.-'''.;-; : 7. .5. 1777 . 7 : :•--\ - 7 - 7 - ",...77 7 : i - 17 - ••-:( I ' I --8.01- - UhrfAir SNP IP .; 4 • ' ; . • ' • : : , . .. .. ' : . • : : : .,. . • ' • ' : \ ,... fp,. .. .. • . ',,, ' n --■7-...... • '•---■__:_l___., .....1 ... . I , 4 - - SIM. SEMEN OP ,e‘ ••• . :• : :N : : 1 ,.. ; - ...: ..........k ,. p I -,.- , , --4 srlr . ..---''• kZ I ._.._&• . e , t:c.,) • w.171t MOE ---'. . . ...--`,--- • Ct k j : \ • : 4 .:><;- ..r • q \ 1§ 1'.' " .,-.). iie ivA . CArN LIM : '4,,.;;. \. : : . : ,..< .. :,:." _,,,. ,,, II t ., --." ;. 64,40, .2 (,.:\ ...1 _ \ 41 I 1 i 28r PAPS nto.NrrraeoP,1•P' ss ' Z ... r 1 (1) - " Ivorvels NOW pONEROISEI 4.:. . 1>< ‘,.I1,... ! 11 •)1 ' ' 1. , t i,- ) \CA. *( * -47 *" c:>,_ . i : •:\e- • :...--,- •?•••• , \iiii_: . • . ---• • . ---- ick -,..: ''... 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TREE IDENTIFICATION TAILE tii4iirv. jukaar:• NEINIINL.■MENNIM41• =1= I 1 11±1: 1 1 1 L A M MI I INNUIMAIIINCV41111•1141111a/ft;= 011=ra MILOBAINIIIM=AM INIARNMI,..o: : MM_NEWLANIIILANINNILLEMAMINKIIIIIMIEji1114M11114.11111MJ TREE LEGEND 1111J11111111111,0111Ma• MaIllEU111111111•411.111/M41111•111111AJOI111/4/1111".41111111111L10 NIL= ML,.ifIIR-ldIIIIIIL•I1M2JIIIIIIIIILIIII MCM11111.41•0 MAN IlLaNIMAIIIII NUM a • Itembhafa mama Ch22121 M h•= 1.1 M11 ;It a ll..:44". M. 1 ima MAHE I Ig& IT „ M. ADAM114= •• IM11111M411111111LJI INCLAIONLJMIIILIMMLNIIII1j111111yMOILL111•11=11 C • f 1.=11iral=ff:1 wtmel=lit_ `fi' NUM M_1•41•111L-11•11E.L.MIIIIILYM M.:./1=:,:f M4111 WPM MAIIIIIMEJ I PPS 191)01 M I"11111 : 12"11 M ."111"1 "Elfft11111 :1;,fte,;,17,,`""" ria= = "Lir. r, 11114M =AINI MUM Wia/11112.=M:41•WIIMUIM.;1111 111/M =:...AMI Illpill VA • 4 med.". • Irall I ct I rtsr ." 1 Mi/h1VI LA= .E /.. I AM/ 1 IN.L= MIL' AM !LAM WAMPUM ■■ MUM M2.M11E,IMIIM.:////MLINW.A1111111/..ii DESIGNED: SHEET NO, AB lf rper EXISTING CONDITIONS BRAWN: /HD <I I:ghellis, Inc. Of 9 • 011311111"• TIGARD WOODS - 2 MCKIM AOR DATE NO, DESCRIPTION DATE - POO 9 MP; MAC ISIN SP SOIS9P 01. OW 909 221-119 PA ;OM .21-1171 TIGARD, OREGON .- : N E V I S I 0 N S 10/4/17 AN N°. BIR,11 -r - - - MI NM - - r - NS M r - MI - 1 r r - I I i ' 4 • I 7 I.'1 OEINFIE RIGII,.K.Y,. I I s" 1 _ :7'2 1^ - r. -- r O Af[ MLMI- Gf -YAI �C' %' S.W. LANDAU PLACE . r, yr — - — — . __ — ry �_ ti. r✓ * Iss nr I�Sr (� ser ur'� ._ I so r' „` Ir ".- I I r ' ' c .t r '' I I --- kc , I I I� l i • 1 I I I 3 I i I f I i I i ' 6.1 SP 1 1 1 I I , I I 3 r or __ I , , — — 1 vi ° \ \ \ \ \c \C * \'e i 4 1 ..i., , , S >; r... a� I I > I Ifft f f L, Ala. :.,;, Ttf:e%T 1 ti t . I 11 8 = I I I I� rovro $IM r nr zr � ` �. , I7O fr i I r m sf. ,� \\1\ I . - 1 I a 7 Alfa sr , I , I (1St S I I I I '- v.'C\ \ I / I I ! 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IN St - In n'lll - Prrl ■ x.IN s r: flair or Pro I f All II IN - S'S Si hi!• PVC, ❑7 STORM MANHOLE M P - Ivor It NI SIN - 107W or WI it no we . ne er Or Prn © CATCH BASIN Ertl 0 - Mai © CA T(H BASIN • me n - MSC It Sir EIS _ tint Pl WI IE. w rtsr • lien or Prrl • NOTE; APPROXIMATE TINE OF YEAR FOR PROPOSED SITE DEVELOPMENT IS MINTER OF 1997 -91 1 DESIGNED: SKEET N0. . N40 rper GRADING AND DRAINAGE DRAWN: art 41fghellis, Inc. CHECKED: N 1 r K TIGARD WOODS 6 a 9 AOR ' DATE KO. _ DESCRIPTION - Nwa WPM „,, rut �° 1101 TIGARD, OREGON DATE: 0123) 221-1131 + rut (.1 a1 -nn - • R I V 1 S 1 0 N S 11/1/77 SOB NO. . DII -H MI IIIIIII r Mill — MI w 1 I r r• r w w— MI MN SIB i - 1; I I l �E f '' • ` K' �._ —� t YI Iq / L ES6IN6 a _ : .' /.... , gam.... X Y ._j_ ^ icy u (« S LANDIU PLACE i s ''— A Y .y r - Z: -4 ...ma a - -I-- ---H -- - _ '" - , _ - 1 ,.�/ ' mss. I i I I I ' . : e 1 NNE w..,11w111.iN.r — ... � •-- . �?`NN'!;;S:N::.a..v... ... .. " 1- :; ,,/ / . ..y'j �- r.v'wQ.�sC `^�w�,ww et�+. s�..rw�e�,. �w� A '� I i 1 �, p• // ; 1 ;- - r1 .,- - . fi t Or I . \\ i .r E I � - - I � s jl I. ... i ,.1 . l 4 1 1 D1H( PARR SASAW** ft(AMIE E M g•"' 1,i1 '. i - X / / !.(. / . D I I I Mal IrrrJ i SAN HUA T AT I ARaAR SAS COMATIOr �( A / / \ r � �y /...... I Ii I in. LA worm? Mworm? I , 1 O Y " ' - • , Il I PAK SEA ►N.(. I I I I ) ir. ...j � i (2 t' I % rr /Y II '1 I it Sr STA I.MR IN Cr AT. I , Q / D SAM MEIN A worm,' a I I 1 —' SJ.� I 1 Sr. SEA IdlrA Srq I -- I 3 @ I I II 1 I I I I I ; R 1 \\R \R \ \'R \- �- -- - I 3 i „ I I i I I I I I 1 1 ; t 2 L �1' I 1 j ` i ki i RLOCAR EAST ■ 1 I ' Alll \11\UUJ \1 1 YARA KM I I i l 91 I I i I J \ I I I I I I I .�.I I i ; I ''''' • I I II I 1 11 1 I ' t ._._. _ I 1 SANITARY SEWER NOTES �-- , , i_r_. ,.., ,,, Q SANITARY MANHOLE I I . ^ • 1 I • aw ,, OW (L • MI 1L' I I IE Al (AST - 1L 014' Ilr ram It OUT WEST - MIT or (NIl O SANITARY MANHOLE AN 11. • MIA I E OW A W . 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SUM : 2g e...12 I "`O NiM� SO sB I i N LP. rMRt. teal ' xE ' I 1 1 i V • 3 STORM B PROFILE . f SEAL[ r • N WW1 r• r rvnu 1 ' aN &II i i • t », s • • SANITARY PROFILE i SCALE r • Nr •,ONIJ 1 i I r•rnom ►.N w bag • DESIGNED. SHEET N0, "a rper UTILITIES PROFILES DRAWN. i Inc. • - CHECKED: • • i • 4 . • • • TIGARD WOODS 8.9 AOR DATE NO DESCRIPTION tra " "0°°""'E OM 510. wmr•. ON "m' TIGARD. OREGON DATE: Ow) m -1131 !PA Iw.n tti -nn - A E V I S I 0 N S NienT NI! NO.ON-30 MN w EN w OM w — _ I• MI I MN NE • M•• 111•11 1 C=C • _ ... -C -11 1 _ _. .... - ,....: r 'r ' -- - Via —.. r + ._ -. _::Y = � „�.;. .. .>.../ ..... ..... .... :.- `..._......• ..... _:...A • . tea ". • • ‘.i_�_ ......_.. ........._. ..._.. _�y... ..._. ..........1....,....1....�i:.1 S.W. LANDAU PLACE „ s . "MI 140 1•10016 ly�f ✓/ I / / 4._________ .. y r u 4 -- SV - - -_ —_______. 1. • / ''''' { i r a ; it, , i 2727 ` N. r o .r i _ a ze { A z . t . z t' (It Lai 1 • 74. ii al; . 44. ' ; f 1 . ' I.? E 105 /` I I T I - zz I / . ..i 1 MN I 4s s .z JD I I • Y� I 11 A.. sY °J , i to. I i '‹n : I I tai s � Z 1 � f d 1 I I 3 I I • . I F i I 1 14 ! e I I ,7-- 4 ` rrA� ra l I r.l E 1� L I L I 3 -� re I I n c �v, M: 1 to. as *,..q.„ i . , .-- t - -- --- \ ` IZ L '. z ' I �b -" vi w 1 ^ f ` 333 • - I L - - f ! J 11 { Sj I - S I I 1. `�7 -1 I I I n• ror ;�:' �4 1 1 1 1 2 Ir I *• ' I „r, , I Is ;; I 1 I. ' too 1 1 1 RO I I 1 C S1 \ 11�l�lll \.1`� I I r r �• i L J I L J i 11 1 I 4 0 I r \'', \\ `,' 1 Il 1 I J1 1 L_ = _ - _ -.! I I2 J 1 . rH ; � AS CI, 1 �� 1 ;�J 1 I + 1 J' ' I � I 11 • O 0 I 9T i j • • I 11 Y ..i%'7 I I• } :1 I tl, r } • �,y•� 1 1 ; ' a ' , ; , ; ,� �,�y� s L_ ANA Is oar ! • I ND•A/NII Puma ).. I I TREE IDENTIFICATION TABLE I Ills Ill. NAND AM IAMB YP1Ii:iiel /••∎•,..1 •i.. " lM•_ 7Ml7 iaSlNia i(lEBiwL;4E.A1:.ff4llr,ialq. 4. :,IN. 6 >•t �lJ!Jt.:t•M>s•Minit!NLAMitaTimo iMt:iL•mAnio.:1ro WM•CiM MI=AMNNL:aIJi Mca MIAMI t'1Mt AIt.,:i!Mad t. J MAME M1 IM Mfr =tAs IN:MJ t AMMIL- MI�N[JtJNt Muul_sr t>•OMUM ECM tvllM M tltt:JtMW I M " /0Mi∎ L•il. NUM MIAMI =JIM 4M I ANULM L ,. TREE LEGEND tmt .1r• tA• tstt :IIIMINIMl•MIMMi∎NN:J•NL:.ft.>•NL'f• NUMBER Till= W.! !J MC WMMU IMM M MIMIM .,••W IL'LIt:'il n UMI • a r w•.r •.q.. REPRESENTATIVE Ia.- -- .M AI uM1:LaMUM MUalsAMar MUlML:IM 00AAS r• t ACTIvirr LOCATION SPECKS III A (TRIBUTES OF TREES Nli1• tftt�llt'1• :t7•1 NA.7,7,.. I M Mr�M a nWM= NNt� rdaMmM Mma lMl . I m• wRAaN� PLANTING ON -SIT n _ E WESTERN RED CEDAR SCREENING, FULL FOLIAGE, TOLERATES WET SOILS 60 M 115 u ML..l MLiO MCat EV ME Man L NNSlt'1•u mm a 100 rE PLANTING ON -SITE PIN OAK FORM, FALL FOLIAGE, TOLERATES WET SOILS 40 NNUMIM :. WWI NUM MUM L Man I vrs No rlwR 1 M EMMU=! lL�tLat.iM WMGS'l NCEM CilII[� eA. mm - SUBTOTAL ON - SITE MITIGATION 1100 t:)•NtGJ•1:1i INItIMI:ia•ISM MEiJ•MfD'AtNM:Ii MFBlNNL"'Yl I •I AtNR! MA•NNLat.J liMMEI =Min llttsaMl:i••LT!•ES♦Nlii• C C Pm.. r•rY.N PANTING OFF-SITE (11 UNSPECIFIED N/A - -" - - 11 72 t mmunoic:Sm wcalomwormu t:,moi•NoLuol ! ado t • IrrRrw. mr..a. TOTAL MITIGATION PLANTING 212 tiro :∎N•1• Low_am•i I:!•L.lNW Mfomoi,.mme;Ji 101,000.1 uuRl 1 NUINIMLMINNU •lauaiINl.>•t:Nt.•liMW, lcL• MC • arrow nr.•I . (I) REPRESENTATIVE SPECIES ARE TREE SPECIES THAT WOULD TYPICAL( Y BE USED FOR MITIGATION PLANTING TO MEET SITE M12/1l NNl.aul:ix!_E• MUM • IriINN yil.LM I Rat. Lunar r OBJECTIVES. ACTUAL SPECIES WILL BE BASED ON AVAILABILITY FROM THE NURSERIES AS WELL AS SPECIFIC SITE CONDITIONS 1 •Its MEW IMAMt:MIMEM WanMi.�IELi• MUM NUM MAI Y• ,••,ry 1 .N 00 !:IM MLA=MLIIM MIMI IKLMMal MI= MM- MMI MUM iM;i!!'.:' EMUM I aacw AS• THAT EXIST FOLLOWING CONSTRUCTION. NUM 'NUM! MUM NNHA • Eva l:A•ti�M[:a•:A• R • row I..a., !U• /MC �•SAM tlI•I.■= :;MMLi>. MNLAMIIaM Wall M lll7M I uSRRr NNa( I �a WAMEIESf WAgt fi •••w � (2) TIGARD CODE PERMITS PLANTING OF REPLACEMENT TREES ON OTHER PROPERTY WITHIN THE CITY. ALTERNATIVE: IN LIEU lr• tl,."'ll:i•t11•t1•l:Jtst tY.,lII:1•!'.i1t:�l:r . /0••••• OF TREE REPLACEMENT, THE CITY MAY BE COMPENSATED FOR ITS COST IN PERFORMING TREE REPLACEMENT. IJ M ML-Mil MUM Mt' tLNN Ill4M MUM. _ IMAM I.: •.r I AMf I tt/aI 1 • WI u/•Lmi u NIl.7•�c'awwa•l:t!ti!!J - )MMNM).:IM Mt, r IM: NMl ∎MS. r l:.I Mr::AIII I.1M I•, -IMAMM.AM DESIGNED: SHEET N0. A'M DRAWN. rper TREE REMOVAL AND MITIGATION PLAN .M 41iii Inc. • II D 1 N • • • • TIGARD WOODS 9. 9 CNECKEO: AOR RATE NO. DESCRIPTION — °100 9 . r1oN "`N` R"` ° OM TIGARD, OREGON GATE: t 271-1131 PA Iwn 271 -nn - R E V I S I 0 N S M /11/17 M0 8141-a1 • • In the Municipal Court for the City of Tigard County of Washington, State of Oregon SUBPOENA CITY OF TIGARD Citation #: 99 -06 Municipal Court Case #: 1999 -10812 vs. Charge: Illegal Tree Removal JIM GASCA TO: Officer Mathew Scheidegger City of Tigard 13125 SW Hall Blvd Tigard OR 97223 IN THE NAME OF THE STATE OF OREGON, You are hereby required to appear before the undersigned Municipal Judge in and for the City of Tigard, County of Washington, State of Oregon, on Tuesday, the 22nd day of June, 1999 at 1:30 PM at the Tigard Municipal Court, 13125 SW Hall Blvd., Tigard, Oregon as a witness in the above entitled action For Complainant. GIVEN UNDER MY HAND, this 10th day of June, 1999. Michael J. O'Brien City of Tigard Municipal Judge BLAKE & DUCKLER, L.L.P. Larry J. Blake, Jr. * Attorneys at Law April F. Schopmann Geordie Duckler, Ph. D. ° Legal Secretary Holly J. Somers 4 148 `B" Avenue Steve J. Rutherford, Of Counsel Suite 200 Christopher M. Sturgeon Lake Oswego, Oregon 97034 -3133 Legal Secretary * also admitted in Minnesota ° also admitted in California (503) 635 -9626 Sarah Snelling d also admitted in Washington (503) 635 -9361 Fax Legal Secretary e -mail: law@pacifier.com Matt Scheidegger May 20, 1999 Code Compliance Specialist City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Re: Tigard v. Gasca Case No: 99 -06 Property: 7607 SW Landau Dear Matt: This letter is in reference to the above - entitled matter, which was referred to our office on May 10, 1999. The following information is based on conversations with, and documents obtained from, the following individuals: . , • • Yourself (5 -11, 5 -12, 5 -14, 5 -18) • Bill Bailey, opposing counsel (5 -14, 5 -18) Debbie Adamski, City of Tigard /witness (5 -17) Richard Gillum, arborist /witness (5 -18) Summary of Facts Beacon Homes, Inc., a developer, obtained a permit from the City of Tigard to put in a subdivision, which includes the property in question. As a condition of the approval, the company agreed to take reasonable measures, as certified by an arborist, to protect the trees that are at issue. These measures included placing a barrier around trees so that heavy construction equipment would not damage the roots and preventing the placement of back fill around the trees and roots. The developer /contractor failed to adhere to any of these permit restrictions, piling back fill up to a foot around the base of some of the trees instead, and operating heavy equipment around the trees causing root damage. It is unknown as to whether he consulted an arborist. Beacon Homes sold the property to James M. and Shelly N. Gasca on March 19, 1999. In accepting the property, Mr. & Ms. Gasca agreed to the restrictions referenced in the deed. One of those restrictions was that no trees larger than twelve inches shall be removed from the lot without "prior written approval from City of Tigard Planning Division." At the time of the purchase, Mr. Gasca saw tree limbs hanging onto the roof of the house, and asked the contractor about removing those trees. The contractor advised Mr. Gasca that because of permit restrictions he could not remove those trees, but Mr. Gasca himself could. Mr. Gasca consulted an arborist to remove the limbs. The arborist advised Mr. Gasca that the trees were damaged Matt Scheidegger May 20, 1999 Page 2 and/or diseased, and needed to be removed altogether. Sometime in this time frame, Mr. Gasca also obtained a pest inspection report which noted that the trees were infested. Mr. Gasca contacted the City of Tigard and was put through to the Development Services Department. Debbie Adamski answered the phone as a "hot call" to answer questions about tree removal. Ms. Adamski is one of three Development Service Technicians who answers residents' questions about City policy and/or codes with regard to permit requirements. She advised Mr. Gasca that he only needed a permit from the City if his property and/or trees are on "sensitive lands " -- defined as either a hundred -year flood plain, natural drainageway, wetlands, or steep slope of 25% or greater. She stated that he did not need a permit for the removal of a tree if the tree obstructs visual clearance, is hazardous, a nuisance, or is part of a tree farm. Ms. Adamski was not aware that there could also have been deed restrictions that property owners would need to check as well. Mr. Gasca requested something in writing to document that he did not need a permit from the City. Ms. Adamski faxed Mr. Gasca a handout with sections highlighted that indicated he did not need a permit. The fax cover letter merely stated, "Here you go." Evidently satisfied that he had the authority to remove the trees, Mr. Gasca obtained bids from at least two different tree service companies to remove the trees. One, Rich's Tree Service, is owned by a certified arborist, Richard Gillum. Mr. Gillum came out and assessed the trees and observed the back fill up against the base of the trees, and also the root damage. He wrote a rather evasive memo stating that it is "reasonable to assume" that there is an "extremely high risk of failure" because of the root damage and soil compaction. Mr. Gillum's quote was evidently the least expensive, and Mr. Gasca had Mr. Gillum's company remove the trees. When I spoke with Mr. Gillum, he indicated to me that it was possible, but highly unlikely, that the trees could have survived in the long term, but only with extensive and expensive remedial measures. Sometime after the trees were removed, a neighbor complained and Code Compliance became involved. Because written permission was not obtained via the Planning Department, Mr. Gasca was cited. He obtained an attorney, and the case was referred to our offices. After numerous discussions, your office decided to set over the trial to further analyze the situation. Opposing counsel did not object and we set over the May 19, 1999 trial on May 18, 1999. Applicable Laws 1. Tigard Development Code §18.790.060 Illegal Tree Removal states that is a violation to remove a tree in non - compliance with any condition of any city permit or development approval. This section is applicable to the Gascas. 2. Tigard Development Code §18.790.060 Illegal Tree Removal states it is a violation to breach a condition of any city permit or development approval, which results in damage to a tree or its root system. This section may be applicable to the developer. Matt Scheidegger May 20, 1999 Page 3 Analysis It appears from the facts of this case that Mr. Gasca arguably did not strictly comply with the restrictions on his deed. However, he may argue that Ms. Adamski represented the Planning Department, and her fax constitutes written approval to remove the trees. Although, in normal circumstances, I do not believe this argument would carry much weight, it appears that Mr. Gasca took several measures to ensure that he was complying with the City policies and procedures. That in mind, the judge might go out of his way to construe the fax as written approval. Mr. Gasca might also argue that if Ms. Adamski was not speaking for the Planning Department, she was giving him legal advice that could expose her and/or the City to some liability for the unlawful practice of law. On the other hand, the person at fault in this case may be the contractor for not adhering to the restrictions of the permit and development approval. From the evidence, it appears that he caused the root damage, and the root damage was a significant factor in the decision to remove the trees which would be a violation of the Tigard Development Code 18.790.060. I imagine that in a trial against Mr. Gasca and /or the developer, one of the defenses will be that even absent the root system issues, the trees were still infested and diseased, and needed to be removed. I am sure that they will argue that the City would have or should have granted the permit, had they applied for one. As I am sure you are aware, this is an extremely weak defense for not applying for a permit, and one against which I feel the City should take a strong stance. Nevertheless, in the case of Mr. Gasca, I can not imagine the judge finding him guilty and fining him, as it appears he took all reasonable measures to ensure he was in compliance. I am also concerned that in the process of the trial, the City will appear in a bad light for giving erroneous information, and then citing the resident who follows a City employee's own directions. I await your further instructions. It is my understanding that the hearing will be reset to late June. We will obviously need to decide on a plan of action prior to that time. I look forward to hearing from you. Very truly yours, BLAKE & DUCKLER, L.L.P. EV't; H. J. Somers HJS /ss DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAKOTA MEADOWS CITY OF TIGARD, WASHINGTON COUNTY, OREGON THIS DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAKOTA MEADOWS, CITY OF TIGARD, WASHINGTON COUNTY, OREGON (the "Declaration" or "CC &R's ") is hereby made an executed this 23 day of February, 1998 by DAKOTA MEADOWS, an Oregon Limited Liability Company (the "Declarant "). RECITALS WHEREAS Declarant is the Owner of all that certain real property located in Washington County, Oregon, which has been platted and designated as Dakota Meadows, according to the map and plat thereof on file with and recorded in Plat Book NO. , page on "Date ", in Washington County Records; and WHEREAS Declarant desires to: (a) preserve and maintain certain areas, described on the plat as Tracts A, B, C, D, E, F, G, H, I, J, K, and N as private space in Dakota Meadows for the enjoyment of all Owners; and (b) provide for the development of Dakota Meadows including construction of Single Family Attached Townhomes therein and the use and enjoyment of Lots therein; and WHEREAS Declarant desires to subject Dakota Meadows to the conditions, covenants and restrictions contained herein for the benefit of Dakota Meadows and its present and subsequent Owners. NOW THEREFORE, Declarant hereby declares that the Property described herein, commonly known as "Dakota Meadows" is and shall be held upon and conveyed subject to the covenants, conditions and restrictions, easements, reservations and charges hereinafter set forth. Each buyer of a Townhome in Dakota Meadows agrees to be bound by these covenants and restrictions and shall so indicate in writing prior to closing on the purchase of a Townhome in Dakota Meadows. This Declaration is hereby made a part of all conveyances of Dakota Meadows, or any part thereof, and shall run with the Property and be binding upon all parties having any right, title or interest in the Property, or any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS 1. "Association" shall mean and refer to the Dakota Meadows Homeowners Association, an Oregon non - profit corporation, its successors and assigns. Page 1 2. "Board of Directors" is the Declarant so long as he is an Owner and desires to be the Board of Directors, and thereafter shall be three (3) Owners selected by the Declarant in accordance with this Declaration. 3. "Common Areas" shall mean those areas of land shown or declared as such in any recorded plat of the Property as Tracts A, B, C, D E, F, G, H, I, J, K, and N and any improvements of facilities constructed or placed thereon which are intended to be devoted to the common use and enjoyment of the Owners of the Property. 4. "Declarant" shall mean and refer to Dakota Meadows, an Oregon Limited Liability Company or assigns, or any successor or assignee to all remainder of its interest in the development of the Property. Until such time as the Dakota Meadows, an Oregon Limited Liability Company is formed Peter A. Kusyk and Kurt H. Dalbey shall assume all duties and power of the Declarant. 5. "Declaration" shall mean these Covenants, Conditions, and Restrictions for Dakota Meadows and all other provisions herein set forth in this entire document. 6. "Design Review" shall be the design, material specifications and color restrictions and controls placed upon each and every single family attached Townhome. 7. "Lot" shall mean each of the numbered parcels of land described in the Plat. 8. "Member" shall mean every person or entity who is an Owner in Dakota Meadows and who holds membership in the Association. 9. "Occupant" shall mean and refer to the occupant of a Townhome, who shall be either the Owner, Leasee, or any other person authorized by the Owner to occupy the premises. 10. "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including having such an interest merely as security for the performance of an obligation. "Owner" shall also mean a contract vendee purchasing a Lot pursuant to a land sale contract where the deed transfers only upon satisfaction of the contract. "Owner" shall not include a tenant or holder of a leasehold interest or a person holding only a security interest in a Lot. 11. "Plat" shall mean and refer to that certain plat for Dakota Meadows recorded on "Date" in Plat Book "No. ", at Page "Page No." of the Washington County Records. 12. The "Property" shall mean and refer to all real property including without limitation Lots, Townhomes, Common Areas and Streets subject to the Plat, commonly known as "Dakota Meadows ". 13. "Property Manager" is the Declarant so long as he is an Owner and desires to be the Property Manager, and thereafter is the President of the Association or such other person that the Board of Directors may appoint or retain. 14. "Street" means any highway or other thoroughfare as shown on the recorded plat of the property. Page 2 15. "Townhome" shall mean and refer to any portion of a building situated upon the Property and designed and intended for use and occupancy as a single family residence. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION; PROPERTY RIGHTS 1. Property. The real property which is, and shall be held, transferred, sold, conveyed and occupied subject to this Declaration, is located in City of Tigard, Washington County, Oregon, and is more particularly described in the Plat. 2. Owner's Easements of Enjoyment. Subject to the provisions set forth below, every Owner shall have a right and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot, subject to a public utility easement for the operation, installation, repair, maintenance and replacement of public utilities including, but not limited to, sanitary sewer, water, storm drainage, natural gas, cable television, electrical power, lighting, and security and irrigation systems. 3. Extent of Owner's Easements. The rights and easements of enjoyment created hereby shall be subject to the following: A. The right of the Association to limit the number of guests of Owners. B. The right of the Association to charge reasonable fees for the use and maintenance of the Common Areas, Streets (Tracts A and N) and Walkways (Tract D). This right to charge fees shall include the right to levy liens on any Townhome and charge interest for any fees not paid by the Owner (s) in accordance with the provisions hereof. C. The right of the Association to suspend the enjoyment rights of any Owner for any period during which any assessment remains unpaid. D. The right of the Association, in accordance with its Articles and Bylaws, to mortgage the Common Areas as security for any loan, the purpose of which is the improvement of the Common Areas. In the event of a default upon any such mortgage, the lender's rights hereunder shall be limited to a right, after taking possession of the mortgaged property, to charge reasonable fees to Owners as set forth in Section 2.3.A herein. Upon satisfaction of the mortgage, the lender shall return possession of the Common Areas to the Association and all rights of the Owners hereunder shall be fully restored. 4. Delegation of Use/Leases. Each Owner shall have the right to delegate, in accordance with the Bylaws, his right of enjoyment to the Common Areas to members of his family or tenants who reside on the Owner's Lot under a lease. Any said lease shall be in Writing and shall provide that the terms shall be subject in all respects to the provisions of this Declaration and that any failure by the leasee to comply with the provision of said Page 3 Declaration shall constitute a default under said lease. For purposes of this Section, the term "lease" includes without limitation, a lease for any term including a month-to -month rental agreement. However, no lease or other agreement shall relieve the Owner of responsibility and liability for compliance with these covenants. 5. Common Areas. Declarant shall retain legal title to the Common Areas until it has completed improvements thereon, then shall convey such Common Areas to the Association. The Common Areas, when conveyed, shall be conveyed free and clear of all liens and encumbrances other than those authorized by this Declaration. 6. Encroachment Easements. If any footings, foundation walls, walls, roofs, fences, porches, decks, roof overhangs, rain gutters, or rain down spouts which now or hereafter encroach upon any Lot or upon any portion of the Common Area, then an easement for such encroachment and the maintenance thereof, as long as it continues, shall exist. No such easement shall exist, however, with respect to an encroachment caused by the construction of any improvement on any Lot after completion of the construction of the original improvement thereon by the Declarant. 7. Declarant's Right to Develop. Nothing in this Declaration may be construed as to prohibit the Declarant from developing and constructing the Property in accordance with the Plat and any of Declarant's approved building plans. ARTICLE III OWNERS ASSOCIATION Organization. The Declarant shall organize an association of all Owners of Lots which shall be organized under the name "Dakota Meadows Homeowners Association ". Membership in the Association shall be appurtenant to and may not be separated from ownership of any Lot or Townhome. The Association shall be organized as a nonprofit corporation under the laws of the State of Oregon. The Articles of Incorporation of the Association shall provide for its perpetual existence, but in the event the Association is at any time dissolved, whether inadvertently or deliberately, it shall be automatically succeeded by an unincorporated association of the same name. In that event, all of the property, powers and obligation of the incorporated association existing immediately prior to its dissolution shall thereupon automatically vest in the successor unincorporated association, and such vesting shall thereafter be confirmed and evidenced by appropriate conveyances and assignments by the incorporated association. 2. Membership Classes. The Association shall have two classes of voting membership: A. Class A: Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than Page 4 one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. B. Class B: The Class B Member shall be the Declarant, its successor or assigns, and shall be entitled to four votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of the earlier of: 1. When all Lots have been developed with Townhomes and sold, or 2. Five years from the date of recording this Declaration in the records of Washington County, Oregon, or 3. The Declarant elects, in its sole discretion, to relinquish control of the Association. 3. Turnover Meeting. Not later than 90 days after the Class B membership is converted to Class A membership, the Declarant shall call and hold a meeting of the Members of the Association and, at such meeting, shall turn over the administrative responsibility for the Property in accordance with applicable statutes. The Common Areas shall be conveyed at this time in accordance with the provisions of this Declaration 4. Employment of Agents, Advisors and Contractors. The Association, through its Board of Directors, may employ the services of any person or corporation . as managers, hire employees to manage, conduct and perform the business, obligations and duties of the Association, employ professional counsel and obtain advice from such persons or firms or corporations such as, but not limited, landscape architects, recreational experts, architects, planners, lawyers and accountants, and contract for or otherwise provide for all services necessary or convenient for the management, maintenance and operation of the Property. ARTICLE IV PARTY WALLS 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of Townhomes upon the Property and placed on, or immediately adjacent to and parallel with the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rule of law regarding party walls and liability for the property damage due to negligence or willful acts or omission shall apply thereto. 2. Sharing of Repair and Maintenance. A party wall shall be maintained in a good and safe condition. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. The word "use" as referred to in this Article means ownership of a Townhome or other structure which Page 5 incorporates any part of such wall. In addition, any part of said structure including, but not limited to, gutters, down spouts, footing drains and rain drains that is used or shared by two or more Owners shall be maintained and repaired with said owners sharing in related costs in proportion to their respective use. 3. Deconstruction by Fire or other Casualty. If a party wall is damaged by fire or other casualty, any Owners who have used the wall may restore it, and if the other Owners hereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. The Owner repairing or reconstructing a party wall shall have the right to access over the adjacent Owners's lot to the extent reasonably necessary to effect the repair or reconstruction. 4. Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 6. Encroachments. If any portion of a party wall or other part of a building or structure now or hereafter constructed upon said Property encroaches upon any part of the lot or lots used or designated for use by another Lot Owner, an easement is granted for the encroachment and for the maintenance of same is granted and reserved and shall exist and be binding upon the Declarant and upon all present and future owners of any part of said Property for the benefit of the present and future owner of such encroaching building or structure for the purpose of occupying and maintaining the same; in the event a structure consisting of more than one Townhome becomes partially or totally destroyed or in need of some repair or replacement, mutual and reciprocal easements are granted and reserved in and upon each Townhome and lot for the repair. No such easement shall exist, however, in respect to an encroachment caused by the construction of any improvement on any Lot after completion of construction of the original improvement thereon by the Declarant. 7. Structural Alteration. The improvements are constructed according to plans approved by the City of Tigard. Said plans detail structural requirements for the improvements. There may be no demolition of any Townhome and there may be no alteration of the structural components without the prior written approval of the City of Tigard and the Board of Directors. 8. Storm/Rain Drains. It is further agreed that the rain drains and sewer drains which service the Townhomes are protected by a permanent easement. Said easements shall start in front of the Townhomes and end at the front property line. 9. Arbitration. In the event of any dispute arising concerning a party wall, the parties shall Page 6 agree to a mediator and attempt mediation to settle all claims. If mediation does not resolve the dispute, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the dispute shall be arbitrated by the arbitrators so designated in accordance with the rules of the American Arbitration Association. The decision shall be by a majority of all the arbitrators and shall be binding on all parties thereto, their heirs, and assigns. There shall be no right of appeal, automatic or otherwise. The prevailing party shall be entitled to arbitration fees from the party not prevailing, including reasonable attorney's fees. The arbitration award may provide for injunctive relief, damages, or combination thereof. 10. Enforcement of Party Wall Arbitration. Any owner shall have the right to apply to a court of competent jurisdiction for enforcement of the arbitration clause for temporary relief pending the outcome of arbitration. If an Owner fails to appoint a mediator or arbitrator within 21 days of receipt of notice of arbitration, an arbitrator may be appointed by the Court. Failure of any Owner to enforce any covenants of restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ARTICLE V USE RESTRICTIONS AND ARCHITECTURAL CONTROLS 1. City of Tigard Restrictions. All uses, occupancy, construction and other activities conducted on any Lot shall conform with and be subject to applicable - zoning, use restrictions, construction and building codes of the City of Tigard, and further in the restrictions of all other public authorities and to the extent the following restriction may be in conflict therewith, the same shall be deemed modified thereby. 2. Dakota Meadows Design Restrictions. Each Townhome shall be bound by and comply with the Design Review Requirements of Dakota Meadows. Said Design Review Requirements shall be established and amended from time to time at the direction of the Board of Directors. 3. Uniformity of Color and Decor. Any paint applied by an Owner to the exterior walls of any improvement sharing a party wall as defined in Article IV hereof shall be of the same color and decor as the color applied to such improvement when it was originally constructed in order to maintain uniformity of color and decor among all improvements sharing the party wall unless all Owners sharing the party wall agree otherwise in writing and obtain approval of the Board of Directors. The color, decor and type of any roofing material, placed by an Owner on any improvement sharing party wall (s) as defined in Article IV hereof shall be of the same color, decor and type of roofing material used on such improvement when it was originally constructed in order to maintain uniformity of color, decor and type of roofing material among all improvements sharing the party wall (s), unless all Owners sharing the party wall (s) agree otherwise in writing and obtain the approval of the Board of Directors. Page 7 4. Land Use and Architectural Control A. No Lot shall be used except for residential purposes. This provision shall not restrict the use of the residence as a home office so long as the use does not constitute a business engaged in the retail sale of goods and complies with the City of Tigard Code. (See section "6. Business and Commercial Uses" below for additional provisions.) B. No building, fence, wall or other structure shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials, colors, and locations of the same shall have been submitted to and approved in writing by the Board of Directors. 5. Use Restrictions. The following restrictions shall be applicable to the use of any of the Property subject to this Declaration, and each Owner is responsible hereunder with respect to any portion of the Property owned by such Owner. A. No animals or fowls shall be raised, kept or permitted upon the Property or any part thereof, except that one domestic dog, which is 60 lbs or less, and/or one domestic neutered cat, or cats, and caged pet birds may be kept within the Dwelling house, provided said dog, cat and pet bird/s are not permitted to run at large and are not kept, bred or raised for commercial purpose. No Owner shall have more than two dogs or two cats, or one dog and one cat. All dogs and cats which are allowed outside shall have a name tag and bear a phone number of its owner. B. No noxious, illegal or offensive activity shall be carried on upon the Property or any part thereof, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood or detract from its value as a superior residential district. C. No dogs shall be allowed out of the Owner's Townhome except in a fenced yard or while on a leash and under direct control at all times (the leash shall not be "telescoping" nor longer than six feet). Dogs shall not be allowed to soil common areas or any Lots except with the immediate use of a "pooper scooper" and subsequent proper disposal of any waste at the Owner's premises. Barking dogs (including but not limited to those inside of a Townhome, in a fenced yard, or on a leash outside and accompanied by the Owner) shall not be allowed to burden neighboring Owners. If dogs are found to be in violation of any of these provisions they shall be subject to permanent removal from the Property. Any Owner may make written complaint to the Board of Directors which shall immediately investigate and may direct its legal counsel to take action to remove the pet if offenses continue. If the Board fails to act to protect individual Owner's right to peaceful enjoyment and protection of their property, then Page 8 individual Owners shall have the right to have the offending pet permanently removed from the Property subject to the Arbitration and Enforcement provisions contained herein. D. No trailer, camper, boat, camper and pickup, or inoperable automobile, shall be stored in the open on the street or on any lot for a period to exceed twenty four (24) hours. No such trailer, boat, camper, etc. which is more then twenty five feet (25') in length overall shall be parked unattended on any of the private streets at any time. All permanent storage for the items outlined above shall be provided by permanent garage or suitably screened storage areas, approved by the Board of Directors. E. No trash, garbage, ashes or other refuse, junk vehicle, underbrush or other unsightly growths or objects, shall be thrown, dumped or allowed to accumulate on any portion of the Property. Garbage and other waste shall be kept in sanitary containers inside of garages and only set out for regularly scheduled pick -up and then shall be promptly returned to garages. F. No exterior clotheslines are allowed that can be seen from any street or Lot. G. No tractor, trailer, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporary or permanent. Developer's temporary storage of equipment, use of a trailer office, etc. during construction are exempt. H. All Common Area landscaping and landscaping on private lots shall be installed and maintained by the Association. This provision also applies to the Private Water Quality Facility. I. No sign shall be displayed to public view on any Lot except as follows: 1. One identification sign no larger than '/ of one square foot. 2. One sign not larger than four square feet advertising the Property for sale. 3. Builder's signs during construction and initial sale period. J. Costs incurred by the Association in the enforcement hereof shall be the responsibility of the offending Owner. The rights of collection as stated in these CC &R's shall apply. 6. Business and Commercial Uses. No trades, crafts, businesses, professions or commercial or similar activity of any kind shall be conducted on any Lot, nor shall any goods, equipment, vehicle, materials or supplies used in connection with any trade, service or business be kept or stored on any Lot without prior written approval of the Board of Page 9 Directors. Consulting or telecommuting business activities are not prohibited. The Declarant is exempted from this provision while constructing the common area improvements and Townhomes in the normal course of said construction and in the use of completed Townhomes as sales models. ARTICLE VI MAINTENANCE 1. Affirmative Duty of Maintenance. The Association shall use good and reasonable judgement in maintaining and generally keeping in good order and repair and keeping clear of rubbish, the exterior of any improvement on any Lot or Common Area. 2. Exterior Maintenance of Lots and Townhomes. The Association shall be responsible for the landscaping and maintenance of the Lots. The Association shall provide exterior maintenance of each Townhome, which is subject to assessment hereunder, as follows: A. Repair and care of roofs, gutters and down spouts; B. Routine scheduled cleaning of gutters, streets, etc. as determined by the Project Manager; C. Scheduled exterior painting, including touch up painting and other routine maintenance due to wear and tear on exteriors (by scheduled rotation only); D. Landscape maintenance on individual lots (except for replacement or additions of plant materials and all new plantings are subject to the approval of the • Association) is included. E. Maintenance of all common areas. F. Window cleaning and replacement of broken glass is not included nor is the replacement of light bulbs, the repair of damage caused by Owners, their agents or guests, or any acts of nature such as falling trees or tree limbs, wind damage, earthquake damage, lightning, settling, or slippage of land, etc. Owners are responsible for their own continuous and adequate homeowners insurance against loss from such hazards. Such exterior maintenance shall not include driveways, entries or entry walks, or decks. Maintenance shall occur only according to a schedule and per the current "Dakota Meadows Exterior Maintenance Policy" which shall be established and amended from time to time at the direction of the Board of Directors. Notwithstanding any subsequent amendment to this Declaration, neither the Declarant nor DAKOTA MEADOWS, LLC shall be responsible for any of the maintenance described herein and no Owner shall make a claim against such entities for the same. G. Any trees that are protected by the conditions of plat approval cannot be removed without approval of the City of Tigard, and appropriate mitigation will be part of the City's approval process. Page 10 3. Maintenance of Common Areas. The Association shall provide for maintenance and repair of the private, common roads for the use of all residents which are designated on the plat as Tracts A and N as well as the Common Areas for the use and enjoyment of all and designated on the plat as Tracts B, C, D, E, F, G, H, J, and K, which are subject to assessment hereunder, including but not limited to the following: Private Water Quality Facility, perimeter fences, playgrounds (if constructed by the Association), entry gates, gate security systems, landscaping, roadways, walkways and accessways, parking areas, etc., which are not a part of an individual Lot. 4. Maintenance Responsibility; Transfer to Association. Initially, the Common Areas, including Tracts B, C, D, E, F, G, H, J, and K shall be maintained by the Declarant pending transfer of ownership and management of the Common Areas to the Association pursuant to Article III, Section 3 hereof. Thereafter, a Property Manager shall be elected from among the three (3) Owners who are elected by a majority vote of a quorum of the Owners to the Association's Board of Directors. The Property Manager shall, with the advice and consent of the Board of Directors, be responsible for all maintenance of Lots, Townhomes and Common Areas as set forth herein, changing access codes for the security gate and providing notice of changed codes to the Owners and to the utility providers, etc. Implementation of the Property Manager's duties may be delegated by the Property Manager to professional maintenance providers with the approval of the Board of Directors. All maintenance herein shall be performed in accordance with the provisions of this Declaration. Notwithstanding any subsequent amendment to this Declaration, either Declarant nor DAKOTA MEADOWS, LLC, shall not be responsible for maintaining the Common Areas after it has transferred the ownership and management of the Common Areas to the Association as described in this Article VI, Section 4 and no Owner shall make a claim against such entities for the same. ARTICLE VII COVENANT FOR MAINTENANCE ASSESSMENTS Annual Assessments. The Association shall have the authority to levy annual assessments to pay all expenses associated with the Associations performance of its powers, duties, and responsibilities under this Declaration, as well as to pay all property taxes, lighting, insurance, maintenance, and other expenses incurred with respect to the common areas, Private Water Quality Facility and any areas the Association may agree (pursuant to an easement or otherwise) to maintain, and the improvements thereon. The amount of each Annual Assessment shall be determined in accordance with the Annual Operating Budget approved at the Board's annual meeting. The Association shall bill each Owner for each Owner's share of the assessments on an annual, quarterly or monthly basis, as the Board may determine. Each Owner shall pay any such assessment within 30 days after the date of billing. 2. Initial Assessment. The Initial Assessment shall be fifty dollars ($50.00) per month beginning on the first of the month following closing of the 13 sale (when fifty percent of the home sales have closed). The Initial Assessment shall remain in effect and Page 11 continue until Annual Assessment dues replace them following the Turnover Meeting at which time the Owner's shall vote on and approve an Annual Operating Budget for the Association (see Annual Operating Budget below) and the Date of Commencement of the Annual Assessment. 3. Special Assessments for Capital Improvements. Upon vote of the Owners in the manner hereinafter set forth, the Board of Directors may levy, in addition to Annual Assessments, a Special Assessment in any calendar year applicable to that year only, for the purpose of defraying in whole or in part the cost of construction or reconstruction or expected repair or replacement of a described capital improvement upon the Private Streets, and Common Areas, including necessary fixture and personal property related thereto. 4. Notices for Voting. Any Special Assessment or any change in the Annual Assessment, which would require a vote of the Owners, must have the assent of two thirds of the votes of the Members who are voting in person or by proxy at a meeting duly called for that purpose. Written notice of the meeting shall be delivered to all Owners, either by first class mail or by hand delivery to the Lot, at least 30 days in advance of the date of such meeting, setting forth the purpose of the meeting. 5. Date of Commencement of Annual Assessment. The Association Annual Assessment (annual dues) begins following the Turnover Meeting. This date shall be the "Date of Commencement of Annual Assessment ". Such Annual Assessment is prorated to a calendar year. The Annual Assessments for any year after the first year shall become due and payable on March 1 of such year for Owners of record as of the preceding December 31 of each year (the fiscal year of the Association shall be the calendar year and shall end on December 31 of each year). A. The amount of the Annual Assessment for the first year in which Annual Assessments are made (following Turnover) or for any property which becomes subject to assessment for the first time shall be prorated on a calendar year basis according to the date of the first Annual Assessment or the date on which property first became subject to assessment. B. The due date of any Special Assessment shall be fixed in the resolution authorizing such assessment. 6. Reserve Account. The Declarant or the Board of Directors of the association shall establish a reserve account for replacement of any items of Common Areas, Lots and Townhomes which normally require replacement, in whole or in part, in more than three years. Any reserve account established under this section shall be funded by assessments against the Lots or Townhomes for maintenance of items for which the reserves are established. The amounts assessed shall take into account the estimated remaining life of the items for which the reserve is created and the estimated replacement costs of those items. The reserve account shall be an interest - bearing money market account established in the name of the Association and further identified with the words "Reserve Account ". Page 12 A. The Declarant, prior to the turnover date, shall deposit to the Association's Reserve Account the sum of $2,500.00. B. The Association shall be responsible for administering the reserve account and to report to the Members, for their approval by a majority vote, the annual budget for additions to and subtractions from the reserve account. Assessments paid into the reserve account are the property of the Association and are not refundable to Members or sellers of Lots or Townhomes. 7. Annual Operating Budget. Following the turnover of management of the Association to the Class A Members, the Board of Directors shall prepare an Annual Operating Budget for approval by a majority of the membership vote. The budget shall fix the amount of the Annual Assessment against each Lot. The Board, through its Treasurer, shall give the Owners subject thereto written notice of such assessment at least 30 days in advance of the due date of such assessment. A. The Treasurer shall cause to be prepared a roster of the Lots subject to assessments with assessments applicable to each such Lot and shall keep such roster in the Board of Directors office subject to inspection by the Owners. The Treasurer, shall also have authority to require that Annual Assessments be paid in semiannual, quarterly or monthly installments. B. The Treasurer shall, upon demand at any time, furnish to any Owner liable for an assessment a written notice setting forth whether the assessments on the property owned by such Owner have been paid. C. Increase in the Annual Assessment. The Annual Assessment for any year after the first year following Turnover may be increased for the subsequent year without a vote of the Owners by no more than ten percent (10 %). 8. Creation of a Lien; Personal Obligation of Assessment. Each Owner of any Lot and Townhome by acceptance of the deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association, Annual Assessments and Special Assessments for the maintenance, repair or replacement of any portion of the Property subject to maintenance by the Association pursuant to this Declaration. Such assessments shall be fixed, established and collected from time to time as hereinafter provided. The Annual and Special Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be a personal obligation of the person who is the Owner of such property at the time when the assessment fell due. Such personal obligation shall not pass to his successors in title unless expressly assumed by them except in the event of passage of title by death or foreclosure in which case the lien for unpaid assessments shall survive the passage of title. 9. The Effect of Nonpayment of Assessments: A. Interest and Delinquency Charges. If an assessment is not paid on the due date, or within 30 days of the due date, such assessment shall become delinquent and Page 13 shall bear interest at the rate of 1.0% percent per month from such due date until paid. A late charge for extra services of 30% of the portion of the Initial, Annual Special Assessment not paid will be charged for each delinquent assessment. The Treasurer of the Association shall file in the office of the Washington County clerk within 90 days after such delinquency a statement of the amount of the delinquent assessments, together with interest and costs associated with collection, and lien recording fees, and a lien for such against the delinquent Owner's Lot. Upon payment in full thereof, the Treasurer shall execute and file a proper release of such lien. Such assessment with interest set forth above shall constitute a lien on such Lot from the date of filing notice of delinquency until the lien is released as herein provided. The Association may bring an action at law to enforce payment of a delinquent assessment against the Owner personally obligated to pay the same and may enforce such lien in the manner provided by law with respect to a lien on real property and, as an alternative option, may enforce such lien in the manner provided by law with respect to the foreclosure of mechanic's and materialmen's liens pursuant to ORS Chapter 87. B. Foreclosure. Any assessment which is unpaid for more than one year from the time it falls due shall be subject to foreclosure against the Lot and Townhome by the Association. C. Attorney Fees; Court Costs. In the event a judgement or decree is obtained in favor of the Association, the Owner shall be liable for the Association's court costs and disbursements and reasonable attorneys' fees to be fixed by the court, such costs, disbursements and attorneys' fees — to be further secured by such lien. No Owner may waive or otherwise escape liability for assessments by non -use of the Common Areas or abandonment of his Lot or Townhome. D. Suspension of Voting Rights; Acceleration. The Association may suspend such Owner's voting rights until such amounts, plus other charges under the Declaration, are paid in full and may declare all remaining periodic installments of any annual assessment or any other amounts owed by such Owner to the Association immediately due and payable. In no event, however, shall the Association deprive any Owner of access to or from such Owner's Lot. E. Lien; Foreclosure. The Association shall have a lien against each Lot for any assessment levied against the Lot and fines or other charges imposed under this Declaration or the Bylaws against the Owner of the Lot from the date on which the assessment, fine, or charge is due. The provisions regarding the attachment, notice, recordation, and duration of liens established on real property under ORS 97.352 to 87.382 shall apply to the Association's liens. The lien shall be enforced in accordance with the provisions regarding foreclosure of liens under ORS Chapter 88. The Association, through its duly authorized agents, may bid on the Lot at such foreclosure sale, and may acquire and hold, lien, mortgage, and convey the Lot. If any assessment is payable in installments, the full amount of the assessment is a lien from the date the first installment of the assessment becomes due. Page 14 F. Suit or Action. The Association may bring an action to recover a money judgement for unpaid assessments, fines, and charges under this Declaration or the Bylaws without foreclosing or waiving the lien described in paragraph (b) above. Recovery on any such action, however, shall operate to satisfy the lien, or portion thereof, for which recovery is made. G. Other remedies. The Association shall have any other remedy available to it by law or in equity. H. Enforcement and Attorney's fees. In the event the Association shall bring any suit or action to enforce this Declaration (including provisions pertaining to Architectural Design and Control) or the Bylaws, or to collect any money due hereunder or to foreclose a lien, the Owner- defendant shall pay to the Association all costs and expenses incurred by it in connection with such action, including a foreclosure title report, and the prevailing party in such suit or action shall recover such amount as the court may determine to be reasonable as attorney's fees at trial and upon appeal or petition review thereof. I. Nonexclusiveness and Accumulation of Remedies. An election by the Association to pursue a remedy provided for herein shall not prevent concurrent or subsequent exercise of another remedy permitted hereunder. The remedies provided herein are not exclusive but shall be in addition to all other remedies, including actions for damages and suits for injunctions and specific performance, available under the applicable law to the Association. 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herin shall be subordinate to the lien of any mortgage or deed of trust now or hereafter placed upon the property to which the lien attaches, except that a lien for a delinquent assessment which has been recorded as a lien against a Lot, together with all costs incurred in the collection and enforcement thereof, must be paid in full in order to extinguish said lien. Such a lien shall NOT be subordinated to any mortgage or deed trust arising from the refinance of a Lot or Townhome. Sale or transfer of any Lot or Townhome shall not affect the assessment lien and the Association's right to collect such. However, the sale or transfer of any Lot or Townhome which is subject to any mortgage or deed of trust, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof including sale under a deed of trust, shall extinguish any lien of an assessment which became a lien prior to such sale or transfer. Such sale or transfer shall not release such Lot or Townhome from liability from any assessments thereafter becoming due or from the lien thereof. 11. Exempt Property. The following real property subject to this Declaration shall be exempt from the assessments, charges and liens created herein: A. All property to the extent of any easement or other interest therein dedicated and accepted by a municipal corporation or other local public authority and devoted to public use. Page 15 B. All Common Areas. C. All Lots owned by the Declarant. ARTICLE VIII OBLIGATION TO REBUILD 1. Damage and Destruction Affecting Residences: Duty to Rebuild. If all or any portion of any residence is damaged or destroyed by fire or casualty, it shall be the duty of the Owner of said residence to rebuild, repair, reconstruct said residence, in a manner which will restore it substantially to its appearance and condition immediately prior to the casualty. 2. Time Limitation. The Owner or Owners of any damaged residence shall be obligated to proceed with all due diligence hereunder and shall commence reconstruction within six (6) months after the damage occurs and complete reconstruction within twelve (12) months after the damage occurs, unless prevented by causes beyond their reasonable control. A special assessment of $500.00 per month shall be levied upon any Owner (s) failing to comply with this provision, such special assessment to be levied for any month beyond the time frames contemplated under this section. ARTICLE IX GENERAL PROVISIONS 1. Duration and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable to the Owner of any Lot or Townhome subject to this Declaration or their respective legal representatives, heirs, successors and assigns for a term of ten (10) years from the date this Declaration is recorded. After such term such covenants and restrictions shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended at any time with the written consent of 2/3 of the then Owners of the Lots or Townhomes. Any amendments must be properly recorded. 2. Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering the Property under rights derived from an Owner shall comply with all provisions of these Declaration of Restrictions restricting or regulating the Owner's use and enjoyment of the Property and shall be liable to any Owner under Section 3 hereof as though an Owner. The Owner shall be responsible for obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by such Owner. 3. Arbitration. In the event of any dispute arising under the provisions of this Declaration, the parties shall agree to a mediator and attempt mediation to settle all claims. If Page 16 mediation does not resolve the dispute, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the dispute shall be arbitrated by the arbitrators so designated in accordance with the rules of the American Arbitration Association. The decision shall be by a majority of all the arbitrators and shall be binding on all parties thereto, their heirs, and assigns. There shall be no right of appeal, automatic or otherwise. The prevailing party shall be entitled to arbitration fees from the party not prevailing, including reasonable attorney's fees. The arbitration award may provide for injunctive relief, damages, or combination thereof. 4. Enforcement. Any owner shall have the right to apply to a court of competent jurisdiction for enforcement of the arbitration clause for temporary relief pending the outcome of arbitration. If an Owner fails to appoint a mediator or arbitrator within 21 days of receipt of notice of arbitration, an arbitrator may be appointed by the Court. Failure of any Owner to enforce any covenants or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 5. Indemnity. Notwithstanding any subsequent amendment to this Declaration, the Association shall indemnify, defend, and hold Declarant and Beacon Homes, Inc. and their respective shareholders, members, managers, directors, officers, employees, and agents harmless from and against any and all liabilities, claims, damages, causes of action, and expenses incurred arising out of or any way related to the Property. 6. Severability. Invalidation of any one of these covenants of restrictions by judgement or court decree shall in no way affect any other provisions which shall remain in full force and effect. 7. Amendment. This Declaration, or any provision thereof may be amended or repealed as provided by the written consent of 2 /3rds the Members. Page 17 IN WITNESS WHEREOF, the undersigned has caused this Declaration to be duly executed the day and year first above written. By: Peter A. Kusyk, President Beacon Homes, Inc. STATE OF OREGON ) ) County of ) This instrument was acknowledged before me this _ day of , by Peter A. Kusyk, President of Beacon Homes, Inc., a Managing Member of Dakota Meadows, an Oregon limited liability company, on behalf of the company. NOTARY PUBLIC FOR OREGON My Commission Expires: By: Kurt Dalbey, Vice President Beacon Homes, Inc. STATE OF OREGON ) ) County of ) This instrument was acknowledged before me this _ day of , by Kurt Dalbey, Vice President of Beacon Homes, Inc. a Managing Member of Dakota Meadows, an Oregon limited liability company, on behalf of the company. NOTARY PUBLIC FOR OREGON My Commission Expires: Page 18 PROPOSED LEGEND —240— 0 10' CONTOUR 2' CONTOUR GRAVEL CONSTRUCTION ENTRANCE PROPOSED TREE (HOGAN CEDAR) PROPOSED TREE (PIN OAK) • L 0TS 1 THRU 8 HAVE 10% TO 20% NATURAL SLOPES. • L 0TS 4 THRU 8 HAVE 20% AND HIGHER R NATURAL SLOPES. EXISTING TREE TO BE REMOVED EXISTING TREE TO REMAIN SCALE: 1" = 20' I V V NOTE: BARE ROOT PLANTING STOCK WILL BE USED THROUGHOUT. STANDARD PLANTING SPECIFICATIONS WILL BE FOLLOWED AND THE TREES WILL BE MAINTAINED FOR A PERIOD OF ONE YEAR. REFER TO TREE MITIGATION REPORT DATED 1/20/981 STREE (LITTL MIN. F.F. 2 '.5 129 124 128 . MIN. F F. 238.5 ow- vivzrvrizxr.marziasmirtgamma GRAD 6 WILL NOT I EXTENLP PAST BUILDING ENVELOPES >� w� 39 BUIL / NG SETBACK (TY') GRAVEL CONSTRUCTION ENTERANCE R `SIDENCF ARAGE EXIS BASEMENT 245.02 q 'l • 12 4 ,r F,11, ! . <N \ 4' WA T 2 72 x I/ L I7.00 N.T.S, : • U C" S. W LANDA • PLA SETBACKS OF LOTS 4 -8, RESP BIOFIL TER BAGS /S TRA W BALES-TEMPORARY CATCH BASIN PROTECTION 810 -BAG OR STRAW BALE 3 v - V ! • 1 V ✓ • v f r 8 00 36 37 1110 4 11 I ONSI TE CONSTRUCTION VEHICLE PARKING TO REMAIN WITHIN BUILDING TING TREE PRESER VA TION FENCING. I ( L_ F 9 +00 TREE LEAF L)NDENS) RADIUS = 25' MIN CLEAN PIT RUN OR 2" GRAVEL SUBGRADE REINFORCEMENT GEOTEXTILE, AS REQUIRED x 20' MIN. FOR SINGLE FAMILY AND DUPLEX RESIDENTIAL N.TS 8" MIN. DEPTH GRAVEL CONSTRUCTION ENTRANCE PROVIDE FULL WIDTH OF INGRESS /EGRESS AREAx 0 L() MIN F.F246.5 7 CATCH BASIN PROTECTION FILTER FABRIC MATERIAL (36" WIDE ROLLS), USE STAPLES OR WIRE RINGS TO ATTACH TO FABRIC WIRE. 2 " Y4" WOOD POSTS, STA,VDARD OR BETTER. (AL TERNA TE: STEEL FENCE POSTS) 6 0' I 2 lI AT 2 "X2" WIREFABRIC(14 GA), OR APPROVED EQUAL. IIIMMEMMEMNIMIAMUMMEMMUKEMOMMER 'u••Iui.u.u....uu . ii ii iiMO . .■■ ■■■■■■ ■■.9C■ ■ ■ ■■ ■ ■ ■ ■■ ■u. I■ ..■ ■ ■ ■ ■ ■■■■■■ ■■■■ ■■■■■ ■ ■■ ■■ ■■■■■■■■■ ■■ ■■■■■■ ■■ ■■■■■i V■ ■ ■■■■■ ■ ■■■■■■■■■■■■■i■ ■L ■■ ■■■■■ ■ ■■■■ ■■■■■■ ■ ■ ■ ■ ■■: .■■■■■■■■ ■■ ■■ ■ ■■■■■■■ ■■■■■ wommommommummummint MMOMMOMMOMSOMMOMMOMMEMER IMMOMMIMMISMOOMOMMEMMI 2 5' Lei NTS WIRE FABRIC FILTER FABRIC POST BURY BOTTOM OF FABRIC IN 8X12" TRENCH. —I 8 " MIN. SEDIMENT CONTROL FENCE i -OH C c3 (f) szz. d d R N f f C O 0 Z -- w gO e. °Q w o CO • •• i r-1 Z N ` r� — W (�I / J O 8 •r—I Z 3 co 0 O c CV tata eri• Tree Species Species Characteristics N.pa.ber of 2" dbh trees r --- , D ESIGNED: JMB General Mature Size Tlyard Wcods Dakota Meadows Pin oak (Quercus palustris) Tolerates wet soils, Good fall color. H - 50' I✓ - 35' 14 _ SPECIES Western redcedar (Thuja plicata) Native tree species. Good screeninq. H - 40' W - 30' , _ 40 Hogan cedar (Thuja plicata 'as tigia ta) Narrow form of native species. Good screening. H - 40' W - 12' 20 20" Oregon ash (Fraxinus latifolia) Native deciduous tree, adapted to wet areas. H - 40' W - 16' 65 60 PROPOSED LEGEND —240— 0 10' CONTOUR 2' CONTOUR GRAVEL CONSTRUCTION ENTRANCE PROPOSED TREE (HOGAN CEDAR) PROPOSED TREE (PIN OAK) • L 0TS 1 THRU 8 HAVE 10% TO 20% NATURAL SLOPES. • L 0TS 4 THRU 8 HAVE 20% AND HIGHER R NATURAL SLOPES. EXISTING TREE TO BE REMOVED EXISTING TREE TO REMAIN SCALE: 1" = 20' I V V NOTE: BARE ROOT PLANTING STOCK WILL BE USED THROUGHOUT. STANDARD PLANTING SPECIFICATIONS WILL BE FOLLOWED AND THE TREES WILL BE MAINTAINED FOR A PERIOD OF ONE YEAR. REFER TO TREE MITIGATION REPORT DATED 1/20/981 STREE (LITTL MIN. F.F. 2 '.5 129 124 128 . MIN. F F. 238.5 ow- vivzrvrizxr.marziasmirtgamma GRAD 6 WILL NOT I EXTENLP PAST BUILDING ENVELOPES >� w� 39 BUIL / NG SETBACK (TY') GRAVEL CONSTRUCTION ENTERANCE R `SIDENCF ARAGE EXIS BASEMENT 245.02 q 'l • 12 4 ,r F,11, ! . <N \ 4' WA T 2 72 x I/ L I7.00 N.T.S, : • U C" S. W LANDA • PLA SETBACKS OF LOTS 4 -8, RESP BIOFIL TER BAGS /S TRA W BALES-TEMPORARY CATCH BASIN PROTECTION 810 -BAG OR STRAW BALE 3 v - V ! • 1 V ✓ • v f r 8 00 36 37 1110 4 11 I ONSI TE CONSTRUCTION VEHICLE PARKING TO REMAIN WITHIN BUILDING TING TREE PRESER VA TION FENCING. I ( L_ F 9 +00 TREE LEAF L)NDENS) RADIUS = 25' MIN CLEAN PIT RUN OR 2" GRAVEL SUBGRADE REINFORCEMENT GEOTEXTILE, AS REQUIRED x 20' MIN. FOR SINGLE FAMILY AND DUPLEX RESIDENTIAL N.TS 8" MIN. DEPTH GRAVEL CONSTRUCTION ENTRANCE PROVIDE FULL WIDTH OF INGRESS /EGRESS AREAx 0 L() MIN F.F246.5 7 CATCH BASIN PROTECTION FILTER FABRIC MATERIAL (36" WIDE ROLLS), USE STAPLES OR WIRE RINGS TO ATTACH TO FABRIC WIRE. 2 " Y4" WOOD POSTS, STA,VDARD OR BETTER. (AL TERNA TE: STEEL FENCE POSTS) 6 0' I 2 lI AT 2 "X2" WIREFABRIC(14 GA), OR APPROVED EQUAL. IIIMMEMMEMNIMIAMUMMEMMUKEMOMMER 'u••Iui.u.u....uu . ii ii iiMO . .■■ ■■■■■■ ■■.9C■ ■ ■ ■■ ■ ■ ■ ■■ ■u. I■ ..■ ■ ■ ■ ■ ■■■■■■ ■■■■ ■■■■■ ■ ■■ ■■ ■■■■■■■■■ ■■ ■■■■■■ ■■ ■■■■■i V■ ■ ■■■■■ ■ ■■■■■■■■■■■■■i■ ■L ■■ ■■■■■ ■ ■■■■ ■■■■■■ ■ ■ ■ ■ ■■: .■■■■■■■■ ■■ ■■ ■ ■■■■■■■ ■■■■■ wommommommummummint MMOMMOMMOMSOMMOMMOMMEMER IMMOMMIMMISMOOMOMMEMMI 2 5' Lei NTS WIRE FABRIC FILTER FABRIC POST BURY BOTTOM OF FABRIC IN 8X12" TRENCH. —I 8 " MIN. SEDIMENT CONTROL FENCE i -OH C c3 (f) szz. d d R N f f C O 0 Z -- w gO e. °Q w o CO • •• i r-1 Z N ` r� — W (�I / J O 8 •r—I Z 3 co 0 O c CV tata eri• TREE IDENTIFICA T/Ol) TABLE ( TREES TO BE REMOVED ARE SHADED I I r --- , D ESIGNED: JMB DRAWN: JMB CHECKED: AOR SPECIES SIZE TREE NO. SPECIES SIZE TREE NO. SPECIES SIZE TREE NO. SPECIES SIZE TREE NO. SPICES SIZE TREE NO. 1 OF 20" 33 OA 10" 65 C 12" 97 OF 16" 129 DF 16" 98 WRC 16" 130 M 8" 2 OF 4 0" 34 RA 14" 66 C 16" 3 DF 36" 35 H 12" 67 A 10" 99 WRC 18" 131 OF 16" 100 OF 36" 132 WRC 14 4 OF 36" 36 WRC 8" 68 A 10" li 10" 37 WRC 8" 69 OF 12" 101 OF 36" 133 C 12" 5 6 WRC 24" 38 WRC 8" 70 C 10" 102 OF 12" TREE LEGEND 7 WRC 10" 39 SM 16" 71 C 10" 103 OF 20" 104 OF 14" OF = Pseudotsuga menziesii ( DOUGLAS FIR ) M = Acer macrophyllum ( BIGLEAF MAPLE I WRC = Thuja plicata ( WESTERN RED : EOAR ) RA = Alnus rubra ( RED ALDER ) C= Prunus emarignnata ( BIT TER CHERR f ) L = Umbellularra calbfornrca (CALIFORNIA LA I LOC= Gleditsla triacanthos ( HONEY LOCUST I OA = Fraxinus latifolia ( OREGON ASH 1 H = Tsuga canadens's ( EASTERN HEMLOCK I SM = Acer saccharinum ( SILVER MAPLE 1 A = Malnus (APPLE ) 8 WRC 8" 4C M 10" 72 C 16" 9 WRC 38" 41 PA 8'` 73 OF 12" 105 OF 24" 10 WRC 30" 42 RA 8" 74 OF 12 ' 106 WRC 18" 11 WRC 26" 43 WRC 14 " 75 WRC 16' 107 OF 10" 108 C 6" 12 DF 28" 44 WRC 48" 76 WRC 10" 13 WRC 16" 45 WRC 30" 77 WRC 28 109 C 16" 14 OF 30" 46 WRC 8" 78 OF 32" 110 C 18" 15 OF 28" 47 RA 12" 79 WRC 16" 111 C 18" 112 WRC 28" 16 OF 16" 48 RA 8" 80 OF 10" 17 OF 18" 49 RA 14" 81 OF 18" .. 113 C 10" 18 OF 28" 50 RA 10" 82 OF 14 " 114 OF 36" 19 DF 30" 51 OF 20" 83 OF 14 115 WRC 40" 116 WRC 28" 20 H 8" 52 DF 8" 84 WRC 16" 21 RA 10" 53 RA 16" 85 DE 2r 117 WRC 12' 118 DF 30" 22 C 10" 54 RA 16" 86 WRC 16" 119 WRC 18" 23 L 12" 55 N 18" 87 WRC 23' 24 OF 36" 56 RA 8" 88 OF 16" 120 WRC 12" 25 OF 28" 57 RA 10" 89 OF 28" , 121 WRC 16" 26 OF 28" 58 N 18" 90 OF 10" 122 WRC 16" 123 WRC 16" 27 OF 16" 59 RA 16" 91 OF 16 28 OF 36" 60 OF 16" 92 IV 10 ' 124 DF 28" 29 WRC 16" 61 C 10" 93 WRC 1., " 125 M 10" 30 WRC 18" 62 A 12" 94 OF 12' 126 DF 28" 31 LOC 12" 63 A 10" 95 OF 24" 127 WRC 22" 32 WRC 28" 64 C 10" 95 OF 10 ' 128 OF 28" PROPOSED LEGEND —240— 0 10' CONTOUR 2' CONTOUR GRAVEL CONSTRUCTION ENTRANCE PROPOSED TREE (HOGAN CEDAR) PROPOSED TREE (PIN OAK) • L 0TS 1 THRU 8 HAVE 10% TO 20% NATURAL SLOPES. • L 0TS 4 THRU 8 HAVE 20% AND HIGHER R NATURAL SLOPES. EXISTING TREE TO BE REMOVED EXISTING TREE TO REMAIN SCALE: 1" = 20' I V V NOTE: BARE ROOT PLANTING STOCK WILL BE USED THROUGHOUT. STANDARD PLANTING SPECIFICATIONS WILL BE FOLLOWED AND THE TREES WILL BE MAINTAINED FOR A PERIOD OF ONE YEAR. REFER TO TREE MITIGATION REPORT DATED 1/20/981 STREE (LITTL MIN. F.F. 2 '.5 129 124 128 . MIN. F F. 238.5 ow- vivzrvrizxr.marziasmirtgamma GRAD 6 WILL NOT I EXTENLP PAST BUILDING ENVELOPES >� w� 39 BUIL / NG SETBACK (TY') GRAVEL CONSTRUCTION ENTERANCE R `SIDENCF ARAGE EXIS BASEMENT 245.02 q 'l • 12 4 ,r F,11, ! . <N \ 4' WA T 2 72 x I/ L I7.00 N.T.S, : • U C" S. W LANDA • PLA SETBACKS OF LOTS 4 -8, RESP BIOFIL TER BAGS /S TRA W BALES-TEMPORARY CATCH BASIN PROTECTION 810 -BAG OR STRAW BALE 3 v - V ! • 1 V ✓ • v f r 8 00 36 37 1110 4 11 I ONSI TE CONSTRUCTION VEHICLE PARKING TO REMAIN WITHIN BUILDING TING TREE PRESER VA TION FENCING. I ( L_ F 9 +00 TREE LEAF L)NDENS) RADIUS = 25' MIN CLEAN PIT RUN OR 2" GRAVEL SUBGRADE REINFORCEMENT GEOTEXTILE, AS REQUIRED x 20' MIN. FOR SINGLE FAMILY AND DUPLEX RESIDENTIAL N.TS 8" MIN. DEPTH GRAVEL CONSTRUCTION ENTRANCE PROVIDE FULL WIDTH OF INGRESS /EGRESS AREAx 0 L() MIN F.F246.5 7 CATCH BASIN PROTECTION FILTER FABRIC MATERIAL (36" WIDE ROLLS), USE STAPLES OR WIRE RINGS TO ATTACH TO FABRIC WIRE. 2 " Y4" WOOD POSTS, STA,VDARD OR BETTER. (AL TERNA TE: STEEL FENCE POSTS) 6 0' I 2 lI AT 2 "X2" WIREFABRIC(14 GA), OR APPROVED EQUAL. IIIMMEMMEMNIMIAMUMMEMMUKEMOMMER 'u••Iui.u.u....uu . ii ii iiMO . .■■ ■■■■■■ ■■.9C■ ■ ■ ■■ ■ ■ ■ ■■ ■u. I■ ..■ ■ ■ ■ ■ ■■■■■■ ■■■■ ■■■■■ ■ ■■ ■■ ■■■■■■■■■ ■■ ■■■■■■ ■■ ■■■■■i V■ ■ ■■■■■ ■ ■■■■■■■■■■■■■i■ ■L ■■ ■■■■■ ■ ■■■■ ■■■■■■ ■ ■ ■ ■ ■■: .■■■■■■■■ ■■ ■■ ■ ■■■■■■■ ■■■■■ wommommommummummint MMOMMOMMOMSOMMOMMOMMEMER IMMOMMIMMISMOOMOMMEMMI 2 5' Lei NTS WIRE FABRIC FILTER FABRIC POST BURY BOTTOM OF FABRIC IN 8X12" TRENCH. —I 8 " MIN. SEDIMENT CONTROL FENCE i -OH C c3 (f) szz. d d R N f f C O 0 Z -- w gO e. °Q w o CO • •• i r-1 Z N ` r� — W (�I / J O 8 •r—I Z 3 co 0 O c CV tata eri• r 1∎ 4 ;+ O' OREG r , awr_ z ' ,.. 5 7. 0 . RIGHE \ -\ \ 1 I r --- , D ESIGNED: JMB DRAWN: JMB CHECKED: AOR T --96/007E a1d0 NOI1dI83S3G (/) z 0 _ l > I, W cc _ —, '0N I 31V0 SHEET NO, 6 OF o JOB NO. BH/ -30 PROPOSED LEGEND —240— 0 10' CONTOUR 2' CONTOUR GRAVEL CONSTRUCTION ENTRANCE PROPOSED TREE (HOGAN CEDAR) PROPOSED TREE (PIN OAK) • L 0TS 1 THRU 8 HAVE 10% TO 20% NATURAL SLOPES. • L 0TS 4 THRU 8 HAVE 20% AND HIGHER R NATURAL SLOPES. EXISTING TREE TO BE REMOVED EXISTING TREE TO REMAIN SCALE: 1" = 20' I V V NOTE: BARE ROOT PLANTING STOCK WILL BE USED THROUGHOUT. STANDARD PLANTING SPECIFICATIONS WILL BE FOLLOWED AND THE TREES WILL BE MAINTAINED FOR A PERIOD OF ONE YEAR. REFER TO TREE MITIGATION REPORT DATED 1/20/981 STREE (LITTL MIN. F.F. 2 '.5 129 124 128 . MIN. F F. 238.5 ow- vivzrvrizxr.marziasmirtgamma GRAD 6 WILL NOT I EXTENLP PAST BUILDING ENVELOPES >� w� 39 BUIL / NG SETBACK (TY') GRAVEL CONSTRUCTION ENTERANCE R `SIDENCF ARAGE EXIS BASEMENT 245.02 q 'l • 12 4 ,r F,11, ! . <N \ 4' WA T 2 72 x I/ L I7.00 N.T.S, : • U C" S. W LANDA • PLA SETBACKS OF LOTS 4 -8, RESP BIOFIL TER BAGS /S TRA W BALES-TEMPORARY CATCH BASIN PROTECTION 810 -BAG OR STRAW BALE 3 v - V ! • 1 V ✓ • v f r 8 00 36 37 1110 4 11 I ONSI TE CONSTRUCTION VEHICLE PARKING TO REMAIN WITHIN BUILDING TING TREE PRESER VA TION FENCING. I ( L_ F 9 +00 TREE LEAF L)NDENS) RADIUS = 25' MIN CLEAN PIT RUN OR 2" GRAVEL SUBGRADE REINFORCEMENT GEOTEXTILE, AS REQUIRED x 20' MIN. FOR SINGLE FAMILY AND DUPLEX RESIDENTIAL N.TS 8" MIN. DEPTH GRAVEL CONSTRUCTION ENTRANCE PROVIDE FULL WIDTH OF INGRESS /EGRESS AREAx 0 L() MIN F.F246.5 7 CATCH BASIN PROTECTION FILTER FABRIC MATERIAL (36" WIDE ROLLS), USE STAPLES OR WIRE RINGS TO ATTACH TO FABRIC WIRE. 2 " Y4" WOOD POSTS, STA,VDARD OR BETTER. (AL TERNA TE: STEEL FENCE POSTS) 6 0' I 2 lI AT 2 "X2" WIREFABRIC(14 GA), OR APPROVED EQUAL. IIIMMEMMEMNIMIAMUMMEMMUKEMOMMER 'u••Iui.u.u....uu . ii ii iiMO . .■■ ■■■■■■ ■■.9C■ ■ ■ ■■ ■ ■ ■ ■■ ■u. I■ ..■ ■ ■ ■ ■ ■■■■■■ ■■■■ ■■■■■ ■ ■■ ■■ ■■■■■■■■■ ■■ ■■■■■■ ■■ ■■■■■i V■ ■ ■■■■■ ■ ■■■■■■■■■■■■■i■ ■L ■■ ■■■■■ ■ ■■■■ ■■■■■■ ■ ■ ■ ■ ■■: .■■■■■■■■ ■■ ■■ ■ ■■■■■■■ ■■■■■ wommommommummummint MMOMMOMMOMSOMMOMMOMMEMER IMMOMMIMMISMOOMOMMEMMI 2 5' Lei NTS WIRE FABRIC FILTER FABRIC POST BURY BOTTOM OF FABRIC IN 8X12" TRENCH. —I 8 " MIN. SEDIMENT CONTROL FENCE i -OH C c3 (f) szz. d d R N f f C O 0 Z -- w gO e. °Q w o CO • •• i r-1 Z N ` r� — W (�I / J O 8 •r—I Z 3 co 0 O c CV tata eri• F A - a . . ,. , .: , ,_, _ . ., . . ... ......., . _ .r. • ... , ' - WO Ob S , . '' • :.-- ' ' ,- ' NUN- ' II . .. . LAND -- :._4-: DIVISION . APPLICATION . ,.,. .. _.___ „--,.,:.-.. . , . .. ,__,. ,, . . _ ..,... • . ..._ i. ... , .. .. . ._ ,....,...,, . ,-----, . L''h ` .. , _ , . . . .. , . - ,.... ,, . Ir.., , , . . •,. t. ... _... . . .,.. • 1 , ....., _.. _ :„..,,,, + ` I;i - - . ' .'- _"- ., ..' : .,,''--, ' .---' F , r. , :, ..,-..' ft MW00D S T _ _ _ \ BEA VFRTON, .OREGON 97008 - -- — (503) 524-1999 -199 . , , .. l _ ■ \..__________ . , , . . . _ ., „ , ,. , , 1 BARBARA LN . . , - ' . . i .' �--SI - -_. , . ENGINEER _ HARPER RIGHELL/S, Inc. ' 5200 S.W. MACADAM AVENUE g - - —t S UITE 58D tra f I ^ J _ - - / - - - PORTL AND, OREGON 97201 = ig - R HEMLOCK ST _ _ _ I (503) 221 -1131 - - -- , I t _.. ... 0 ... - - - 01 9 . ,-, : - - • M ., '° - ■ F _ SCALE. _ 200' SURVEYOR G & L LAND SURVEYING, Inc. 8116 NIMBUS AVENUE BEA VERTON, • - - - OREGON 97008 • 'I Imo.:.' - - - - - - 1 (503) 641-0308 . LARCH ST , , :• • c - t . — __. -. ; ...: ' + VENTURA DR • , , _ I E y L ANDAU ST - - -- - - - . PROPERT DESCRIPTION TION + - - LEGAL DESCRIPT /ON: 1S1 25C0-4000 1 + 1 1 1 , 1 1 I 1 I 1 , ZONING: R -4.5 • :: _ . ° - - - — - - 4 _ PARCEL SIZE: 1.4 0 ACRES ,. ,.. _ .. .. , , USE 8 LOTS • 1 , 1 + II , ... . , - i 1 . I I 1 Iii . , s''': \ :k , ° °. ,, SHEET INDEX --� 2 iJ cr sr - - 1 TITLE SHEET / CIRCULATION PLAN - ' ` ' J ' ' ' 2 EXISTING CONDITIONS t �`'� `� - T7 T IIJII 3 TENT. T/VE PLAT ''� . I s 1 . . , , , , . .. _ . _, , _ - 4 P.U.O. PLAN ft-, _ - - 5 STREET, PROf/LES :.,,,_ - - ' 1 6 GR A DI 7 ;RAINAcE AND • j I. . i ,,_,__:,._,.,,...‘,, I + 1 i � 1 " 1 7 UTILI • 4. J + 8 UTILITIES PROFILES 9 TREE" REMOVAL AND MITIGATION PLAN - CIRCULATION' PLAN DE SIGNED: i ., • , . MB: ( arper SHEET NO D RAWN TITLE` SHEET / CIRCULATION PLAN _ = r, , . . . • . .. _ . . . . .. _ - , ° • - , FM - • h�1lis I n c. • . • = CH ECKED E N 0' i N E E R $ - T IGARD " F - t . ° , - woo ®s A pR DATE N0. DESCRIPTION . ., 5200 SW MACADAM AVENUE, SPITE 580, PORTLAND., OR 97201 r r /�T (503) 221-1131 FAX (503) 221 -,,�, TlGARf ; URECiON' r. R" E V 1 S I • 0 N' S' 16/6/ JQB N0: 't • a ..� , _ _ g. . - -_, __ °._ - a mod_ _..._.:3..__z .. ...._. : ._ , ... � - [ - • EXISTING L EGENd , { . ^ t _ • C O VAL yE � - SPRINKLER IRRIGATIN _ SAN - . _ l � .. :€ TE PEDESTAL SCALE: 1" = 30' \ _ E;.,,� `e �' l � ' '. '� - ' -; , • - _ w """ . '. { `= a '°' �• - +-----; :�":--- -s '� .w- r ..., -... - • GAS LINE r y , :• " - I !i i j "r F :• 1 - w 0 f .- R - • - , _ _ .' _ t � ` l/ - WATER LI -- f . w _ _ ( _ d L � f 1 OKAY - OVERHEAD WIRE gyp , \ +� I i J L A ND� U PL A C _ I _ w _ r ._ —SAN- -•-� - SANITARY SEWER LINE °�� J � I� 4 # 1 \ 1 � i . . �. 112 c' - : < . o 2 �Z ^ .i fs ' WY 1 '� ""' / t 3 7 ( � x $ °� *4"."'"'""44:.23.--A. 10 }� � 86 Le 53 y s i r .; :• 2 5 4 .' 1 -%.: :( 1. i , e . *. `'� 171 -f09 *'`� p 85 . i ,: 56 25� X 54 46 1 28 F SCR Tt�NS k P. �, f -IL— : Q (� F CA Tat BASIN •< 84 , ..' < �� `k - N 24 91 �; , it 108 �; ' a .i 52 1 :- . , , t - . t t.. N SAN ITARY MA NHOLE r / - 1 `t` p L, ,92 `5 • .57 �' `N: • ";`26 r F 1 C OH- [UNLESS NOTED OTHERWISE) i� ' 107 - y x '8 3 �,� ` 1 ' " 22 �` \ Q � j s • ( 1 r � i 105 �-. .,a s�' w ii \ f 47 a STORM MANHOLE l 1+ �� \ ,l . (i 5 ► � - its - 1 - CABLE T£CEVISION RISER i Z + „-:'..- NZ„R:f � N,c r i.. , . . i R { 48 X42 r f t , Al i ` �, 7—' , .� . 114 ' � `'� 94 '� ,,`.� �� 4 I \ - 4-R _ I - )4----, S STREE LIGHT �, 115 10 j \ `� ` 16 I 41 A 1 116 14: 79`;' .0 . 78 45 .1 & _ I GAS METER ¢ 11 :` l �95 /` f � 1 59 ' *`3 Z, }' 3 '` _ ° -..-,3../ ?-'. I 1 ' , i. ,„_ _ 1".„. ---. : GAS VALVE - c � ._ , 75 -a� 6 s r � \ ` � � � ` it,„....., I ' ' " 20 � ! ` , • r, .f 1.97 R S?O r '' - P MP i4O C:NCE r �j ` • ' • ( - DECIDUOUS TRE 1 ail \ 10 . :. :„ v :!' ` , ( , ' ;�= ; � ,3 \ \ `;i' <y� (.. • �t t TREE �' �^�y � 127 _ �? w,� : x .r. / � 1[ [ ` it: 39 '• w Ra t t 10 102 j - f j RAGE , . - `- ? GRADE OR I IN 1 Q ? \ fi r ; ' :GREATER I 1 4 - I �t - �-- X FENCE LINE '`' .', . , • I a : ,P.„..-.5.4'...f.\,. '� 130 .s 7 � . ) ' , ; f,* J • / 1._. N . ¥, - 3 _ - ^ 1 1 _ ; - {} u rr tlTY P otE E ! 2 1 128 129 r ^. I � • x'67 63 62 0 I I I ; �� ti _ _ _ 128 1 NJ 6 8 _ GUY AN CHOR '` ` � I / 1 y � 1 • 3 I o 1 �'` ; ' "' _ 131 y t '^6��5` I � D - MAIL BOX j ' 125 t :; V 6 `' ) ; i � 1 , WATER METER `' ; ,, °' ' 1 ` -- ` > Z \ \ J �' <" . . 1 1 � ; j ` 1 37 F " . ` , I TRAFFIC SIGNAL BOX 132 :C�.` 133 7 2 -` 65 �• .' 4 38.: ____\[:_. r _ • - EXISTING ASPHAL T _ CO 33 E _ 371 62' "' ; S 8 / ' +, ` '' m - EX ISTING tONfRf TE �: t ° .� .---_,.,-<.: i -• , - ct - EXIS TING BUILDINGS DINGS % -- ..._- ._,..t. I I TREE IQENTIfICA TION TABL E • i, ' -- - . ° -} _ -. - - - . TREE NO. SPECIES SIZE TREE NO. SPECIES SIZE TREE NO SPECIES SIZE TREE NO SPECIES SIZE TREE NO. SPECIES SIZE - ` I' Of 20" 33 0,4 10" 65 C 12" 97 OF 16" 129 Of 16" • . 2 OF - - 40" - 34 . RA 14" 66 C - - 16" - 98 - WRC 16 " 130 M 8" , • 3 Df 3 6" 35 N 12" 67 A 10" 99 WRC 18" f31 OF 16" - 4 DF 36' 36 WRC 8" 68 A ' 10" 100 Of 36" - 132 ,WRC 14" ` - - 5 M 10" - 37 WRC 8" 69 Of 12" 101 Of ' 36" - 133 , C , 12" - ,. • - 6 WRC 2 4" 38 WRC 8" - 70 C 10" 102 Of 12 - 7 WRC ro" 39 SLY 16" 7t C 10" 103 Of y 2o ~_ TREE LEGEND - - -- • 8 WRC 8" - 40 M 10" 72 C - 16" 104 OF 14" - 9 - ' WRC 38" 41 RA 8" 73 Of ` 12" 105 Of 24" Of = Pseudotsuga menziesi, - . . , " 10 WRC 30" 42 • ^ - .RA 8" 74 Of 12" 106 WRC• 18" I DOUGLAS FIR I - _ _ ' - ' - 11 WRC 26" 43 • WRC ` 14" 75' WRC 16" 107 OF 10" M = Acer macrophyllum . - 12 Of .- ' 28" 44 WRC. 48" 76' WRC 10" 108 C 6" I BIGt EAF MAPLE 1 , 13 WRC 16" 45 WRC 30" 77 WRC 28" 109 C 16 "- WRC = - Thuja plicata - . - 14 - Of ^ 30" - 46 ' WRC 8" 78 OF . 3Z" . ,110 C 18" I WESTERN RED CEDAR 1 ' . 1S Of 28" 47 RA 12" 79 ' WRC 16" 111 C 18" RA = Alnus rubra • , 16 . ' Of 16" 48 RA 8" $0 Of 10" 112 WRC 28" ( RED ALDER 1 ` 17 Of 18" 49 RA 14" 81 OF 18" 113 C 10" - C = Prunus emariginata - „ t ' 18 Of - 28" 50 - RA 10" 82 Of 14" 114 Of 36" ( BITTER CHERRY 1 - - - 19 Of • 30" 51 • Dl 20" 83 Of 14" 115 WRC 40" L = Umbellularia ta6fornica - " _ _ - 20 ° • M • . 8" 52 ' Of 8" 84 WRC ` 16" 116 WRC 28" (• C LAUREL 1 . 21 RA 10 "• 53 RA 16" 85 Of 22" 117 WRC- f ? "_ LOC = Gtedrtsia triacanthos _ = ?? C 10" 54 RA 16" 86 WRC 16" 118 Df 30" I HONEY LOCUST 1 S 23 L " 12" 55 M 18" 87 WRC 2$" 119 WRC 18" OA = fraxinus latifolia ' - •. • - 24 OF 36" 56 RA 8" " 88 DF - 16" 120 WRC 12" I OREGON ASH 1 - - - I • ' 25 Df . - 28" 57 " - RA 10" 89 • OF 28" 121 WRC 16" H = Tsuga canadensis • • 26 ' Of 28" 58 M 18" 9D ^ DF ` 10" 122 WRC • 16" ( EASTE HEMLOCK ) - - - i... - 27 Of . 16" 59 " ' RA 16" 91 • DF 16" 123 WRC 16 "' RI = Ater saccharinum ` " 28 Df 36" 60` • Dr 16" 92 - -, M - 10" 124 Of 28" r 94 VCR MAPLE 1 h 29 - WRC 61 . C - 10 "_ 93 - WRC 14 ". ` 125 M — 10" A = Malnus ' a , : _ 30 I. WRC 18" ` 62 < . ' A 12" 94 Of 12" _ 126 - -OF . 28" I APPLE 1 . i 31 ° LOC - 12 "- 63 A, 10" 95 DF 24" 117 - WRC 22" • - -? ` - 32 WRC 28 "t - 64 C fd" 96 DF 10" 128 DF _ ?8" _ - D ESIGNED. FMB SHEEN NO K � { DRAWL EXISTING Tl4N.� - ,- ,. _ . .,MB ighellls, Inc. .. . , . . .. . _ , -_ . CHECKED: " N c f N E E R RD W �QDS Y DAfiE NO. DESCRIPTION ' ' 5200 SW MACADAN SUITE 580, PORTiJ+ND, OR 97201 • • • - (503) 221 -1131 FAX (503) 221-1171 T /G!'i R ` D � OREGON G ON - , r . � - DATE. , , 1l /6/9 (181-36 • FF - - sue - , .. -- _ ____- , ., ., . s > - i,..,:„.', _ . s . • . "_ a. ._.,_ ;.. ',',1".: -_ .. __. __ _ ..- ._ "_.__ -_.- - _ __. :._. _ _ — __.._ .Y • _� ` ,- z . e _ " __ ';'::1-s. - — — : ,..,' _ '. ,. ' ff - - DEDICATE RIGHT -Of -WAY - - - - - ',. - •, ' DEDICATE RIGHT -OF -WAY - ■ ' !' i �--. ` FOR 20' RADIUS ---7-0— • �• - -1 , y r _ IL. i - - --- - - ---- - -r -- - _. : ' - -- - -- -- F - ■ • !_ �" "" .- ` a - • a • i • - T • .Y. F y • x S L A N a . W LANDAU PLACE n. �' •: — — — — — , SCALE: r = 30a+ _ I ! * / � � ' " } '� 25 D ` 50 0' S0 0' —al ----- s , . .._ x ,...,,,14„_. I [' I ` :s ; ' 25 I 50 D' SO 0' 1017 - x a...r . _ . J 1 I / I t • 1 I I '- : :: .... ' ......,.. I 1 1 Iv Q I - i i 1 I I 1 ' 1 t 3 I Q; I II I 1 I t t d,64S SF v 1` , _ r I 3 v I I I I 80 0 _ I I 1 1 I r t��� 31 f .. , _ . . , , .. . . , . . „ . I 1 I I I �I I . I 1 1 I I 5 I I RE S +D f.A CE ♦ 11 f $, 254 S F 1 PUMP HOUSE I � 2 I I . I 8 TO BE REM 1 _ I I 4 4 6,782 S I° itC,..3, ' I 6 8,20 Sf I I 1 1\ i 5�� o I . ..- . : .. .- .,... , W I I 1 I 8 SF I v ' 8, 254 S F I 1 I 1 . - • . , . .. I I 8,154 S f I I I . . I ( 1 I ` ` I I I GA R.4 eF 1116' 1 . , . .. . ..c . I . , . . _ . . - . t , _ . ,, . . ,., . . , 1 `' i i t TO BE REMOVED p I I I I 0 - + I I 1 i L _ %\,7 . s , - ,-.., _ : ,, .,,,, I I I I i t 1 j N �^ b, 56 8 S f. I_ 3 I I I I I , --,e _ _.,_ x K.-- 1 4 _—* 1216 1 , _ . _ ..... . ., . . . . „ . - . . , ... , , , . • , • _ . 1 - : ,. , I • I ,.; ": ;_ • AREA BREAKDOWN , . , r ° . ` LOTS .. 61,219 S. 1 . RIGHT OF WA Y 134 S.F TOTAL 61 SF: - .. • < , • x , _ DESIGNED. . . , - _ . . JM 1 SHEET NO,' " , , . :, ... . . . . . ... , DRAWN : _ T EN TA TI V E P - LA T ° a J , „.. , 1 hellls , , . . . ..... Inc. c , , , . , , . E N O 1 WO , 6 S R , . • T A Q - CHCKD R DA 5200 S W MACADAM AVENUE, SUITE 580, PORTLAND, OR 97201 , x T� N0. DESCRIPTION - a s 1 -11 5b3 2 31 2 FAX 503 21 1171 2 I /G R AR 4 , T t G N t : O S I 0 S ' - 10 /6/01 • , , - , - , t , , . 811 1 , . _ -, , , , - ,. - a TTY , - v - . , ., • _ .. l $ • 3. - =$� r , e .. s .. �- t 5 - - . : V t - .r - , s `- - • ♦F -' f 34 D fD1tAT E RIGHT Of -WAY t I ° f,.., - _ . , '3 - . ,; e . - - tO.OQ LANDAU ST.: j - f I � �' dJ NI i,� I I - i 1 ` 9 j „ 1j i ' , [ , 1 . , ,3 3. , , : . ,-'\ , �< �. DEO1tATE RIGHT -OP /4Y _ m . , OMB r _ ■ a"� s ow.. QM/. .- r — r �T- fOR 10' RADIUS il - , v f H .-, 1 A y , . � - '"'°.'4tC:,:X - . r • . k SCALE: c ; 3 .00 7.00 S. W LANDAU PLACE a +Da = - 6 S A • 9 +DO t ° I • . 411 MEI •'• ' Ir- ' • . • • • * ''' ' '• - •, • ' . ° " .. -: ' •• II .'' s-' 111 - ,. 3 ' . ' 500 t i ' � 5 e ► a 1 � i ■ • t , ,• S D' O1 • v • s Ill I ' - 2 - . I '7 _ :ws t M ` I • v r • r PT T 9S LANDAU PL T R i c� i' d V a v PC. 9+57 95 LANDAU Sr; 1T' Lf. 5 +94519, 17.1T RT. L?!V U PL I I + , � 1 y ' . # I l ' END CONSTRUCTION i i r I �} 1 - r 4 I I f • 4 365 , F S . cs. , .l I . I I L— • I L_ 8QO _ 1 1 318' lit L J I L J ^I I S \ � 4, 1 8.154 5f 1 , 1 t.. 2- °o 1 - 8 TO BE REMOVED ' I I I 4 I `" 6, 782 S f . .' 8, ?08 S f I I 6 r 1 8 ���\ \ \ \�\� ;� A 1 I 8 Sf 1 L , 154 Sf I 1 ►, f I J t L j 1 Q �, ,. - I 8, Z54 S f I I \\\\\�\ , • a . • a • . . i . .. , . - I I I BUILDING SETBACK + — _ _ 1216' ~ _ _ f~# ! ITYPI rr t " I I-.— : --i ' y. • !. 1 I I 1 1 1 TO BE REMOVED S.S' F . I t - - 1 �, 1-'- 1 ' 'I I I - I I 1 ^ bsbBS 1 I I • I I I i 8.09 BB, 1T' 4T. LANDAU ST. • . _ — — BEGIN CONSTRUCT , I , ' w 50 0 x 50 0' ..._, 50 0' S0 D' S0 D' L 1 • , . K a H..— — • >i _ ._ 1216' " i � � ....--,............, ,..,• ,,,—•• . , - 1,P"- : , :, , - - . ,_ , - - - - 1 YARD SETBACKS _ I r • LOT FRONT REAR_ SIDE �, `A ' NUMBER LOT LOT LINE LO TLINE ' - I � • ' ? 20• 15' 5' 3 20' 15 S' N 4 20' To• To• s+ DRIVEWAY LOCATIONS SHOWN ARE ANTICIPATED BUT SUBJECT TO CHANGE. + ` _ • s , s 20 e - - - - 6 20 90' S - - — _ 8 20' 93' s' • LOT 3 HAS A STREET SIDE SETBACK Of 1S . _ ?S' (HALF RIGHT -OF WAY) �. _ - - i r Q Q _ 25 (HALF RIGHT OF WA YI 55 8 9 � 95 75 -5.5' S. • a SIDEWALK- . - STREET IMPROVEMENT EXISTING PAVEMENT Z _ EXISTING PAVEMENT I-- STREET IMPROVEMENT SIDEWALK 2 W oW v W • 2 1 . - MA ` -. �� ,y ; . : : - < _ - - - ^ - - .,. ° . 1 . -- t. ,, ' .. - At. i r r v v , Y _ COMPACTED SUBGRADE �. ✓.�. �{����: COMPACTED S SUB GRADE • ,_ , - 4 „ - CONCRETE SIDEWALK ASPHALT CONCRETE _ - ASPHAL T CONCRETE 4 CONCRETE. SIDEWALK •-- ; STD: CURB C SUBGRADE STQ, CURS; . CRUSHED SUBGRADE . . - ° : { LANDAU. STREET SECTION LANDAU PLACE SECTION 1~ -_ 40' A 1 "= 40' >` 1►i • DESIGNED: ' - - SHEET N(1 ; t- . T • 1MB , :::: <> a r p er ..• .: . . . ... ... • . . . , ... . _ . .. I c ., , _ , , •. .. . . .. . . „ . e N - ' 6= - "I- , , , . - T IG A R D YY4! - t DATE ND. , 5200 S MACADA A VENUE. SUIT 580. POR {AN0. OR 9 7201 • f -• DESCR IPTION , , 503 22 =113 FAX (50) 221 -117i 11 6A R - -, D E: • _ , , C . g T JOB ND: R E1 ' 9 M - _ KAY 3 - - • s - _ - .- _ - - i , .,....,,. . . :. 280 . -- - -•-- -- _.._ ___ _�._ I 1ILIT _- "_TIT _-_•-_-__ _____ -_ _._ - - - ; • ■ . : , _ . , ■ . „ . r , ■ , , . : • . . . ,.' II , , i . ,•.. . „. . ,„ . N + „,,,....,,,,, . , , . . , ,..„. 1,6 0 0% .. . h °.. Q O t ti o qN - 4 QN aN ti o.,w yw �ti ti VI U., ....i • - . _ - : - - 260 _ u_ �__ __ _ _ _ _ __.-_ _ _- _ __ ____ _.__ _______ - . : o _ - .:.-..:. . .,- . ._ 4 T.i6�% - N .... ,.,.. .- . ti � �� ti � 6. — .. tow yw – Hw — • t...: - -1----- , _ . . _ .. , .. . . . ., : ., . . , .... ,.-, . „, I _ __ ___ 6.66% — , a - tnN LA ^'t �^ � 3 %— - `~ • ^ o .4. w — PROPOSED GRADE AT GUTTER LINE Q so so i tow 4� h W 7. ' I - , - ' - ' 240 0 - - - - ° . ___�_ _ -_ — r _ �_ __ _ . __ _ -_ _ -. __ _ _ ___ — ° 1 , 4 X ��— . N ' � 64% - Q EXIST_ GRADE AT CENTERLIN ' - ti v 9. ,� -- ^ - _.... , -� EXIS . GROUND AT GUTTERLINE , • T , --- �` ' f �' - L ANDAU! PLACE GUTTERL /N PROFILE .. - ' SCALE 1” = 30' (HORIZ.) I . - 1" = 10' (VERT 1 - - - - : , .. _ .'.. : . - 5.00 6.00 7.00 8.00 9+00 10.00 . . --- - -- - - -- - -- - - - -- k . N - ` H Q - _ J J • , .. . ' . Q Q ' _ ` ` - ` 22a ' as ---7--- . . - _ _ , O o N ' - o v o o • - - o:^ tnN oIh tnen Ca Ca tna oo 4 io - ,. CI O. NN tnN. t�.� ob Nq htn boo _ " Q � � � a N" aN q • QN 260 _ ti �u w t o w to t w tow in _tow ` _ _ . - — _ 156Y. 204% 194 % - - - -- _ - - - - - -- _ . 168% — 180X _ - -_ -- -_ - - -- — l _� _— — -- 205 %_ 1.06% 1 =_ -- -- -- -- f - ; _ . \ • . PRCPOSED GRADE AT GUTTERLINE -, - - - ' - EXIST GROUND AT GUTTERLINE EXISTING GRADE AT CENTERLINE - - , - 240 - - .. - - . - _ ---� -- _____ ---. -- . -- ___,_.._.___ _�..___ - - ' - - ° , . : ; LANDAU STREET GUTTERLINE PROFILE - , - ' - - SC ALE r = 3 0' (HOR111 - 8.00 - 9.00 10+00 . DESIGNED: SHEET N0. x - _ �M arp r STREET PROFILES �L ES = _ 4 DRAWN: _ - _ JM8 i hellis, Inc. = , - ., - 50f:'' - • _ - • . .... - CHECKED: N a 1 N E R s T 1 GA RC W Q (ADS " ' .• DATE - NQ. DESCRIPTION 5 200 SW MACADAM AVENUE, SVITE 580. POgTtAND OR 97201 TI�A RD OREGON 1s = ` Y T (503) 221; t13t FAX (503) 221 -117 - _ D T E: JOB ND . 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PYC1 } ` 2 STORM MANHOL - - '' -. - . ,' : RIM EL 22106' 1 E IN S W - 207 90' (12" PVC) • .. . , i£ our NE 207.7 (11" PVC) , , _ " G: 1 C ATCH 8A SIN _ d . . . : • - , - , RIM E L - 23142 ' , IC' OU NW - ?2 677'.(12" CONCI ° _ Y _, CATCH BASIN - . ` . - ° RIM EL - 222 6D' - - ` - ' - - if OUT CAST - 21710' (12" PVC) 3 ° et 1 E, IN WEST 219 OD (1D' PVC) _ - NOTE: APPROXIMATE TIME OF YEAR FOR PROPOSED SITE DEVELOPMENT 1S ` W /LATER OF 199T —A8 ; _ ` _ ° _' " +• ' y - , � DESIGNED: _ • : ' _ SHEET NO. .. ,, , - , _ /MB . . . . ,._ , _,.. . .. „ ar er G D i BRA /NA GE .._ , ........ ._,..... .... GRADN ; BRAWN: „ .. �M� Righellis • Inc. _. .,..-.._ - .„,,,„"..„ . • E N c3 I N E T M t► V DD = CHECKED: - " ° ' AL�J? MACAD AM AVENUE, SUIT 584, PORTLAND, OR 97201 7 - ` � • : n c rt A ' € y 5200 SW 0 DES CRIPTION - ,FAX, 503 2 1 —t i i . - - / /CARD V RG IJON- � 5 D T N (503) 221 1 131 ,( ) z 7 , ; ` - DATE:- = 108 NQ, t R i t 0 N S. j¢ _< • • �. - ,rs{ ' / ' : . . 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'Q SANITAR MANHOLE . RIM EL 2,65 33' 4 r w f C IN SOUTH - 249 34' (10" CONCI __- ' I E IN EAST - 249 22' (10' CONC) ' - 1E OUT WEST 149 08' (1D" CONC) ; t • DESIGN - , ., , , ,.. - : lMB SHEET NO{ . . ar er � _, DRAWN: : U TIL I TIES A PLAN � 3 : ... .: . : .......,,, . ,... . .,... .M13 - i h e l ls + I nc , a „..... , _ CHECKED . N G 4' N t=. E R _ TI R WO • : 5200 SNt MAQADOM AV ENUE, SUITE 580. PORt1AND, - OR 97201 DATE Nb. DESCl D . _ (50) 2 2, , 3 F Ax (503) 22f-1171 Tl� RQF T aRG N DATE: , } 4 - BH/.4;30 _ _, 10/6/97 - • • „ ,. i - --� „ w STORM MH 2 o , o .� v . °EXISTING STORM MH o • R , rn $ STORM (Ai ST 2*63.3 = a. „----... ! .. . . � STORM (8) STA 0.00: , • , o ”' ST STA. 5.965 S33' LT • STORM (Al STA 0 +00 ST. STA 8 *58 1�5'' RT. r, ' i • • �. .y RIM EL. 249 Sft o ; RIM EL. 230 43 , /E. IN (W1 242 5 to . ,.. : I E 1N (SE) 124 �7 I z ' 2 3 I E IN (N ?421 " •" • E IN (W 2�6 0 ? i ': Q I.E. 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