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SUB1997-00009 • . CITY OF TIGARD Community Deve(opment S[iapingA Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER a, THE HEARINGS OFFICER Case Number(s): SUB 97 -0009 / CUP 97 -000 • / VAR 97 -0019 / VAR 97 -0021 Case Name (s): BRIE WOODS SUBDIVISION Name of Owner: T.P.B. Properties. Howard Quandt Name of Applicant: Matthew Sprague. Waker Associates. Inc. Address of Applicant: 11080 SW Alien Blvd.. Ste. 100 City: Beaverton State: Oregon Zip: 97005 Address of Property: 14255 SW 103rd Avenue City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S111BB, Tax Lot 01900 Request — A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul-de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. Zone: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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 © CUP 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 © Affected Citizen Involvement Team Facilitator © Applicant and owner(s) Final DeCiSion: 9> THE DECISION SHALL BE FINAL ON MARCH. 11,1990 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. 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. THE DEADLINE FOR. FILING OF AN APPEAL IS 320 P.M. ON MARCH: 11, 1998: Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639 -4171. SUB 97- 0009 /CUP 97- 0007NAR 97- 0019NAR 97 -0021 BRIE WOODS SUBDIVISION NOTICE OF HEARINGS OFFICER FINAL ORDER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by T.P.B Properties for approval ) F LN AL O R D E R of a preliminary plan to divide 1.52 acres into 5 lots, a ) SUB 97 -0009 conditional use permit for a duplex on one lot, and variances ) CUP 97 -0007 to access standards for land at 14225 SW 103rd Avenue ) VAR 97- 0019/21 in the R -3.5 zone of the City of Tigard, Oregon ) (Brie Woods) I. SUMMARY A. This final order concerns an application to divide 1.52 acres into 5 lots. All of the proposed lots comply with dimensional requirements of the R -3.5 zone. A single family detached dwelling will be built on four of the proposed lots. A duplex is proposed on proposed Lot 1 at the northwest corner of the site. A duplex is a conditional use in the R- 3.5 zone. The site is between MacDonald Street and View Terrace and west of SW 103rd Avenue. The buildable area of the site is situated roughly 265 feet west of 103rd Avenue. A 20 -foot wide strip of land connects the buildable area of the site to 103rd Avenue. B. The applicant will extend public sewer and water service to each lot. The applicant will dedicate right of way for 103rd Avenue along the 20 -foot wide site frontage. The applicant will build a 460 -foot long private drive from 103rd Avenue within the 20 -foot wide strip to serve the proposed lots. The CDC prohibits cul -de -sac streets from being more than 400 feet long, and requires access to three or more dwellings to be in a tract at least 25 feet wide. The applicant requests variances to those standards. C. Given the topography of the area, it is a challenge design a minimum 20 -foot wide paved surface in what is only a 20 -foot wide strip. There is more than one way to develop the private drive. The applicant proposed one way, which requires retaining walls up to five feet high above and below the roadway. Another way could result in fewer and lower retaining structures and/or a wider unencumbered roadway. A valley gutter or inlets in the private drive could collect surface water without reducing the width of the drive. D. The applicant proposes to collect storm water runoff from impervious areas and to direct it to a surface water facility in a tract on the site, from which it will be piped to the storm sewer in SW 103rd Avenue. A homeowners association will be created to own and 'maintain the tracts containing the private drive and the surface water facility. E. At the public hearing in this matter, City staff recommended subject to conditions. See the Staff Report dated January 30, 1998 (the Staff Report). The applicant generally accepted the staff recommendations. Four neighbors testified orally with objections and concerns. The hearings officer closed the record at the conclusion of the public portion of the hearing. The principal issues in this case include: • Whether the private drive serving the site will be at least 20 feet wide, as required by the development standards, after mitigating for hazards posed by retaining walls and/or storm water features; • Whether the site characteristics are suitable for the proposed conditional use duplex considering size, shape, location, topography and natural features; and • Whether and to what extent requested variances to the access standards should be granted. Hearings Officer Final Order SUB 97 -0009 /CUP 97 -0007NAR 97- 0019/21 (Brie Woods) Page I • • F. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the subdivision, denies the conditional use permit, and approves the variances substantially as proposed, subject to the conditions recommended by City staff with certain modifications described more herein. 11. HEARING AND RECORID A. Tigard Land Use Hearings Officer Larry Epstein (the hearings officer) held a duly noticed public hearing on February 9, 1998 to receive and consider public testimony in this matter_ The following testimony was offered at the hearing. 1. City planner Will D'Andrea summarized the proposal and existing conditions on and around the site. He explained why the future street paaern submitted by the applicant is appropriate given land uses to the west. He discussed the requirement of the Uniform Fire Code and the CDC that the private drive must be at least 20 feet wide. The drive cannot have even something as insignificant as a 6-inch wide curb or guard rails without reducing its width to less than 20 feet. He noted, however, the CDC only requires the drive to be 20 feet wide. It requites the driveway tract to be at least 25 feet wide to accommodate such things as curbs and guard rails outside the roadway. He discussed the City staff concern about the hazard posed by the height of the retaining wall on the north side of the private drive. If it is elevated that much, some measure is needed to protect people from falling off. But a guard rail would take -up some of the available 20 -foot width of the driveway. He opined the driveway could be redesigned to reduce the number and height of retaining walls so that guard rails are not necessary and to avoid the need for curbs. He introduced into the record a letter from Charlie Bemards and a facsimile from Larry Kollay. 2. Matt Sprague appeared as the representative for the applicant. He accepted the Staff Report, including proposed conditions of approval. He testified thc applicant does not have specific plans for the duplex structure. 3. Jack Reeves appeared as the engineer for the applicant. He discussed issues relating to the proposed private driveway. He said the proposed design achieves a relatively smooth transition. To achieve that given the relatively steep slope across and adjoining the 20 -foot strip, the applicant had to use retaining structures. If the driveway follows the existing topography more closely, rising and falling accordingly, fewer and lower retaining structures will he needed, and, in combination with a valley gutter system, all of the 20 -foot width of the driveway tract can be paved. He acknowledged the need to provide a 20 -foot paved surface. 4. Charlie Bemards appeared on his own behalf. He owns the adjoining property to the north. He questioned the name of thc subdivision, arguing that name already was used in Washington County. He raised concerns about surface water run -off from the site onto his property. He raised concerns about drainage impacts of the proposed private driveway, the impacts of associated retaining structures, hazards created because the roadway will be so elevated above his property, and hazards for emergency vehicle maneuvering, because the roadway will be narrow. He argued the City recommended a public street through the site when it was proposed for development in the past, and its recommendation in this case is inconsistent with that history. He argued, before the City approves a plan for the driveway, he should have a chance to review and respond to it. 5. Monica Heise testified in her own behalf. She owns the property south of the 20 - foot driveway tract She noted that there is a second legally established dwelling on her property near the driveway tract, but it is not shown on the applicant's plans. Her principal concern was that the development not increase surface water drainage problems. Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007/VAR 97- 0019/21 (Brie Woods) Page 2 6. Douglas Johnson appeared on his own behalf. He owns land south of Ms_ Heise. He also raised concerns about the narrow width of the proposed private driveway tract compared to experience developing his property. He argued them is not adequate sight distance at the intersection of the private driveway and SW 103rd Avenue, because there is a 12% grade which obstructs visibility. He recommended the hearings officer reduce the density of the proposed development to reduce its negative impacts. 7. Don Meyers appeared on his own behalf. He owns land south of the developable portion of the site. He echoed Mr. Johnson's testimony about limited sight distance and about hazards created from the limited width of the private driveway. He also expressed concerns about removal of trees on the site. 8. In rebuttal, Mr. Reeves testified the height of the wall is only 3 feet adjoining the roadway, but acknowledged it was five feet nearby. He also testified that, by intercepting surface water and directing it to the water quality pond on the site for discharge directly to the storm sewer line in 103rd Avenue, the project should reduce surface water problems. Regarding thc design of the private driveway with a "hammerhead" turn - around instead of a bulbous cul-de -sac, he noted the fire marshal] approved that design, and Mr. D' Andrea confirmed it is consistent with City development standards. He testified the evidence in the record shows there is ample sight distance at the proposed intersection, and calculations in the record show the water quality facility is sized to accommodate reasonably expected flows from a design storm. He acknowledged the applicant will not be able to collect all surface water from impervious surfaces on Lot 1. 9. Also in rebuttal, Mr. Sprague testified that the row of tall trees on the south edge of the developable portion of the site will be preserved as a buffer. He testified the County Surveyor had approved use of the proposed name. He noted the private driveway has a turn -out adjoining the tract containing the surface water facility so a maintenance or emergency vehicle can park or maneuver there. B. No witness requested the hearing be continued or the record held open. The applicant waived its right to have the record held open one week for final argument. The hearings officer closed the public record at the conclusion of the hearing. III. DISCUSSION A. City staff recommended approval of thc application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report. The applicant accepted those conditions. The hearings officer agrees generally with most of those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order except as expressly provided to the contrary in this Final Order. B. There is a dispute about whether the future street plan should be approved, because it does not provide for the extension of a public street east -west across the site. Based on the testimony by Mrrs. Johnson and Bernards, in the past, City staff have said such a street would be required. The hearings officer finds that the advice City staff gave in the past has no value as precedent, because it is not a land use regulation. The relevant regulation is CDC 18.164.030(F). That section provides that a public street should be extended to the edge of a site if necessary to give access to or to permit a satisfactory future division of adjoining land. In this case, City staff concluded, "[Oven the existing development pattern of surrounding properties and future development potential, staff finds that it is not necessary to extend a public street for future connections or facilitate future division of Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007/VAR 97.0019/21 037ie Wands) Page 5 • • adjoining land." (Staff report, p. 14) The hearings officer agrees with the staff. Adjoining land to the west is developed or zoned for development for multi - family uses. The future street plan the applicant submitted shows that adjoining land can be accessed other than through the site. It is not desirable to route higher intensity traffic from apartment uses over a local street through a single family residential neighborhood if alternatives exist, as they do in this case. The future street plan also shows potential development on land north and south of the site can be accessed from streets or drives that exist or can be created on those properties. Public pedestrian or bicycle access through the site in the abscnce of a public street is not required by the CDC. C. There is a dispute about whether the proposed cul -de -sac provides adequate room for emergency vehicle maneuvering. Although the hearings officer acknowledges that movement of multiple emergency vehicles on the private driveway could be problematic, CDC 18.108.070.0 only requires a hammerhead turnaround with a minimum depth of 40 feet. The proposed driveway complies with this standard. The turn -out near the surface water facility will provide access for maintenance to that facility and will facilitate emer vehicle movement on the cul -de -sac. There is no evidence in the record from the fire marshal' raising concerns about maneuverability. The hearings officer finds the proposed private drive provides for adequate emergency vehicle access and maneuvering under CDC 18.108.070.C, because it will comply with the hammerhead standard, it will include a turn -out, and the fire marshall did not timely object to it on the record. D. There is a dispute about whether the proposed cul -de -sac has adequate sight distance where it intersects 103rd Avenue. The hearings officer acknowledges that the grade of 103rd Avenue could pose an obstacle to sight distance from the cul -de -sac, particularly to the south. The CDC 18.102 requires a relatively small vision clearance area -- a triangle with 30 -foot long sides along the right of way - -- compared to codes of other jurisdictions. But that is all that the CDC requires. The hearings officer cannot impose greater requirements than the CDC unless authorized to do so. In this case, the hearings officer • concludes he cannot require the applicant to provide greater sight distan at the intersection, because the City has a vision clearance standard for that purpose, and the application does or can comply with that standard E. There is a dispute about whether the proposed cul -de -sac will be a full 20 feet wide as required by CDC 18.108.070.A. 1. The hearings officer notes that condition of approval 9 clearly requires the improved portion of the private driveway to be at least 20 feet wide. Therefore, if the driveway is not 20 feet wide based on engineered plans, the City cannot approve the final plat without amending the condition of approval. 2. The hearings officer also is satisfied by Mr. Reeves' expert testimony and by the evidence in the record regarding the topography of the site and adjoining land that it is feasible for the full 20 -foot width of the private driveway tract to be paved for roadway purposes. To achieve this the applicant will have to avoid using and/or reduce the height of retaining structures along the road so that guard rails are not needed to protect the public from the hazards of an elevated roadway. The applicant also will have to use a valley gutter or inlet system that prevents surface water from flowing off -site from the driveway without using curbs. 3_ Subject to these reservations, it is practicable for the applicant to do what must be done to provide a 20 -foot wide paved driveway. Whether he succeeds in that effort can • Hearings Officer Final Order SUB 97 -0Q09 /CUP 97- O0O7NAR 97.0019/11 (Brie Wends) Page 4 • • • i be verified by examination of final engineered plans submitted by the applicant pursuant to conditions of approval, including condition 9. 4. Mr_ Bernards and Ms. Heise raised concerns about the ultimate design of the access drive_ Mr. Bemards requested an opportunity to review the final plans for the drive. The CDC does not provide expressly for such a review. a. There is support under case law in Oregon for public notice and a meaningful opportunity to participate when substantial discretion must be exercised in determining compliance with a condition of approval, particularly where a party could be significantly aggrieved by the exercise of that discretion` On the other hand, then: also is support for the proposition that the exercise of limited discretion involving professional judgment generally is not subject to public notice and review, because it is not a land use or limited land use decision. b. In this case, it appears likely the applicant will have to redesign the access drive to fulfill condition of approval 9, (i.e., to have a full 20 -foot paved width without curbs or guard rails that would effectively reduce that width). Given the topography and storm water issues, compliance will involve more than just measuring the • drive width. It will involve related issues such as public safety, structural stability and storm water drainage. These issues all are within the purview of the City Engineer and involve the exercise of professional judgment Therefore the ultimate decision whether to approve the final design should be delegated to the Ciry Engineer. c. But, because of the narrowness of the access strip, the steep topography abutting the strip, the testimony about drainage problems in the vicinity, and the proximity of neighboring structures to the strip, the hearings officer finds the owners of the two properties abutting the access strip (properties now owned by Mr. Bernards and Ms. Heise) have a substantial interest in the final design of the access drive. To protect that interest, given the present uncertainty about the ultimate design and grade of the access strip improvements and the extent of the professional discretion the City Engineer will apply when deciding whether to approve the final plans submitted by the applicant, the hearings • officer finds those owners should have a reasonable opportunity to participate in the review of the final design for the access drive_ This is preferable to denial, because of the lack of an approvable access plan in the record, or reopening the record to consider a new plan. d. To protect the applicant's interests, such an opportunity should not unreasonably delay final action by the City, and it should be limited to the owners of the two properties abutting the narrow portion of the access strip, because other properties are not situated such that they could be significantly affected by the ultimate design of the access drive to the same extent e. The hearings officer encourages the applicant to coordinate with the owners of the two properties abutting the access strip regarding the final design of the access drive to reduce the need for further City- managed opportunities for review_ (1) If the applicant submits a written statement to the City signed by the owner of either or both properties abutting the access drive accepting the design for the access strip improvements proposed by the applicant, or accepting that design subject to certain changes or reservations, that will protect that owner's interests in this issue, and no further notice to those owners should be necessary to protect those interests. (2) If the applicant does not submit such a statement from owners of both properties abutting the access tract, the hearings officer finds the City should mail Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007/VAR 97.0019/1,1 (Brie Woods) Page 5 • 1 notice to the owners of those two properties (or to the owners of one of those properties if the applicant submitted a written statement signed by the owner of the other one of those properties) before the City approves the proposed final plans for the access drive. The notice should advise the owners that a final plan for the access drive for the subdivision has been submitted to the City and should state that they may submit a written statement about the plan to the City by a certain date not less than 14 calendar days after the date the City mailed the notice. If the notice does not include a copy of the proposed final design, the notice should state where and when such plans are available for inspection and who to contact at the City to observe and discuss the plans. The City Engineer should consider written comments timely received by the City by or on behalf of the owners of the properties abutting the access strip before deciding whether to approve the final design. F. There is a dispute about the density of the proposed development. Several witnesses argued the density should be reduced, principally because of access limitations. City staff and the applicant point out that the proposed density is within the range permitted by the R- 3.5 zone, the proposed lots comply with the dimensional minimums in that zone, and the width of the paved portion of the driveway complies with CDC minimums. 1. The hearings officer acknowledges the virtues of the application listed above. Because of those facts, the hearings officer cannot reduce the number of lots proposed, and feels compelled to approve the application for the subdivision subject to conditions to ensure it does in fact comply with applicable standards. 2. However, to receive approval of a conditional use permit for the duplex dwelling on proposed Lot 1, the applicant must do more than show that the lot complies with dimensional and density standards. If that was all the applicant had to do, then that is what the CDC would say. It does not say that. It requires the applicant to show that it complies with the standards for a conditional use permit in CDC 18.130.040. 3. One of the conditional use standards requires the applicant to show "[title characteristics of the site are suitable for the proposed use considering size, shape, location topography and natural features." The Staff Report says the conditional use application complies with this standard, "because the lot itself satisfies the minimum standards necessary to create the proposed lot..." (Staff Report, p. 9) The hearings officer finds that the finding in the Staff Report is not responsive to the approval standard quoted above. 4. In this case, the hearings officer construes the CDC such that the term "site" for purposes of all of the applications under concurrent review is all of the land subject to the applications, not just the lot where the conditional use duplex is proposed. Even if the term "site" for purposes of the CUP application just refers to the lot where the conditional use duplex is proposed, CDC 18.130.040 clearly requires the hearings officer to consider more than that lot when deciding whether to approve the CUP application. 5. The size of the proposed lot for the duplex is presumed adequate for that use, because it complies with the minimum lot size for a duplex in the R -3.5 zone. The min- imum lot size is the sane for a detached or attached (i.e., duplex) single family dwelling. 6. Even though the lot size is presumed adequate, there is no substantial evidence that the site will in fact be adequate in this case. That is, the application does not include a plan for the duplex dwelling nor an analysis of the suitability of the site for a duplex considering its shape, location, topography or natural features. In the absence of such a plan and other responsive substantial evidence, the hearings officer finds the applicant failed to carry the burden of proof that the site is suitable for the proposed duplex. Moreover the hearings officer finds as follows: Hearings Officer Final Order SUB 97.0009 /CUP 97- 0007/VAR 97- 0019/21 (Brie Woods) Page 6 • a. Given the steep slope on and abutting proposed Lot 1. the more development on that lot, the more likely retaining structures will be needed and trees and other natural features will be destroyed. The applicant's plan shows two trees will he removed and a retaining wall will be needed along the north edge of Lot 1 due to grading. It is not apparent from evidence in the record if grading could be reduced and retaining walls could be lower or eliminated if Lot 1 is developed with a single family detached dwelling. If so, a duplex on that lot is not as suitable as a single family detached dwelling considering topography and natural features. b. Given the slope on proposed Lot 1 and the proposed storm water facility up- gradient from the natural grade on Lot 1, the more impervious surface or filling on proposed Lot 1, the more likely there will be adverse off -site storm water drainage impacts. The applicant conceded he could not collect storm water from all of Lot 1, because of the elevation of the lot compared to the water facility. In the absence of a plan to the contrary in the record, it is reasonable for the hearings officer to assume that the impervious area associated with a duplex structure will use an area twice as large as the impervious area for a single family detached dwelling. Thus it will increase the impact of storm water drainage. c. The greater building bulk and/or height necessary to accommodate two dwelling units on the same size lot as one dwelling unit could have more adverse impacts on the privacy of abutting properties. Given the grades of the site and abutting properties, such impacts would be difficult to mitigate. Given the lack of detailed plans for the duplex, the hearings officer cannot determine whether the privacy impacts will occur or whether they will be mitigated. d. The applicant failed to show the location of the proposed duplex is suitable, notwithstanding it is mom than 400 feet from the nearest public street and will be accessed from a substandard -width access strip. Although the paved portion of the access drive complies with minimum CDC and LTC standards, it does nothing more. There is no room on the site for a separate pedestrian or bicycle path, and there is no evidence such features can or will he provided nn adjoining land. The narrow access strip precludes a sidewalk. People who live on the site will have to walk in the drive to reach SW 103rd Avenue. The more dwellings served by the accessway, the greater the potential hazard to pedestrians and cyclists who have to use the drive for access to their homes. By increasing the number of dwelling units served by the substandard access strip, the proposed duplex increases the potential risk. Allowing one fewer dwelling unit presumptively reduces the risk by 10 vehicle trips/day and equal number of pedestrian/bicycle trips, based on the 1TE Trip Generation Manual. G. There is a dispute about the adequacy of the storm water drainage features proposed for the site. Although the concern is a reasonable one and is sincerely expressed, the only substantial evidence in the record about the storm water system supports a finding that the proposal complies with relevant City standards in CDC 18.164.100. See, e.g., Staff Report, pp. 20 -22. The hearings officer accepts the testimony of Mr. Reeves that storm water measures in the subdivision should reduce off -site surface water flows to the north, and, hence, reduce off -site storm water problems about which witnesses testified generally, because rain falling on .impervious areas of the site (at least up to and including design storm events) will be collected and discharged to a tightline storm sewer in 103rd Avenue rather than continuing to flow into and across the site. H. There is a dispute about the subdivision name. That is a matter for which the County Surveyor is responsible. Evidence in the record shows the surveyor approved the proposed name. Hearings Officer Find Order SUB 97 -0009 /CUP 97-0007NAR 97- 0019/21 (Brie Woods) Page 7 . • 1. Although not framed as such, the substance of much of the public testimony effectively concerned the variances, in that the proposed development is permitted only if the variances are granted. The hearings officer accepts and adopts most of the findings in the Staff Report (pp_ 16 -17) to support granting the variances. However the hearings officer finds it is not an cxtraordinary hardship to limit use of the proposed lots to single family detached dwellings, and that there is no property right to develop proposed Lot 1 with a duplex, because a duplex is not a permitted use; it is a conditional use subject to broad and discretionary standards. The hearings officer also finds that, at least where a property can be developed with the maximum number of lots permitted by the applicable coning, there is no right to develop property at its maximum permitted density if, to allow such density, one or more variances must be granted to standards that otherwise apply. To the extent the findings in the Staff Report are to the contrary, the hearings officer does not adopt them. 1V. CONCLUSION A. The hearings officer concludes that the subdivision and variance applications do or can comply with the relevant standards and criteria of the Tigard Community Development Code (CDC) as provided in this Final Order, provided the application is subject to conditions of approval that ensure the final subdivision plat and subsequent development will comply with applicable CDC standards and criteria. Therefore those applications should be approved subject to such conditions. B. The hearings officer further concludes that the applicant failed to bear the burden of proving that the conditional use permit for the duplex dwelling does or will comply with the relevant standards and criteria of the Tigard CDC. Moreover the hearings officer concludes it does not and will not comply with those criteria and standards. Therefore that application should be denied. V. DECISION Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby denies CUP 97 -0007 (Brie Woods). The hearings officer also approves SUB 97- 0009/VAR 97- 0019 /21 (Brie Woods) subject to the conditions of approval in the Staff Report with the following change: A. Condition of approval 9 is hereby amended to read as follows: 9. The applicant shall submit to the Ciry Engineer for review and approval an engineered design for the private street. a. The plan shall incorporate a valley gutter drainage system or other design to eliminate the need for curbs at the outer edges of the roadway and shall maintain a minimum unobstructed paved width of at least 20 feet. b. If the applicant does not submit a written statement signed by the owners of both properties abutting the narrow portion of the access tract accepting the proposed design (as is or with certain changes), the City shall mail notice to the owners of those two properties (or to the owners of one of those properties if the applicant submitted a written statement signed by the owner of the other of those properties) before the City Engineer approves the proposed final plans for the access drive. The notice shall state that a final plan for Hearings Officer Final Order SUB 97-0009/CUP 97- 0007NAR 97-0019/21 (Brie Woods) Page 8 • • the access drive for the subdivision has been submitted to the City and shall state that recipients of the noticc may submit a written statement about the plan to the City by a certain dare not less than 14 calendar days after the date the City mailed the notice. If the notice does not include a copy of the proposed final design, the notice shall state where and when such plans are available for inspection and who to contact at the City for that purpose. The City Engineer shall consider written comments timely received by the City from the owners of the properties abutting the access strip before deciding whether to approve the final design. ATED this 20th day of February, 1998. • ry Eps , AICP City of Tigard Hearings Officer • • Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97- 0019/21 (Brie Woods) Page 9 • Agenda Item: 1 Hearing Date: February 9, 1998 Time: 7:00 PM .; ._ _�13: .- �.:.�t c-.ss Y "X m?:. �G :.� ^ ; Y,;y.; ; . -3:; rr. z s -zy . :'�: ,'" : a:•ra;. t < '! 7;"r".: , <. c { ,A .A .�:s.:'�+ •;'i'x �- `ia:r ?'? .'s- r'vi,F iS�::...z�.r,'fi.`, . s :.. .;`::,a > . °x�r ri ".z. �,i�?'-s:+�r�, - C ;.� c �;:.' ` > `" �� ..' � , .�.ra•«•v "'a p :a�ai'' s ,•' ;• ., - �k..v ` = � � ; , •z yi 3 STAFF -.>REPORTTOTHE :� :, Yi: =' i.� ...��?: r :a'„- :,3„ ? *n.�8.':r .< w3 =t •�'r�r:•,�,..::. '� ='�} , . r.. . ,;.. < n.%. : . f . � { . ?:c:: ""11T y wFr s ''.,; 2. a, ;;`..,- ,:•'<., »:,;:, *a�::.«;p' :. -4 i{- f ' >°;,:'.`- "''°" ' 'r. - r t � '��� - .k _ j»`+ _ . -,�'x ei. f':`t.= >„ -•. s -T :: t .. , NEARINOS OF ; ' =rz = ;:CITY OF_TIOARD " �`�°•t,`r,s:Y.« + ^.•:bp �_ �;r sa 6eo . -..� •�.HV,e;.:t � '�s:;� ,G.,z�;.i "'x r" y' r n R ;:.r:�'db;= ' " ^ �s^»:7.``'"� „ 'a. `.: i * 3....> - �a �C712� .:c n : t .::_ ,, �' t''•` w+ c��'", , �?.;:�'t'a�� , 6�:,v�'e.7,'�✓,_: cr,><°' rsset; r-*,. ias- Jaa'jSEG «:: + - •_s., _ ^�r ,,. « .c:.,•z Y� ... IL�oeasu;lAl7Wl1111[1 SECTION I. APPLICATION SUMMARY CASES: FILE NAME: BRIE WOODS SUBDIVISION Subdivision (SUB) 97 -0009 Conditional Use (CUP) 97 -0007 Variance (VAR) 97 -0019 Variance (VAR) 97 -0021 PROPOSAL: The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit Review to allow one (1) lot to be used for the construction of a duplex; 3. Variance request to allow an approximately 460 -foot long cul -de -sac, whereas, the Tigard Community Development Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. APPLICANTS Matthew Sprague OWNER/ T.P.B. Properties REP. Waker Associates, Inc. APPLICANT: Howard Quandt 11080 SW Allen Blvd., Suite 100 PO Box 1775 Beaverton, OR 97005 Beaverton, OR 97075 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 3.5 Units Per Acre; R -3.5. LOCATION: 14225 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is located south of SW McDonald Street, north of SW View Terrace and on the west side of SW 103rd Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.150, 18.160 and 18.164. SECTION II. STAFF RECOMMENDATION .� �F ;t:a !':�• 2�r ��}„vt' •`{' �.�r�,� :'°y; 's+: ;�, ^a:4x�s�G; r may ...r,nr .- n s4a... _,,. ,c `• - ' -, Sfa :'recer rq Planamg.-Compssior nnd ttierp iathat roposeak ubdnv son wig } : of &�,�,.1�- ;w- �w � .^'� . v t �.�. la versety a ealn t eagn y anamegare.op.n r o - th C Ttereforesfafrecomtnends � yr�u°' `' '""� ' f; AP,.,PROMAL;osutiec th' efollow Ingrecommended;:conditions o appra !��tStSsH .. ..- 'r?s6er�!• -. ' ' 1' z ,. :if ,"s%n,R.a,o�w.�,'t! STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009 /CUP 97-0007NAR 97.0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 1 OF 22 CONDITIONS OF APPROVALS K a'(j' fae�Y� ✓. # «`"_ i:t i ',`T'c.: !Ao@ `?'n.R6F§1 {;a' 3; - 4..74 - yy i !.. r r ...: .Y e, •- , .a,,_ . • q -: r 44 n' % � , c,F L:d 14�,:R ALL CONDITIONS SHALL:BE SATISFIED;PRIOR=TO RECORDING " `=' FINAL PLAT WITH WASHINGTON u ,�, ,' y,a :r ',; au.»: *c'p w5 •;r: . =fr.'< ^'r, ,'" 't " - 'tt';rs, 3.: ` � = ( Unless otherwise s ecified .:therstaff:contact4or all- conditions -is= ::��= ; r x E =k .:,;. n R er with. Engineerin 'De artment ath503- 639 = 4171 �_ tAy j «:: . -. C ^ ._. .- .Y.�.`. ._. - .+ Y'.+q- . w..-. .,x♦ r» - .:vv'.`I -' ^:., -.. :.&: -' .'�.''ri'.:s�'re3C =: ...5. _.«, .._.....,. .. . -'... ...t`�. ...:. ed: a 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. Additional right -of -way (ROW) shall be dedicated to the Public along the frontage of SW 103rd Avenue to increase the right -of -way to 25 feet from the centerline. The dedication shall be shown on the face of the final plat. 4. The applicant shall construct a private roadway entrance at the intersection of the new private street and SW 103rd Avenue to meet City public improvement design standards. 5. The applicant's design engineer shall submit proposed solutions to the City Engineer, as a part of the construction plan submittal in regard to resolving the conflict between the proposed private street and the existing driveway entrance immediately south, which presently serves Tax Lot 01800 (WCTM 2S111 BB). 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 7. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project to be recorded with the final plat that clearly lays out a maintenance plan and agreement for the proposed private street. The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC &R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 8. The pavement and rock section of the proposed private street shall meet the City's public street standards for a local residential street. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 2 OF 22 . 9. • The applicant stWIF redesign the private street to incollate a valley gutter drainage 9 system to eliminate the need for curbs at the outer edges and maintain a minimum 20 -foot paved width. 10. Any extension of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and approved by the City's Water Department as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the public improvement plans from the Engineering Department and the construction of public water lines. 11. The applicant's new public water line shall be extended from the existing six (6) -inch public water line in SW 103rd Avenue. There shall be no connection made to the 12 -inch line adjacent to the westem boundary of the site. The new water line within the private street shall be a minimum of six (6) inches in size. 12. The applicant shall install a new fire hydrant to serve this site. All portions of the new homes shall be located within 500 feet of a fire hydrant. 13. The applicant shall install an eight (8) -inch public sanitary sewer line within the new private street and provide individual services to the new lots. 14. The applicant shall provide sanitary sewer laterals to the adjacent undeveloped properties. 15. Prior to construction, the applicant's design engineer shall submit documentation, for review by the City (Brian Rager), of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes ten (10) percent or Tess of the total tributary drainage volume, but in no event Tess than 1/4 mile. 16. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25 -year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on -site detention facility. 17. If the projected increase in surface water runoff which will leave a proposed development will cause or contribute to damage from flooding to existing buildings or dwellings, the downstream stormwater system shall be enlarged to relieve the identified flooding condition prior to development or the developer must construct an on -site detention facility. 18. The applicant's final storm drainage plan shall provide a means for collecting the footing drains of all of the lots. Lot 1 is of particular concem as it slopes sharply away from the private street. A private storm line behind Lot 1 may be necessary. 19. Final design plans and calculations for the proposed private water quality facility shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans. Included with the plans shall be a proposed landscape plan. As a part of the improvement plans submittal, the applicant shall submit a maintenance plan for the facility. STAFF REPORT TO THE HEARINGS OFFICER 219/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 3 OF 22 20. The face of the fill plat shall contain a note that dilates the ownership • and . maintenance responsibility for the private water quality pond. In addition, the CCR's - for the project shall contain a section that specifically speaks to the maintenance responsibility and the procedures that are to be followed by the future homeowners. 21. 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." 22. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the Tots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 23. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 24. The design engineer shall indicate on the grading plan which lots will have natural slopes between 10% and 20 %, as well as, Tots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 25. The applicant shall either place the existing overhead utility lines along SW 103rd Avenue underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $1,045 and it shall be paid prior to recording of the final plat. 26. Revised site and landscaping plans shall be submitted for review by the Planning Division. Staff Contact: William D'Andrea. The revised plans shall include the following: A. compliance with vision clearance criteria given the vegetation and grades along SW 103rd Avenue; B. the entire length of the flag pole on Lot 4 shall be a minimum of 25 feet; and C. a re- design of the street to provide a means to eliminate the hazardous drop off, the design shall continue to provide the minimum 20 -foot paved access width. 27. The applicant shall: A. record a deed restriction for those trees that are to be preserved; and B. submit an arborist report providing recommended tree protection measures. STAFF CONTACT: William D'Andrea, Planning Division. =y sau.-ec z"h -' c•.- •-fit =u_ .. .. z : " = w.^ ti '?.r+�: -+:. a « �- - ...+w'?t.?+ =s •'_'.+. cn�- :cy-�. ..,es..�a+•• ,;., *n� i � � K TH E : I SSUJ4NCE � OF�- A= BUILDING�PERMIT�THEFOLLOVIIING =��-� �_�•�� 'zt °+�,- • .� ., �v' ?J 'x'i >�q - .L.• •r,�.t?;;�.:.z.3 =.`' � yxF'^�T + 'tr"- ��q.,' ?. 9g s,•n� } +S�' a 'd% ;7.r: h•�- �_` ^ t - l C OND IT IONS =S ' E S ED ; - `' " � M - =°�t Y E=t - A( Y = � �,w _ no , , I a ■ ct s ha llbesBrian=Rager : ti Wiz- :�= Unless'o thestaff co �- r � ::- vith tfiie; .„,... n b a H ,. } �`e at 50 ,9 F7 _ -* � ' � tw. ��., 4: c:`` 3, ,,�,° s:'. "': x, ?�"`..: �d?s., , e� 3ac�' �Z� e.: x4.... �?^ i..�:;�s.�s�r,'�,�fi�,+rs' -�.•� :L.- :d.�, ' A,.,'g:°'�� ._ '�':�'�"�.- .r.,'�! STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 4 OF 22 28. Prio�o issuance of building permits, tha licant shall provide the Engineer PP P g Weer Department with a recorded mylar copy of the subdivision plat. 29. Prior to issuance of any building permits within the subdivision, the pu improvements shall be deemed substantially complete by the City Enginee Substantial completion shall be when: A. all utilities are installed and inspected for compliance, including franc 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. 30. Prior to issuance of building permits, the applicant shall construct the recommenc ,.yam! H -treee protection measures prior to commencement of construction. 'h.� 'ey ;'�F'�'1 ✓'iw ° S��Ta '';- :�'}�i[�'.;«^1Y^YLY��Y'� nShN, .�;.. Y 'Y � r - x�r: � �P- .RIOR�TO � ���.����.:�:,� 4g.:�,.�� ;;. .- ::�.::�;�; -.•:�;b - : ,.�.. �� � - ��.� � ..Fs: ANCE=.. F� CUPANCYPER ' - •i`E:`� -- _ DECO INC CONDITION S B 4 � I S `" � EtSA ; ' `. t ` {Un less otherwise no t s e� ; „ ; staif; >co l " -� �,,�` .�;, � `tell fi � � ct �.�stall�bevWi liam� ° < An�drea`�` �:.� � . } y ' r a.:.�'�6: K"Ysx.`tqr�tt�vl =iii ,= +? �3x �fiit�' -� with the � P an Divisio at 5 -41 ' 5 3 _ ` "- 1 31. All site improvements installed as per the approved plans. r ,'... ,y�` - ..•", :�,, 'C, kK;V5' r°n ' , t;, ry?"^ ey..jr„%a^.ru';r.,62: `,!�,'t.Y >• ',: & " ✓.m, <'' .3:, ri. a :: ��. #w � � IC/liNT w t , IN DD I rTION, TIE A I PPL C S HOULD BE- A WARE OF TH CTIO r MMUN VIENitl-vii - t � WING SE I NSOF " CO _ } D EE - >�esG; E,A f rT , 1 ; Nts,A;;; i. 'fE .i f.zi.7c • < ; +2.`v -0`0 y c €,47= ,.+G- it y, „', r F �' 4, ;� 4 ; - : THIS� :IV,OT AN FJCCLUSNE IST: � . =ia�:r is: axt ::e*x���= {<w'� s3: a�w�i= ::�'�r.�rY— ..:xr:;:t:�::±+:s'k %' ,� ,�' = "•- ;., 18.160.170 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans issued by the City, the Subdivider shall: 1. execute and file an agreement with the City Engineer specifying the period wit which all required improvements and repairs shall be completed; and 2. include in the agreement provisions that if such work is not completed within period specified, the City may complete the work and recover the full cost expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be p and may also provide for the construction of the improvements in stages, and for - extension of time under specific conditions therein stated in the contract. 18.160.180 Bond: As required by Section 18.160.170, the subdivider shall file with the agreement assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to trans business in the State of Oregon; STAFF REPORT TO THE HEARINGS OFFICER 2/W98 PUBLIC HEA; SUB 97- 0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 5 C • 2. A surety bond exalted by a surety company authorize* 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 temiination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.160.190 Filing and Recording: 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. 18.162.080 Final Plat Application Submission Requirements: 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; and 3. Curve points, beginning and ending points (PC's and PT's). 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. The tops of all monument boxes shall be set to finished pavement grade. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97- 0009/CUP 97-0007NAR 97-0019NAR 97-0021 . BRIE WOODS SUBDIVISION PAGE 6 OF 22 • • 18.164 Street & Utilitveprovement Standards: • 18.164.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface - mounted transformers, surface - mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.164.130 Cash or Bond Required 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. 18.164.150 Installation: Prerequisite /Permit Fee 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. 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.164.200 Engineer's Certification Required 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. :c:«. 't �; t �:� ^-e a *.,wp.',:b�.:r•� ^7aRS7;s- r� «e: zrfiC.x Y":f� rt ^s i'C%; - ;;�. "fi Ai t�.', �. � � e 1 `_.. .. .THIS`` °APP Rel AL HAL �.. x , 8. MONTHS fi -� + �y; da b.'��•,..� .r �:.�-�v�..,:c�,� rr�z, �; tx�wa�...* �r° n, v .- :a.<a. . .: :::�.;- .,�^`-.� ,� 4�� "�.�� •. ,.FROM `-' THE.EFFE 1. � 1 .: ;s--- t$ �,,,m .�.: x r CT 1/E-DAT PF �.. :.._ -. ,��..._�, � ���:��y�.��z��:.�t� =.��;� ��.f�,_ .:,_ ,...r��_ ^ THIS. .DECISION- -� .��1 SECTION III. BACKGROUND INFORMATION Site History: No development applications were found to have been filed with the City. Vicinity Information: Adjoining properties to the north, east and south are zoned R -3.5 (Residential, 3.5 units per acre). Properties to the west are zoned R -12 (Residential, 12 units per acre). The surrounding area is developed with a mix of single - family and multi - family residential structures. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97- 0009/CUP 97- 0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 7 OF 22 • Site Information and Proplal Description: • • • The 1.52 acre property is currently vacant and is overgrown with grasses and assorted tree clusters. The property slopes northwesterly from an elevation of approximately 346 to an elevation of approximately 300 feet. The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit Review to allow one (1) lot to be used for the construction of a duplex; 3. Variance request to allow an approximately 460 -foot long cul -de -sac, whereas, the Tigard Community Development Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. 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. Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32% 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. The total TIF for an attached, single- family dwelling is $1,790. The applicant is being required to dedicate an additional 140 square feet of right-of-way PP 9 q q 9 Y along SW 103rd Avenue. Based on past City purchases of residential property for street 9 P YP P P Y ROW, residential property is assessed at $2.00 per square foot. Assuming a cost of $2.00 per square foot, it is estimated that the total cost of the dedication is $280.00 (140 sq. ft. x $2.00). Upon completion of this development, the future builders of the residences will be required to pay TIF's of approximately $8,950 ($1,790 x 5 dwelling units). Based on the STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 8 OF 22 . estimatEll,at total TIF fees cover 32% oft citywide, a fee that would cover 100% of this pro et s impact is street 27 prover divided by .32). The difference between the TIF paid and the full impact ,968 ($; unmitigated impact. Since the TIF paid is $8,950, the unmitigated i pact, is conside $19,018. Given these estimates ($280 dedication), the conditions are more valu to the impacts. more thh an ro Dimensional Requirements: Section 18.48 states that the minimum single - family lot in t he R -3.5 zoning district is 10,000 square feet and the width requirement is 65 feet. The average minimum lot area for c less than 90 feet. The proposed lots range between lot 10, and for duplexes shall bE excess of the minimum 10,000 square foot minimum lot size. As indicated on the ss fe€ all five (5) proposed Tots exceed the 65 -foot minimum lot width requirement. ite r duplex lot (lot 1) has provided a 90 -foot minimum lot width. Therefore, th The propc comply with the dimensional requirements of the R -3.5 zone. the proposed Develoement Standards: Section 1 8.48.050 contains standards for the R-3.5 Single- family detached residential units are a permitted use in the n zor a comply with the following dimensional requirements: zone, and m Minimum lot size Average lot width 10,000 Square Feet Front setback 65 Feet Garage setback 20 Feet Interior sideyard setback 20 Feet Corner sideyard setback 5 Feet Rear setback 20 Feet Maximum building height 15 Feet 30 Feet Compliance with setbacks will be reviewed during the building ermi review process However, as indicated on the site plan, these lots can accommodate the required Use - Du lex: Section 18.130.040 conta' squired setbacks criteria for a Conditional Use: ms the following general approv The site size and dimensions provide adequate area for the needs of use. The proposed lot meets the minimum dimensional requirements of the propose and, therefore, the size and area can accommodate the proposed duplex. a R -3.5 zon The characteristics of the site are suitable for the proposed use shape, location, topography, and natural features. The characteristics of the e ng size aft suitable for the proposed duplex because the proposed lot itself satisfies of t site un- standards necessary to create the proposed lot, as reviewed through this minimum application process. 9 is subdivisior All required public facilities have adequate capacity to serve the ro 0 public facilities are available, or shall be conditioned to be available, to , All rave e v capacity to serve the site. s site an d d have The applicable requirements of the zoning district are met except as chapter. The applicable provisions of the R -3.5 zone are fulfilled as noted previously. modified by this SUB 97- 0009/CUP 97-0007HEARINGS A OFFICER � p eviously. BRIE WOODS SUBDIVISION PUBLIC HEARING PAGE 9 OF 22 The supplementary regements set forth in Chapter 1I. 4 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Neither of these sections are applicable. The use will comply with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as follows: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on November 13, 1997. Notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. Housing Needs: Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. Policy 6.1.1 is satisfied because allowing the use of the property for a duplex would provide an opportunity for diversity of housing density and residential type. Duplexes: Section 18.130.150(C)(15) states that a duplex must meet the following additional dimensional requirements: Lot size: 10,000 square feet. As indicated on the plan, the lot will contain approximately 10,883 square feet, exceeding the 10,000 minimum square feet required. Solar access requirements, Chapter 18.88. Parcel 1 has been considered exempt from the solar access standard. However, the structure must comply with the Solar Balance Point Ordinance even if a lot has been exempted from the basic solar requirement and shall be reviewed during the building permit process. The remaining dimensional requirements of the underlying zoning district. Compliance with setbacks will be reviewed during the building permit review process. However, as indicated on the site plan, these lots can accommodate the required setbacks. Section 18.88.040 (Solar Access) states that the solar access design standard shall apply to applications for a development to create lots in R -1, R -2, R -3.5, R-4.5, and R -7 zones and to create Tots for single family detached and duplex dwellings in all other residential zones. 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% or more of the newly created parcels meet this standard. Lots 3 and 5 satisfy both the front lot line orientation and north -south dimension requirement. Section 18.88.040(E) allows the approval authority to reduce the percentage of new Tots from the solar access standard in certain cases, including situations where existing ROW prevents lots from being oriented for solar access. The existing orientation of SW 103rd Avenue, and the configuration of the subject site, prevents proposed Lots 1, 2 and 4 from being orientated for solar access. Therefore, parcels 1, 2 and 4 are exempt 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. STAFF REPORT TO THE HEARINGS OFFICER V9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97- 0019NAR 97 -0021 - BRIE WOODS SUBDIVISION PAGE 10 OF 22 Density: Section 18.'020 contains standards for deterr'inin the permitted project p p oject 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 Tots which may be created on a site. The gross area of the site is approximately 66,211 square feet. The net developable area of the site (after deduction of 12,224 square feet for a private street and 140 square feet for public right -of -way) is approximately 53,847 square feet. With a minimum of 10,000 square feet per lot, this site yields an opportunity for up to five (5) Tots under the R -3.5 zoning designation. The applicant is proposing five (5) lots. The proposal is, therefore, in compliance with density calculations. 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 plan is limited in the possible location of street trees due to the existing lot width. The applicant's narrative states that street trees will be planted along the private street where adequate room exists. The potential street tree locations have been shown on the preliminary plan. This plan shows that street trees can be planted along the lot frontages. Due to the limited areas for planting, the proposed plan can be considered adequate to satisfy this criteria. Buffer Matrix: Section 18.100.130 contains the buffer matrix to be used in calculating widths of buffering and screening to be installed between proposed uses. The Matrix indicates that where detached single - family abuts detached single - family structures, there is no required buffer and screening. This criteria is satisfied as buffering and screening is not required where single - family residential abuts single - family residential or existing multi - family residential development. 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 STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 11 OF 22 - located in this area, prolikled all branches below eight fee�are removed. A revised plan shall be submitted that more clearly demonstrates that this standard is satisfied given the vegetation and grades along SW 103rd Avenue. Parking: Section 1 states that each lot is required to provide 2 off - street parking spaces. Review for compliance with parking standards will be reviewed during building permit review, however, as indicated on the plans, each parcel has the ability to provide two (2) off - street parking spaces in accordance with this standard. Access: Section 18.108.070.A states the minimum driveway required for each lot shall be 15 feet with 10 feet of pavement width. Section 18.108.070.A states that the minimum access width shall be 25 feet and the minimum pavement width shall be 20 feet for private streets serving between 3-6 lots. Review for compliance with individual lot driveway widths shall be reviewed at the time of building permits. As indicated on the site plan, each lot has the ability to provide a minimum 10- foot -wide driveway. The plan shows that a 20 -foot "Tract A" has been provided to serve as a private street. The 20 -foot width is adequate to provide the minimum 20 -foot pavement requirement, however, the required 25 -foot access width has not been provided. The applicant has applied for variance approval to allow a 20 -foot access width along the "flag pole" portion of the lot. Staff is recommending approval of the variance request based upon the findings as contained in section 18.160.120 of this report. Emergency vehicle turnaround: Section 18.108.070.C. states that access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by a hammerhead configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. The proposed design of the private street meets recommended emergency vehicle standards. 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 existing conditions plan has been submitted with this application which identifies the trees on the property. The applicant's narrative states that there are a total of 55 trees, 12 -inch caliper or greater on the site. The narrative states that the proposal will be removing 13 of those trees. According to these figures, the applicant is retaining more than 75% of existing trees 12 inches in caliper or greater and, is thus, not required to provide mitigation for those trees removed. Review of the plan indicates that there are approximately 24 trees that are greater than 12 -inch caliper in size. Of those 24 trees, four (4) are slated for removal. According to these figures, the applicant is retaining more than 75% of the existing trees greater than 12 inches in caliper and, is thus, not required to provide mitigation for those trees removed. 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 STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 12 OF 22 • a approval of any devel • • pp y pment 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 the recording of the final plat, the applicant shall: 1. record a deed restriction for those trees that are to be preserved; and 2. submit an arborist report that provides recommended tree protection measures. Prior to issuance of building permits, the applicant shall: 1. construct the recommended tree protection measures 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: 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 -3.5 zone and other applicable ordinances and regulations. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The proposed name of the subdivision "Brie Woods" is not duplicative of any other plat recorded in Washington County, in compliance with this criteria. 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. Therefore, this criteria is not applicable. 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. Therefore, this criteria has been satisfied. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. 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. Southwest 103rd Avenue is classified as a local street. The applicant has been conditioned to construct a private street entrance in conformance with the City's public improvements design standards. 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 STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97- 0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 13 OF 22 that where it is necess* to ive access or permit a satifIcto future division of - 9 P rI/ adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul- de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. The applicant has submitted a future street plan. Property to the southwest is not expected to be redeveloped into single - family residential subdivisions. The grading of the site requires a retaining wall on either side of the proposed private street. The grade differential with the adjacent properties would make a future widening of a public street more difficult. A local public street would require a 44 -foot right -of -way width. Given the existing development pattem of surrounding properties and future development potential, staff finds that it is not necessary to require a public street instead of a private street and to extend a public street to provide for future connections or facilitate future division of adjoining land. Street Alignment and Connections: Section 18.164.030(G) requires all local streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. 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 streets that abuts the property which would require extending to provide through circulation. 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. The applicant has requested a variance to this standard to allow the cul -de -sac to have a maximum length of 460 feet. Staff is recommending approval of the variance request based upon the findings as contained in section 18.160.120 of this report. As indicated on the site plan, the cul -de -sac will only provide access to five (5) lots (potentially 6 dwelling units), less than the maximum 20 permitted. Private Street: Section 18.164.030(S) states that design standards for private streets shall be established by the City Engineer and that private streets serving more than 6 dwelling units are permitted within planned developments. This section also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the street in perpetuity. The applicant is not proposing more than six (6) dwelling units, therefore a planned development application is not required. Access shall be reviewed for compliance with Code Section 18.108 (Access Standards). The applicant has applied for variance approval to allow a 20 -foot paved driveway on a 20 -foot access width along the "flag pole" portion of the lot. Staff is recommending approval of the variance request based upon the findings as contained in Section 18.160.120 of this report. The proposed lots will be served by a 20 -foot -wide paved accessway, in accordance with access standards in Section 18.108.070.A. The accessway will allow for a 20 -foot unobstructed driving surface, consistent with Fire District requirements. The applicant has also been conditioned to provide for a bonded maintenance agreement or a homeowner's association for future maintenance of the street. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97- 0009/CUP 97-0007NAR 97-0019NAR 97-0021 • BRIE WOODS SUBDNISION PAGE 14 OF 22 A Block Design: Section - 18.164.040 states that the length, idth and shape () pe of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.164.040(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; or 3. For non - residential blocks in which internal public circulation provides equivalent access. The proposed subdivision will not be creating a public street which would be used to form the perimeter of a block. Existing development also limits the potential to extend a proposed public street. Even if a connection could be made, the perimeter of the block would well exceed 1,800 lineal feet. Given these constraints and the provision of a private street, this criteria is satisfied. Block Lengths: Section 18.164.040(B)(2) states that when block lengths greater than 600 feet are permitted, pedestrian/bikeways shall be provided through the block. As previously stated, the existing development pattern of surrounding properties limits the potential for street extensions. Given the width of the private street, the potential conflict with vehicular traffic, lack of area to accommodate a pedestrian pathway, and questionable destination of such a pathway, staff is recommending that a pathway not be required. 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. As indicated on the proposed plan, none of the lots are more than 2.5 times the average lot width and more than 1.5 times the minimum lot size, thereby satisfying this section. 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, unless the lot is for an attached single - family dwelling unit, in which case the lot frontage shall be at least 15 feet. As indicated on the site plan, Lots 1, 2, 3 and 5 comply with this standard. A revised site plan shall be submitted that provides all lots with 25 feet of frontage onto the private street. The entire length of the flag pole on Lot 4 shall be a minimum of 25 feet, not the 20 feet as shown. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. The property does not have sufficient frontage on SW 103rd Avenue to construct half- street improvements including a sidewalk. City standards do not require sidewalks on private streets. Subdivision Variance - Maximum length of a Cul -de -sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97.0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 15 OF 22 There are special circu tances or conditions - affecting le property which are - unusual and peculiar to the land as compared to other lands similarly situated. The - special circumstances that exist are the site's irregular shape and surrounding development pattems that either preclude or limit the possible extension of public streets. As discussed in the future street plan section of this report, a public street is not recommended for this development. Since a public street is not being recommended, nor a public street stub to the west, the applicant has no choice but to provide a cul-de-sac. The subject parcel is a flag lot that requires a street length of at least 280 feet to provide access to the buildable portion of the parcel. The parcel is shaped such that, the buildable portion of the parcel is parallel with SW 103rd Avenue, requiring further street extensions to adequately serve the parcel. The plan could be revised to limit the length to 400 feet. This revision would require a change to the site plan that would either likely result in the loss of a lot or a major reconfiguration of the proposed lots. Since the lots may be reconfigured, since there is no known public health or safety issue by allowing an additional 60 feet to the length of the street, and since an emergency vehicle tum- around has been provided; staff is not sure what the benefit would be to not allowing a slight extension of the street. Therefore, staff is finding that there is an unusual condition affecting this property. The variance is necessary for the proper design or function of the subdivision. As discussed in this report, limitations of providing public street extensions limit the proposal to a private street. Allowance of a 60 -foot extension to the length of the street does not interfere with emergency provisions. It is not clear that requiring a redesign of the proposed subdivision would result in a more efficiently designed subdivision. 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 460 -foot cul -de -sac will not be detrimental to the public or injurious to the rights of other properties. The proposed private street width will comply with the minimum street access width standard and will comply with minimum provisions of the Uniform Fire Code. Allowing a length slightly greater than the standard does not interfere with the rights of adjoining property in any way. Surrounding properties have the ability to continue to use their property as they currently exist, or to potentially develop the properties, whether or not the City grants the variance. 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. A substantial property right is generally considered to be a right to use the property or have economic use of the land. There is no question that the potential is there to have economic use of the property by the construction of a single - family residence, potential minor land partition, or potential conditional use for a duplex and be in compliance with minimum access standards. The variance is necessary to allow the subdivision as the applicant designed it. Further, It is not clear that requiring a re- design of the proposed subdivision to comply with the 400 -foot maximum cul -de -sac length would result in a more efficiently designed subdivision than that which the applicant is currently proposing. Subdivision Variance - Access Width: 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 STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009 /CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 16 OF 22 - special circumstance is• site's irregular shape. The "flag o portion of the flag lot is only P gP P 9 Y 20- feet -wide, therefore, it is not possible to provide the required 25 -foot access width. The applicant's narrative states that neighbors have been approached in an effort to increase the flag width and size of the development, but no agreements were reached. The variance is necessary for the proper design or function of the subdivision. The variance is necessary for the design and function of the proposed subdivision because a denial of the variance would not allow the applicant to create the number of Tots proposed. If the variance were denied and the minimum 25 -foot access width required, the subject property would only be able to accommodate a total of two (2) dwelling units. Section 18.108.070(A) (Access Requirements: Residential) states that the minimum access width shall be 15 feet and the minimum pavement width shall be ten (10) feet for accessways serving one (1) to two (2) lots. As previously stated, the Code is not clear as to the purpose of the minimum 25 -foot width. The width could have been stated to be 22 feet, in which case a variance request for a three (3) -foot modification may not seem as drastic a change. The 20 -foot width does meet the minimum access pavement width requirement, does comply with the minimum standards of the Uniform Fire Code and should thus, provide adequate access to serve the subdivision. Therefore, granting of the variance will continue to allow a proper design and function of the subdivision. 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 a 20 -foot access width will not be detrimental to the public or injurious to the rights of other properties. The proposed pavement width will provide the minimum access width and comply with Uniform Fire Code standards. The Community Development Code does not explain why the access width is 25 feet. Access standards (Section 18.108) do not require the provision of a sidewalk on a private street. Granting a variance to less than the required 25 feet would not necessarily be detrimental to a stated City policy, excepting the fact that, the additional five (5) feet would allow some maneuvering room for vehicles. Staff is concemed about the height of the retaining wall and the verticle drop from the street grade. While the 20 -foot paved width meets the minimum access width standard, the grade differential raises a potential safety concem given the height of the wall. Therefore, the applicant shall provide a means to eliminate the hazardous drop -off. The design shall not reduce the minimum paved access width to less than the minimum 20 feet paved width. Allowing a reduction in the access width does not interfere with the rights of adjoining property in any way. Surrounding properties have the ability to continue to use their property as they currently exist, or potentially develop the properties, whether or not the City grants the variance. 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. A substantial property right is generally considered to be a right to use the property or have economic use of the land. There is no question that the potential is there to have economic use of the property by the construction of a single - family residence, potential minor land partition, or potential conditional use for a duplex and be in compliance with minimum access standards. The variance is necessary to allow development of the property at the calculated allowable density (Section 18.92). The applicant has not provided additional findings as to the extraordinary hardship. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009 /CUP 97-0007NAR 97- 0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 17 OF 22 PUBLIC FACILITY CONCONS: -- - 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 is presently a flag lot with frontage and access onto SW 103rd Avenue. The flag pole width is 20 feet. SW 103rd Avenue is classified as a local residential street which requires a 50 -foot right -of -way (ROW). At present, there is approximately 40 feet of total ROW on this roadway; therefore, in order to mitigate the additional traffic generated from this project, the applicant will need to provide a ROW dedication on the final plat to bring the ROW width up to 25 feet from centerline. The applicant's preliminary plan indicates that they will provide this dedication. SW 103rd Avenue is paved, but not fully improved to City standards. The frontage of this property is only 38 feet, which does not lend itself to a significant improvement if a half - street improvement were required. Staff recommends that the applicant be required to construct a private street entrance onto this roadway in full conformance to the City's public improvement design standards. Some paving may be necessary within the ROW of SW 103rd Avenue in order to build the entrance properly. • Proposed Private Street The plan proposes that all of the lots within this project be served from a private street. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Since this project will only create five (5) lots, this provision of the TMC is met. 18.164.030(S) also indicates that the applicant shall ensure the continued maintenance of private streets by establishing a homeowners association. It is recommended that the applicant place a statement on the face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record Conditions, Covenants and Restrictions (CC &R's) along with the final plat that will clarify how the private property owners are to maintain the private street. These CC &R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. The preliminary plan indicates the grading of this site will result in the need for variable height retaining walls along the north edge of the site. It appears the tallest retaining wall will be five feet in height (at northeast corner of Lot 1. The applicant's plan indicates that the surface water generated by the private street will be collected in catch basins and directed into the proposed water quality pond. However, the section detail of the private street does not show curb on either side of the roadway. A concrete curb would be required on both sides of the roadway in order to facilitate proper storm water collection and to prevent storm water from flowing onto adjacent properties. However, if curbing is provided, the overall paved width of the roadway would be reduced to 19 feet, since each curb has a width of approximately six inches. Section 18.108.070(A) requires a minimum pavement width of 20 feet for private driveways serving between three and six dwelling units. Therefore, the 19 -foot paved width would not meet this provision. Since the applicant did not apply for a variance to this standard, Staff would have to recommend denial of the subdivision. Altematively, there is a way to design the private street without curbs and still accommodate the 20 -foot paved width and facilitate proper drainage. The STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97- 0009/CUP 97-0007NAR 97.0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 18 OF 22 - applicant could use alley gutter design, where the ave�ent would sloe toward the 9 P p middle of the roadway where catch basins could pick up the storm water runoff. Therefore, Staff recommends the applicant redesign the private street to provide for a valley gutter and maintain the 20 -foot minimum paved width. The entrance onto SW 103rd Avenue is another concern. There is an existing driveway immediately south of the proposed private street entrance that serves the adjacent property (Tax Lot 1800); this driveway enters SW 103rd in an opposing direction to southbound traffic, which is a potential safety hazard. In addition, this existing driveway cuts across a portion of the frontage of this site, which will conflict with the new private street entrance. Staff recommends that as a part of construction of the new private street entrance into this development, the applicant also tie in the existing driveway serving Tax Lot 1800. It may be possible to combine the entrances to form a joint driveway entrance. Staff recommends the applicant's engineer submit proposed solutions to the City Engineer as a part of the final construction design submittals. WATER: This site lies within the City's water service area. There is an existing 12 -inch public water line adjacent to the westem boundary of the site and a 6 -inch public water line located in SW 103rd Avenue. The City of Tigard has established minimum and maximum water pressure limits for water service. These limits are 50 pounds per square inch (psi) and 100 psi, respectively. To provide water pressures within the established pressure limits, water service connections in the proposed development above elevation 290 feet shall be served from the 6 -inch water main located in SW 103rd Avenue. The 6 -inch water main is supplied from the pressure sustaining system located on SW Canterbury Lane. This system is adequate to provide the necessary pressures for this development. The connection to the existing 12 -inch water main adjacent to the west boundary of the site is a transmission facility to reservoirs located on SW Canterbury Lane. These reservoirs have an overflow elevation of 410 feet, thus the 12 -inch water main does not provide the minimum required water pressure until the water main falls below an elevation of 290 feet above sea level. Therefore, since this entire site is higher in elevation than 290 feet, connection to the 12 -inch water line, as proposed on the applicant's plan, will not be allowed. All water service for this site will need to come from the 6 -inch line in SW 103rd Avenue. The minimum main line size within the project will be 6 inches. In addition, Tigard's standards stipulate that all portions of residential buildings be within 500 feet of a fire hydrant. There are no existing fire hydrants near this site that would satisfy this requirement. Therefore, a new fire hydrant will be required for this development. SANITARY SEWER: There is an existing 8 -inch public sanitary sewer line located in SW 103rd Avenue with sufficient capacity to serve this site. A new 8 -inch public sanitary sewer line will need to be extended within the new private street to serve the proposed lots. The applicant's plans indicate that they will install the necessary public sewer line. The applicant will also be required to provide a sanitary sewer lateral to the adjacent undeveloped parcel to the east. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 19 OF 22 STORM DRAINAGE: 0 The topography of this site slopes to the north. The applicant's plans indicate that they will install a private storm drainage line within the private street to collect the lot drainage. The storm water will be directed into a private water quality pond to be located between Lot 5 and the private street. From there, a private storm line will be located within the private street and will tie into an existing public storm drainage line in SW 103rd Avenue. The applicant's design engineer will need to submit to the City a downstream analysis in accordance with USA's Design and Construction standards. The analysis will need to determine if the storm line in SW 103rd Avenue, as well as the storm system beyond, will have sufficient capacity to accommodate the additional storm water runoff from this site. If there is a constriction in the downstream system that would result in a negative impact on downstream properties with the addition of the storm water from this site, the applicant will then either need to up -size the downstream system or provide on -site detention. If on -site detention is required, the applicant may be able to up -size the proposed pond and allow it to become a water quality and quantity facility. The downstream analysis will be required prior to construction. Staff is concemed about the ability for the private storm line to pick up all of the drainage from Lot 1, particularly the footing drains, since the topography of Lot 1 falls sharply away from the private street. The applicant will need to address this in the final construction plan submittal; it may be necessary for them to install another private storm line in the back yard of Lot 1 in order to pick up the future footing drains. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. The applicant proposes to construct an on -site private water quality pond adjacent to Lot 5. This facility will need to either be owned and maintained by the applicant or the future homeowners within this project. The applicant shall place a note on the face of the final plat indicating the ownership and maintenance responsibilities for this pond. In addition, the CC &R's for the subdivision shall include a section that specifically addresses the maintenance responsibilities. The CC &R's will need to be reviewed by the City prior to recording of the final plat. GRADING AND EROSION CONTROL: USA Design and Construction Standards 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 USA regulations, the applicant is required to STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 20 OF 22 submit an erosion cool lan for City review and a roal prior to issuance of City Y Pp p C ty permits. The applicant's design engineer will be required to prepare a final grading plan for review and approval. The plan shall detail the provisions for surface drainage of the Tots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20 %, as well as lots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines located adjacent to SW 103rd Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. If the fee in -lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 38 lineal feet; therefore the fee would be $1,045. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: Subdivision approval needs to address how storm run -off will be handled. As shown, lot 1 will not and lot 2 will likely not be able to get storm to the private system. There shall be a condition that states "All concentrated storm run -off shall be conveyed to the public storm system ". Fire apparatus road must be 20 feet wide of all weather surface. No parking along access road, post signs and curb markings. The City of Tigard Police Department has reviewed this proposal and has offered the following comments: Encourage house numbers and curb foot of driveway to each property, as well as, on each house. This would benefit all emergency service providers who are attempting to respond. The City of Tigard Water Department has reviewed this proposal and has offered the following comments: Water is available for the proposed project from the 6 -inch water main located within SW 103rd Avenue. Connection to the existing 12 -inch water main for domestic use, as indicated on the submitted plans, will not be allowed. Water district comments are contained in a memo dated January 12, 1998. A copy is filed in the land use file. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97- 0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 21 OF 22 The City of Tigard Main•ance Services Division has hado opportunity to review . this application and has offered no comments or objections. SECTION VI. AGENCY COMMENTS The Unified Sewerage Agency has reviewed this proposal and has offered 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 duplex lot should have a separate service to each unit. Sanitary service should be by gravity only and no pumping. 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. WATER QUALITY: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. Northwest Natural Gas states that it is important that any work done in SW 103rd Avenue will require a Northwest Natural Gas Company personnel to be on site as there is a 10 -inch high pressure gas main on the west side. There are no other comments or objections to this application. Tualatin Valley Water District and Portland General Electric (PGE) have also had the opportunity to review this application and have offered no comments or objections. f' sS:S_ % :.:.i'- - z':�,..a -::;, `_rx. wr ..5. ...., •,. -•, r. -p-+. � ✓e= .,�'��ti,�•IF?;._'rY_ _ �.; ar• i3.:" y` �, G. +;,;'.?.'. :',;..:r.;,�,i: xe _ t;r ,• { SUBDIVI 1 S ON'APPR01/ALSHALL BE VALIDONLYIFTHE:FINAL =� :, n . ,S:yY..a..T.w K'%t < —.: h W+w...w H"S:; w .»y' a•!'. . rAav . �f T� ^is'.'E • • ; - qq �� , :� 7PL IS:�°SUBMITTED TO TH CI_T,V OF D:TIGARD :WITHIN ;EIGHTEEN.m t:4' -:S•x +' �v'Sfus`.5rx � E " « . , � � � MO `OF. THE „ EFFE C S ., 'TI DATE -OF Tki1S DECIS I.ON, sR January 30, 1998 PREPARED BY: William D'Andrea DATE Associate I anner /AICP • Cid J , January 30, 1998 APPROVED BY: Richard :: ersdorff DATE Planning Manager 1: \curpin \will■sub97- 09.dec STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 22 OF 22 1 01131.ke 11/ 1211.1r ,--1-n k \T7 k 1 I0\ I - y -4—.-.. \ ,(.a , I L \ ` \ • 'r , —.1 ` ) - `.,` 'Z. 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Ellg .r; — 2 O eo , . r2_. 1 � i • i ` +r-,� _ = �.Fsa yV_ t • _ -� -t, Nr 1 a I ` t O O Z '` \ • ,` �. • ; 1 '` \a . ♦• 4 ■ IV O , CITY OF TIGARD PLANNING DIVISION t . ®r Iii SO 1 CITY of TIGARD � 1 � 0100aAAN10 1 AAA ION eTaiaY 1 111111111111111111 011 �. "' � N •� , VICINITY MAP 11111\ ammor Ill ILL VIEW ST • BBIE WOODS SUBDMSION 1 �� MIN � SUB 91 -0009 ins � .,- CUP 97 -0007 4W _,■ YAB 91 -0019 1 YAB 97 -0021 • .,. ,./ .■ ZEN * , j j e T 1 1= cn+�a��t" .0 II4O ARCEL :>»6Ik2 I 11 TE ' - 1 11111 1 I I • IIIIIIIIU NEZ T N lb ERB - 0 100 200 J00 100 600 Fe • sum VI �■ Feet is X66 fed Ain BRnC)K S' - ., A A. � MI r U ( :ity of Tigard t .■ Ildenlntbn on this map 4 for general beetled only and DOCK ST should be verMbd with the Devsbp11er1 servbee OWlebn. 13125 SW Hal Blvd Ttgeld OR 97223 raill iii - I II 1 wan TOD .--..., _�_� _ _ (603) 639-4171 d. or. Idfp7Mww.d.11gerd.w Community Development Plot date: Jan 5. 1998; c :�maglclmagicdd.apr 1 / ,ziwv CITY OF TIGARD Community Development Shaping A Better Community P RO P O S*TLDSeR I PT IO N .rktAw . is 42o DAY 4 24E � ��; ���.: e`%- _'f�,: ra•�, .� �,r: e; > - - FILE NO(S): SUBDIVISION (SUBI 91-0009 CONDITIONAL USE PERMIT [CUP) 97 -0001 VARIANCE IVARI 97 -0019 VARIANCE [VAR) 97 -0021 FILE TITLE: BRIE WOODS SUBDIVISION APPLICANT: Matthew Sprague OWNER: T.P.B. Properties Waker Associates, Inc. Howard Quandt 11080 SW Allen Boulevard, Suite 100 PO Box 1775 Beaverton, OR 97005 Beaverton, OR 97075 (503) 643 -9410 (503) 603 -0154 (Pager) 903 -0347 REQUEST: A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 25111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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 Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. CIT AREA: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY:, DATE COMMENTS DUE: Friday January 16,1998 X HEARINGS OFFICER DATE OF HEARING: 2/9/98 TIME: 1:00 PM PLANNING COMMISSION DATE OF HEARING: TIME: 1:30 PM CITY COUNCIL DATE OF HEARING: TIME: 1:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP X LANDSCAPE PLAN X NARRATIVE SITE PLANX TREE PLAN X ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY X OTHER Addendum's 1a 2 to findings STAFF CONTACT: William D'Andrea, Associate Planner (503) 639 -4171 Ext. 315 SUB 97 -0009 /CUP 97-0007NAR 97- 0019NAR 97 -0021 BRIE WOODS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS 105111 SUBDIVISION APPLICATION a .. r„ t t f l , � a 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 FAX: (503) 684 -7297 a L CITY OF TIGARD PRE -APP. HELD WITH: 1/1,40 GENERAL INFORMATION DATE OF PRE -APP.: 6 1733/97 Property Address /Location(s): 14225 SW 103rd FOR STAFF USE CAR ONLY J0� , (2/ .4 Case No.(s): )F —0154) 401 J� Tax Map & Tax Lot #(s): 2S1 11BB - 1900 Other Case No.(s): • Receipt No. T. 7 Site Size: Application Accepted By:g_tti Property Owner /Deed Holder(s)': T.P.B. Properties Date: (y I Address: PO Box 1775 Phone: 603 -0154 be Determined To Be Completer City: Beaverton, OR Zip 97075 Applicant`: Howard Quandt - T.P.B. Properties /,v Comp Plan/Zone Designation: Address: PO Box 1775 Phone: 603 - • 4 • City: Beaverton, OR Zip: 97075 CIT.Area: When the owner and the applicant are different people, the applicant Recording Date and Number: must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) Re;;; 8/3146 _ ..:-Ocuililnnasterslsuba pp_doc 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: ✓ Application Elements Submitted: [/ Application Form parcel into 5 lots between 9 Owner's Signature/Written Authorization 10.041 _ and 12,264 square feet in size. Title Transfer Instrument or Deed WA. CO. Subdivision Name Approval p Site/Plot Plan (provide any additional information here) (# I � Sr } 5 of copies based on pre -app check list) p' Site/Plot Plan (reduced 81/2"x 11") Applicant's Statement ($ (# of copies based on pre -app check list) Filing Fee (Preliminary Plat).... $2,125.00 (+ 510 Per Lot) (Final Plat) $ 295.00 1 10/00/07 THU 11:44 FAX 503 508 1980 CITY OF TIGARD 1Tj003 f 1111 0 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: Hammerhead Gti+-eie- sac-len th ex 400' - Variance + Conditional Use for duplexes on all f ivelots. A PPLICANTS: To consider an application complete, you will need to submit ALL of the ilEaUBREMI.RIKErALfijamens as described on the front ofthis application in the "Required Submittal Elements" box. (Detailed Subniltttal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(5) SHALL CERT1FY THAT: • mi111212mEzusi that may be attached to yjrpposed upon the ;Meet • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approvaL • All of the above statements and the statements in the plot plan, attachments, and exhibits transmkbed 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 applleatiOn, 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 e , i day of .19 7, 'r/ 8 = • _ ,lr 4- 4 1 /-.;, - 4,....,‘" Owner's Signature / Owner's Signature Owner's Signature Owner's Signature 2 • t a(�91- � 6f.. April 12, 1999 CITY OF T IGARD OREGON Howard Quant TPB Properties PO Box 1775 Beaverton, OR 97075 Dear Mr. Quant: The purpose of this letter is to reiterate that the City has not received the Conditional Use Permit Application fee of $1,615 and, therefore, can not begin processing this application. Upon receipt of your check for $1,615 made payable to the City of Tigard; staff can begin the review process. Once the application fee is paid, the application will be assigned a case number and logged into the docket book. Staff will then review the application for completeness and notify you within 30 days if there is any information needed before the application can be deemed complete. Once your application is deemed complete, the approximate processing time is 6 -8 weeks before the Hearings Officer will hear the proposal. When a date certain has been scheduled for the public hearing, the City will notify you. Please contact me if you have any questions regarding this letter or the Conditional Use Permit process. I can be reached at 503 - 639. -4171 x -407. Sincerely," Julia Hajduk Associate Planner c: Dick Bewersdorff 1999 Planning correspondence file Quant CUP Submittal Materials 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 0 0 4' AFFIDAVIT OF MAILING o IGARD Community Development Shaping A Better Community STAOOYTE GO TC ) County of Washington ) ss. City of Tigard ) I, Susan M. Weber, being first duly sworn /affirm, on oath depose and say that I am an Administrative Specialist /for the City of ?ward, Washington County, Oregon and that I served the following: {Chec( Appropnate Box(s) Below} NOTICE OF DECISION FOR: AMENDED NOTICE (File No/Name Reference) City of Tigard Planning Director NOTICE OF PUBLIC HEARING FOR: • AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission T �� p//�� Tigard City Council NO � TI O FINAL ORDER FOR: �/ E 17c1-1-0009 No./Name Ree / � 7, Ooi 1 re , 61 Ii fegiS ED N 8� 1 w0 4005 w0 4005 1 0� (Fi V��p1• 0021 (Date g) City of Tigard Planning Director ✓ Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF FOR: l 1 (Type/Kind of Notice) (File No/Name Reference) (Date of Public Hearing, if applicable) • A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION /NOTICE OF FINAL ORDER /OTHER NOTICEISI of which is attached, marked Exhibit "A ", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B ", on the 24-x'- day of poi/ tafj 1998, and deposited in the United States Mail on the 244'• day of IeibilitaYtJ/ 1998, postage prepaid. 95voevtA y' , v)- ✓ (Person that Prepared Notice) y�j� ` Subscribed and swom /affirmed before me on the cc? day of � '` -1 v 1 -4-�� , 19 / 3. � 1 ‹ -+�, OFFICIAL SEAL / T • 604kL . DIAN M JELDERKS � js '' NOTARY PUBLIC- OREGON �;;;� COMMISSION N0. 046142 NOTARY PUBLIC OF OREGON MY COMMISSION EXPIRES SEPTEMBER 07, 1999 ,� s: EXHIBIT A BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by T.P.B Properties for approval ) FINAL ORDER of a preliminary plan to divide 1.52 acres into 5 lots, a ) SUB 97 -0009 - conditional use permit for a duplex on one lot, and variances ) CUP 97 -0007 to access standards for land at 14225 SW 103rd Avenue ) VAR 97- 0019/21 in the R -3.5 zone of the City of Tigard, Oregon ) (Brie Woods) I. SUMMARY A. This final order concerns an application to divide 1.52 acres into 5 lots. All of the proposed lots comply with dimensional requirements of the R -3.5 zone. A single family detached dwelling will be built on four of the proposed lots. A duplex is proposed on proposed Lot 1 at the northwest corner of the site. A duplex is a conditional use in the R- 3.5 zone. The site is between MacDonald Street and View Terrace and west of SW 103rd Avenue. The buildable area of the site is situated roughly 265 feet west of 103rd Avenue. A 20 -foot wide strip of land connects the buildable area of the site to 103rd Avenue. B. The applicant will extend public sewer and water service to each lot. The applicant will dedicate right of way for 103rd Avenue along the 20 -foot wide site frontage. The applicant will build a 460 -foot long private drive from 103rd Avenue within the 20 -foot wide strip to serve the proposed lots. The CDC prohibits cul -de -sac streets from being more than 400 feet long, and requires access to three or more dwellings to be in a tract at least 25 feet wide. The applicant requests variances to those standards. C. Given the topography of the area, it is a challenge design a minimum 20 -foot wide paved surface in what is only a 20 -foot wide strip. There is more than one way to develop the private drive. The applicant proposed one way, which requires retaining walls up to five feet high above and below the roadway. Another way could result in fewer and lower retaining structures and/or a wider unencumbered roadway. A valley gutter or inlets in the private drive could collect surface water without reducing the width of the drive. D. The applicant proposes to collect storm water runoff from impervious areas and to direct it to a surface water facility in a tract on the site, from which it will be piped to the storm sewer in SW 103rd Avenue. A homeowners association will be created to own and maintain the tracts containing the private drive and the surface water facility. E. At the public hearing in this matter, City staff recommended subject to conditions. See the Staff Report dated January 30, 1998 (the Staff Report). The applicant generally accepted the staff recommendations. Four neighbors testified orally with objections and concerns. The hearings officer closed the record at the conclusion of the public portion of the hearing. The principal issues in this case include: • Whether the private drive serving the site will be at least 20 feet wide, as required by the development standards, after mitigating for hazards posed by retaining walls and/or storm water features; • Whether the site characteristics are suitable for the proposed conditional use duplex considering size, shape, location, topography and natural features; and • Whether and to what extent requested variances to the access standards should be granted. Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97- 0019/11 (Brie Woods) Page 1 F. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the subdivision, denies the conditional use permit, and approves the variances substantially as proposed, subject to the conditions recommended by City staff with certain modifications described more herein. II. HEARING AND RECORD A. Tigard Land Use Hearings Officer Larry Epstein (the hearings officer) held a duly noticed public hearing on February 9, 1998 to receive and consider public testimony in this matter. The following testimony was offered at the hearing. 1. City planner Will D'Andrea summarized the proposal and existing conditions on and around the site. He explained why the future street pattern submitted by the applicant is appropriate given land uses to the west. He discussed the requirement of the Uniform Fire Code and the CDC that the private drive must be at least 20 feet wide. The drive cannot have even something as insignificant as a 6 -inch wide curb or guard rails without reducing its width to less than 20 feet. He noted, however, the CDC only requires the drive to be 20 feet wide. It requires the driveway tract to be at least 25 feet wide to accommodate such things as curbs and guard rails outside the roadway. He discussed the City staff concern about the hazard posed by the height of the retaining wall on the north side of the private drive. If it is elevated that much, some measure is needed to protect people from falling off. But a guard rail would take -up some of the available 20 -foot width of the driveway. He opined the driveway could be redesigned to reduce the number and height of retaining walls so that guard rails are not necessary and to avoid the need for curbs. He introduced into the record a letter from Charlie Bernards and a facsimile from Larry Kollay. 2. Matt Sprague appeared as the representative for the applicant. He accepted the Staff Report, including proposed conditions of approval. He testified the applicant does not have specific plans for the duplex structure. 3. Jack Reeves appeared as the engineer for the applicant. He discussed issues relating to the proposed private driveway. He said the proposed design achieves a relatively smooth transition. To achieve that given the relatively steep slope across and adjoining the 20 -foot strip, the applicant had to use retaining structures. If the driveway follows the existing topography more closely, rising and failing accordingly, fewer and lower retaining structures will be needed, and, in combination with a valley gutter system, all of the 20 -foot width of the driveway tract can be paved. He acknowledged the need to provide a 20 -foot paved surface. 4. Charlie Bernards appeared on his own behalf. He owns the adjoining property to the north. He questioned the name of the subdivision, arguing that name already was used in Washington County. He raised concerns about surface water run -off from the site onto his property. He raised concerns about drainage impacts of the proposed private driveway, the impacts of associated retaining structures, hazards created because the roadway will be so elevated above his property, and hazards for emergency vehicle maneuvering, because the roadway will be narrow. He argued the City recommended a public street through the site when it was proposed for development in the past, and its recommendation in this case is inconsistent with that history. He argued, before the City approves a plan for the driveway, he should have a chance to review and respond to it. 5. Monica Heise testified in her own behalf. She owns the property south of the 20 -foot driveway tract. She noted that there is a second legally established dwelling on her property near the driveway tract, but it is not shown on the applicant's plans. Her principal concern was that the development not increase surface water drainage problems. Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97- 0019/21 (Brie Woods) Page 2 6. Douglas Johnson appeared on his own behalf. He owns land south of Ms. Heise. He also raised concerns about the narrow width of the proposed private driveway tract compared to experience developing his property. He argued there is not adequate sight distance at the intersection of the private driveway and SW 103rd Avenue, because there is a 12% grade which obstructs visibility. He recommended the hearings officer reduce the density of the proposed development to reduce its negative impacts. 7. Don Meyers appeared on his own behalf. He owns land south of the developable portion of the site. He echoed Mr. Johnson's testimony about limited sight distance and about hazards created from the limited width of the private driveway. He also expressed concerns about removal of trees on the site. 8. In rebuttal, Mr. Reeves testified the height of the wall is only 3 feet adjoining the roadway, but acknowledged it was five feet nearby. He also testified that, by intercepting surface water and directing it to the water quality pond on the site for discharge directly to the storm sewer line in 103rd Avenue, the project should reduce surface water problems. Regarding the design of the private driveway with a "hammerhead" turn- around instead of a bulbous cul -de -sac, he noted the fire marshall approved that design, and Mr. D'Andrea confirmed it is consistent with City development standards. He testified the evidence in the record shows there is ample sight distance at the proposed intersection, and calculations in the record show the water quality facility is sized to accommodate reasonably expected flows from a design storm. He acknowledged the applicant will not be able to collect all surface water from impervious surfaces on Lot 1. 9. Also in rebuttal, Mr. Sprague testified that the row of tall trees on the south edge of the developable portion of the site will be preserved as a buffer. He testified the County Surveyor had approved use of the proposed name. He noted the private driveway has a turn-out adjoining the tract containing the surface water facility so a maintenance or emergency vehicle can park or maneuver there. B. No witness requested the hearing be continued or the record held open. The applicant waived its right to have the record held open one week for final argument. The hearings officer closed the public record at the conclusion of the hearing. III. DISCUSSION A. City staff recommended approval of the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report. The applicant accepted those conditions. The hearings officer agrees generally with most of those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order except as expressly provided to the contrary in this Final Order. B. There is a dispute about whether the future street plan should be approved, because it does not provide for the extension of a public street east -west across the site. Based on the testimony by Mrrs. Johnson and Bernards, in the past, City staff have said such a street would be required. The hearings officer fords that the advice City staff gave in the past has no value as precedent, because it is not a land use regulation. The relevant regulation is CDC 18.164.030(F). That section provides that a public street should be extended to the edge of a site if necessary to give access to or to permit a satisfactory future division of adjoining land. In this case, City staff concluded, "[g]iven the existing development pattern of surrounding properties and future development potential, staff finds that it is not necessary to extend a public street for future connections or facilitate future division of Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97- 0019/11 (Brie Woods) Page 3 . M • Y � • adjoining land." (Staff report, p. 14) The hearings officer agrees with the staff. Adjoining land to the west is developed or zoned for development for multi - family uses. The future street plan the applicant submitted shows that adjoining land can be accessed other than through the site. It is not desirable to route higher intensity traffic from apartment uses over a local street through a single family residential neighborhood if alternatives exist, as they do in this case. The future street plan also shows potential development on land north and south of the site can be accessed from streets or drives that exist or can be created on those properties. Public pedestrian or bicycle access through the site in the absence of a public street is not required by the CDC. C. There is a dispute about whether the proposed cul -de -sac provides adequate room for emergency vehicle maneuvering. Although the hearings officer acknowledges that movement of multiple emergency vehicles on the private driveway could be problematic, CDC 18.108.070.0 only requires a hammerhead turnaround with a minimum depth of 40 feet. The proposed driveway complies with this standard. The turn-out near the surface water facility will provide access for maintenance to that facility and will facilitate emergency vehicle movement on the cul -de -sac. There is no evidence in the record from the fire marshall raising concerns about maneuverability. The hearings officer finds the proposed private drive provides for adequate emergency vehicle access and maneuvering under CDC 18.108.070.C, because it will comply with the hammerhead standard, it will include a turn-out, and the fire marshall did not timely object to it on the record. D. There is a dispute about whether the proposed cul -de -sac has adequate sight distance where it intersects 103rd Avenue. The hearings officer acknowledges that the grade of 103rd Avenue could pose an obstacle to sight distance from the cul -de -sac, particularly to the south. The CDC 18.102 requires a relatively small vision clearance area - -- a triangle with 30 -foot long sides along the right of way - -- compared to codes of other jurisdictions. But that is all that the CDC requires. The hearings officer cannot impose greater requirements than the CDC unless authorized to do so. In this case, the hearings officer concludes he cannot require the applicant to provide greater sight distance at the intersection, because the City has a vision clearance standard for that purpose, and the application does or can comply with that standard. E. There is a dispute about whether the proposed cul -de -sac will be a full 20 feet wide as required by CDC 18.108.070.A. 1. The hearings officer notes that condition of approval 9 clearly requires the improved portion of the private driveway to be at least 20 feet wide. Therefore, if the driveway is not 20 feet wide based on engineered plans, the City cannot approve the final plat without amending the condition of approval. 2. The hearings officer also is satisfied by Mr. Reeves' expert testimony and by the evidence in the record regarding the topography of the site and adjoining land that it is feasible for the full 20-foot width of the private driveway tract to be paved for roadway purposes. To achieve this the applicant will have to avoid using and/or reduce the height of retaining structures along the road so that guard rails are not needed to protect the public from the hazards of an elevated roadway. The applicant also will have to use a valley gutter or inlet system that prevents surface water from flowing off -site from the driveway without using curbs. 3. Subject to these reservations, it is practicable for the applicant to do what must be done to provide a 20 -foot wide paved driveway. Whether he succeeds in that effort can Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97-0019/21 (Brie Woods) Page 4 • be verified by examination of final engineered plans submitted by the applicant pursuant to conditions of approval, including condition 9. 4. Mr. Bernards and Ms. Heise raised concerns about the ultimate design of the access drive. Mr. Bernards requested an opportunity to review the final plans for the drive. The CDC does not provide expressly for such a review. a. There is support under case law in Oregon for public notice and a meaningful opportunity to participate when substantial discretion must be exercised in determining compliance with a condition of approval, particularly where a party could be significantly aggrieved by the exercise of that discretion. On the other hand, there also is support for the proposition that the exercise of limited discretion involving professional judgment generally is not subject to public notice and review, because it is not a land use or limited land use decision. b. In this case, it appears likely the applicant will have to redesign the access drive to fulfill condition of approval 9, (i.e., to have a full 20-foot paved width without curbs or guard rails that would effectively reduce that width). Given the topography and storm water issues, compliance will involve more than just measuring the drive width. It will involve related issues such as public safety, structural stability and storm water drainage. These issues all are within the purview of the City Engineer and involve the exercise of professional judgment. Therefore the ultimate decision whether to approve the final design should be delegated to the City Engineer. c. But, because of the narrowness of the access strip, the steep topography abutting the strip, the testimony about drainage problems in the vicinity, and the proximity of neighboring structures to the strip, the hearings officer fmds the owners of the two properties abutting the access strip (properties now owned by Mr. Bernards and Ms. Heise) have a substantial interest in the final design of the access drive. To protect that interest, given the present uncertainty about the ultimate design and grade of the access strip improvements and the extent of the professional discretion the City Engineer will apply when deciding whether to approve the final plans submitted by the applicant, the hearings officer fmds those owners should have a reasonable opportunity to participate in the review of the final design for the access drive. This is preferable to denial, because of the lack of an approvable access plan in the record, or reopening the record to consider a new plan. d. To protect the applicant's interests, such an opportunity should not unreasonably delay final action by the City, and it should be limited to the owners of the two properties abutting the narrow portion of the access strip, because other properties are not situated such that they could be significantly affected by the ultimate design of the access drive to the same extent. e. The hearings officer encourages the applicant to coordinate with the owners of the two properties abutting the access strip regarding the final design of the access drive to reduce the need for further City - managed opportunities for review. (1) If the applicant submits a written statement to the City signed by the owner of either or both properties abutting the access drive accepting the design for the access strip improvements proposed by the applicant, or accepting that design subject to certain changes or reservations, that will protect that owner's interests in this issue, and no further notice to those owners should be necessary to protect those interests. (2) If the applicant does not submit such a statement from owners of both properties abutting the access tract, the hearings officer finds the City should mail Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97- 0019/21 (Brie Woods) Page 5 • notice to the owners of those two properties (or to the owners of one of those properties if the applicant submitted a written statement signed by the owner of the other one of those properties) before the City approves the proposed final plans for the access drive. The notice should advise the owners that a final plan for the access drive for the subdivision has been submitted to the City and should state that they may submit a written statement about the plan to the City by a certain date not less than 14 calendar days after the date the City mailed the notice. If the notice does not include a copy of the proposed final design, the notice should state where and when such plans are available for inspection and who to contact at the City to observe and discuss the plans. The City Engineer should consider written comments timely received by the City by or on behalf of the owners of the properties abutting the access strip before deciding whether to approve the final design. F. There is a dispute about the density of the proposed development. Several witnesses argued the density should be reduced, principally because of access limitations. City staff and the applicant point out that the proposed density is within the range permitted by the R- 3.5 zone, the proposed lots comply with the dimensional minimums in that zone, and the width of the paved portion of the driveway complies with CDC minimums. 1. The hearings officer acknowledges the virtues of the application listed above. Because of those facts, the hearings officer cannot reduce the number of lots proposed, and feels compelled to approve the application for the subdivision subject to conditions to ensure it does in fact comply with applicable standards. 2. However, to receive approval of a conditional use permit for the duplex dwelling on proposed Lot 1, the applicant must do more than show that the lot complies with dimensional and density standards. If that was all the applicant had to do, then that is what the CDC would say. It does not say that. It requires the applicant to show that it complies with the standards for a conditional use permit in CDC 18.130.040. 3. One of the conditional use standards requires the applicant to show "[t]he characteristics of the site are suitable for the proposed use considering size, shape, location topography and natural features." The Staff Report says the conditional use application complies with this standard, "because the lot itself satisfies the minimum standards necessary to create the proposed lot..." (Staff Report, p. 9) The hearings officer finds that the fording in the Staff Report is not responsive to the approval standard quoted above. 4. In this case, the hearings officer construes the CDC such that the term "site" for purposes of all of the applications under concurrent review is all of the land subject to the applications, not just the lot where the conditional use duplex is proposed. Even if the term "site" for purposes of the CUP application just refers to the lot where the conditional use duplex is proposed, CDC 18.130.040 clearly requires the hearings officer to consider more than that lot when deciding whether to approve the CUP application. 5. The size of the proposed lot for the duplex is presumed adequate for that use, because it complies with the minimum lot size for a duplex in the R -3.5 zone. The min- imum lot size is the same for a detached or attached (i.e., duplex) single family dwelling. 6. Even though the lot size is presumed adequate, there is no substantial evidence that the site will in fact be adequate in this case. That is, the application does not include a plan for the duplex dwelling nor an analysis of the suitability of the site for a duplex considering its shape, location, topography or natural features. In the absence of such a plan and other responsive substantial evidence, the hearings officer finds the applicant failed to carry the burden of proof that the site is suitable for the proposed duplex. Moreover the hearings officer fords as follows: Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97- 0019/11 (Brie Woods) Page 6 a. Given the steep slope on and abutting proposed Lot 1, the more development on that lot, the more likely retaining structures will be needed and trees and other natural features will be destroyed. The applicant's plan shows two trees will be removed and a retaining wall will be needed along the north edge of Lot 1 due to grading. It is not apparent from evidence in the record if grading could be reduced and retaining walls could be lower or eliminated if Lot 1 is developed with a single family detached dwelling. If so, a duplex on that lot is not as suitable as a single family detached dwelling considering topography and natural features. b. Given the slope on proposed Lot 1 and the proposed storm water facility up- gradient from the natural grade on Lot 1, the more impervious surface or filling on proposed Lot 1, the more likely there will be adverse off -site storm water drainage impacts. The applicant conceded he could not collect storm water from all of Lot 1, because of the elevation of the lot compared to the water facility. In the absence of a plan to the contrary in the record, it is reasonable for the hearings officer to assume that the impervious area associated with a duplex structure will use an area twice as large as the impervious area for a single family detached dwelling. Thus it will increase the impact of storm water drainage. c. The greater building bulk and/or height necessary to accommodate two dwelling units on the same size lot as one dwelling unit could have more adverse impacts on the privacy of abutting properties. Given the grades of the site and abutting properties, such impacts would be difficult to mitigate. Given the lack of detailed plans for the duplex, the hearings officer cannot determine whether the privacy impacts will occur or whether they will be mitigated. d. The applicant failed to show the location of the proposed duplex is suitable, notwithstanding it is more than 400 feet from the nearest public street and will be accessed from a substandard -width access strip. Although the paved portion of the access drive complies with minimum CDC and UFC standards, it does nothing more. There is no room on the site for a separate pedestrian or bicycle path, and there is no evidence such features can or will be provided on adjoining land. The narrow access strip precludes a sidewalk. People who live on the site will have to walk in the drive to reach SW 103rd Avenue. The more dwellings served by the accessway, the greater the potential hazard to pedestrians and cyclists who have to use the drive for access to their homes. By increasing the number of dwelling units served by the substandard access strip, the proposed duplex increases the potential risk. Allowing one fewer dwelling unit presumptively reduces the risk by 10 vehicle trips /day and equal number of pedestrian/bicycle trips, based on the I TE Trip Generation Manual. G. There is a dispute about the adequacy of the storm water drainage features proposed for the site. Although the concern is a reasonable one and is sincerely expressed, the only substantial evidence in the record about the storm water system supports a finding that the proposal complies with relevant City standards in CDC 18.164.100. See, e.g., Staff Report, pp. 20 -22. The hearings officer accepts the testimony of Mr. Reeves that storm water measures in the subdivision should reduce off -site surface water flows to the north, and, hence, reduce off -site storm water problems about which witnesses testified generally, because rain falling on impervious areas of the site (at least up to and including design storm events) will be collected and discharged to a tightline storm sewer in 103rd Avenue rather than continuing to flow into and across the site. H. There is a dispute about the subdivision name. That is a matter for which the County Surveyor is responsible. Evidence in the record shows the surveyor approved the proposed name. Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97-0019/21 (Brie Woods) Page 7 ! • I. Although not framed as such, the substance of much of the public testimony effectively concerned the variances, in that the proposed development is permitted only if the variances are granted. The hearings officer accepts and adopts most of the findings in the Staff Report (pp. 16 -17) to support granting the variances. However the hearings officer finds it is not an extraordinary hardship to limit use of the proposed lots to single family detached dwellings, and that there is no property right to develop proposed Lot 1 with a duplex, because a duplex is not a permitted use; it is a conditional use subject to broad and discretionary standards. The hearings officer also finds that, at least where a property can be developed with the maximum number of lots permitted by the applicable zoning, there is no right to develop property at its maximum permitted density if, to allow such density, one or more variances must be granted to standards that otherwise apply. To the extent the findings in the Staff Report are to the contrary, the hearings officer does not adopt them. IV. CONCLUSION A. The hearings officer concludes that the subdivision and variance applications do or can comply with the relevant standards and criteria of the Tigard Community Development Code (CDC) as provided in this Final Order, provided the application is subject to conditions of approval that ensure the final subdivision plat and subsequent development will comply with applicable CDC standards and criteria. Therefore those applications should be approved subject to such conditions. B. The hearings officer further concludes that the applicant failed to bear the burden of proving that the conditional use permit for the duplex dwelling does or will comply with the relevant standards and criteria of the Tigard CDC. Moreover the hearings officer concludes it does not and will not comply with those criteria and standards. Therefore that application should be denied. V. DECISION Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby denies CUP 97 -0007 (Brie Woods). The hearings officer also approves SUB 97- 0009NAR 97- 0019 /21 (Brie Woods) subject to the conditions of approval in the Staff Report with the following change: A. Condition of approval 9 is hereby amended to read as follows: 9. The applicant shall submit to the City Engineer for review and approval an engineered design for the private street. a. The plan shall incorporate a valley gutter drainage system or other design to eliminate the need for curbs at the outer edges of the roadway and shall maintain a minimum unobstructed paved width of at least 20 feet. b. If the applicant does not submit a written statement signed by the owners of both properties abutting the narrow portion of the access tract accepting the proposed design (as is or with certain changes), the City shall mail notice to the owners of those two properties (or to the owners of one of those properties if the applicant submitted a written statement signed by the owner of the other of those properties) before the City Engineer approves the proposed final plans for the access drive. The notice shall state that a final plan for Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97- 0019/21 (Brie Woods) Page 8 • • the access drive for the subdivision has been submitted to the City and shall state that recipients of the notice may submit a written statement about the plan to the City by a certain date not less than 14 calendar days after the date the City mailed the notice. If the notice does not include a copy of the proposed final design, the notice shall state where and when such plans are available for inspection and who to contact at the City for that purpose. The City Engineer shall consider written comments timely received by the City from the owners of the properties abutting the access strip before deciding whether to approve the final design. D • TE'this 20th day of - . ruary, 998. Ash / ' 11110 AA.A.,./A Larry Epstein Q ' City of Tigard : • 'y .s Officer Hearings Officer Final Order SUB 97 -0009 /CUP 97- 0007NAR 97- 0019/21 (Brie Woods) Page 9 Agenda Item: 20 Hearing Date: February 9. 1998 Time: 7:00 PM ;,�-;.s'#r :��..�+v�7 .� ��, r,.r�'� .�3-!-i!:s^:rr » -;sr -...- :" ,'' ='.�: :'".?'1�.` ::«;i �' " q *3' �r.;�. _. *•3sx a• t ;.> �.. tsi " «'v+:'/+� � ^.6.'• `'X� w +. 1y:.tv`. �. G,'.",e. ° b ," �'.� '�,;,. ?3�' �`.� •. r�";.,t;� x �� c� ,.`� ;; ..r y as. r.• = STAFFREPORT TOTHE -2�. ° _ ,� {, z ,s • •r w a ' " 1,, 3 : s � sa. • ,. —*to „ ,:1: i'sS'` '�Fd s- ..Me:ct b °r ^(. y-. -:qx �� � p• , rw� � `�y, r,, 'i..'`",4�� -.,.,- ��° q 4 ; r p * a. ;., v' ' Y. cyg N " '.� J t •'I 'KP ^� " .u.. - s�r- '_'`" ,�- �. ,.�`:.s"�'y::.`- ?..:' So-„ - , y .. .��;� � �� � k.n� �HEARIN S�OF'�ICER�,���::.��.; w;� � �.� - r {+ yh,�,'' : „' � �'. 'n', z; -r : •r'k ;.0 a> N ' t i , • ` Y .: ° :sue.. • I Y OF TIOARD • .yy " '+ ,' ,3 -; �s 1v;3"(''` ^'r,{ .i.. C , . ,;S•• �v'+ s�,,.4c. - 3 }r^k` ' f, °� " .n k4 'ti.. - OREGON r H �' ° ". g? a i'�"d% w +aZ' s„ Ji� y �fi , �; ? • ,.� - r,. .^t w- 'yu,p&, � dr'a... may.. 4 � " ` > 4 �.$ a: k �Li'` a�:` ld` t. �' atr�•". �` �" usx' z' r. as: z''",. �hka% G✓ �. i�' w<».'" �> an..'_`; 4:: sb. Ya SECTION I. APPLICATION SUMMARY CASES: FILE NAME: BRIE WOODS SUBDIVISION Subdivision (SUB) 97 - 0009 Conditional Use (CUP) 97 -0001 g Variance (VAR) 97 -0019 Variance (VAR) 97 -0021 PROPOSAL: The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) Tots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit Review to allow one (1) lot to be used for the construction of a duplex; 3. Variance request to allow an approximately 460 -foot long cul -de -sac, whereas, the Tigard Community Development Code states that the maximum cul -de -sac length shall be 400 feet; and • 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. APPLICANTS Matthew Sprague OWNER/ T.P.B. Properties REP. Waker Associates, Inc. APPLICANT: Howard Quandt 11080 SW Allen Blvd., Suite 100 PO Box 1775 Beaverton, OR 97005 Beaverton, OR 97075 COMPREHENSIVE • PLAN DESIGNATION: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 3.5 Units Per Acre; R -3.5. LOCATION: 14225 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is located south of SW McDonald Street, north of SW View Terrace and on the west side of SW 103rd Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.150, 18.160 and 18.164. SECTION II. STAFF RECOMMENDATION - '���! �';�X: C{s^ `�7a.ESt7:�` ,�," ,z,�,- '"+{�4p.�? i�.:,;.r� a >. ,;� L• y�r ° '- . "�•,d`Y � zaS�sJ's'� Staff rommndnthat4the Plannin CCommission -fir d� theypropseod$ "Subdiv i o � .�ee e ... � ,.- ' 9 � :.; - :>r „ti.:��.. �, is o will not i "= a'2t 'A.E 1s- � �� sS1 3'K "F+Y-.ht .C u:�.-M`�. .�` y t; t e ealth safety, lfare of tli City - Th e rre fore s recom •-APPROVAL;�subfe to' thelfollowingr ecommended -:condtttons �off ap p roval• s ''SitY 3^'r'. rs, : r �2y ° .. ?:k,.»....- >:'�'�-':'.:�.rsr £ rs . 6°:. i '.”' Y-: u,. t'.: x'_..,' ,a'aY.:�,a,'�5V- �.'�'IC.2%1 -.w� 5 +. + °':. ..' �.� - °s�-1 .:..;,,, ' L ^i STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97- 0009/CUP 97- 0007NAR 97- 0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 1 OF 22 • CONDITIONS OF APPROVA ;�"s: "• '.R: +t;''1!'_:� <" °'� ' ;w'S:�''s':'as�'. = �. i "x�° r ` -� , i� _ '.•"a„',. P' c.; ".' f �-' ALL ONDITIQNS' C SHALL `C BE . SATISFIPRIOR ED TO } RECORDING F - � n + 3 �.� 01 '* zw "�' .r " c'�^..Piri �Lii��tt,,:.;�,r:• > '�►, Y.. -w, #;• .'.., -_ , � ` s T,.HE NAL P TJWITH WASHING 'TON " :COUNTY ;t�h t zi.. j'�"'�y ,, ..; .�. ,y .;Y. : €�`. "Ad _=�{.'�'' x^1 - X'n '' 3...�, t`' . f ':' „ l • . ' °R4 i .' : ri , ` ,ew,:e Sa.,. � .a: + w” -t• (Unless.;otherw ise s t 3 c' ontac altcondis= � 'y,->; < >.<_. -, y,J./y >•'.:.`. e$ "J! =3t c . ' � ^p�4s Jx=•; � g^� '.�. ,,,ISZA, r� 5, i; y ;- ..+ . '.: ..t` C4-, �. ...+FJ�f. - Yy a, tion �,,}} " :7 ; .� Brian ,Rager�.w thythe En ineerin De artm nt=a ' j ., -�:A� _ �: ,g g p�_ e t �t!p: us r` 2 . nr "`i:?a ...,.x s:r�'..+'sx+4mR� _t;z .. -5$ "£2' i . ...„ - '�"; . - ^•}: ^:- am.�,; £'.`. .,. ', " °,'�`.al°,'.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. Additional right -of -way (ROW) shall be dedicated to the Public along the frontage of SW 103rd Avenue to increase the right -of -way to 25 feet from the centerline. The dedication shall be shown on the face of the final plat. 4. The applicant shall construct a private roadway entrance at the intersection of the new private street and SW 103rd Avenue to meet City public improvement design standards. 5. The applicant's design engineer shall submit proposed solutions to the City Engineer, as a part of the construction plan submittal in regard to resolving the conflict between the proposed private street and the existing driveway entrance immediately south, which presently serves Tax Lot 01800 (WCTM 2S111 BB). 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 7. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project to be recorded with the final plat that clearly lays out a maintenance plan and agreement for the proposed private street. The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC &R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 8. The pavement and rock section of the proposed private street shall meet the City's public street standards for a local residential street. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97- 0009/CUP 97-0007NAR 97- 0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 2 OF 22 9. The applicant shalt design the private street to incorpo dte a valley gutter drainage system to eliminate the need for curbs at the outer edges and maintain a minimum 20 -foot paved width. 10. Any extension of public water lines shall be shown on the proposed public • improvement construction drawings and shall be reviewed and approved by the City's Water Department as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the public improvement plans from the Engineering Department and the construction of public water lines. 11. The applicant's new public water line shall be extended from the existing six (6) -inch public water line in SW 103rd Avenue. There shall be no connection made to the 12 -inch line adjacent to the westem boundary of the site. The new water line within the private street shall be a minimum of six (6) inches in size. 12. The applicant shall install a new fire hydrant to serve this site. All portions of the new homes shall be located within 500 feet of a fire hydrant. 13. The applicant shall install an eight (8) -inch public sanitary sewer line within the new - private street and provide individual services to the new lots. 14. The applicant shall provide sanitary sewer laterals to the adjacent undeveloped properties. 15. Prior to construction, the applicant's design engineer shall submit documentation, for review by the City (Brian Rager), of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform • an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes ten (10) percent or Tess of the total tributary drainage volume, but in no event less than 1/4 mile. 16. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25 -year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on -site detention facility. 17. If the projected increase in surface water runoff which will leave a proposed development will cause or contribute to damage from flooding to existing buildings or dwellings, the downstream stormwater system shall be enlarged to relieve the identified flooding condition prior to development or the developer must construct an on -site detention facility. 18. The applicant's final storm drainage plan shall provide a means for collecting the footing drains of all of the lots. Lot 1 is of particular concern as it slopes sharply away from the private street. A private storm line behind Lot 1 may be necessary. 19. Final design plans and calculations for the proposed private water quality facility shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans. Included with the plans shall be a proposed landscape plan. As a part of the improvement plans submittal, the applicant shall submit a maintenance plan for the facility. STAFF REPORT TO THE HEARINGS OFFICER 219/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97- 0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 3 OF 22 • 20. The face of thelal plat shall contain a note that i the ownership and maintenance responsibility for the private water quality pond. In addition, the CCR's J for the project shall contain a section that specifically speaks to the maintenance responsibility and the procedures that are to be followed by the future homeowners. 21. 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." 22. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 23. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of ' - building permits.' 24. The design engineer shall indicate on the grading plan which lots will have natural slopes between 10% and 20 %, as well as, lots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 25. The applicant shall either place the existing overhead utility lines along SW 103rd Avenue underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $1,045 and it shall be paid prior to recording of the final plat. 26. Revised site and landscaping plans shall be submitted for review by the Planning Division. Staff Contact: William D'Andrea. The revised plans shall include the following: A. compliance with vision clearance criteria given the vegetation and grades along SW 103rd Avenue; B. the entire length of the flag pole on Lot 4 shall be a minimum of 25 feet; and C. a re- design of the street to a means to eliminate the hazardous drop off, the design shall continue to provide the minimum 20 -foot paved access width. 27. The applicant shall: A. record a deed restriction for those trees that are to be preserved; and B. submit an arborist report providing recommended tree protection measures. STAFF CONTACT: William D'Ardrea, Planning Division. .�"','„: ..s _ .n_.s.- - :y"- 1-,i e�`• :^c ::pr "-rcn.,t. _ ^4v ;. t Lo � ..:n•. -,. ;. t•, .�,,;.::�t ' r. _ •*':t._',:n;;� :7 -: r • °= _ =l'PRIOR�.T IS ;HE` rF'`` - ' � "C :.jJ i�.w ' 3.. t-,_:«_ -.}:. :F ...�{ ,. )_- . ^YVS: � ;..: �,�A. :1r3.-. # "4 u♦ '�_+rr';3 .+4: :.� + i r, } "Y ^ ::.',.: F f,: - °¢� �`:? .,_; F " -•.; - f t` �.-t' ..`. ter' - Y .� - - ! � i �_ "s..:.� �. _n :a :: >�CONDITI NS'- HALLS t�' ':;.r. �. , _, ti . _ O S BE- SATIS FIED tt , t s i r _ 1- 1 : '' ' '' . .:, ,' «� � < r .. .. ;. � * . .:w- F F- . i rt ' t �.'s• �' ' i.'r 'S.', ��.•': , - ''.L ,!� : � -� „- ; ' 1:' . l ._ ;% :_: j Unles tat :noted; " the s tatuconta_c _t ` �4 . fi a f.. ( uu 3 sFialltbe:Brian=Rager. ..F. �.e`.�� ^re.�,,� #.- �=�tt _.+ � r:S. - �i 'ei,'.. C' ¢n� -,��^ rna:: - sF.*'-:a�: .`�. za =` .mw :YaS��i,Y'A .: tli «ttie, a t- - 503=63.9?414 4in t - 's.. ` =,:. Y c= • Fz:'t«!' >L- ...... .- ... ,..,._w,..: - t5 � , '+�'- `.,�a -. s.nAitiaz.�.. .kealx. . 1: :.wA. cra'� " ..-...... ..a.. 'r ��.;,.''. �.:,.{`".`"��T`'' *`4r STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009 /CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 4 OF 22 28. Prior to issuance- building permits, the applicant spell provide the Engineering Department with a recorded mylar copy of the subdivision plat. 29. 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. 30. Prior to issuance of building permits, the applicant shall construct the recommended tree protection measures prior to commencement of construction. " f `�����fi.°; MF= ;/,�'�iv"`S. :H'+.':ht• - `�:*+�. 3 "y`N'y` ,wry �s'.o69 l- 'Y.sSS'Gxni Yf� y ', d C6Y, } 7P IORfTO TH ISSU CE OF OCCUUP CY THE g �4 ms OLLQWING CONDfTION S HAL a y 'a ram u x es of erw�se noted, e - a c ontact s bee I D An ` Lct • rea r ' 31. All site improvements installed as per the approved plans. ' =Yxx ""t, �� �° -^a. E'�;:.2's <ar ~%F �h:.sX ,,2.:rl:.v'��C::a* ...•, �,'� <__ »�7u.• . `�za.�:^_::. ,. pI IN ADTI ON THET APPLI CA N,S ° HOO F RB ` A AR OFTHiY „,�* r„p r, "r,.(;r,.,a.�'?° �r�3a`S�fzr?�p; =" �� --F OLLOWING SECTI,ONS °THE COM '� VELOPMENT '' ' ` a „ a:. ,r 3.w ;..' ' K. y fi` { :ice'• �'* z «. rt== ° ' ; . a tid . S�:OTKAN. EXC.USI�I tS':' ; � .r: . �f, ES% 35 3: 5sadr. i ��'' ' 13:�U�icr ` " Y� ; ���`� a* -'•� '�., :'.;� ' ,rg;:a' '� 39 18.160.170 Improvement Agreement: 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. 18.160.180 Bond: 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; STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 5 OF 22 2. A surety bond eeuted by a surety company authorill 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. 18.160.190 Filing and Recording: 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. 18.162.080 Final Plat Application Submission Requirements: 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; and 3. Curve points, beginning and ending points (PC's and PT's). 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. The tops of all monument boxes shall be set to finished pavement grade. STAFF REPORT TO THE HEARINGS OFFICER 2/9/96 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 • BRIE WOODS SUBDIVISION PAGE 6 OF 22 18.164 Street & Utility Irrtrovement Standards: • • 18.164.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface - mounted transformers, surface - mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.164.130 Cash or Bond Required 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. 18.164.150 Installation: Prerequisite /Permit Fee 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. • 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. • 18.164.200 Engineer's Certification Required 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. _:��... = ? r!Y°' .. : As" >Y LY>! ''.- Ci'.w.:t•..., w ' 3% %'X,'l - r:^'.x. .... - r _: sw.'t"". r» �!� ' _ i _,,�, v;N":.. ti t ' > =s . '. : r.' 5 -z�t'4 THIS rAPPROVAL<SHALLBEyVALID -FOR T 8 }M ON. = y --: - • r*+a� rs+, - • y,. , , � ,:,, � . �s_• },,. ::. x' �y> =w ; a�` 4 -0; .:0 EROM= THE #�EFFECTINE DATE`,OFTS �HIIDE I SI a: ✓ � : � V � O�i .^`r';.'. SECTION I11. BACKGROUND INFORMATION Site History: No development applications were found to have been filed with the City. Vicinity Information: Adjoining properties to the north, east and south are zoned R -3.5 (Residential, 3.5 units per acre). Properties to the west are zoned R -12 (Residential, 12 units per acre). The surrounding area is developed with a mix of single - family and multi - family residential structures. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009 /CUP 97-0007NAR 97.0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 7 OF 22 • Site Information and Prtsal Description: • The 1.52 acre property is currently vacant and is overgrown with grasses and assorted tree clusters. The property slopes northwesterly from an elevation of approximately 346 to an elevation of approximately 300 feet. The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit Review to allow one (1) lot to be used for the construction of a duplex; 3. Variance request to allow an approximately 460 -foot long cul -de -sac, whereas, the Tigard Community Development Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. 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. Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32% 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. The total TIF for an attached, single - family dwelling is $1,790. The applicant is being required to dedicate an additional 140 square feet of right -of -way along SW 103rd Avenue. Based on past City purchases of residential property for street ROW, residential property is assessed at $2.00 per square foot. Assuming a cost of $2.00 per square foot, it is estimated that the total cost of the dedication is $280.00 (140 sq. ft. x $2.00). Upon completion of this development, the future builders of the residences will be required to pay TIF's of approximately $8,950 ($1,790 x 5 dwelling units). Based on the STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97 -0021 - BRIE WOODS SUBDIVISION PAGE 8 OF 22 estimate that total TIF Qs cover 32% of the impact on rTiajor street improvements citywide, a fee that would cover 100% of this projects traffic impact is $27,968 ($8,950 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $8,950, the unmitigated impact can be valued at $19,018. Given these estimates ($280 dedication), the conditions are more than roughly proportional to the impacts. Dimensional Requirements: Section 18.48 states that the minimum lot area for each single - family lot in the R -3.5 zoning district is 10,000 square feet and the minimum lot width requirement is 65 feet. The average minimum lot width for duplexes shall be not Tess than 90 feet. The proposed Tots range between 10,018 and 12,154 square feet, in excess of the minimum 10,000 square foot minimum lot size. As indicated on the site plan, all five (5) proposed lots exceed the 65 -foot minimum lot width requirement. The proposed duplex lot (lot 1) has provided a 90 -foot minimum lot width. Therefore, _ the proposed lots comply with the dimensional requirements of the R -3.5 zone. Development Standards: Section 18.48.050 contains standards for the R -3.5 zone. Single - family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 10,000 Square Feet Average lot width 65 Feet Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 20 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks will be reviewed during the building permit review process. However, as indicated on the site plan, these Tots can accommodate the required setbacks. Conditional Use - Duplex: Section 18.130.040 contains the following general approval criteria for a Conditional Use: The site size and dimensions provide adequate area for the needs of the proposed use. The proposed lot meets the minimum dimensional requirements of the R -3.5 zone and, therefore, the size and area can accommodate the proposed duplex. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. The characteristics of the site are suitable for the proposed duplex because the proposed lot itself satisfies the minimum standards necessary to create the proposed lot, as reviewed through this subdivision application process. All required public facilities have adequate capacity to serve the proposal. All required public facilities are available, or shall be conditioned to be available, to the site and have capacity to serve the site. The applicable requirements of the zoning district are met except as modified by this chapter. The applicable provisions of the R -3.5 zone are fulfilled as noted previously. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 9 OF 22 The supplementary requirements set forth in Chapter 1114 (Signs) and Section 18.120.180 (Approval Standards) Site Development Review, if applicable, are met. Neither of these sections are applicable. The use will comply with the applicable policies of the Comprehensive Plan. The proposal will comply with the applicable policies of the Comprehensive Plan as follows: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on November 13, 1997. Notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. Housing Needs: Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. Policy 6.1.1 is satisfied because allowing the use of the property for a duplex would provide an opportunity for diversity of housing density and residential type. Duplexes: Section 18.130.150(C)(15) states that a duplex must meet the following additional dimensional requirements: Lot size: 10,000 square feet. As indicated on the plan, the lot will contain approximately 10,883 square feet, exceeding the 10,000 minimum square feet required. Solar access requirements, Chapter 18.88. Parcel 1 has been considered exempt from the solar access standard. However, the structure must comply with the Solar Balance Point Ordinance even if a lot has been exempted from the basic solar requirement and shall be reviewed during the building permit process. The remaining dimensional requirements of the underlying zoning district. Compliance with setbacks will be reviewed during the building permit review process. However, as indicated on the site plan, these Tots can accommodate the required setbacks. Section 18.88.040 (Solar Access) states that the solar access design standard shall apply to applications for a development to create lots in R -1, R -2, R -3.5, R-4.5, and R -7 zones and to create lots for single family detached and duplex dwellings in all other residential zones. 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% or more of the newly created parcels meet this standard. Lots 3 and 5 satisfy both the front lot line orientation and north -south dimension requirement. Section 18.88.040(E) allows the approval authority to reduce the percentage of new lots from the solar access standard in certain cases, including situations where existing ROW prevents lots from being oriented for solar access. The existing orientation of SW 103rd Avenue, and the configuration of the subject site, prevents proposed Lots 1, 2 and 4 from being orientated for solar access. Therefore, parcels 1, 2 and 4 are exempt 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. STAFF REPORT TO THE HEARINGS OFFICER 2/9198 PUBUC HEARING SUB 97-0009/CUP 97- 0007NAR 97- 0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 10 OF 22 Density: Section 18.920 contains standards for determining the ermitted project P P 1 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 66,211 square feet. The net developable area of the site (after deduction of 12,224 square feet for a private street and 140 square feet for public right -of -way) is approximately 53,847 square feet. With a minimum of 10,000 square feet per lot, this site yields an opportunity for up to five (5) Tots under the R -3.5 zoning designation. The applicant is proposing five (5) Tots. The proposal is, therefore, in compliance with density calculations. 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 plan is limited in the possible location of street trees due to the existing lot width. The applicant's narrative states that street trees will be planted along the private street where adequate room exists. The potential street tree locations have been shown on.. the preliminary plan. This plan shows that street trees can be planted along the lot frontages. Due to the limited areas for planting, the proposed plan can be considered adequate to satisfy this criteria. Buffer Matrix: Section 18.100.130 contains the buffer matrix to be used in calculating widths of buffering and screening to be installed between proposed uses. The Matrix indicates that where detached single - family abuts detached single - family structures, there is no required buffer and screening. This criteria is satisfied as buffering and screening is not required where single - family residential abuts single - family residential or existing multi - family residential development. 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 STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97.0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 11 OF 22 located in this area, ppvided all branches below eight et are removed. A revised plan shall be submitted that more clearly demonstrates that this standard is satisfied given the vegetation and grades along SW 103rd Avenue. Parking: Section 18.106.030.(A ) states that each lot is required to provide 2 off - street parking spaces. Review for compliance with parking standards will be reviewed during building permit review, however, as indicated on the plans, each parcel has the ability to provide two (2) off - street parking spaces in accordance with this standard. Access: Section 18.108.070.A states the minimum driveway required for each lot shall be 15 feet with 10 feet of pavement width. Section 18.108.070.A states that the minimum access width shall be 25 feet and the minimum pavement width shall be 20 feet for private streets serving between 3-6 lots. Review for compliance with individual lot driveway widths shall be reviewed at the time of building perrnits. As indicated on the site plan, each lot has the ability to provide a minimum 10- foot -wide driveway. The plan shows that a 20 -foot 'Tract A" has been provided to serve as a private street. The 20 -foot width is adequate to provide the minimum 20 -foot pavement requirement, however, the required 25 -foot access width has not been provided. The applicant has applied for variance approval to allow a 20 -foot access width along the "flag pole" portion of the lot. Staff is recommending approval of the variance request based upon the findings as contained in section 18.160.120 of this report. Emergency vehicle turnaround: Section 18.108.070.C. states that access drives in excess of 150 feet in length shall be provided with approved provisions for the tuming around of fire apparatus by a hammerhead configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. The proposed design of the private street meets recommended emergency vehicle standards. 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 existing conditions plan has been submitted with this application which identifies the trees on the property. The applicant's narrative states that there are a total of 55 trees, 12 -inch caliper or greater on the site. The narrative states that the proposal will be removing 13 of those trees. According to these figures, the applicant is retaining more than 75% of existing trees 12 inches in caliper or greater and, is thus, not required to provide mitigation for those trees removed. Review of the plan indicates that there are approximately 24 trees that are greater than 12 -inch caliper in size. Of those 24 trees, four (4) are slated for removal. According to these figures, the applicant is retaining more than 75% of the existing trees greater than 12 inches in caliper and, is thus, not required to provide mitigation for those trees removed. 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 STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97- 0007NAR 97-0019NAR 97 -0021 - BRIE WOODS SUBDNISION PAGE 12 OF 22 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 the recording of the final plat, the applicant shall: 1. record a deed restriction for those trees that are to be preserved; and 2. submit an arborist report that provides recommended tree protection measures. Prior to issuance of building permits, the applicant shall: 1. construct the recommended tree protection measures 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: 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 -3.5 zone and other applicable ordinances and regulations. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The proposed name of the subdivision "Brie Woods" is not duplicative of any other plat recorded in Washington County, in compliance with this criteria. 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. Therefore, this criteria is not applicable. 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. Therefore, this criteria has been satisfied. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. 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. Southwest 103rd Avenue is classified as a local street. The applicant has been conditioned to construct a private street entrance in conformance with the City's public improvements design standards. 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 STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97- 0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 13 OF 22 that where it is necessry to give access or permit a sa stactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de -sac since they are intended to continue as through streets at such time as the adjoining property is developed. The applicant has submitted a future street plan. Property to the southwest is not expected to be redeveloped into single - family residential subdivisions. The grading of the site requires a retaining wall on either side of the proposed private street. The grade differential with the adjacent properties would make a future widening of a public street more difficult. A local public street would require a 44 -foot right -of -way width. Given the existing development pattem of surrounding properties and future development potential, staff finds that it is not necessary to require a public street instead of a private street and to extend a public street to provide for future connections or facilitate future division of adjoining land. Street Alignment and Connections: Section 18.164.030(G) requires all local streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. 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 streets that abuts the property which would require extending to provide through circulation. 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. The applicant has requested a variance to this standard to allow the cul -de -sac to have a maximum length of 460 feet. Staff is recommending approval of the variance request based upon the findings as contained in section 18.160.120 of this report. As indicated on the site plan, the cul -de -sac will only provide access to five (5) lots (potentially 6 dwelling units), less than the maximum 20 permitted. Private Street: Section 18.164.030(S) states that design standards for private streets shall be established by the City Engineer and that private streets serving more than 6 dwelling units are permitted within planned developments. This section also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the street in perpetuity. The applicant is not proposing more than six (6) dwelling units, therefore a planned development application is not required. Access shall be reviewed for compliance with Code Section 18.108 (Access Standards). The applicant has applied for variance approval to allow a 20 -foot paved driveway on a 20 -foot access width along the "flag pole" portion of the lot. Staff is recommending approval of the variance request based upon the findings as contained in Section 18.160.120 of this report. The proposed Tots will be served by a 20- foot -wide paved accessway, in accordance with access standards in Section 18.108.070.A. The accessway will allow for a 20 -foot unobstructed driving surface, consistent with Fire District requirements. The applicant has also been conditioned to provide for a bonded maintenance agreement or a homeowner's association for future maintenance of the street. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97- 0019NAR 97 -0021 - BRIE WOODS SUBDIVISION PAGE 14 OF 22 Block Design: Section .164.040(A) states that the length, and shape of blocks • shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.164.040(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; or 3. For non - residential blocks in which internal public circulation provides equivalent access. The proposed subdivision will not be creating a public street which would be used to form the perimeter of a block. Existing development also limits the potential to extend a proposed public street. Even if a connection could be made, the perimeter of the block would well exceed 1,800 lineal feet. Given these constraints and the provision of a private street, this criteria is satisfied. Block Lengths: Section 18.164.040(B)(2) states that when block lengths greater than 600 feet are permitted, pedestrian/bikeways shall be provided through the block. As previously stated, the existing development pattern of surrounding properties limits the potential for street extensions. Given the width of the private street, the potential conflict with vehicular traffic, lack of area to accommodate a pedestrian pathway, and questionable destination of such a pathway, staff is recommending that a pathway not be required. 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. As indicated on the proposed plan, none of the lots are more than 2.5 times the average lot width and more than 1.5 times the minimum lot size, thereby satisfying this section. 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, unless the lot is for an attached single - family dwelling unit, in which case the lot frontage shall be at least 15 feet. As indicated on the site plan, Lots 1, 2, 3 and 5 comply with this standard. A revised site plan shall be submitted that provides all lots with 25 feet of frontage onto the private street. The entire length of the flag pole on Lot 4 shall be a minimum of 25 feet, not the 20 feet as shown. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. The property does not have sufficient frontage on SW 103rd Avenue to construct half- street improvements including a sidewalk. City standards do not require sidewalks on private streets. Subdivision Variance - Maximum length of a Cul-de -sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 15 OF 22 There are special cirrmstances or conditions affectinl property which are unusual and peculiar to the land as compared to other lands similarly situated. The special circumstances that exist are the site's irregular shape and surrounding development patterns that either preclude or limit the possible extension of public streets. As discussed in the future street plan section of this report, a public street is not recommended for this development. Since a public street is not being recommended, nor a public street stub to the west, the applicant has no choice but to provide a cul -de -sac. The subject parcel is a flag lot that requires a street length of at least 280 feet to provide access to the buildable portion of the parcel. The parcel is shaped such that, the buildable portion of the parcel is parallel with SW 103rd Avenue, requiring further street extensions to adequately serve the parcel. The plan could be revised to limit the length to 400 feet. This revision would require a change to the site plan that would either likely result in the loss of a lot or a major reconfiguration of the proposed lots. Since the Tots may be reconfigured, since there is no known public health or safety issue by allowing an additional 60 feet to the length of the street, and since an emergency vehicle tum- around has been provided; staff is not sure what the benefit would be to not allowing a slight extension of the street. Therefore, staff is finding that there is an unusual condition affecting this property. The variance is necessary for the proper design or function of the subdivision. As discussed in this report, limitations of providing public street extensions limit the proposal to a private street. Allowance of a 60 -foot extension to the length of the street does not interfere with emergency provisions. It is not clear that requiring a redesign of the proposed subdivision would result in a more efficiently designed subdivision. 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 460 -foot cul -de -sac will not be detrimental to the public or injurious to the rights of other properties. The proposed private street width will comply with the minimum street access width standard and will comply with minimum provisions of the Uniform Fire Code. Allowing a length slightly greater than the standard does not interfere with the rights of adjoining property in any way. Surrounding properties have the ability to continue to use their property as they currently exist, or to potentially develop the properties, whether or not the City grants the variance. 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. A substantial property right is generally considered to be a right to use the property or have economic use of the land. There is no question that the potential is there to have economic use of the property by the construction of a single - family residence, potential minor land partition, or potential conditional use for a duplex and be in compliance with minimum access standards. The variance is necessary to allow the subdivision as the applicant designed it. Further, It is not clear that requiring a re- design of the proposed subdivision to comply with the 400 -foot maximum cul -de -sac length would result in a more efficiently designed subdivision than that which the applicant is currently proposing. Subdivision Variance - Access Width: 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 STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009 /CUP 97-0007NAR 97- 0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 16 OF 22 special circumstance is theite's irregular shape. The "flag pole' portion of the flag lot is only • 20- feet -wide, therefore, it is not possible to provide the required 25 -foot access width. The applicant's narrative states that neighbors have been approached in an effort to increase the flag width and size of the development, but no agreements were reached. The variance is necessary for the proper design or function of the subdivision. The variance is necessary for the design and function of the proposed subdivision because a denial of the variance would not allow the applicant to create the number of lots proposed. If the variance were denied and the minimum 25 -foot access width required, the subject property would only be able to accommodate a total of two (2) dwelling units. Section 18.108.070(A) (Access Requirements: Residential) states that the minimum access width shall be 15 feet and the minimum pavement width shall be ten (10) feet for accessways serving one (1) to two (2) lots. As previously stated, the Code is not clear as to the purpose of the minimum 25 -foot width. The width could have been stated to be 22 feet, in which case a variance request for a three (3) -foot modification may not seem as drastic a change. The 20 -foot width does meet the minimum access pavement width requirement, does comply with the minimum standards of the Uniform Fire Code and should thus, provide adequate access to serve the subdivision. Therefore, granting of the variance will continue to allow a proper design and function of the subdivision. - 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 a 20 -foot access width will not be detrimental to the public or injurious to the rights of other properties. The proposed pavement width will provide the minimum access width and comply with Uniform Fire Code standards. The Community Development Code does not explain why the access width is 25 feet. Access standards (Section 18.108) do not require the provision of a sidewalk on a private street. Granting a variance to less than the required 25 feet would not necessarily be detrimental to a stated City policy, excepting the fact that, the additional five (5) feet would allow some maneuvering room for vehicles. Staff is concemed about the height of the retaining wall and the verticle drop from the street grade. While the 20 -foot paved width meets the minimum access width standard, the grade differential raises a potential safety concem given the height of the wall. Therefore, the applicant shall provide a means to eliminate the hazardous drop -off. The design shall not reduce the minimum paved access width to less than the minimum 20 feet paved width. Allowing a reduction in the access width does not interfere with the rights of adjoining property in any way. Surrounding properties have the ability to continue to use their property as they currently exist, or potentially develop the properties, whether or not the City grants the variance. 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. A substantial property right is generally considered to be a right to use the property or have economic use of the land. There is no question that the potential is there to have economic use of the property by the construction of a single - family residence, potential minor land partition, or potential conditional use for a duplex and be in compliance with minimum access standards. The variance is necessary to allow development of the property at the calculated allowable density (Section 18.92). The applicant has not provided additional findings as to the extraordinary hardship. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97.0021 - BRIE WOODS SUBDIVISION PAGE 17 OF 22 PUBLIC FACILITY COA RNS: • 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 is presently a flag lot with frontage and access onto SW 103rd Avenue. The flag pole width is 20 feet. SW 103rd Avenue is classified as a local residential street which requires a 50 -foot right -of -way (ROW). At present, there is approximately 40 feet of total ROW on this roadway; therefore, in order to mitigate the additional traffic generated from this project, the applicant will need to provide a ROW dedication on the final plat to bring the ROW width up to 25 feet from centerline. The applicant's preliminary plan indicates that they will provide this dedication. SW 103rd Avenue is paved, but not fully improved to City standards. The frontage of this property is only 38 feet, which does not lend itself to a significant improvement if a half - street improvement were required. Staff recommends that the applicant be required to construct a private street entrance onto this roadway in full conformance to the City's public improvement design standards. Some paving may be necessary within the ROW of SW 103rd Avenue in order to build the entrance properly. • Proposed Private Street The plan proposes that all of the lots within this project be served from a private street. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Since this project will only create five (5) lots, this provision of the TMC is met. 18.164.030(S) also indicates that the applicant shall ensure the continued maintenance of private streets by establishing a homeowners association. It is recommended that the applicant place a statement on the face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record Conditions, Covenants and Restrictions (CC &R's) along with the final plat that will clarify how the private property owners are to maintain the private street. These CC &R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. The preliminary plan indicates the grading of this site will result in the need for variable height retaining walls along the north edge of the site. It appears the tallest retaining wall will be five feet in height (at northeast comer of Lot 1. The applicant's plan indicates that the surface water generated by the private street will be collected in catch basins and directed into the proposed water quality pond. However, the section detail of the private street does not show curb on either side of the roadway. A concrete curb would be required on both sides of the roadway in order to facilitate proper storm water collection and to prevent storm water from flowing onto adjacent properties. However, if curbing is provided, the overall paved width of the roadway would be reduced to 19 feet, since each curb has a width of approximately six inches. Section 18.108.070(A) requires a minimum pavement width of 20 feet for private driveways serving between three and six dwelling units. Therefore, the 19 -foot paved width would not meet this provision. Since the applicant did not apply for a variance to this standard, Staff would have to recommend denial of the subdivision. Altematively, there is a way to design the private street without curbs and still accommodate the 20 -foot paved width and facilitate proper drainage. The STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97 -0021 - BRIE WOODS SUBDIVISION PAGE 18 OF 22 applicant could use a vly gutter design, where the pavem t would slope toward the middle of the roadway where catch basins could pick up the storm water runoff. Therefore, Staff recommends the applicant redesign the private street to provide for a valley gutter and maintain the 20 -foot minimum paved width. The entrance onto SW 103rd Avenue is another concern. There is an existing driveway immediately south of the proposed private street entrance that serves the adjacent property (Tax Lot 1800); this driveway enters SW 103rd in an opposing direction to southbound traffic, which is a potential safety hazard. In addition, this existing driveway cuts across a portion of the frontage of this site, which will conflict with the new private street entrance. Staff recommends that as a part of construction of the new private street entrance into this development, the applicant also tie in the existing driveway serving Tax Lot 1800. It may be possible to combine the entrances to form a joint driveway entrance. Staff recommends the applicant's engineer submit proposed solutions to the City Engineer as a part of the final construction design submittals. WATER: This site lies within the City's water service area. There is an existing 12 -inch public water line adjacent to the westem boundary of the site and a 6 -inch public water line located in SW 103rd Avenue. - The City of Tigard has established minimum and maximum water pressure limits for water service. These limits are 50 pounds per square inch (psi) and 100 psi, respectively: To provide water pressures within the established pressure limits, water service connections in the proposed development above elevation 290 feet shall be served from the 6 -inch water main located in SW 103rd Avenue. The 6 -inch water main is supplied from the pressure sustaining system located on SW Canterbury Lane. This system is adequate to provide the necessary pressures for this development. The connection to the existing 12 -inch water main adjacent to the west boundary of the site is a transmission facility to reservoirs located on SW Canterbury Lane. These reservoirs have an overflow elevation of 410 feet, thus the 12 -inch water main does not provide the minimum required water pressure until the water main falls below an elevation of 290 feet above sea level. Therefore, since this entire site is higher in elevation than 290 feet, connection to the 12 -inch water line, as proposed on the applicant's plan, will not be allowed. All water service for this site will need to come from the 6 -inch line in SW 103rd Avenue. The minimum main line size within the project will be 6 inches. In addition, Tigard's standards stipulate that all portions of residential buildings be within 500 feet of a fire hydrant. There are no existing fire hydrants near this site that would satisfy this requirement. Therefore, a new fire hydrant will be required for this development. SANITARY SEWER: There is an existing 8 -inch public sanitary sewer line located in SW 103rd Avenue with sufficient capacity to serve this site. A new 8 -inch public sanitary sewer line will need to be extended within the new private street to serve the proposed lots. The applicant's plans indicate that they will install the necessary public sewer line. The applicant will also be required to provide a sanitary sewer lateral to the adjacent undeveloped parcel to the east. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBUC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 19 OF 22 STORM DRAINAGE: • • The topography of this site slopes to the north. The applicant's plans indicate that they will install a private storm drainage line within the private street to collect the lot drainage. The storm water will be directed into a private water quality pond to be located between Lot 5 and the private street. From there, a private storm line will be located within the private street and will tie into an existing public storm drainage line in SW 103rd Avenue. The applicant's design engineer will need to submit to the City a downstream analysis in accordance with USA's Design and Construction standards. The analysis will need to determine if the storm line in SW 103rd Avenue, as well as the storm system beyond, will have sufficient capacity to accommodate the additional storm water runoff from this site. If there is a constriction in the downstream system that would result in a negative impact on downstream properties with the addition of the storm water from this site, the applicant will then either need to up -size the downstream system or provide on -site detention. If on -site detention is required, the applicant may be able to up -size the proposed pond and allow it to become a water quality and quantity facility. The downstream analysis will be required prior to construction. Staff is concemed about the ability for the private storm line to pick up all of the drainage from Lot 1, particularly the footing drains, since the topography of Lot 1 falls sharply away - from the private street The applicant will need to address this in the final construction plan submittal; it may be necessary for them to install another private storm line in the back yard of Lot 1 in order to pick up the future footing drains. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. The applicant proposes to construct an on -site private water quality pond adjacent to Lot 5. This facility will need to either be owned and maintained by the applicant or the future homeowners within this project. The applicant shall place a note on the face of the final plat indicating the ownership and maintenance responsibilities for this pond. In addition, the CC &R's for the subdivision shall include a section that specifically addresses the maintenance responsibilities. The CC &R's will need to be reviewed by the City prior to recording of the final plat. GRADING AND EROSION CONTROL: USA Design and Construction Standards 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 USA regulations, the applicant is required to STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97- 0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 20 OF 22 submit an erosion contlplan for City review and approva prior to issuance of City • permits. The applicant's design engineer will be required to prepare a final grading plan for review and approval. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which Tots will have natural slopes between 10% and 20 %, as well as lots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines located adjacent to SW 103rd Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. If the fee in -lieu is proposed, it is equal to $27.50 per lineal foot of street • frontage that contains the overhead lines. The frontage along this site is 38 lineal feet; therefore the fee would be $1,045. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: Subdivision approval needs to address how storm run -off will be handled. As shown, lot 1 will not and lot 2 will likely not be able to get storm to the private system. There shall be a condition that states "All concentrated storm run -off shall be conveyed to the public storm system ". Fire apparatus road must be 20 feet wide of all weather surface. No parking along access road, post signs and curb markings. The City of Tigard Police Department has reviewed this proposal and has offered the following comments: Encourage house numbers and curb foot of driveway to each property, as well as, on each house. This would benefit all emergency service providers who are attempting to respond. The City of Tigard Water Department has reviewed this proposal and has offered the following comments: Water is available for the proposed project from the 6 -inch water main located within SW 103rd Avenue. Connection to the existing 12 -inch water main for domestic use, as indicated on the submitted plans, will not be allowed. Water district comments are contained in a memo dated January 12, 1998. A copy is filed in the land use file. STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDNISION PAGE 21 OF 22 The City of Tigard Ma•nance Services Division has halite opportunity to review this application and has offered no comments or objections. SECTION VI. AGENCY COMMENTS • The Unified Sewerage Agency has reviewed this proposal and has offered 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 duplex lot should have a separate service to each unit. Sanitary service should be by gravity only and no pumping. 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. WATER QUALITY: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. Northwest Natural Gas states that it is important that any work done in SW 103rd Avenue will require a Northwest Natural Gas Company personnel to be on site as there is a 10 -inch high pressure gas main on the west side. There are no other comments or objections to this application. Tualatin Valley Water District and Portland General Electric (PGE) have also had the opportunity to review this .application and have offered no comments or objections. :,�:�,, ;�,_� S.O ,APPROVAL: SHALL- BEVALID:ONLY ; IF�THE FIfVAL.,- ,%:� ` �i'g'•J�i '> y.;..i., : } ., nS. •,. ' ..7a -. ��� r M. 4 PLAT -IS SUBMITT.ED:1 O;THE CITY OF=TIGARD WITHIN EIGHTEE ;' - ..._ -: : «,;� �:�. "� MONTHS; OFkTHE:�EFFECTIVE "DATE OF�THIS =DECISION: ` " �° �..= - I LL-1/6C-.%./P- �- -, Janua 3 1 January 0, 1998 PREPARED BY: William D'Andrea DATE Associate Rlanner /AICP `' January 30, 1998 APPROVED BY: Richard ealversdorff DATE Planning Manager i:\curpin \will\sub97- 09.dec STAFF REPORT TO THE HEARINGS OFFICER 2/9/98 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 22 OF 22 - . ... . _ .. --- - - - • ---- • — —. , . . _ . —.. — —......----. . .. - S 0119'00 w .V112 .. 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's ..„ - -., '.s . -, ., \, ', ' . ‘ • •-• :.,, ', ', 1 ` , 0 0 Z P , , ‘ , , , , % + • I' 43 0 —I. ...4 1 . CITY OF TIGARD PLANNING. DIVISION _. .____... . iN rowerr V . AS*P ' �C of TIGARD I W III i IIIii O EOORAPNIO IN ?OR A710N aVeTY 11111111M 11111111M NPARKP ' � � VICINITY MAP U) HILL VIEW ST 10 BRIE WOODS SUBDIVISION �. i , SUB 97-0009 �-- c.:5- ., o * CUP 97 -0007 MI cb _iiI YAB 97 -0019 VAR 97 -0021 Mill I 1 • R,4P-ka, ' .1111-1,41.1 IIII 111 I II ■ r J .. ZEN � T 4-s- illr : J J ARCEL -->» h 4 III ' �� TE:: VIFW TFF Ind • 1 11111 11111 ����_- ��� INF7 ST N .m i ll 0 100 200 300 400 500 Feet air 1 1 386 rase MO — / II L JI//// > MMBROOKI_ \ I. MN — <QF A A11i 11 ft� I City, of Tigard me m I�Q I nformation on this map Is for general location only and MURDOCK ST should be verified with the Development services Division. MU S_ 13125 SW Hall Blvd [— I ��/( �� Tigard, OR 97223 ('- - - l 1 W 1/ (_.. /_ _I�_ =Ira_ h (503) 8341171 m,lawev.el.tipard.or. us Community Development Plot date: Jan 5, 1998; c:\magic \magicdd.apr i SUB 97- 0009ICUP 97 -0007 VAR 97- 00191VAR 97 -0021 (Page 1 of 1) BRIE WOODS ~ SUBDIVISION (Notice of Rate Ddi, By the P.C. EXHIBIT B MATI'HEW SPRAGUE T.P.B. PROPERTIES WAKER ASSOCIATES, MCI HOWARD QUANDT 11080 SW ALLEN BLVD., SUITE 100 PO BOX 1775 BEAVERTON, OR 97005 BEAVERTON, OR 97075 CHARLIE BERNARDS MONICA J. HEISE � 14245 SW 103RD AVENUE 1417 SW TIGARD OR 97224 TIGARD OR 97224 MEL PROPST DOUGLAS E. JOHNSON 14180 SW 103RD AVENUE 10375 SW VIEW TERRACE TIGARD OR 97224 TIGARD OR 97224 DON MYERS JACK REEVES 10445 SW VIEW TERRACE WAKER ASSOCIATES,INC. TIGARD OR 97224 11080 SW ALLEN BLVD., SUITE 100 BEAVERTON, OR 97005 • • A. 4 • AFFIDAVIT OF MAILING CITY OFTIGARD Community Devefopment Shaping Better Community S'ATE OAF O4j;Egaw ) County of Washington ) ss. City of Tigard ) I, (Patricia L. Lansford being first duly swom/affirm, on oath depose and say that I am an Administrative Specialist I1 for the City of Tgard Washington County, Oregon and that I served the following: (mad* MP ate Bags) 6621 ❑ NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (File No./Name Reference) ❑ City of Tigard Planning Director NOTICE OF PUBLIC HEARING FOR: =7 si48 qi -000i 3,6e bawls �u Qi'v S ;of! 1 a/9 /9.f El AMENDED NOTICE (File No./Name Reference) (Date d Public Hearing) 03 / City of Tigard Planning Director Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF FINAL ORDER FOR: G'i ❑ AMENDED NOTICE (File No./Name Reference) (Dam d Pudic Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission • ❑ Tigard City Council ❑ NOTICE OF: FOR: (7 1 (TypeAGnd of Notice) (Fde No./Name Reference) (Dated Public Hearing, if applicable) A copy of the PUBUC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[SJ of which is attached, marked FAIN "A", was 2 ailed to e- • = med person(s) at the address(s) shown on the attached list(s), marked Exhtbl "B` , on the , /_ , day of A , gut 1998, and deposited in the United States Mail on the 4 411 day of Ai ' 98, postage prepaid. Ds (Person that - - pared Noti,.-) i Vte Subscribed and swom/affirmed before me on the r - day of ___W 19 , OFFIC SEAL / I ; P r i . COMMISSION NO. o46142 MY COMMISSION EXPIRES SEPTEMBER 07, 1999 NOTARY PUBUC OFOREG • Commission CommOn Exp ■ ! r.. , q/7 7?.? 7, ?h S/ • • EXHIBIT A CITY OF TIGARD Community Development Shaping Better Community PUBLIC HEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY FEBRUARY 9, 1998 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): SUBDIVISION [SUM 91 -0009 CONDITIONAL USE PERMIT (CUR 91 -0007 VARIANCE WAR] 97 -0019 VARIANCE WAR] 97 -0021 FILE TITLE: BRIE WOODS SUBDIVISION APPLICANT: Matthew Sprague OWNER: T.P.B. Properties Waker Associates, Inc. Howard Quandt 11080 SW Allen Boulevard, Suite 100 PO Box 1775 Beaverton, OR 97005 Beaverton, OR 97075 REQUEST: A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) Tots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the Tots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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 Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. 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 INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. SUB 97- 0009 /CUP 97- 0007NAR 97- 0019NAR 97 -0021 BRIE WOODS SUBDIVISION NOTICE OF 2/9/98 HEARING'S OFFICER PUBLIC HEARING ANYONE WISHING TO PRESENT VV/TEN TESTIMONY ON THIS PROPO. 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 HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER 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 JANUARY 20, 1998, 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 HEARINGS OFFICER 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 (250 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 (250 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. y / C'TY at TIGARD l .Ill LILT_I_f_T ll _� 11 VICINITY MAP A ga 11 11 1 ,' — rural oom 7-re LI 411 li -: a INALL_Li i 11 11111 MOO I 1111 041021 1 ' '. ° A 1111,11111 • Illi N 1 , . 1� 0 i 1E71111 II .1.111 , MO /-\\\ 1 ,,, . TE _ _ -- . 7 mop ! Il... . ucT gT— .. 7— ..... . _ .4 , ,,1 E ' E —� I - 1 7 III1 - — _ �. L, 0 : . . E EE - - ---- I �,� ST_ IH -1 Efrg I I I_i/n' r1 m r7 - w - -... SUB 97- 0009 /CUP 97- 0007NAR 97- 0019NAR 97 -0021 BRIE WOODS SUBDIVISION NOTICE OF 2/9/98 HEARING'S OFFICER PUBLIC HEARING Sug gq- poi./ 3o(6 vO6 3r-1,64 ti& , to 4 • E.XHIBfl B 2S11QPA -00200 2S110AA -00300 OHANESIAN LEE & DONNA BEVERLY ENT TIGARD CARE CTR c/o SKL PROPERTIES L.L.C. PO BOX 565048 PO BOX 230703 DALLAS, TX 75356 TIGARD OR 97281 2S110AA -00401 2S110AA -01500 RIPLEY MADELINE ESTATE OF OREGON FOUNDATION INC 9900 SW CENTURY OAK DR 520 SW 6TH TIGARD, OR 97224 PORTLAND, OR 97204 2S111BB -01000 2S111BB -01100 REEDER MARY R KASTEL CHARLES G & MARY J TRS 14300 SW 103RD AVE 14259 SW 100TH TIGARD, OR 97223 TIGARD, OR 97224 2S111BB -01200 2S111BB -01300 FRANK GOTTFRIED ANN PROPST MELVIN R ELAINE 14230 SW 103RD AVE 14180 SW 103RD AVE TIGARD, OR 97223 TIGARD, OR 97223 25111BB -01301 2S111BB -01500 FISCHER CAMILLE L WASHINGTON COUNTY OF P 0 BOX 520 111 SE WASHINGTON ST MS42 DUNDEE, OR 97115 HILLSBORO, OR 97123 2S111BB -01502 2S111BB -01600 BAILEY BARDELL AUNDRIA E BAURER RAMONA R 10150 SW VIEW TER 14165 SW 103RD TIGARD, OR 97223 PORTLAND, OR 97224 2S111BB -01700 2S111BB -01800 JOHNSON RICHARD E AND HEISE NANON L ESTATE OF 9812 SW KABLE 14245 SW 103RD TIGARD, OR 97224 TIGARD, OR 97223 2S111BB -01900 2S111BB -02000 MURPHY KAREN ANN BERNARDS CHARLES J & AGNES MARI 19060 47TH PL NE 14175 SW 103RD AVE SEATTLE, WA 98155 TIGARD, OR 97224 2S111BB -02101 2S111BC -02900 SKYNAT LTD PARTNERTHIP BOEHR IRWIN I AND PATRICIA L 4000 SW CORBETT AVE 10470 SW VIEW TERRACE PORTLAND, OR 97223 TIGARD, OR 97224 sug q7 6tigwa' - 5 "c (Pt. 40,4) • 2S111BC -03001 2S111BC -03100 FINGER RICHARD J JR TIMMINS KELLY A & KATHLEEN M 10440 SW VIEW TERR 14335 SW 103RD AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BC -03200 2S111BC -03300 PRUETT MARTHA JOHNSON DOUGLAS EDWARD AND 10335 SW VIEW TERRACE 10375 SW VIEW TERRACE TIGARD, OR 97224 TIGARD, OR 97223 2S111BC -03400 2S111BC -03500 GOSSELIN WILLIAM C AND MYERS DON ANDREW AND 10405 SW VIEW TERR. 10445 SW VIEW TERRACE TIGARD, OR 97223 TIGARD, OR 97224 2S111BC -03600 2S111BC -03700 BATES STEPHEN CHRISTOPHER AND FAIRLEY RONALD S & KAREN S 10430 SW VIEW TERRACE 10420 SW VIEW TERRACE TIGARD, OR 97224 TIGARD, OR 97224 2S111BC -03800 2S111BC -03900 BERTULEIT MIRIAM Ft/DANIEL TRS RAUDY BEVERLY 10390 SW VIEW TERRACE ST 10360 SW VIEW TERRACE TIGARD, OR 97224 TIGARD, OR 97224 MATTHEW SPRAGUE T.P.B. PROPERTIES WAKER ASSOCIATES, INC. HOWARD QUANDT 11080 SW ALLEN BOULEVARD, SUITE 100 PO BOX 1775 BEAVERTON OR 97005 BEAVERTON OR 97075 • • aac- CITY OF TIGARD OREGON December 22, 1997 Mr. Matthew L. Sprague Waker Associates, Inc. 11080 SW Allen Blvd., Ste. 100 Beaverton, OR 97005 Re: Notice of Complete Application Dear Mr. Sprague: This letter is to inform you that your application for Subdivision Review (SUB 97 -0009) is considered complete and has been accepted by the Planning Department. If you have any questions concerning this information, please feel free to contact me at (503) 639 -4171. Sincerely, (//d6afm4V(e, William D'Andrea, Associate Planner, AICP c: SUB 97 -0009 land use file i:turpinlwiUlsu697-09.I3 ' 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • • December 11, 1997 t, „„„l �kt„,,,, I Matthew L. Sprague CITY OF TIGARD Waker Associates, Inc. 11080 SW Allen Boulevard, Suite 100 Beaverton, OR 97005 OREGON Re: Notice of Incomplete Application Submittal Dear Mr. Sprague: The Planning Division has conducted a preliminary review of Subdivision (SUB) 97 -0009, an application for a five (5) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing this application pending submission of the following items and plan notes: 1. Future street plan in accordance with Section 18.164.030 of the Tigard Community Development Code. Include a narrative discussing why a public street stub should or could not be provided to extend to SW Canterbury Lane. The future street plan submitted does not reflect the reality of existing development. The future plan shall consider existing topography, size of adjacent parcels and minimum lot sizes. 2. Tree inventory/removal plan. Builders on individual lots will not be allowed to remove additional trees as per the deed restrictions required in Section 18.150.045.B. 3. The Comprehensive Plan Low Density plan designation allows net densities to range between 1 -5 units per acre. Given the fact that the property is slightly over an acre, the maximum units allowed would be approximately six (6) units. It appears that only one (1) of the proposed lots could accommodate a duplex unit. The applicant should clarify which of the proposed lots might be utilized for a duplex unit. If you have any questions conceming this information, please feel free to contact me at (503) 639 -4171. Sincerely, 4(dt William D'Andrea, Associate Planner, AICP iAcurpin \will\sub97 -09.1t2 • c: SUB 97 -0009 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 December 3, 1997 s _r Matthew L. Sprague CITY OF TIGARD Waker Associates, Inc. 11080 SW Allen Boulevard, Suite 100 OREGON Beaverton, OR 97005 Re: Notice of Incomplete Application Submittal Dear Mr. Sprague: The Planning Division has conducted a preliminary review of Subdivision (SUB) 97 -0009, an application for a five (5) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing this application pending submission of the following items and plan notes: 1. Grading plan. 2. Narrative addressing the variance approval criteria of Section 18.160.120. A variance to the access width standard (25 -foot width/20 -foot paved) is also required. 3. Future street plan in accordance with Section 18.164.030. Include. a narrative discussing why a public street stub should or could not be provided to extend to SW Canterbury Lane. 4. Street tree plan. 5 Tree inventory/removal plan. 6. Density calculations to include reduction of private street area in accordance with Sction 18.92.020. 7. Lot frontage of 25 feet for all lots. Poposed duplexes are not single - family attached by code definition. If you have any questions concerning this information, please feel free to contact me at (503) 639 -4171. Sincerely, tJ21L 2i William D'Andrea, Associate Planner, AICP • i:l\curpin \willlsub97 -O9.IV c: SUB 97 -0009 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 Y' •• .• REC'D SEP 161997 Fidelity National Title Company of Oregon PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company of Oregon reports that it is prepared to issue, or cause to be issued, as of the specified date , a Policy or Policies of Title Insurance describing the land and the estate or interest described, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of the Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. - This report (and any supplements or amendments) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report is for the exclusive use of the parties to the contemplated transaction, and the company does not have any liability to any third parties nor any liability until the full premium is paid and a policy is issued. Until all necessary documents are placed of record, the company reserves the right to amend or supplement this preliminary report. i • Co ,' tersig -d • • • • PM Fidelity National Title Company of Oregon 8564 SW Apple Way • Portland, OR 97225 (503) 292 -8777 • FAX (503) 292 -8848 PRELIMINARY REPORT ESCROW OFFICER: Ina M. Carver ORDER NO.: 04- 40759 -28 TITLE OFFICER: James A Parker TO: Washington 1st Realty AT_TN: Howard Quandt. 1612 Columbia St. Vancouver, WA 98661 OWNER /SELLER: Ron Murphy & Karen Ann Murphy BUYER /BORROWER: T.P.B. Properties PROPERTY ADDRESS: Parcel R0502076- 1.52 Acres, Tigard, OR 97224 EFFECTIVE DATE: September 3, 1997, 05:00 P.M. 1. The policy and endorsements to be issued and the related charges are: AMOUNT PREMIUM Owner's Standard 70,000.00 365.00 Government Service Charge 35.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Karen Ann Murphy 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF TIGARD IN THE COUNTY OF WASHINGTON, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF JG \JG 09/11/97 • • • • Order No. 04- 40759 -28 • EXHIBIT "ONE" A part of Lot 2, Tigardville Heights, in the City of Tigard, Washington County, Oregon, more particularly described as follows: Beginning at the Northwest corner of said Lot 2; thence North 89 °39' East along the North line of said Lot, 543.4 feet to the West line of Murdock Avenue (shown as Murdoch Ave. on said plat and now known as S.W 103rd Avenue), now a County Road; thence South 1°19' West, along the West line of said road, 78.8 feet; thence South 23 °04' West along the boundary of access road, 41.7 feet; thence South 84 °43' West 277.7 feet to the Northwest corner of the property to be retained by May Rhodes; thence South 2 °22' East 208.2 feet to the South line of the A. H. Vincent tract as described in Book 161, Page 212, Deed Records; thence South 89°39' West 265.1 feet to the West line of said Lot 2; thence North 1°19' East along said West line 349.0 feet to the point of beginning. Excepting therefrom the following: Beginning at the Northwest corner of Lot 2 of the Plat of Tigardville Heights, in the City of Tigard, Washington County, Oregon; and running North 89 °39' East along the North line of said Lot 543.4 feet to the West line of the County road (Murdoch Ave. on said Plat and now known as S.W. 103rd Avenue); thence Southerly along said West line as follows: South 1°19' West 78.8 feet; thence South 23 °04' West 18.97 feet; thence leaving said road and running South 84 °43' West 287.47 feet; thence South 89 °39' West 250.45 feet to the West line of said lot; thence North 1°19' East along said West line 120.88 feet to the place of beginning, being a part of Lot numbered 2 of said Tigardville Heights. • •• Order No. 04- 40759 -28 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: GENERAL EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession. 3. Easements, or claims of easements or encumbrances, not shown by the public records, reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 5. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain priority over the lien of the insured deed of trust, which liens do not now appear of record. SPECIFIC ITEMS AND EXCEPTIONS: 6. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 1997 -1998. 7. City liens in favor of the City of Tigard, if any. A report has been ordered and the Company reserves the right to add additional items or make further requirements after review of the requested report. 8. The herein described property is within and subject to the statutory power of assessment of the UNIFIED SEWERAGE AGENCY. There are no unpaid assessments as of the date of this report. 9. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of streets, roads and highways. • •• •• Order No. 04- 40759 -28 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document. Granted to: Tigard Water District, a municipal corporation Purpose: Underground municipal water pipelines or mains Recorded: October 7, 1960, Book 436, Page 373 Affects: The West 15 feet END OF ITEMS AND EXCEPTIONS NOTES: Note A. No search has been made or will be made for water, sewer, or storm drainage charges unless the city /service district claims them as liens (i.e., forecloseable) and reflects them on its lien docket at the date of closing. Buyers should check with the appropriate city bureau or water /service district and obtain a billing cutoff. Such charges must be adjusted outside of escrow. Note B. Property taxes for the fiscal year 1996 -1997, paid in full. Amount: $753.17 Account No.: R502076 Map No.: 2S1 1 1 BB -01900 Levy Code: 023.74 Note C. There are no judgments of record against Karen Ann Murphy, Ron Murphy or T.P.B. Properties, a corporation. J •• .• EXHIBIT A AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10- 17 -92) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not value fa the estate or interest insured by this policy. pay loss or damage, costs, attorney's fees a expenses which arise by reason of: 4. Unenforceability of the lien of the insured mortgage because of the inability a failure of the insured at 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, Date of Policy, or the inability a failure of any subsequent owner of the indebtedness, to comply with ordinances, or regulations) restricting, prohibiting or relating to 5) the occupancy, use, or enjoyment of applicable doing business laws of the state in which the land is situated. the land; 5i) the character, dimensions or location of any improvement now or hereafter erected on the 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of the transaction evidenced by the insured mortgage, and is based upon usury or any consumer credit which the land is Of was a part; or (iv) environmental protection, or the effect of any violation of these protection or truth in lending law. laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement 6. Any statutory lien for services, labor or materials (or the dam of priority of any statutory lien for thereof Of a notice of a defect, lien or encumbrance resulting from a violation or alleged violation services, labor or materials over the lien of the insured mortgage) arising from an improvement or work affecting the land has been recorded in the public records at Date of Policy. related to the land which is contracted for and commenced subsequent to Date of Policy and is not (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation, or alleged at Date of Policy the insured has advanced Of is obligated to advance. violation affecting the land has been recorded in the public records at Date of Policy. 7. Any claim which arises out of the transaction creating the interest of the mortgagee insured by this 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records policy, by reason of the operation of federal bankruptcy, state insolvency, Of similar creditors' rights at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy laws, that is based on: which would be binding on the rights of a purchaser for value without knowledge. (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance 3. Defects, liens, encumbrances, adverse dams, or other matters: or fraudulent transfer; or (a) created, suffered, assumed or agreed to by the insured clamant; 51) the subordination of the interest of the insured mortgagee as a result of the application of the (b) not known to the Company, not recorded in the public records at Date of Policy, but known to doctrine of equitable subordination; or theinsured clamant and not disclosed in writing to the Company by the insured claimant prior to the (iii) the transaction creating the interest of the insured mortgagee bang deemed a preferential transfer date the insured clamant became an insured under this policy; except where the preferential transfer results from the failure: (c) resulting in no loss or damage to the insured clamant; (a) to timely record the instrument of tansfor; Of • (d) attaching Of created subsequent to Date of Policy, or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. (e) resulting in loss or damage which would not have been sustained if the insured clamant had pad AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 17 -92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10- 17 -92) SCHEDULE OF EXCLUSIONS FROM COVERAGE • • The following matters are expressly excluded from the coverage of this policy and the Company will not (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the pay loss or damage, costs, attorney's fees or expenses which arise by reason of: insured clamant and not disclosed in writing to the Company by the insured claimant prior to the date 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, the insured claimant became an insured under this policy; • ordinances, or regulations) restricting, prohibiting or relating to (i) the occupancy, use, or enjoyment of Icl resulting in no loss or damage to the insured claimant; the land; (it) the character, dimensions or location of any improvement now or hereafter erected on the (d) attaching or created subsequent to Date of Policy, or land; (iii) a separation in ownership or a change in the dimensions or area of the land a any parcel of (e) resulting in loss or damage which would not have been sustained if the insured claimant has paid which than land is or was a part; or (iv) environmental protection, or the effect of any violation of these value for the estate or insured by this policy. laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement 4. Any dam which arises out of the transaction vesting in the Insured the estate or interest insured by thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' affecting the land has been recorded in the public records at Date of Policy. rights laws, that is based on: (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged conveyance or fraudulent transfer; or violation affecting the land has been recorded in the public records at Date of Policy. (it) the transaction creating the estate or interest insured by this policy bang deemed a preferential 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records transfer except where the preferential transfer results from the failure: at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy (a) to timely record the instrument or transfer; or which would be binding on the rights of a purchaser fa value without knowledge. (b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor. 3. Defects, liens, encumbrances, adverse dams, Of other matters: (a) created, suffered, assumed or agreed to by the insured clamant; The above ALTA policy tams may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: SCHEDULE B GENERAL EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees Of expenses) which arise by reason of: PART 1 1. Taxes Of assessments which we not shown as existing liens by the records of any taxing authority that 3. Easements, or claims of easements or encumbrances, not shown by the public records, reservations levies taxes or assessments on real property or by the public records, proceedings by a public agency Of exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to which may result in taxes or assessments, Of notices of such proceedings whether or not shown by the water. records of such agency or by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which 2. Any facts, rights, interests or claims are not shown by the public records but which could be a correct survey would disclose. ascertained by an inspection of sad land or by making inquiry of persons in possession. 5. Any statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for worker's compensation, which have now gained or may gain • priority over the lien of the insured deed of trust, which liens do not now appear of record. • • J `... . - • • • • Y v ' • - Fidelity Title' Co. of Oregon A- 111111 nn / / .( • The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes • no liability for variations, if any. in dimensions and location ascertained by actual survey. . c.t. - _ r _ _ - - -. G. S I II I 88 - 157.39 g 1600 0 474 c. e ° 3 o . o I700 0 " 1 a � ' a n • 42 Ac. p.: - O ° 1 F �= Ile • .�- 137.39 157.39 1300 0.88 • 543.4 51 +� 2000 N89 39.E o co M - 0 /.42Ac. m "; t g O 523 °04 18.97 r. 287.47 •;11111. 589 ° 39W 250.45 S84 °43 w i zTT.T 1200 19(:O .9,Ac 1800 C 1.5 2 A c. o o • /.42Ac. N v j v 0 A W N - " • No 3 r.� ° 1 100 m '^ .94Ac. 2 I 168.70 284.7d 1000 1 " . 72 4c. 1 589 ° 39'w 278.3 ifr 0 16 e.74 784.70 I zs SEE MAP 2S- I -IIBC r • • 5 A M E R 1 � 9 First American Title Insurance Company * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Search Parameters * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Washington (OR) * 10/14/97 * 15:19:10 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Reference Parcel Number...22 2S111BB 01000 2S111BB 01100 2S111BB 01200 2S111BB 01300 2S111BB 01301 2S111BB 01500 2S111BB 01502 2S111BB 01600 2S111BB 01700 2S111BB 01800 2S111BB 02000 2S111BB 02100 • 2S111BB 02101 2S110AA 00200 2S110AA 00300 2S110AA 00401 2S110AA 01500 2S111BC 03001 2S111BC 02900 2S111BC 03100 2S111BC 03900 2S111BC 04000 . • # 1 * - -: MetroScan / Washington ( * Parcel :R0489000 RefPar# :2S110AA 00200 Owner :Skl Properties Llc Xfered :08/12/94 Site :14130 SW 105th Ave Tigard 97224 Price :$600,000 Mail :PO Box 230703 Tigard Or 97281 Land :$184,800 Use :7012 Res,Multiple Housing,Improvements Imp :$862,730 Census :Tract:308.01 ,Block:3 96 -97 Taxes :$14,262.03 Telephone: Thomas Bros:655 D5 Subdiv . Legal :ACRES 1.63 Bedrm: Bth: YB:1968 Lot Sqft:71,002 B1dgSF: Ac:1.63 # 2 * MetroScan / Washington (OR) * Parcel :R0489064 RefPar# :2S110AA 00300 Owner :Beverly Ent Tigard Care Ctr Xfered . Site : *No Site Address* Price :$1,618,364 Mail :PO Box 565048 Dallas Tx 75356 Land :$345,590 Use :2012 Com,Improved Imp :$917,310 Census :Tract: Block: 96 -97 Taxes :$17,194.25 Telephone: Thomas Bros: Subdiv . Legal :ACRES 2.08 Bedrm: Bth: YB: Lot Sqft:90,604 B1dgSF: Ac:2.08 # 3 * MetroScan / Washington (OR) * Parcel :R0489108 RefPar# :2S110AA 01500 Owner :Oregon Foundation Inc Xfered Site :10575 SW Canterbury Ln Tigard 97224 Price . Mail :520 SW 6th Ave Portland Or 97204 Land :$834,620 Use :9502 Misc,Literary Benevolent,Etc Imp . Census :Tract:308.01 Block:3 96 -97 Taxes . Telephone:503- 224 -4011 Thomas Bros:655 D6 Subdiv :Canterbury Place Legal :CANTERBURY PLACE - AMENDED, LOT Bedrm: Bth: YB: Lot Sqft:277,477 B1dgSF: Ac:6.37 # 4 * MetroScan / Washington (OR) * Parcel :R0501950 RefPar# :2S111BB 01000 Owner :Reeder Mary R Xfered . Site :14300 SW 103rd Ave Tigard 97224 Price . Mail :14300 SW 103rd Ave Tigard Or 97224 Land :$70,820 Use :1012 Res,Improved Imp :$102,380 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,358.11 Telephone:503- 639 -8288 Thomas Bros:655 D6 Subdiv :Tigardville Heights Legal :TIGARDVILLE HEIGHTS, LOT PT 16, Bedrm:4 Bth:2.00 YB:1950 Lot Sqft:31,363 B1dgSF:3,552 Ac:.72 # 5 * MetroScan / Washington (OR) * Parcel :R0501969 RefPar# :2S111BB 01100 Owner :Kastel Charles G & Mary J Trs Xfered :09/11/96 Site :14259 SW 100th Ave Tigard 97224 Price . Mail :14259 SW 100th Ave Tigard Or 97224 Land :$54,500 Use :1012 Res,Improved Imp :$125,710 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,453.56 Telephone:503- 639 -7842 Thomas Bros:655 D6 Subdiv . Legal :ACRES .94 Bedrm:3 Bth:2.00 YB:1966 Lot Sqft:40,946 B1dgSF:3,136 Ac:.94 # 6 * MetroScan / Washington (OR) * Parcel :R0501978 RefPar# :2S111BB 01200 Owner :Frank Gottfried Ann Xfered . Site :14230 SW 103rd Ave Tigard 97224 Price . Mail :14230 SW 103rd Ave Tigard Or 97224 Land :$73,960 Use :1012 Res,Improved Imp :$108,440 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,483.36 Telephone:503- 639 -3412 Thomas Bros:655 D5 Subdiv . Legal :ACRES .94, SENIOR CITIZEN DEFERRAL Bedrm:4 Bth:2.00 YB:1910 Lot Sqft:40,946 B1dgSF:3,150 Ac:.94 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. • • • # 7 * -. MetroScan / Washington ( * Parcel :R0501987 RefPar# :2S111BB 01300 Owner :Propst Melvin R Elaine Xfered . Site :14180 SW 103rd Ave Tigard 97224 Price . Mail :14180 SW 103rd Ave Tigard Or 97224 Land :$62,680 Use :1012 Res,Improved Imp :$103,520 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,262.81 Telephone:503- 639 -2403 Thomas Bros:655 D5 Subdiv . Legal :ACRES .62 Bedrm:3 Bth:2.00 YB:1954 Lot Sqft:27,007 B1dgSF:2,282 Ac:.62 # 8 * MetroScan / Washington (OR) * Parcel :R0501996 RefPar# :2S111BB 01301 Owner :Fischer Camille L Xfered . Site :14150 SW Driftwood Ct Tigard 97224 Price . Mail :PO Box 520 Dundee Or 97115 Land :$184,800 Use :7012 Res,Multiple Housing,Improvements Imp :$1,010,340 Census :Tract:308.01 Block:3 96 -97 Taxes :$16,271.70 Telephone: Thomas Bros:655 D6 Subdiv :Tigardville Heights Legal :TIGARDVILLE HEIGHTS, LOT 8 -9 & PT Bedrm: Bth: YB: Lot Sqft:152,460 B1dgSF: Ac:3.50 # 9 * MetroScan / Washington (OR) * Parcel :R0502003 RefPar# :2S111BB 01500 Owner :Washington County Of Xfered . Site :10362 SW Mcdonald St Tigard 97224 Price . Mail :111 SE Washington St #Ms42 Hillsboro Or 97123and :$52,480 Use :9842 Misc,Private Exempt Org,Leased Imp :$224,980 Census :Tract:308.01 Block:3 96 -97 Taxes . Telephone: Thomas Bros:655 D5 Subdiv :Tigardville Heights Legal :TIGARDVILLE HEIGHTS, LOT PT 1, Bedrm:10 Bth: YB:1986 Lot Sqft:30,492 BldgSF:5,257 Ac:.70 # 10 * MetroScan / Washington (OR) * Parcel :R0502021 RefPar# :2S111BB 01502 Owner :Colling Joyce C Xfered :07/23/97 Site :14137 SW 103rd Ave Tigard 97224 Price . Mail :8255 SW Seneca St Tualatin Or 97062 Land :$47,030 Use :1012 Res,Improved Imp :$118,930 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,259.53 Telephone: Thomas Bros:655 D5 Subdiv . Legal :ACRES .22 Bedrm:4 Bth:2.00 YB:1969 Lot Sqft:9,583 B1dgSF:3,040 Ac:.22 # 11 * MetroScan / Washington (OR) * Parcel :R0502049 RefPar# :2S111BB 01600 Owner :Baurer Ramona R Xfered :08/05/96 Site :14165 SW 103rd Ave Portland 97224 Price . Mail :14165 SW 103rd Ave Portland Or 97224 Land :$49,050 Use :1012 Res,Improved Imp :$77,730 Census :Tract:308.01 Block:3 96 -97 Taxes :$1,623.96 Telephone:503- 639 -1491 Thomas Bros:655 D5 Subdiv . Legal :ACRES .47 Bedrm:3 Bth:1.00 YB:1962 Lot Sqft:20,473 B1dgSF:2,304 Ac:.47 # 12 * MetroScan / Washington (OR) * Parcel :R0502058 RefPar# :2S111BB 01700 Owner :Johnson Richard E Xfered . Site :14155 SW 103rd Ave Tigard 97224 Price . Mail :9812 SW Kable St Tigard Or 97224 Land :$57,230 Use :1012 Res,Improved Imp :$103,730 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,191.44 Telephone: Thomas Bros:655 D5 Subdiv . Legal :ACRES .42 Bedrm:5 Bth:2.00 YB:1962 Lot Sqft:18,295 BldgSF:2,664 Ac:.42 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. • • # 13 * -. MetroScan / Washington i * Parcel :R0502067 RefPar# :2S111BB 01800 Owner :Heise Nanon L Estate Of Xfered . Site :14245 SW 103rd Ave Tigard 97224 Price . Mail :14245 SW 103rd Ave Tigard Or 97224 Land :$71,700 Use :1012 Res,Improved Imp :$60,760 Census :Tract:308.01 Block:3 96 -97 Taxes :$1,803.42 Telephone: Thomas Bros:655 D6 Subdiv . Legal :ACRES 1.42 Bedrm:2 Bth:1.00 YB:1915 Lot Sqft:61,855 B1dgSF:1,144 Ac:1.42 # 14 * MetroScan / Washington (OR) * Parcel :R0502085 RefPar# :2S111BB 02000 Owner :Bernards Charles J & Agnes Mari Xfered . Site :14175 SW 103rd Ave Tigard 97224 Price . Mail :14175 SW 103rd Ave Tigard Or 97224 Land :$63,100 Use :1012 Res,Improved Imp :$66,760 Census :Tract:308.01 Block:3 96 -97 Taxes :$1,768.04 Telephone:503- 639 -5438 Thomas Bros:655 D5 Subdiv . Legal :ACRES 1.42 Bedrm:2 Bth:1.00 YB:1940 Lot Sqft:61,855 B1dgSF:1,416 Ac:1.42 # 15 * MetroScan / Washington (OR) * Parcel :R0502094 RefPar# :2S111BB 02100 Owner :Bullock Michael T Xfered . Site :10340 SW Mcdonald St Tigard 97224 Price :$50,000 Mail :10342 SW Mcdonald St Tigard Or 97224 Land :$56,410 Use :1012 Res,Improved Imp :$67,330 Census :Tract:308.01 Block:3 96 -97 Taxes :$1,684.72 Telephone:503- 684 -1192 Thomas Bros:655 D5 Subdiv :Tigardville Heights Legal :TIGARDVILLE HEIGHTS, LOT PT 1, Bedrm:3 Bth: YB:1916 Lot Sqft:18,730 B1dgSF:3,232 Ac:.43 # 16 * MetroScan / Washington (OR) * Parcel :R0502101 RefPar# :2S111BB 02101 Owner :Skynat Limited Partnership Xfered :05/02/97 Site :10450 SW Mcdonald St Tigard 97224 Price . Mail :4000 SW Corbett Ave Portland Or 97201 Land :$334,800 Use :7012 Res,Multiple Housing,Improvements Imp :$1,777,820 Census :Tract:308.01 Block:3 96 -97 Taxes :$28,763.10 Telephone: Thomas Bros:655 D5 Subdiv . Legal :ACRES 2.61 Bedrm: Bth: YB:1968 Lot Sqft:113,691 B1dgSF: Ac:2.61 # 17 * MetroScan / Washington (OR) * Parcel :R0502469 RefPar# :2S111BC 02900 Owner :Boehr Irwin I & Patricia L Xfered :03/23/94 Site :10470 SW View Terrace St Tigard 97224 Price . Mail :10470 SW View Terrace St Tigard Or 97224 Land :$60,500 Use :1012 Res,Improved Imp :$126,480 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,545.71 Telephone: Thomas Bros:655 D6 Subdiv . Legal :ACRES .44 Bedrm:3 Bth:2.00 YB:1962 Lot Sqft:19,166 B1dgSF:2,392 Ac:.44 # 18 * MetroScan / Washington (OR) Parcel :R0502487 RefPar# :2S111BC 03001 Owner :Finger Richard J Jr Xfered :10/02/96 Site :10440 SW View Terrace St Tigard 97224 Price :$237,500 Mail :10440 SW View Terrace St Tigard Or 97224 Land :$67,060 Use :1012 Res,Improved Imp :$148,230 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,931.16 Telephone: Thomas Bros:655 D6 Subdiv . Legal :ACRES .48 Bedrm:4 Bth:3.00 YB:1967 Lot Sqft:20,908 B1dgSF:3,248 Ac:.48 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. III . # 19 * -: MetroScan / Washington ( * Parcel :R0996104 RefPar# :2S111BC 03100 Owner :Timmins Kelly A & Kathleen M Xfered :04/16/91 Site :14335 SW 103rd Ave Tigard 97224 Price :$33,000 Mail :14335 SW 103rd Ave Tigard Or 97224 Land :$74,580 Use :1012 Res,Improved Imp :$164,370 Census :Tract:308.01 Block:3 96 -97 Taxes :$3,253.29 Telephone:503- 639 -7821 Thomas Bros:655 D6 Subdiv :Douglas Heights Legal :DOUGLAS HEIGHTS, LOT 10 Bedrm:3 Bth: YB:1992 Lot Sqft: BldgSF:2,502 Ac: # 20 * MetroScan / Washington (OR) * Parcel :R0996186 RefPar# :2S111BC 03900 Owner :Raudy Beverly Xfered . Site :10360 SW View Terrace St Tigard 97224 Price :$29,500 Mail :10360 SW View Terrace St Tigard Or 97224 Land :$71,340 Use :1012 Res,Improved Imp :$132,650 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,777.30 Telephone: Thomas Bros:655 D6 Subdiv :Douglas Heights Legal :DOUGLAS HEIGHTS, LOT 2 Bedrm:3 Bth:3.00 YB:1983 Lot Sqft: BldgSF:1,794 Ac: # 21 * MetroScan / Washington (OR) * Parcel :R0996195 RefPar# :2S111BC 04000 Owner :Milam David A Xfered . Site :10330 SW View Terrace St Tigard 97224 Price :$134,000 Mail :10330 SW View Terrace St Tigard Or 97224 Land :$74,580 Use :1012 Res,Improved Imp :$169,170 Census :Tract:308.01 Block:3 96 -97 Taxes :$3,318.66 Telephone:503- 639 -2550 Thomas Bros:655 D6 Subdiv :Douglas Heights Legal :DOUGLAS HEIGHTS, LOT 1 Bedrm:4 Bth:3.00 YB:1981 Lot Sqft: B1dgSF:2,468 Ac: # 22 * MetroScan / Washington (OR) * Parcel :R1435245 RefPar# :2S110AA 00401 Owner :Ripley David & Ripley John Xfered :05/30/96 Site :14145 SW Pacific Hwy Tigard 97224 Price . Mail :9900 SW Century Oak Dr Tigard Or 97224 Land :$66,140 Use :2002 Vacant,Commercial Imp . Census :Tract:319.01 Block:9 96 -97 Taxes :$900.48 Telephone: Thomas Bros:655 D5 Subdiv . Legal :ACRES 1.04 Bedrm: Bth: YB: Lot Sqft:45,302 B1dgSF:' Ac:1.04 / J The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ! ! * * * * * * * * * * * * * * * * * * * * * ** * Current * Sale Statistics ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Average Sale Price : $237,500.00 * * Average Loan Amount * * * Number of Sales in last year : 3 * * Number of sales in last 6 months : 2 * * * Note: Average Sale Price and Loan Amounts are calculated on full * value sales within the last year. * ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * ** * Farm Statistics * * * * * * * * * * * * * * * * * * ** ************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Owner Occupied : 12 * Absentee Owner : 10 * * * Average Square Footage : 2723 * Average # of bedrooms : 3 * Average # of Bathrooms : 2.00 * Average year built : 1958 * ************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The Information Provided Is Deemed Reliable, But Is Not Guaranteed. c • .• ► • • 4�sC AMER, First American Title Insurance Company of Oregon >> . An assumed business name of TITLE INSURANCE COMPANY OF OREGON • WAKER ASSOCIATES INC. October 14, 1997 ATTN: HAILEY 11080 SW ALLEN BLVD. BEAVERTON, OR 97005 We appreciate this opportunity to be of service to you. If you have any questions regarding this report, please call: MEREDITH 790 -7879 First American Title Insurance Company of Oregon 1700 SW Fourth Avenue, Suite 102 Portland, OR 97201-5512 Phone: (503) 222 -3651 Fax: (503) 790 -7872 This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds; indiscriminate use only benefitting intermediaries will not be permitted. Said services may be discountinued. No liability is assumed for any errors in this report. • • 105111 Quandt 6 NEIGHBORHOOD MEETING THURSDAY, 11/13/97 CITY OF TIGARD, TOWN HALL ROOM 5 LOT SUBDIVISION SIGN-IN SHEET NAME ADDRESS PHONE 4( U (1)-t Pt/P S Ma-di tktilr vls il/335 /o3•` 63 24 A ir.) \,/\, iogq t- E e)rir owe( 4' /1,9'i{t7 _51/t/ Y W V 7t • / • 3 7-5 /64, . 1 0 . 5 - 16 Vte.,L) te42_12 , (- -C7 7 _2..(1) • /a. CP(..6-ak5 4 4y/c- -- e A24 / 1 W it - 5 3 4 10 /r). coo (A) P,i4) • i , • • NEIGHBORHOOD MEETING NOTES 103` Ave. - T.P.B. Properties (Brie Woods) The required neighborhood meeting for the 103` Ave. Project was held at 6:00 pm on November 13, 1997 at the Tigard City Hall, Town Hall Room. Below is a list of questions, concerns and comments brought up by those who attended. Questions raised by the attendees include: • How many duplexes would be allowed? • Can the developer go beyond duplexes? (i.e. triplexes, apartments) • Would any surrounding neighbors be financially impacted by improvements made to public systems? • Are there height restrictions? Concerns: 1. A majority of the attendees were concerned about the increased traffic that would .be generated by duplex lots. They say that traffic on 103 is already too heavy and too fast, and that that many more cars pulling onto and off of 103` would create a hazard. They believe the access point has inadequate visibility and clearing to safely add that much traffic to the area. 2. Many neighbors expressed a concern for storm water runoff, stating that there are already drainage problems in the area. 3. There was concurrence among the attendees that duplexes were not desirable at this site. In addition to the increased traffic, they were concerned about the possibility that the duplexes would be rental properties. They believe that non -owner occupied properties can reduce property values, cause problems in the neighborhood, such as trespassing, and that generally renters don't make good neighbors. Also, the residents were not in agreement with the City's classification of duplexes as single family residences. 4. There is concern that the flag is not wide enough to handle the traffic from 5 duplexes, and that it would be difficult for emergency vehicles to access the property from 103` Ave. Although the hammerhead turn- around is designed to Tualatin Valley Fire District standards, there is worry . that there is not enough room if multiple emergency vehicles are required at the site. 5. Some neighbors were not notified about the project and felt they should have been. They feel that there is a problem with the system used to determine who should be notified. 6. There were questions about the City's allowing this project, since in recent years the City has told interested parties that no more than 2 houses could be built on this property because the flag is too narrow. 7. Several neighbors expressed a desire to have input on the conditional use aspect of the project. 10511 1 mtgnts.doc • • WA Waker Associates Inc. October 16, 1997 CIVIL ENGINEERING /PLANNING /SURVEYING RE: PROPOSED DEVELOPMENT: 5 LOT SUBDIVISION Dear Neighbors: I am representing the owner of the property located at 14225 SW 103` (Tax Map 2S 1 11BB Tax Lot 1900), more specifically shown by the attached map. We are considering a proposal for a 5 lot subdivision at this location, which is currently zoned R -3.5 (Single - Family Residential, 10,000 square feet minimum lot size). We will be applying for a conditional use permit to allow duplexes, and a variance for the cul -de -sac length. Prior to applying to the City of Tigard for the necessary approval, I would like to discuss the proposal in more detail with the members of the Community Involvement Team and surrounding property owners and residents. The purpose of this meeting is to provide a forum for the applicant and surrounding property owners /residents to review the proposal and to identify issues so that such issues may be considered before the formal application is turned in to the City. This meeting gives you the opportunity to share with me any special information you know about the property involved. I will attempt to answer questions which may be relevant to meeting development standards consistent with the City of Tigard's Community Development Code. You are invited to attend a meeting: THURSDAY, NOVEMBER 13, 1997 6:00 P.M. TIGARD CITY HALL TOWN HALL ROOM 13125 SW HALL BLVD. TIGARD, OR 97223 Please note that this will be an informational meeting on preliminary development plans. Theses plans may be altered prior to submittal of the application to the City. Depending upon the type of land use action required, you may receive official notice from City of Tigard for you to either participate with written comments and/or an opportunity to attend a public hearing. Should you have any questions regarding this proposal please call Hayli Hudson at 643 -9410. Sincerely, Waker Associates, Inc. ye irt/he' l ;s Matthew L. Sprague Principal Planner 11080 S.W. Allen Boulevard / Suite 100 / Beaverton, Oregon 97005 / (503) 643 -9410 / FAX (503) 643 -0625 105111nhbrmtg.doc • 41 SEE MAP m Q 2S I 2CC 3.w. 3033[. .. 03 2c .3+333. 3.1.... II 8 3 2 3i..... aelH ...•.7n l T jj O 400,0 t1. VS p R SOUTH LIN GEORGE RICHARDSON D.L.C. SO _. ..._ .. .. $ i Il': a•.33 431.311 , n n- - 71 - 077 4 . 2.31.. I 3033.. I a :.3329 •o c 10 ,.0 • 11 2101. 1500 2100 1503 1301 I 200 100 2d/ Iu 2? Ac 3.50 Ac 47A<. .52A0. .70 At. I34e. ^ I I i t 23� 74 IE.S.MW207D1 Z ; 3 + 1501 W ; 8 1 9 I IJ 1I W /9 A. > 7 � J " R D � _ . L I I + 3 � 30 3 a (CS ra 11,531) 1 _ .. , DA= ! > 1 1 2 .2940. • w ..1240. � 1 1C.8.N3.177u1 saac•. • lu MO Droll r� r.A. - - � - S 400 1600 741 '- __ -__ 9 .75.1e. 8 47Aa 13 - 4 • 2 H t 1700 A _ 3224. S H T i SEE MAP • SEE MAP I L 1 G H .s Ls.. _ 2S -I -1184 2S I IOA — i 500 .• a< 1 3 41.33 4 s 6200 1. /JAG 1 2000 +n•st 9 §f 14 4 O /0343. 2 0 / O . 1 34C•. . 3 o0 N • t wait / 1200 600 •77.2 Ai4e FOR ASSESSMENT PURPOSES ONLY MOO V s2A< DO NOT RELY ON FOR ANY OTHER USE IJIAe. 1800 $ 71 I$ w u Luc. • . + 11sraa'w T p 1 100 +2 • .Nde. / / /' /� 800 700 I - • 1311.70 31147d 1 7 1 P te t JJA<. J �A<. moo 1 900 top Q • .....".• :7113 . 7243. I .<6 AC I��. ~ 113. --•_ n..• --•, CA a 1 q 0 � HAS n \ , N..TO t. .. A I H 3D / 1 .[0 • • SEE MAP / 2S-1-118C / CJ /f / . v 3 l0 ti TIGARD 2S 1 1188 Yr..d 1. • . • AFFIDAVIT OF MAILING STATE OF OREGON ) ) ss. City of Tigard ) I, f&tj /i 1(fiso , being duly swom, depose and say that on Qcfi; her , 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) 1CZ.A.23 57t) // )S� /I/�/3 - c j. a copy of which notice so mailed is attached hereto and made a part of hereof. 1 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 Od �r: h with postage prepaid thereon. Signature (In the 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 �� day of ` o"-em /2t. , 19/2 • • OINNISE MMARI f P !'Jkall C// / dA4_,/ /("/,( COM M ISSION NO. es:::'7 NOTARY PUBLIC OF OREG N 1 my COMMISSION EXPIRES MARCh ' '3; My Commission Expires: . (Applicant. please complete information below for prover pla with proposed projec_) • , TA E OF PROJECT OR PROPOSED NAB : 1%r ; e L4.)oo4S TYPE OF PROPOSED DEVELOPMENT: 5 - S • !Name of ipplicandOwner. T. Q. 6 • Prn by f fip S - o i.J/! r � /Do � d Address or C- eneral Location of Subject Pro /ct 5 56,) /Q S /9 • - I Subject Property Tax Map(s) and Lot #(s): 5 / /1 g12c 1100 n:Vog a ttyanasterstemadsnu 1 (U5111 # 1. * 1 MetroScan / Washington (OR) 410 Parcel :R0489000 RefPar# :2S110AA 00200 Owner :Skl Properties Llc Xfered :08/12/94 Site :14130 SW 105th Ave Tigard 97224 Price :$600,000 Mail :PO Box 230703 Tigard Or 97281 Land :$184,800 Use :7012 Res,Multiple Housing,Improvements Imp :$862,730 Census :Tract:308.01 Block:3 96 -97 Taxes :$14,262.03 Telephone: Thomas Bros:655 05 Subdiv . Legal :ACRES 1.63 Bedrm: Bth: YB:1968 Lot Sqft:71,002 B1dgSF: Ac:1.63 # 2 * MetroScan / Washington (OR) * Parcel :R0489064 RefPar# :2S110AA 00300 Owner :Beverly Ent Tigard Care Ctr Xfered . Site : *No Site Address* Price :$1,618,364 Mail :PO Box 565048 Dallas Tx 75356 Land :$345,590 Use :2012 Com,Improved Imp :$917,3.10 Census :Tract: Block: 96 -97 Taxes :$17,194.25 Telephone: Thomas Bros: Subdiv . Legal :ACRES 2.08 Bedrm: Bth: YB: Lot Sqft:90,604 B1dgSF: Ac:2.08 # 3 * MetroScan / Washington (OR) * Parcel :R0489108 RefPar# :2S110AA 01500 Owner :Oregon Foundation Inc Xfered . Site :10575 SW Canterbury Ln Tigard 97224 Price . Mail :520 SW 6th Ave Portland Or 97204 Land :$834,620 Use :9502 Misc,Literary Benevolent,Etc Imp . • Census :Tract:308.01 Block:3 96 -97 Taxes . Telephone:503- 224 -4011 Thomas Bros:655 D6 Subdiv :Canterbury Place Legal :CANTERBURY PLACE - AMENDED, LOT . Bedrm: Bth: YB: Lot Sqft:277,477 B1dgSF: Ac:6.37 # 4 * MetroScan / Washington (OR) * Parcel :R0501950 RefPar# :2S111BB 01000 Owner :Reeder Mary R Xfered . Site :14300 SW 103rd Ave Tigard 97224 Price . Mail :14300 SW 103rd Ave Tigard Or 97224 Land :$70,820 Use :1012 Res,Improved Imp :$102,380 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,358.11 Telephone:503- 639 -8288 Thomas Bros:655 D6 . Subdiv :Tigardville Heights Legal :TIGARDVILLE HEIGHTS, LOT PT 16, Bedrm:4 Bth:2.00 YB:1950 Lot Sqft:31,363 B1dgSF:3,552 Ac:.72 # 5 * MetroScan / Washington (OR) * Parcel :R0501969 RefPar# :2S111BB 01100 Owner :Kastel Charles G & Mary J Trs Xfered :09/11/96 Site :14259 SW 100th Ave Tigard 97224 Price . Mail :14259 SW 100th Ave Tigard Or 97224 Land :$54,500 _ Use :1012 Res,Improved Imp :$125,710 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,453.56 Telephone:503- 639 -7842 Thomas Bros:655 D6 Subdiv . Legal :ACRES .94 Bedrm:3 Bth:2.00 YB:1966 'Lot Sqft:40,946 B1dgSF:3,136 Ac:.94 # 6 * MetroScan / Washington (OR) * Parcel :R0501978 RefPar# :2S111BB 01200 Owner :Frank Gottfried Ann Xfered . Site :14230 SW 103rd Ave Tigard 97224 Price . Mail :14230 SW 103rd Ave Tigard Or 97224 Land :$73,960 Use :1012 Res,Improved Imp :$108,440 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,483.36 Telephone:503- 639 -3412 Thomas Bros:655 05 Subdiv . Legal :ACRES .94, SENIOR CITIZEN DEFERRAL Bedrm:4 . Bth:2.00 YB:1910 Lot Sqft:40,946 BldgSF:3,150 Ac:.94 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. # 7 * • MetroScan / Washington (OR) • * Parcel :R0501987 RefPar# :2S111BB 01300 Owner :Propst Melvin R Elaine Xfered . Site :14180 SW 103rd Ave Tigard 97224 Price . Mail :14180 SW 103rd Ave Tigard Or 97224 Land :$62,680 Use :1012 Res,Improved Imp :$103,520 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,262.81 Telephone:503- 639 -2403 Thomas Bros:655 D5 Subdiv . Legal :ACRES .62 Bedrm:3 Bth:2.00 YB:1954 Lot Sqft:27,007 B1dgSF:2,282 Ac:.62 # 8 * MetroScan / Washington (OR) * Parcel :R0501996 RefPar# :2S111BB 01301 Owner :Fischer Camille L Xfered . Site :14150 SW Driftwood Ct Tigard 97224 Price . Mail :PO Box 520 Dundee Or 97115 Land :$184,800 Use :7012 Res,Muitiple Housing,Improvements Imp :$1,010,340 Census :Tract:308.01 Block:3 96 -97 Taxes :$16,271.70 Telephone: Thomas Bros:655 D6 Subdiv : Tigardville Heights Legal :TIGARDVILLE HEIGHTS, LOT 8 -9 & PT Bedrm: Bth: YB: Lot Sqft:152,460 BldgSF: Ac:3.50 # 9 * MetroScan / Washington (OR) * Parcel :R0502003 RefPar# :2S111BB 01500 Owner :Washington County Of Xfered . Site :10362 SW Mcdonald St Tigard 97224 Price . Mail :111 SE Washington St #Ms42 Hillsboro Or 97123and :$52,480 Use :9842 Misc,Private Exempt Org,Leased Imp :$224,980 Census :Tract:308.01 Block:3 96 -97 Taxes . Telephone: Thomas Bros:655 D5 Subdiv :Tigardville Heights Legal :TIGARDVILLE.HEIGHTS, LOT PT 1, Bedrm:10 Bth: YB:1986 Lot Sqft:30,492 B1dgSF:5,257 Ac:.70 # 10 * MetroScan / Washington (OR) * Parcel :R0502021 RefPar# :2S111BB 01502 Owner :Colling Joyce C Xfered :07/23/97 Site :14137 SW 103rd Ave Tigard 97224 Price . Mail :8255 SW Seneca St Tualatin Or 97062 Land :$47,030 Use :1012 Res,Improved Imp :$118,930 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,259.53 Telephone: Thomas Bros:655 05 Subdiv . Legal :ACRES .22 Bedrm:4 Bth:2.00 YB:1969 Lot Sqft:9,583 B1dgSF:3,040 Ac:.22 # 11 * MetroScan / Washington (OR) * Parcel :R0502049 RefPar# :2S111BB 01600 Owner :Baurer Ramona R Xfered :08/05/96 Site :14165 SW 103rd Ave Portland 97224 Price . Mail :14165 SW 103rd Ave Portland Or 97224 Land :$49,050 _ Use :1012 Res,Improved Imp :$77,730 Census :Tract:308.01 Block:3 96 -97 Taxes :$1,623.96 Telephone:503- 639 -1491 Thomas Bros:655 05 Subdiv . Legal :ACRES .47 Bedrm:3 Bth:1.00 YB:1962 Lot Sgft:20,473 BldgSF:2,304 Ac:.47 # 12 * MetroScan / Washington (OR) * Parcel :R0502058 RefPar# :2S111BB 01700 Owner :Johnson Richard E Xfered . Site :14155 SW 103rd Ave Tigard 97224 Price . Mail :9812 SW Kable St Tigard Or 97224 Land :$57,230 Use :1012 Res,Improved Imp :$103,730 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,191.44 Telephone: Thomas Bros:655 D5 Subdiv . Legal :ACRES .42 Bedrm:5 • Bth:2.00 YB:1962 Lot Sqft:18,295 BldgSF:2,664 Ac:.42 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. il # 13 • •* 1 MetroScan / Washington (OR) * Parcel :R0502067 RefPar# :2S111BB 01800 Owner :Heise Nanon L Estate Of Xfered . Site :14245 SW 103rd Ave Tigard 97224 Price . Mail :14245 SW 103rd Ave Tigard Or 97224 Land :$71,700 Use :1012 Res,Improved Imp :$60,760 Census :Tract:308.01 Block:3 96 -97 Taxes :$1,803.42 Telephone: Thomas Bros:655 D6 Subdiv . Legal :ACRES 1.42 Bedrm:2 Bth:1.00 YB:1915 Lot Sqft:61,855 B1dgSF:1,144 Ac:1.42 # 14 * MetroScan / Washington (OR) * Parcel :R0502085 RefPar# :2S111BB 02000 Owner :Bernards Charles J & Agnes Mari Xfered . Site :14175 SW 103rd Ave Tigard 97224 Price . Mail :14175 SW 103rd Ave Tigard Or 97224 Land :$63,100 Use :1012 Res,Improved Imp :$66,760 Census :Tract:308.01 Block:3 96 -97 Taxes :$1,768.04 Telephone:503 -639 -5438 Thomas Bros:655 D5 Subdiv . Legal :ACRES 1.42 Bedrm:2 Bth:1.00 YB:1940 Lot Sqft:61,855 B1dgSF:1,416 Ac:1.42 # 15 * MetroScan / Washington (OR) * Parcel :R0502094 RefPar# :2S111BB 02100 Owner :Bullock Michael T Xfered . Site :10340 SW Mcdonald St Tigard 97224 Price :$50,000 Mail :10342 SW Mcdonald St Tigard Or 97224 Land :$56,410 Use :1012 Res,Improved Imp :$67,330 Census :Tract:308.01 Block:3 96 -97 Taxes :$1,684.72 Telephone:503- 684 -1192 Thomas Bros:655 D5 Subdiv :Tigardville Heights Legal :TIGARDVILLE HEIGHTS, LOT PT 1, Bedrm:3 Bth: YB:1916 Lot Sqft:18,730 B1dgSF:3,232 Ac:.43 # 16 * MetroScan / Washington (OR) * Parcel :R0502101 RefPar# :2S111BB 02101 Owner :Skynat Limited Partnership Xfered :05/02/97 Site :10450 SW Mcdonald St Tigard 97224 Price . Mail :4000 SW Corbett Ave Portland Or 97201 Land :$334,800 Use :7012 Res,Multiple Housing,Improvements Imp :$1,777,820 Census :Tract:308.01 Block:3 96 -97 Taxes :$28,763.10 Telephone: Thomas Bros:655 D5 Subdiv . Legal :ACRES 2.61 Bedrm: Bth: YB:1968 Lot . Sgft:113,691 B1dgSF: Ac:2.61 # 17 * MetroScan / Washington (OR) * Parcel :R0502469 RefPar# :2S111BC 02900 Owner :Boehr Irwin I & Patricia L Xfered :03/23/94 Site :10470 SW View Terrace St Tigard 97224 Price . Mail :10470 SW View Terrace St Tigard Or 97224 Land :$60,500 _ Use :1012 Res,Improved Imp :$126,480 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,545.71 Telephone: Thomas Bros:655 D6 Subdiv . Legal :ACRES .44 Bedrm:3 Bth:2.00 YB:1962 Lot Sgft:19,166 BldgSF:2,392 Ac:.44 # 18 * MetroScan / Washington (OR) * Parcel :R0502487 RefPar# :2S111BC 03001 Owner :Finger Richard J Jr Xfered :10/02/96 Site :10440 SW View Terrace St Tigard 97224 Price :$237,500 Mail :10440 SW View Terrace St Tigard Or 97224 Land :$67,060 Use :1012 Res,Improved Imp :$148,230 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,931.16 Telephone: Thomas Bros:655 D6 Subdiv . Legal :ACRES .48 Bedrm:4 - Bth:3.00 YB:1967 Lot Sqft:20,908 B1dgSF:3,248 Ac:.48 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. ' I ll # 19 * • MetroScan / Washington (OR) • * . Parcel :R0996104 RefPar# :2S111BC 03100 Owner :Timmins Kelly A & Kathleen M Xfered :04/16/91 Site :14335 SW 103rd Ave Tigard 97224 Price :$33,000 Mail :14335 SW 103rd Ave Tigard Or 97224 Land :$74,580 Use :1012 Res,Improved Imp :$164,370 Census :Tract:308.01 Block:3 96 -97 Taxes :$3,253.29 Telephone:503- 639 -7821 Thomas Bros:655 D6 Subdiv :Douglas Heights Legal :DOUGLAS HEIGHTS, LOT 10 Bedrm:3 Bth: YB:1992 Lot Sqft: B1dgSF:2,502 Ac: # 20 * MetroScan / Washington (OR) Parcel :R0996186 RefPar# :2S111BC 03900 Owner :Raudy Beverly Xfered . Site :10360 SW View Terrace St Tigard 97224 Price :$29,500 Mail :10360 SW View Terrace St Tigard Or 97224 Land :$71,340 Use :1012 Res,Improved Imp :$132,650 Census :Tract:308.01 Block:3 96 -97 Taxes :$2,777.30 Telephone: Thomas Bros:655 D6 Subdiv :Douglas Heights Legal :DOUGLAS HEIGHTS, LOT 2 Bedrm:3 Bth:3.00 YB:1983 Lot Sqft: B1dgSF:1,794 Ac: # 21 * MetroScan / Washington (OR) Parcel :R0996195 RefPar# :2S111BC 04000 Owner :Milam David A Xfered . Site :10330 SW View Terrace St Tigard 97224 Price :$134,000 Mail :10330 SW View Terrace St Tigard Or 97224 Land :$74,580 Use :1012 Res,Improved Imp :$169,170 Census :Tract:308.01 Block:3 96 -97 Taxes :$3,318.66 Telephone:503- 639 -2550 Thomas Bros:655 D6 Subdiv :Douglas Heights Legal :DOUGLAS HEIGHTS, LOT 1 Bedrm:4 Bth:3.00 YB:1981 Lot Sqft: BldgSF:2,468 Ac: # 22 * MetroScan / Washington (OR) Parcel :R1435245 RefPar# :2S110AA 00401 Owner :Ripley David & Ripley John Xfered :05/30/96 Site :14145 SW Pacific Hwy Tigard 97224 Price . Mail :9900 SW Century Oak Dr Tigard Or 97224 Land :$66,140 Use :2002 Vacant,Commercial Imp . Census :Tract:319.01 Block:9 96 -97 Taxes :$900.48 Telephone: Thomas Bros:655 D5 Subdiv . Legal :ACRES 1.04 Bedrm: Bth: YB: Lot Sqft:45,302 B1dgSF: Ac:1.04 U,-/1 ��)1 L('('� I b✓ / N /I 7 / . 3'eJ:i1 , - 0_, 11 1.- ‘) : d \_i ! rJ The Information Provided Is Deemed Reliable, But Is Not Guaranteed. • • A M E R/ F Ny FirstAmerican litle Insurance Company * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Search Parameters * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * Washington (OR) * 10/14/97 * 15:19:10 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Reference Parcel Number...22 2S111BB 01000 2S111BB 01100 2S111BB 01200 2S111BB 01300 2S111BB 01301 2S111BB 01500 2S111BB 01502 2S111BB 01600 2S111BB 01700 2S111BB 01800 2S111BB 02000 2S111BB 02100 2S111BB 02101 2S110AA 00200 2S110AA 00300 2S110AA 00401 2S110AA 01500 2S111BC 03001 2S111BC 02900 2S111BC 03100 2S111BC 03900 2S111BC 04000 5 7 — C • &5 /I/ AFFIDT OF POSTING NO 11 WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: . .:..:::..::.. -. � ::� Plannin Divisiois :,: 13125 SW Hall Boulevard ":Y ' : . . . Tiga=d,OR 97223 I, Ili 1r l S o � - do affirm that I am present the party initiating intere in a proposed 5 -1-of 5 t,b vise co— affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) , .2. S S hi /D3.4,g_ 0751 / 113g -190/') , and did on the ao ../- day of OC.7a b er" 19 qi personally post notice indicating that the site may be proposed for a - 5uh4 vi 56 application, and the time, date and place of a neighborhood meeting to discuss the proposal. - The sign was posted at LOA... 4_ a2 G ss, b ihn:h fr.)-p 1Ad0d - Levez f- 5 r fr. DE 0 (state location you posted notice on property) nat Si (In the presence of a Notary Public 9 ( P rY ) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETEMOTARIZE) Subscribed and swom/affirmed before me on the " 1 day of ( , 19 7 9 OFFICIAL MARIE SEAL / . C07 ./ �- f DEIdNISE �lAR PAETCALFE ( � P- /�l ?./�I NOTARY PUBLIC-OREGON COMMISSION NO 033376 NOTARY PUBLIC OF ORE ON r COMMISSION EXPIRES MARCH 30, 1998 ���� 1 J My Commission Expir� : � 26 (Applicant, please complete information below for proper pla with proposed project) r r ME OF PROJECT OR PROPOSED NAME: f (" u)Oodd � TYPE OF PROPOSED DEVELOPMENT: 5 - Lot 5 u brl j ✓� 5i 0-- ! Name ofApplicanr/Owner. T. P ►3 • Prn ties — /l tr.4J. L qv/rind-I— ( - C-eneral Address or Location of Subject Property _ / 5t,5: h SA) 1054A Subject Properyy Tax Map(s) and Lot T(s): / /1 Og- /900 n:loginkpartyYrast«s1eposur t • Planning Department City of Tigard Tigard ,Oregon 97224 Dear Planning Department. This letter is in regard to the Project on 103rd. For twenty five years your answer has been that only two houses could be built on that 1.52 acc.. Now the proposed plan is for five duplexes. What has changed? This questions was asked by different people at the meeting the other night. I think you should give us an answer. My questions have to do with the water. 103rd drainage system doesn't work very well now. It look like to me that now all the water from that 1.52 acc. will be piped to 103rd. Plus other water from up the hill. Storm water has been a problem for years on the road and from coming down the hill to my place and the people below us. I would think that you would plan for some type of drainage system be provide along the road to the new development. I think maybe a curb with drains would do the job. From my experience it would take a 8 inch drain. My 4 inch around my house doesn't move enough water. Also the 15 inch going down 103rd. runs full with a small rain. Adding all the water from the hill will over load it. Another concern is a truck turning in from up the hill. It will be trick if a fire truck can make that turn. Also could the sewer be run up the west end of the property? Mrs. Propst would like street light on the East end next to 103rd. Sincerly, 12 -8 -97 Charles J. Bernards 14175 S.W. 103rd. Tiargd, Oregon 97224 503- 639 -5438 • • December 17, 1997 . �, j CITY OF TIGARD Charles Bemards OREGON 14175 SW 103rd Avenue Tigard, OR 97224 Re: Inquiry re: R -3.5 Zoning Allowable Density Dear Mr. Bemards: This letter is in response to your question dated 12 -8 -97, regarding the allowable density on a parcel at 14225 SW 103rd Avenue. The parcel is zoned R -3.5 (Residential, 3.5 units per acre) and has been zoned R -3.5 since at least 1984. The 1.52 acre parcel is a flag lot with a 20 -foot strip of land onto SW 103rd Avenue. City access standards allow up to six (6) Tots to be served by an access drive, with an access width of 25 feet and a minimum pavement width of 20 feet; or up to two (2) lots, with an access width of 15 feet and a minimum pavement width of ten (10) feet. The applicant for the subdivision in question is proposing five (5) lots. The applicant will be applying for a variance to the 25 -foot access width, while still providing the minimum 20 -foot paved driveway required to serve five (5) lots. All utility questions and requirements will be reviewed during the subdivision review process. A copy of your letter has been forwarded to the Engineering Department, who will be reviewing all utility related issues. If you have any questions conceming this information, please feel free to contact me at (503) 639 -4171. Sincerely, /4 "c-e. William D'Andrea Associate Planner i:\curpin \will\bemard.Itr c: MIS 97 -0023 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • CIVIL , GIEERI W AKE PL ANNI ASSOCIATES INC. FROM: MATTHEW L. SPRAGUE TO: WILL D'ANDREA FILE: 105111 CITY OF TIGARD REC: / DATE: 12/18/97 DEC 1 9 1997 SUBJECT: SUB 97 -0009 MiniuidmIl ut'aiLurI itNT ENCLOSED HEREWITH: PRELIMINARY COST ESTIMATE FINAL COMPUTER DISK CONSTRUCTION PLANS DRAWING NO. GRADING PLANS OTHER ATTACHED PLEASE FIND 18 SETS OF SECOND ADDENDUM TO FINDINGS AND FUTURE STREET PLAN FOR THE ABOVE REFERENCED PROJECT. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT OUR OFFICE. Yours very truly, WAKER ASSOCIATES, INC. BY /GG�4, 11080 S.W. ALLEN BOULEVARD / SUITE 100 / BEAVERTON, OREGON 97005 / PHONE (503) 643 -9410 / FAX (503) 643 -0625 • A CIVI ENGINE WAKER PLAN S UR�TE Y ERING ING ASSOCIATES INC. FROM: MATTHEW L. SPRAGUE TO: WILL D'ANDREA - ASSOCIATE PLANNER FILE: 105111 CITY OF TIGARD 13125 SW HALL BLVD. DATE: 12/11/97 TIGARD, OR 97223 SUBJECT: CITY OF TIGARD FILE (SUB) 97 -0009 ENCLOSED HEREWITH: PRELIMINARY COST ESTIMATE FINAL COMPUTER DISK CONSTRUCTION PLANS DRAWING NO. GRADING PLANS OTHER ATTACHED PLEASE FIND AN ADDENDUM TO THE FINDINGS SUBMITTED 12/10/97, AS WELL AS 18 BLUELINES OF THE REVISED PLAT REGARDING THE ABOVE REFERENCED PROJECT. SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT OUR OFFICE. RECEIVED Yours very truly, ' DEC 11, .. , . 19 , 9 ,.. 7 ._,., WAKER ASSOCIATES, INC. COMMUNITY DEv .. i BY 4/ BY '' ' - `✓ 11080 S.W. ALLEN BOULEVARD / SUITE 100 / BEAVERTON, OREGON 97005 / PHONE (503) 643 -9410 / FAX (503) 643-0625 • • IMPACT STUDY Brie Woods (103 Ave.) I have reviewed the Howard Quandt proposed partition and development (Brie Woods), and it is my professional opinion that the proposed public and private improvements will not negatively impact the existing public facilities or services. The following areas were considered in making my decision: Transportation: According to Mike Mills with the City of Tigard, the average daily traffic is 710 northbound and 714 southbound along SW 103` The increase in volume of traffic would be approximately 3.5 %, not negatively impacting SW 103` Storm: From the as -built information reviewed, off -site improvements may be necessary down stream. In addition, detention may be necessary for the proposed development. Water Quality will be necessary and it is planned to treat the existing home to the southeast to obtain credit for treatment of Lot 1. Sanitary: Due to the connection invert elevation point on the existing SW 103` sanitary line, our recommendation would be to have Lot 1 construct a daylight basement and set a finish floor elevation for sanitary services. Water: According to the as -built reviewed, the existing 12" water line along the western boundary line would supply the partition development with no negative impacts to the existing water system. Fire: The proposed private road design accommodates for the turn- around requirements for the Tualatin Valley Fire & Rescue (TVFR). In addition, a fire hydrant will be installed for the required fire protection. In conclusion, it is my Professional Engineering opinion that the proposed development will not negatively impact the public facilities and services. A. Jame Luthy, P.E. 10511 1 impact.doc OCT -16 97 14:58 FROM: WASH CO SUR 503 - 681 -2909 TO:6430625 PAGE: 01/01 OCT -16 -97 THU 13:22 W FAX NO 64306. P.02 . • . , 105111Jt$�r' • EllalarESION PLAT t M1NCr I request that the Washington County Surveyor's Office reserve the following subdivision name: - •f ----- 2nd chat. • • B e : —= - - ._._... Section, Township and Range 251, 11 BA - _1900 In city or county Tl _and OR • Surveyor A. Thomas Cavanau_h • I understand that if the name is not used within two years, it will be automatically canceled. Name, address and telepone number of person reserving plat name. Waiter Associates Inc. 11080 SW Allen Blvd. Beaverton, OR 97005 _ (503) 643 -9410 i iktzt,5 /0 /G 9 ignature / Date lame approved by. ► Washington County Sury • is Office Post -tY Fax Note 7671 Data ,o- �6 �$e8 / To From uNOA CO Jae pt. W4 t..7+ / • /Y V /I. Plsta�+c�!°` none Phme t 6 � ) /.... r / [CJ Foxa 6,43_0 5 Fax# A a ��N� - ' / ,/ ' _ ���� ' ' . 6GR MAIN TENAMC'E VEHICLES AND \ ..„..... _ / / 0, ,) / '' -- \c L I .„,• "" / / ,::,, ' ,/ „.•E>(1ST. Ci3 ' 1 - - • -- ' / , "••• *- - ' • ` 1 ./-. � - ' ' ' • - ' / -��� _ .��_ ���� ~__� __ _ ___--rT- '' '' ~_ ---_ - __-__- - _-'~ .~ -__ 'I, / . /' ' ~__-- ____ * ~' _ .--- -- ,` \ ` -1 / --- L --- ~- -- ' -- -- ~ ~ ' ^~ " 1 � i -' .^ . ^ ' 1 . ^~ -- --| ~ ' '~- ^ '^ ^° ~^ -~ ~^^ .~ ^� ` }` � 1 / | 0 • H � ` ` `` r ��i � : ` ` \111( . i ' -,, n, -■ ‘ \ ; \ ...-i-- 1 ,';..; ',0- i 'X V 0 \ \ , \ ,,,,,„,,,„,, , ,...,, „_,,,, ,,,,, , ,,,,,, n , r , ,, ,, ,, , , \, (A 51 ' , • 1 I 1 I \ f tt k It 1 ‘ i i 1 1 I \, f!I 1 LA,,, , , ‘,„ • ` ` ` ` ' ` ` \ -- • • • : aSs•sM•• .• APPLICANT: O M MV Jr DC I j,r.'•• V.• OWNER: s' a.•. 173 r.vmnK 1 1 L .' .r * - ' / glitilti - !Pt .. .. rablm 2ti - . asavariaa ON WWI . ENGINEER /SURVEYOR: :t I I ' Q V . • i t ' l } � ` ) t ® �M — j tv,.o � L � LEGAL DESCRIPTION III " ..� ., AD irs �c ii r .� . � AVAILABLE SERVICES _ - i - --'' - .T�, al yy�� , II /' - Ili t i.aL ' • i um . a+ 1 ( 1 / II -- I J am _ I f f / II ` NI J' 1 VICINITY MAP • _ A I _ / 1-, I et • • a � � . : �• " `....�•r.w...•I•mm e - ,. /II l j1� to z • , �•.. rlw. a.m.. _ II 1 o co P / .'' la - - -- , ... ��, �� ! `I I� I L C Q a. ' ,,,?;',...:. / 4/ 4 ••1 • .. u•• . ----- ---- -„_____„- .,,,, , ,,- , „-1 ji_,, R __eC__ Sa ••• . r 1' (at a t Vi 1I N *OS IV . Y _, " ., ` J - - -- "/ i - % –I �I-t /; E r [ ,._= -' - -- --- "_ - -- - - � I "riot — ; , 3� J as SW Ma. ma GC V s ,, F 3 a- Is ®1 B � ss..Z ... • • GRAPHIC SCAIS �,... ,..., T I T r r r - ...., „a, =I: r (a 10l 1 1 Ira .Y • ■ an•wr *UN Sr I ran. 0 r CITY OF:TI iD . : :: :- :. -. : . : 41. -.;:- ........... . PRE—APPLICATION CONFERENCE NOTES s RESIDENTIAL D R /2,3/ 97 STAFF W Dr' .1 • • APPUCANT: AGENT: HO WAfat) C?074 Phone:[ I Phone: t I 603 -otsy ! c7 0 s- 03 C ?, PROPERTY LOCATION: ADDRESS: / Ll aa5 5w /o a 7 -c TAX MAP /TAX LOT: Z S/ //a t3 - / go e NECESSARY APPUCATIONISI: < O ,i I V j ) OIL( , , IAA RIA N CE PROPOSAL DESCRIPTION: (, L.07 50 SD/ V/ 5 /aA7 • COMPREHENSIVE PLAN DESIGNATIOIN Lc i- J ZONING DESIGNATION: R - 3,5 CITIZEN INVOLVEMENT Sc Ulf / FACILITATOR: TEAM AREA: PHONE [5031 ZONING DISTRICT DIMENSIONAL REQUIREMENTS mum of size: /gemsq. ft. Average lot width: 6 ft. Maximum building height: 3 ft. Setback:: Front 20 ft. Side 6 ft. Rear /6" ft. Comer /1/A ft. from street. Maximum site coverage: /Vf4 % Minimum Landscaped or natural vegetation area: 1/4 % [ Refer to Code Section 18. L-! 8 1 CIDDRIONAL LOT DIMENSIONAL REQUIREMENTS Minimum lot frontage: 25 feet, unless lot is created through the Minor Land Partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15 -foot wide access easement. The depth of all lots shall not exceed 2% times the average width, unless the parcel is Tess than 1' /z times the minimum lot size of the applicable zoning district. [Refer to Code Section 18.164.060 Lots) CITY IFTIGARD h'-MMUgtleo Conforms Notes - Page 1 et 11 IssusWSlypuestlafsnin uwslsi Suds' r • • SPECIALS CRS ➢ S Bets: feet from the centerline of ➢ Esta lished areas: feet from ➢ Lower ' tensity zones: feet, along the site's boundary. ➢ Flag lot: en (10) -foot side yard setback. ➢ Zero lot line ots: minimum ten (10) -foot separation between buildings. ➢ Multi- family re 'dential building separation: (Refer to Cede "on 18.96.030) Accessory structures up to 528 square feet in size may be permitted on lots less than 2.5 acres in size. Five (5) -foot minimum setback from side and rear lot lines. Accessory structure up to 1000 square feet on parcels of at least 2.5 acres in size. [See applicable zoning district setbacks for primary structures) SDBDMSION PIAT NAME RESERVATIOND Thor to submitting a Subdivision land use application with the City of Tigard, applicant's are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approvaVreservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. (County Surveyor's Office: 648 -8884) RAG LOT NI 6 HEIGHT PROVISIONS Maximu eight of 1 stories or 25 feet, whichever is Tess in most zones; 2% stories, or 35 feet in R -7, R -12, R -25 o -40 zones provided that the standards of Code Section 18.98.030[61 are met. RESIDENTIAL DENS :. ION [See example below] The Net Residential Units allowed on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following and area(s) from the gross site area: 1. All sensitive lands areas including: a. Land within the 100 year floodplain; b. Slopes exceeding 25 %; and - c. Drainageways. 2. Public right -of -way dedication. 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 18.921 113(AMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R -12 ZONE (3,060 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSITIVE LANDS Single - Family Multi- Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8.712 sa, ft. (20 %) for public right- of-way 6.534 so, ft. (15 %) for public right -of -way NET: 34,848 square feet NET: 37,026 square feet 3.050 (minimum lot area) - 3.050 (minimum lot area) = 11A Units Per Acre = 12.1 Units Per Acre * Thal hit Cale makes Mat De aret>du arse clstiurtbs sext%Mb asuN lot NO ISONDINC OP IS PEOMITfED. Cm /FIICAMI Pre-a Dam CwIIIIIMICS Notes . hpe 2.f 1N 1/tlgalhl WOcann/Naan UMtln teals' • s i 4LOCK The perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre- existing development. When block lengths greater than 600 feet are permitted, pedestrian/bikeways shall be provided through the block. [Refer to Code Section 18.164.0401 RESIDENTIAL DENS TRANSFER The City of I. - 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 portio • of the site. (Refer to Code Se 1 18.92.0301. i - r- • • •1', •. - . • • i : for a residential development application to provide a detailed calculation for both the pe • itted residential density and the requested density transfer. RESIDENTIAL D ITY TRANSMtON Regardle of the allowed housing density in a zoning district, any property within 100 feet of a designated establishe area shall not be developed at a density greater than 125 percent of the maximum Comprehens a Plan designation (not zoning) of the adjacent parcel. Transition area applies to any property whic is a designated established area. The subject property is designated as an area. The subject property is adjoined by established /developing /areas to the north, south, east and w t. (FUTURE STREET PLAN AND EXTENSION OF STREETS 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. 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. 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 18.164.0301 (RESIDENTIAL DEVELOPMENT SOLAR ACCESS REQUIREMENTS All subdivisions and - minor partitions are subject to solar access requirements. These requirements state 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 Tots: 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. CITY SF116ARD Pm4oORcallua Cootaeoce Notes rwe 8 SI1S aw..n.l ../M.ph..Mil.. $.etlu • • • The total or partial exemption of a site from the solar access requirement may be approved for the following reasons: 1. East, west or north slopes steeper than 20 %. 2. Off -site shade sources (structures, vegetation, topography). 3. On -site shade sources (vegetation). Adjustments allowing a reduction of the 80% solar lot design requirement may be made for the following reasons: 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. c. Existing road or lotting pattern. d. Public easement or right -of -way. 2. Reduction in important development amenities. 3. Pre - existing shade (vegetation). PLEASE NOTE Maps and text are required which are sufficient to show that the development complies with the solar design standards, or that specific lots should be exempted or adjusted out. The Mowing items shall be Included in the analyst& 1. The north -south lot dimension and front lot line orientation of each proposed lot. 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 trees which are at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade shall be submitted. This map shall include the following: a. Height. b. Diameter. c. Species. d. A statement declaring that they are to be retained. 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 the south walls and roofs of the house, house orientation maximizing south window area, and a south - sloping roof area. To achieve this, one may utilize the following: 1. Protected Solar Building Line - The solar building line must: 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. c. Provide a minimum distance of 45 feet from the northernmost buildable boundary of the subject lot to the north property line. 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% of the ground floor's south wall protected from shade. b. At least 32% of the glass and 500 square feet of the roof area face south and be protected from shade. CflT SF11GARD Pre-Ap conference Noes Page 4 e111 IssitunallImMealsaffliantas MMIIUSaetlaa III III PLEASE NOTE Regardless of the eptiontsl used through the design of the Subdhfisioo or Miner Land Partition, all one and two family, single - family residences are reviewed through the buildmg permit process for compliance with Solar Balance Point standards. Please contact the Building Division for fmtber information regarding the Solar Balance Point standards and the options that are available related to building height and construction. PARKING AND ACCESS All • arkin • areas and drivewa s must be • aved. ➢ Single family: Requires 2 off - street parking spaces per dwelling unit. ➢ Multiple family: Requires 1.5 parking spaces per uni or •e• room. (Multi- family - requires 2 parking spaces per unit for 1+ bedrooms.) Multi -fami dwelling units with more than 10 required spaces shall provide parking for the use of guests and shall co , sist of 15% of the total required parking. (Refer to . de Section 18.106.030) • us - 1,1 , 0°. of required spaces may be designated and /or dimensioned as compact spaces. Parking stalls shall •e dimensioned as follows: ➢ Standard pa ing space dimensions: 8 ft. 8 inches X 18 ft. ➢ Compact park g space dimensions: 8 ft. X 15 ft. ➢ Handicapped p - king: All parking areas shall provide appropriately located and dimensioned disabled person pt rking spaces. The minimum number of disabled person parking spaces to be provided, as well a • the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A hand • t is available upon request. A handicapped parking space symbol shall be painted on the parking - pace surface and an appropriate sign shall be posted. BICYCLE RACKS Bicycle racks are required for muff family, commercial and industrial developments. Bicycle racks shall be located in areas protected from aut• obile traffic and in convenient locations. Bicycle parking spaces shall be provided on the basis of one spa. for every fifteen (15) required vehicular parking spaces. D21VEw,N _ Minimum number of accesses: Minimum access width: /5 . Maximum access width: Minimum pavement width: /O . REQUIRED W A Y LOCATION Within a ll ttached housing (except two- family dwellings) and multi - family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, common open space and recreation facilities. WI VISION AREA The City requires that clear vision areas be maintained between three and eight feet in height at road /driveway, road /railroad, and road /road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) CITY OF11GARD Pre4Applicatlm Conference Notes Page 5 .I1S halselslYWestln/IlauuuIMinSudsy • • BUFFERING AND SC ; > > INC In order to i • crease privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent deve „ • ments, especially between different land uses, the City requires landscaped buffer areas along certain sit. perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be o pied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are o • en advisable even if not required by the Code. The required buffer areas may only be occupied by vegeta "on, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may •e found in the Community Development Code. (Refute Cede Chapter ; .100) The required buffer widths • hich are applicable to your proposal area are as follows: ft along no ' boundary. ft. along east boundary. ft along south '• • undary. ft along west boundary. In addition, sight obscuring screenin• is required along (STREET TR EES� s Riet trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right -of -way or on private property within six feet of the right -of -way boundary. Street trees must have a minimum caliper of at least two inches when measured four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A minimum o one tree for every seven parking spaces must be planted in and around all parking areas in order to provi a vegetative canopy effect. Landscaped parking areas shall include special design features which a ctively screen the parking lot areas from view. These design features may include the use of landscaped erms, decorative walls, and raised planters. For detailed information on design requirements for parkin areas and accesses. [Rehr to Cede Chapte 18.100, 18.106 and 18.108) 1iHEE REMOVAL PLAN REQDIREMENTS A tree pan for the p removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of Tots or parcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use is 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: b Retainage of Tess 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; 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; CRY IF nun MFAOwatles Celliellate Notes PNe D WV IndlestlalAsilleinsafilaulas Wain skotha . • • b Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section 18.150.070.D; b Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; D Identification of all trees which are proposed to be removed; and D A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. (Refer to Code Section 18.150.025) M1fl6AT10N Replacement of a tree shall take place according to the following guidelines: - D A replacement tree shall be a substantially similar species considering site characteristics. D If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. D If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: D The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. D The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. In lieu of tree replacement under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. (Refer Is Code Section 18.150.070 (0) S16 • n permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sign Pe ' s" handout is available upon request. Additional sign area or height beyond Code standards may be permitt if the sign proposal is reviewed as part of a development review application. Altematively, a Sign Code Exce ion application may be filed for review before the Hearings Officer. SENS . DS The ode provides regulations for lands which are potentially unsuitable for development due to areas within q e 100 -year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or on unsta le ground. Staff will attempt to preliminarily identify sensitive lands areas at the pre - application conference • ased on available information. HOWEVER, the responsibility to precisely identify sensitive lands areas.: d their boundaries. is the responsibility of the applicant. Areas meeting the definitions of sensitive lands ust be clearly indicated on plans submitted with the development application. (Refer to Co bapter 18.841 CM IFTICMM he- Apuallso cumerouce Motes Pawn a 1U pqgessal4Wutla/Mupn! Ohba Satin • 1 • Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands areas. Residential development is prohibited within floodplains. STEEP SLOPES When steep slopes exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.84.040.8. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of 18.84.040.B.2 and 18.84.040.B.3. UNIFIED GE AGENCY [OSAI BUFFER STANDARDS, R a 0 96.44 P pose: La • development adjacent to sensitive areas shall preserve and maintain or create a vegetated corn • or for a buffer wide enough to protect the water quality functioning of the sensitive area. Desig Criteria: The ve• -tated corridor shall be a minimum of 25 feet wide, measured horizontally, from the defined boundari _ s of the sensitive area, except where approval has been granted by the Agency or City to reduce the width of a portion of the corridor. If approval is granted by the Agency or City to reduce the width •f a portion of the vegetated corridor, then the surface water in this area shall be directed to an area .f the vegetated corridor that is a minimum of 25 feet wide. The maximum allowable encroachme t shall be 15 feet, except as allowed in Section 3.11.4. No more than 25 percent of the length of he vegetated corridor within the development or project site can be Tess than 25 feet in width. In any ase, the average width of the vegetated corridor shall be a minimum of 25 feet. Restrictions in th - Vegetate Corridor: No structures, • -velopment, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water qual y protection provided by the vegetated corridor, except as allowed below: ➢ A gravel walkwa or bike path, not exceeding 8 feet in width. If the walkway or bike path is paved, then the ve • etated corridor must be widened by the width to the path. A paved or gravel walkway or bike p. h may not be constructed closer than 10 feet from the boundary of the sensitive area, unles . approved by the Agency or City. Walkways and bike paths shall be constructed so as to inimize disturbance to existing - vegetation; and ➢ Water quality facilities ay encroach into the vegetated corridor a maximum of 10 feet with the approval of the Agency o City. Location of Vegetated Corridor: In any residential developmen which creates multiple parcels or lots intended for separate 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 •e used for the construction of a dwelling unit. [Refer to R a 0 96.44/11SA Regulatio 1 - Chapter 3, Design for SWIM NARRATIVE e applicant shall submit a narrative which provides findings for all applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. Applicant should review code for applicable criteria. Cm HUM Pre40P0aneo Conferee= Notes Moe t a It btlUttld Yr11aWi/Mwb11 IMSbtSK M • . . . • CODE SECTIONS 18.80 718 18.100 _ 18.108 _ 18. -120 18.150 _ 18.84 _ 18.96 % 18.102 _ 18.114 18.130 X18.160 ✓ 18.88 18.98 / 18.106 _ 18.116 _ 18.134 _ 18.162 X18.164 0 STUD As a part of the application submittal requirements, applicants are required to include impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. (Refer to Code Chapter 18.32 Section .050) When a condition of approval requires 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. [Refer to Code Chapter 18.32 Section .250) �N 6HBORH MEETIN The app i 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 review the Land Use Notification handout concerning site posting and the meeting notice. (Refer to the Neighborhood Meeting Handout) 1UILDINC PERMITS? Plans for building and other related permits will not be accepted for review until a land use approval has been issued. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. RELY Applic should contact franchise hauler for review and approval of site servicing compatibility with Pride Dispo 's vehicles. CONTACT PER N: Lenny Hing with Pride Disposal at (503) 625 -6177. [Refer to Code Sec 18.116) ADDITIONAL CONCERNS OR COMMENTS: (T AdAxiA4 um e v / c IE,a 4r ' /s 4 I//ig,A,V /F to %4C.C.F ss wt V Ti'fs 25 / SE,e v, r p Td Co /c 7s OA) Al 21 yr 7" 57RCeT G,rtZFA e. 77c 4J l„ /op fe_5 of eES 7/4h'/.J&5 D�r/Ec P. T i4PP2ol/. -L 0 F0?()R . ST1?P2t - 1:-IA4■) . W\, NV - AMr) - et:" 1? ('c7Nt\1eC"Z / trei _.(41J7.eA0,2. . zL . tit ' r 42 S' GJ1 X1 0e7 ti UF. Aker CITY OFTIGARD h*4Nsadso Cemereoce N es : ° Page I! et 11 IssUntlsl Inllunn/Mwln IM=hu $utIn . • • • PROCEDURE Administrative Staff Review. • -Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must accepted by a Planning Division staff member of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be 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), 8%" x 11" map of a proposed project should be submitted for attachment to the staff report or 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 will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10, to 20 day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard Crrt Gooniri l . A basic flow chart which illustrates the review process is available from the Planning Division upon request. This pre - application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. 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 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: Gt% // /C9AJ,)A-,4 CITY OF TIGARD PLANNING DIVISION PRONE (5031 6394171 FAX: 15031684-7297 h:UOginkpatty%preapp -r.mst (Engineering section: preapp.eng) 26- Mar -97 Cm OFTIGMD Pre-Anficallea conference Metes Pave 111111 mishmusi Ilrtlk.tl.UNhIulU IMsl.. s.on.. • 4 op City of Tigard;'Oregon PRE - APPLICATION CONFERENCE NOTES ENGINEERING .SECTION:' PUBLIC FACILITIES The purpose of the pre - application conference is to: (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (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 the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right -of -way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights -of -way to the ultimate functional street classification right -of- way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right -of -way dedication for: 5AJ 1 w� to feet from centerline. ( ) to feet from centerline. ( ) to feet from centerline. Street improvements: street improvements will be necessary along S1nf « ;' ( ) street improvements will be necessary along C7() Street improvements on Sv.1 Irate` shall include Vs feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of 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 collector CITY OF TIGARD Pre - Application Conference Notes Page 1 of 5 Engineering Department Section - streets, or in the Cell Business District), necessary strip signs and traffic control devices, streetlights, and a two year streetlighting fee. ( ) Street improvements on shall include feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of 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 collector streets, or in the Central Business District), necessary street signs and traffic control devices, streetlights, and a two year streetlighting fee. ($ Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in -lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. Th re are existing overhead utility lines which run adjacent to this site along SW ■(:).' . Prior to ‘2 -o1wL. -F-.-t , the applicant shall either place these utilities underground, or pay the fee in -lieu described above. In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non - remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: ( (2.) Pedestrianways /bikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located in 1eb'° ,. . The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to i S'3an- 'Tim %A/2 f-, N -mi % -c . . CITY OF TIGARD Pre - Application Conference Notes Page 2 of 5 Engineering Department Section Water Supply: • • The Ti-,f? Water t'- - Phone:(503) Ce ( provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526 -2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a subbasin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. A downstream analysis will also likely be necessary to determine if runoff from the proposed development will cause adverse impacts to the existing storm system downstream of the site. ° Ra OB A Llu41 ►A SvS SsF... Ak RAF-1 Try RreAA6 ) £ A v& -- . • Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. • Wlu... N66D' 04444_6 Fog— Ct/i -per • Srk- (-64. 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 requires the construction of on -site water quality facilities. The facilities shall be designed to remove CITY OF TIGARD Pre - Application Conference Notes Page 3 of 5 Engineering Department Section • 65 percent of the phosph. contained in 100 percent of therm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in -lieu of constructing an on -site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in -lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $. Preliminary sizing calculations for any proposed water quality facility shall be submitted with t e development application. It is anticipated that this project will require: Aff45 (✓r Construction of an on -site water quality facility. (uN GR-►'C U S A (vr Payment of the fee in -lieu. Oc--S aN� - c. F�c —t TRAFFIC IMPACT FEES In 1990, Washington County adopted a county -wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. P TA - PERMITS Engineering Department Permits: Any work within a public right -of -way in the City of Tigard requires a permit from the Engineering 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 -way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. The cost of this type of permit is calculated as 4% of the cost of the work and is payable prior to issuance of the permit. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. The cost of this permit is also calculated as 4% of the cost of the improvements, based on the design engineer's estimate, and is payable prior to issuance of the approved plan. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer /Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement 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 is responsible for the work until such time written City acceptance of the work is posted. CITY OF TIGARD Pre - Application Conference Notes Page 4 of 5 Engineering Department Section • the • NOTE: If an Engineering Permit is required, applicant must obtain that permit prior to 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 more detailed explanation of these permits, contact the Development Services Counter at 639 -4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi - family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on -site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi- family buildings. It covers all work necessary for building construction, including sub - trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20 %, as well as lots that have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: r ■ `I 25 '7 ENGINEERING DE "ARTMEN Phone: (503) 639 -4171 Fax: (503) 684 -7297 h: \login\patty\preapp. eng (Master section: preapp - r.mst) December 23, 1996 CITY OF TIGARD Pre-Application Conference Notes Page 5 of 5 Engineering Department Section • • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST CITY OF TIGARD 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. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639 -4171. Staff: WIC, Date: 9/Z3/97 I APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE MARKED ITEMS Q A) Application form (1 copy) ra- B) Owner's signature/written authorization o' C) Title transfer instrument/or grant deed D) Applicant's statement No. of Copies /8 E) . Filing Fee $ SEP cEa Sc9 UL • SITE- SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE MARKED ITEMS I A) Site Information showing: No. of Copies /F; 1. Vicinity map • 2. Site size & dimensions tEr 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10 %) 4. Drainage pattems, courses, and ponds 5. Locations of natural hazard areas including: ❑ (a) Floodplain areas ❑ (b) Slopes in excess of 25% o (c) Unstable ground ❑ (d) Areas with high seasonal water table ❑ (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils ❑ 6. Location of resource areas as shown on the Comprehensive Map Inventory including: ❑ (a) Wildlife habitats ❑ (b) Wetlands ❑ 7. Other site features: (a) Rock outcroppings ❑ (b) Trees with 6" + caliper measured 4 feet from ground level >a' 8. Location of existing structures and their uses 9. Location and type of on and off -site noise sources 0 ' 10. Location of existing utilities and easements 11. Location of existing dedicated right -of -ways se LAND USE APPLICATION / UST PACE 1 OF 5 • • 6) Site ' - elo.ment Plan Indi atin:: No. of Copies 1. The proposed site and surrounding properties o 2. Con •ur line intervals ❑ 3. The (•cation, dimensions and names of all: (a) E isting & platted streets & other public ways and e- ements on the site and on adjoining properties ❑ (b) Pro•osed streets or other public ways & easements on t e site ❑ (c) Alter ative routes of dead end or proposed streets that r- • uire future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site o (b) Parking :nd circulation areas ❑ (c) Loading . nd services area ❑ (d) Pedestria and bicycle circulation (e) Outdoor c „mmon areas o (f) Above grou d utilities ❑ 5. The location, dimensions & setback distances of all: (a) Existing perm, nent structures, improvements, utilities, and easements wh h are located on the site and on adjacent property withi 25 feet of the site ❑ (b) Proposed struct res, improvements, utilities and easements on the site o 6. ,.storm drainage facilitie. and analysis of downstream conditions ❑ 7. Sanitary sewer facilities ❑ 8. The location areas to be andscaped o 9. The location and type of • utdoor lighting considering crime prevention techniques ❑ 10. The location of mailboxes ❑ 11. The location of all structures : d their orientation 0 12. Existing or proposed sewer reimbursement agreements ❑ C) Grading Plan Indicating: No. of Copies /8 The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1. The location and extent to which grading will take place indicating: (a) General contour lines (b) Slope ratios (c) Soil stabilization proposal(s) ra/ (d) Approximate time of year for the proposed site development ■t 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnicat engineering report 0 (b) The validity of sanitary sewer and storm drainage service proposals (c) That all problems will be mitigated and how they will be mitigated 2 LAND USE APPLICATION / LIST PAGE 2 OF 5 D) Architecture DravSs Indicating: • No. of Copies • - The site develo ment plan proposal shall include: 1. Floor plans in icating the square footage of all structures proposed for us on -site 2. Typical elevation rawings of each structure E) Landscape Plan Indicating: No. of Copies 1400 The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable o 2. Location and height of fences, buffers and screenings o 3. Location of terraces, decks, shelters, play areas, and common open spaces o 4. Location, type, size and species of existing and proposed plant materials Q- 5. Landscape narrative which also addresses: (a) Soil conditions ❑ (b) Erosion control measures that will be used o F) Sign rawings• • ❑ Sign d wings shall be submitted in accordance with Chapter 18.114 - of the Co as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. G) Traffic G eation Estimate: H) Prelimina P- rtition/Lot Line Ad'ustment Ma. Indicatin _ No. of Copies 1. The owne of the subject parcel 0 2. The owner'- authorized agent 0 3. The map sca - (20,50,100 or 200 feet –1) inch north arrow and date ❑ 4. Description o • arcel location and boundaries 0 5. Location, width and names of streets, easements and other public ways within an• adjacent to the parcel 0 6. Location of all p- anent buildings on and within 25 feet of all property lines o 7. Location and width .f all water courses o 8. Location of any trees within 6" or greater caliper at 4 feet above ground level 0 9. All slopes greater than , 5% 0 10. Location of existing utili ies and utility easements ❑ 11. For major land partition hich creates a public street: (a) The proposed right -o -way location and width 0 (b) - A scaled cross - section of the proposed street plus any reserve strip ❑ 12. Any applicable deed restrictions ❑ 13. Evidence that land partition w I not preclude efficient future land division where applicable LAND USE APPLICATION / LIST PAGE 3 OF 5 1) Subdivision Prelimlav Plat Mao and Data Indicating: • No. of Copies 1 1. Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet Er 2. The proposed name of the subdivision gzi 3. Vicinity map showing property's relationship to arterial and collector streets ram 4. Names, addresses and telephone numbers of the owner, developer, engineer, surveyer and designer (as applicable) 5. Date of application 6. Boundary lines of tract to be subdivided 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 for 0-10% grades greater than 10% t� 9. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision): (a) Public and private right -of -ways and easements t� (b) Public and private sanitary and storm sewer lines (c) Domestic water mains including fire hydrants (d) Major power telephone transmission lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ 10. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans 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 13. Scaled cross sections of proposed street right -of- way(s) 14. The location of all areas subject to inundation or storm water overflow 1Y 15. Location, width & direction of flow of all water courses & drainage -ways to -• 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. 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 18. The existing uses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures , are to remain after platting 19. Supplemental information including: (a) Proposed deed restrictions (if any) (b) Proof of property ownership (c) A proposed plan for provision of subdivision improvements 20. Existing natural features including rock outcroppings, wetlands & marsh areas 21. If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application LAND USE APPLICATION / UST PAGE 4 OE 5 • • )) Solar Access Calculations: IQ Other Information No. of Copies o h :UoginbattylmastetsV<iclist_mst may 23. 1995 LAND LSE APPLICATION J LIST PACE 5 OF 5 u r I II., ` y � ���a�ai Woe coo V 4 U . d i.. Ir I ' ti: �� c. .a.7.`. ' - - �Zti.'i:. v I / ---- -� - - - • b � 130 T �-� I 500 Pc ell zto tom: • e° • so�c . I a AC .3r+ C D t sr AC ~ !00 2.6I .t . 1 1 I , �t i 4 : = 8 s 4 (r L______1 n _ - t „ ______ ,._ • 1 . ...._..... .. . ... , . 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' , 1 , • VISAS WM' 191 /f . .. 747' �,� Ilk :,..4.17. � < T is r* ro• Imo t 4,711 ' t ` 4 S a - - j _ — _ s . sty vev, 1500 - • c I MU* __. CI I \ : . i,\ \ ....___________. U - -,..-.‘ . . . . _____N ''''s " \ - - - - - - - -- - t:,. ' 3t �ITIAL PC :7•1 �3100 i 1 iL, T�.. •��t \ \ -4--- • I I COI 3 33J'J J/ : oaks 7 Don M yer i7' ! 1 4700 - i60( ` s \ \ < - �- -- I 620- 8 � 8 ISO It \ \ J I 639 - ?35S 1 :J I r - - - �: �h s +cd) T `--) g 3200 �� tk' 1 � `� r _ -1` } _� \/�) -- .. - -----:; • I X e I s7 •' l� 1772 � � 4t,. 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L -° �4 - - u a re) g 5 23°04'W �,� 16.97 -44 4 `.4 \- 287.47 9.36CA. - 100 a. 589 w FS0.45 4 ' 43 M p� 48 - 589 °35 313.15 19 2777 1200 • 600 ' 1800 94Ac. .94Ac. - • ° . FOR ASSESSMENT PURPO i ° o ° - n (5 op. '" o DO NOT RELY ON FOR ANY I CO /.92Ac.' r• ° o N O - 2 V A W N o a.s6�.. - / 4 / '.$0 • N N NO - 56670 "' N89° 35'W �o �_" T ks _ 1 100 . `. • • 2 - - " _ .94Ac. NO. 800 700 - �' ( 68.70 284.70 - - 171 'p . 35Ac. .34Ac. 1000 ( �0' ( tag - - . • F---- $89 °3 9'W 276. N . 72 Ac. I - 46 Ac. � . 3 am • I O ff . 11 3' --i -�- 517.2' --W• C J el 28470 11.13 11., 1se.7o , In 25 may`' 220 - • 40 SEE MAP - - i': . - • 2S- I -IIBC _ - _ _ - L.....J... :- - - • � __ .. - - . .. ‹) %-°- ') C> P ) - <9 cr) c, > .c, ce) cZe •...5-, COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9 0 17 a BEAVERTON, OREGON 97075 Legal Notice Advertising • *City of Tigard • 0 Tearsheet Notice 13125 SW Hall Blvd. ° Tigard ,Oregon 97223 • 0 Duplicate Affidavit , . . . . . . . . .*‘•[.. , ••,=-'-'; is '--.' ..•r= t " --"' " - - - - -,-*-- •.- , •-fr.. ' -.- ' *Account s Payable • 1.The tellOwine`will be . considered; by:theTigard Hearings.OffiCar.bn. - MONDAYFEBRUARY it Tigard Civic Center 2 ' - :; • • .:Tonin Hall;:13125,S.W;Halliroulivaid',:.Tigaid;Oregott;B6tkpiibliacii,al .Yaii-a: iiiiiiviio.§Ailiza:i,Thi ort'this'inatterAltbe 1 . .1*itidiietediiii„,tieCtirdatigwithrtlielitli4kif'Cligferl.8.32.Of• thi-TilaiC:-...77.';;::•;.7.--• AFFIDAVIT OF PUBLICATION ..:.MitruCifint Codinifid fillei iiidepliiceduits the Hearings Officel."Failtfre '-in'iiisetiintili bYletteriEcOinfiaiiied,by:itaterneriti.orT. : - • STATE OF OREGON, ) *evidence suffiCiertyci'allii*Ihe hearii.aittliniity'rarid all partiii .- - COUNTY OF WASHINGTON, )ss. respond precludes aniiiiteir niiifiallUre from the , I, Kathy Snyder CommunityDeielainfient or COMiliehinsfire' Min at which a com- di - ment is directed 'preeltidekanappeAbased.pdthat criterion:t infor ....411P• being first duly sworn, depose and say that I am the Advertising '`irlaifiiiitiiriS4-be 13125 SW - • Director, or his principal clerk, of theTIgardmThalatjmes ''Boulevlia:Tifird,:Ofego'n'97223Ai (50 a newspaper of general circulation as defined in ORS 193.010 *-.PUBLICHEARING:T..41rir4L,H1.4V4r4'!..!.';7T:i7,•.:-;.;.. and 193.020; published at Tigard in the .. PERMIT • ..;"; • aforesaid county ond state; that the ::::;;;•:: 97:000 [VAR]97-00191 • 7 '4 - .: - ,. '--,- -- Hearing -Brie Woods Subdivision --rir 7 rti"!=i -- - • • - -. - - • . -.,, , ,,,, , - -4 *, : f::::: 7;. ,.. : g. '1.r. 1 - ... . t- 'ft■T'Ar2 :• 7 - N NAM 97 : . -- -. • ,-..-.,•••.:;,,,.......- ..-.!,-_:l.)...: 7 i a printed copy of which is hereto annexed, was published in the . ;_ • _:..-.:..--qx..4i..1.-41>:BRIE WOODS SUBDIVISIONi<.,-, . . A request.fotthe•follciwing=developrnentkapplicationsz-1: " Subdivision entire issue of said newspaper for ONE successive and - Prelimini6 AiiprO4tmatelyf:52 parcel into . consecutive in the following issues: five (5) lots ranging between 10,018 square feet to 12,154. square feet; 2. .Conditidnal. Use ,Permit approval to allOw*Lfine (1) of the lots to be per- Ja nu a ry 2 9 , 1 9 9 8 mitted foithetonstruetion:Of a duplex; .3Nariance request to allow an ap- proximately long cul-de-sac Code states that . . maximuni'cul-de-saclength shall 400. feeWand 4. ,Variance reqtes0o -,... . allow a 20;fobt:Wicte:aCcesidriVe;;Whet4:skilie.Codeitates that theltiinf7 ,a---L es i mum accs:width shall•be 25 feet. A Ju Avenue; WCTM 2S111BB;Tax Lot 01900:7he.site ts',generallyineated• .--- . ... Ili south SW McDonald Street, north of SWiyiew:Terrace; -on,the: Subscribed and sworn to . • ar , - west side SW 103rd Avenik:: ZONE:Residential, 3.5 Units Per / - ' .01-trim.: . 6.42 efo me thi 111 • ' . / . Acre; R . purpose ofthe R-3.5 ZOninediiri .tctisje*fabli.ilitani;:, .._,:. dard.urbanlow density residential sitei. „*zone 1 - a 11 . ii ii. i'..; ail iiing 6... - otheettli,4;'.iinglitItititiliresideniial•-nriVitiiublip'. Notadt for Oregon residentitetiOntienli,hbinefarinin iii:.rtinnufactired horile;farnily . Neare7ifilineikeitOtiatis;tentlibraty tisisidential fuel tank, and apees- . . My Commission Expires: . Community AFFIDAVIT :Development;C-ode-Setidi•48.48,.18:88,-.18.91..it.100.,.1.4.102,18.106,..- 18.108;:1813018434`,'I8.150,18...160-and 18.164M2t l'e,... :-",," • _ - - f ...,;,_`;',.-.'.. ,K).-4-„_:i •: - .1:::::: , ..-- - _: : . .......:73f..Ti .e.' .: ' • „ • i -,:','-',-1 - fei . :-. -:\ * ;.`..-•-•f.,F. ,.' - - a ....\ 3 .? , , • 1-. • : 1 1. - . --._ \ ; ..- -: • i : • " . - - -..- ,• . ::--•A'• -•-•-.7.-. „1. - - • _ ,.. ; r rT5 "Trrrrr eri 11 ... 7 ..?> ....:11:"*"....,A • .t tt :-.., mig _.,, .-: .‘,....,.. , . • i ILUM WI I 1 . 1 ' ::: • 7tr ' " E t,-77.---,..) il ..;.. , „ • .. - . .- .... ,I..:',..1:tr:;. g al # .. .. ..1 . • . - , . 1 1 „.• . 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'i =ef..,: ;-- - : - ......0 - 1:, - „z;, - ',:-,:. , - - .:-.r i ,`..' - ',= - 7., •,:. :::,'-.Lkli.::M44r5o,..:-,14,,,r.,<.,4 4 4*.:414i,.- '; , .. , ..t:;, - 3,‘` , 71) . 1:•.r,1" L- 2.'r'." * - ;"Vi , ',."4ki,_Atig.`ar4'' " . 4iZti_V*11 • .t......:-.)^,- t,; ■-• ••••• ''.'.'.. " . . . . . • . • • • . . . • .• . ' . . . . . , • . • • • . . . • . . . . . .. • • . . . . . . . , . . . . , . . . . . . . • . . . . . . , . • • • : . . ... . , . • . . • . • . . • • • . . :, • • - . • . • . • . • . • . • ' : - , : • . : - • , • 0.M. CORNER 7 x C ' I RICNAROSON 0.1-C. 4211.. 3 2 05 GO ! e[61N Ce R0.760 Iy \ • M. CO. RD. 865 SOUTH LIN GEORGE RICHAROSON O.L.C. 38 111 $ • � _ ;.,, ,.0 3% /ZrG1iil rzvi ✓ /r_!�"'/ s.. o��/� r''a ��" °i.,'E o%% ^ ��ii /' %U� p,: " "N / /ii n".•)// %. a .?'///,�:i /� %q:� , , ,,, ,,,, , ,, ;;V , "4" > e >. �7 /lV Y��! ,r r,. r, .., . .ti . ;�: /y. �j,. -53,,, .. .. %:% . G °i /% /u�'c: /rte /�i �!y ,. F 2.3 CA 11d' vi_ �.•. . ,� 87.44642 y l In ' 280.8e 451.66 N69 34.0. 96 1 110.0 40 239Cn. I 2A9Cn. 2.39Cn. 40 10 yl I , ' m 1 I 2101 • 1500 2100 1503 1301 1 200 100 11 2.6/ Ac. .43Ae. •22 Ae. s 3.50 Ac. 1 47Ae. o .52.4c. • 70Ae. o° • 2 I _ x (C.S.Na12070) M F p I � I Z d ~ • •1 a N 1501 + W i O 8 I 9 1 Lu Lu ./9 Ac $ 7 ' G A R D V L L r I 300 30 2 o a (CS d Ip351 ° - o (C.S Na 11,531) 1 1 1 9 a .29.4e. ° 1 sago 08.26 1502 Q I ± e 8 - Wm e.22Ae. 1 (C. S. Na 11789 ) 1 1 9.S6CN. • n ,! n w e (CS NQ 11 103) - - - - 4- - - - - 0 137.74 ° WAS 90 400 ` S m 137.39 -"LW! = - - - - y .75Ac. • 1600 0 4 ° ■ 474c. 0 13 = o k $ 6 It 1700 1 ,: e w ,42Aa SE ° • i T r J � � J s xc6. 2: MAP n _ _ _ • I IOA - Too 500 - - - - - - - 266.68 137.39 167.39 1300 /. /3Ac. 0 396.4 624c 0 2000 Ne! °se6 u >` o ; O I.42Ac. In 14 a w 0 s221•o4'r 18.97 / ,qr 267.47 4 ?F loo 9 .56CN. 8e9• 9'+ 250.43 504 43+ , 5e9 °33'8 315.15 277.7 1200 600 • 1900 .94Ac. M .94Ae. ° O ' YO 1.32Ae. 1800 0 p 1 �j I �'n / .42Ae. I SO . ,; fl R °- et -- 14. I- e /,4/ V AStcR. � z • n N09 A T 8 ° x0.70 • "' 0 /0'.1 • Z. ° 9 4 Ae 800 700 F4 108.70 2134.70 m ( 3SAe. 344c. 1000 1 900 (Qp ii 6.9.39'8 270.3 •i .72Ae. I . •.46Ae 1 Q 0 ,,. 113' -7`..'� 97.2' -y. $ - 4.0 ° (f� 1495 N-.$ /.a , AI WI 28470 f " rn • • Pre tem r e e P M T W S T F S 1 2 3 4 6 5 1 7 8 9 10 11 12 13 14 17 18 19 20 4 15 16 7 8 9 21 22 23 24 25 26 27 28 29 30 8:00 8:30 9:00 ...................................................................................................................... ............................... ...................................................................................................................... ............................... y 9:30 10:00 10:30 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 9:26AM Wednesday, September 17, 1997 • °11J d( s 70.g - ee ‘ _01 - 0 9cz CITY OF TIGARD PRE - APPLICATION CONFERENCE CHECKLIST 1. Applications should be received preferably, a minimum of ene week prior to scheduling on the Pre -App calendar (with exceptions, as approved by Mark Roberts, Will D'Andrea or Julia Hujdak). 2. The application is usually a plan (2, copies) and should contain the following information: A. Name, address, and telephone number of the applicant and agent if applicable. ?, ie . . D Ti eS / `mac ®. ,? d'x / 92- , CJJ 9 ?0.25 ✓ B. Site plan showing the proposed lot and /or building layout, drawn to scale. The location of the property in relation to the nearest street(s), location(s) of driveway(s) on the property and across the ' street are helpful in providing a more accurate assessment of issues. ✓ C. The proposed use(s). i2 s 01' - /7/ T■' / D. Tax Map(s) and Lot Number(s). 2 S 1/ / $ d / ?O 0 E. Current owner of the property, if not the applicant. /-R,e e /1" U F. Topographic information with contour lines if possible. NOTE: If the above criteria is addressed, then a pre - application conference can be scheduled within 1 - 2 weeks on a Tuesday or Thursday morning, between the hours of 9:00 - 11:00, on a first come, first served basis. EFFECTIVE 7/1/96: $240.00 PRE - APPLICATION CONFERENCE FEE I:PREAPP.DOC (DST) 6/97 i .- 2 0119'0�0' i20.12. - S 01'19'00' W -- 'TS 4 j{$T1 i11FgL 7 ' _� \-- op \_„y.—.J.• :. • \ \ t .—.... %,120.90 • \ _., G 1 \ o wo,1'F \ \ \ , 1 z\R 4SFUEN' '\ \ \ ' •.` ' ` t s ,__=t • \ \ m 2 2 \ \ "r 2 \" 2 \ T . :,,..\, \ \ `, \' , \ I \tip \ _ �. , `. '\ \ \I ., \ \\ \ , \ \ `\ \• a \\ a \ 1 \ \ \ \ 4 . \ \ 1 + 1 V $ 2 \ \ \ , ■ g \ ` i , \ \ \ \ 1 a,r ,uao \z IV I \ \ '\ :' - \ \ 2\ \ \ ' \ vs,3, ,\ \ . . \ 1 `, 1 \ , 1 w A, , 1 \ % . \ . \` \ o \ ` \ \ \ \ \ 1 \ e 1 1 1 , \ , \ ` ' \ \ \ \ , / 2 o \ \\ ' \ 2 ` ` \ \ . 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' , \ , j + 1 I� ° r . ” . ,--= + Ex ; �G 15, V y.. - N • . O O Z • CITY OF TIGARD PLANNING DIVISION A -qv r '' CITY of TIGARD '_ 1 IIIii OEOORA I N F O R MA TI ON aVBTE N PARK s 1 r � VICINITY MAP � , a 1111,,,. HILL VIEW ST = • BRIE WOODS SUBDIVISION uII_ z U90009 o CUP 91 -0001 � � 7 �, D 1 VAR 91 91 - 00 A VAR 21 ' 401' /II 111111: I p ; s k 4" Alli sir JI ARCEL ->» D I � m hr 1, P I VIP N TF 11111111111E "R I 1 • •, 4 Ni INF7 ST 1 N nnn i 0 100 200 '= 300 400 500 Feet lli :, ■ : : : ■ _I ■ � ■ 1388 feel OM Q I 1-1: PEMRR70K S" MI imi C A= _:, "„ 11 I City of Tigard No ED ®Q I nformation an thla map la for general beatbn ony and MURDOnK ST ahoua be verlfled win, the W Hall Blvd Servkea Dlvlsbn. ,I- f r 1 R ST 13125 SW Hall Blvd I - -, Tigard, OR 97223 - Ill (503) 639.4171 W http•lfwww.ci.tlgard.ar.us Community Development Plot date: Jan 5, 1998; c: \magic \magicdd.apr • REQUEST FOR COMMENTS CI OF I Community Development Shaping ABetter Community DATE January 6,1998 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea, Associate Planner (x3151 Phone: MOM 6394171 Fax WOW 6841291 RE SUBDIVISION (SUBI 91- 0009 /C0ND1E0NAL USE PERMIT (CUPI 91- 0001/VARIANCE MAW 91- 0019/VARIANCE MUD 91 -0021 > BRIE WOODS SUBDIVISION < A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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. APPPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicanrs 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 - JANUARY 16, 1998). You may use the space provided below or attach a separate letter to return your comments. If you are unable t0 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 provufe the fodowing information) Name of Fermis] Commenting: I Phone Numberlsl: SUB 97 -0009 /CUP 97-0007NAR 97- 0019NAR 97 -0021 BRIE WOODS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS • REQUEST FOR COMMENTS 1 NOTIFICATION LIST FOR LAND USE 8 DEVELOPMENT APPLICATIONS cRAroa (VIII [sl w! ` CmZEIIINNOLVLMENTTEAMS TENS P lacetorret o ewiub,aryeIeootasl : 1 ` FILE NOISI: 5 U c1"1-0. FILE NAMEISI: 1 \ WOOS CITY OFFICES " ' ' . . „ - _ ADVANCED PLANNING/Nadine Smith, Planning supervisor_ COMMUNITY DVLPMNT. DEPT. /D..0mm. Svcs. Technicians I-OLICE DEPT. /Jim Wolf, Crime Prevention Officer - BUILDING DIV. /David Scott, Building Official i - NGINEERING DEPT. /Brian Rager, Dvlpmm. Review Engineer 4-111IATER DEPT. /Michael Miller, Operations Mana _ CITY ADMINISTRATION /Cathy Wheatley, cn Rec «der OPERATIONS DEPT. /John Roy, Property Manager — OTHER SPECIAL DISTRICTS . . _ TUALATIN VALLEY FIRE & RESCUE — TUALATIN VALLEY WATER DISTRICT L.47NIFIED SEWERAGE AGENCY Fire Marshall Administrative Office Julia Huffman/SWM Program Washington County Fire District PO Box 745 155 N. First Street (place In pick -up box) Beaverton, OR 97075 Hillsboro, OR 97124 . "" " ' '' LOCALAND STATE JURISDICTIONS: CITY OF BEAVERTON _ CITY OF TUALATIN _ OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS PO Box 4755 Planning Director 2501 SW First Avenue 775 Summer Street, NE Beaverton, OR 97076 PO Box 369 PO Box 59 Salem, OR 97310 -1337 Tualatin, OR 97062 Portland, OR 97207 _ Larry Conrad, Senior Planner _ OR. PUB. UTILITIES COMM. _ Mike Matteucci, Neighbrhd. Coord. METRO _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street, NE 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310 -1380 _ CITY OF DURHAM Portland, OR 97232 -2736 Portland, OR 97232 City Manager US ARMY CORPS. OF ENG. PO Box 23483 _ Paulette Allen, Growth Management Coordinator _ OR. DEPT. OF LAND CONSERV.& DVLP _ 333 SW First Avenue Durham, OR 97281 -3483 _ Mel Huie, Greenspaces Coordinator (CPA'eiZOA's) 1175 Court Street, NE PO Box 2946 Salem, OR 97310 -0590 Portland, OR 97208 -2946 _ CITY OF KING CITY _ METRO AREA BOUNDARY COMMISSION City Manager 800 NE Oregon Street _ OREGON DEPT. OF TRANS. (ODOT) WASHINGTON COUNTY 15300 SW 116th Avenue Building #16, Suite 540 Aeronautics Division Dept. of Land Use & Trans. King City, OR 97224 Portland, OR 97232 -2109 Attn: Tom Highland, Planning 155 N. First Avenue 3040 25th Street, SE Suite 350, MS 13 _ CITY OF LAKE OSWEGO _ OR. DEPT. OF ENERGY Salem, OR 97310 Hillsboro, OR 97124 Planning Director Bonneville Power Administration PO Box 369 PO Box 3621 _ ODOT, REGION 1 _ Brent Curtis (cPA'a) Lake Oswego, OR 97034 Routing TTRC - Attn: Renae Ferrera Sonya Kazen, Dvipmt. Rev. Coord. _ Scott King (CPA's) Portland, OR 97208 -3621 123 NW Flanders _ Mike Borreson (Engineer) _ CITY OF PORTLAND Portland, OR 97209 -4037 _ Jim Tice (IGA's) David Knowles, Planning Bureau Dir. _ OREGON, DEPT. OF ENVIRON. QUALITY _ Tom Harry (Current PI. Apps.) Portland Building 106, Rm. 1002 811 SW Sixth Avenue _ ODOT, REGION 1 - DISTRICT 2A _ Phil Healy (current PI. Apps.) 1120 SW Fifth Avenue Portland, OR 97204 Jane Estes, Perm Specialist Portland, OR 97204 PO Box 25412 Portland, OR 97298 -0412 X' . : ,,'. k, " ' RIMY PROVIDERS AND SPECIAL 'AGENCIES 2 _ BURLINGTON NORTHERN/ SANTA FE R/R _ METRO AREA COMMUNICATIONS RTLAND GENERAL ELECTRIC — TCI CABLEVISION OF OR. Reed Fay, Division Superintendent Jason Hewitt Brian Moore,Svc.Design Consultant Linda Peterson 1313 W. 11th Street Twin Oaks Technology Center 9480 SW Boeckman Road 3500 SW Bond Street Vancouver, WA 98660 -3000 1815 NW 169th Place, S -6020 Wilsonville, OR 97070 Portland, OR 97201 Beaverton, OR 97006 -4886 _ COLUMBIA CABLE COMPANY _ PORTLAND WESTERN R/R _ TRI -MET TRANSIT DVLPMT. Craig Eyestone Zfic NATURAL GAS COMPANY Steve Myhr, Region Manager Michael Kiser, Project Planner 14200 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street Beaverton, OR 97005 220 NW Second Avenue 999 Third Avenue, Suite 2120 Portland, OR 97232 Portland, OR 97209 -3991 Seattle, WA 98104 -4037 # GENERAL TELEPHONE Paul Koft, Engineering OREGON ELECTRIC R/R _ SOUTHERN PACIFIC TRANS. CO. R/R _ US WEST COMMUNICATION MC: 0R030546 ( BURL /NcroNNORTHERN/S4NTA aR/RPREDASSOR) Clifford C. Cabe, Construction Engineer Pete Nelson Tigard, OR 97281 -3416 Reed Fay, Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street 1313 W. 11th Street Portland, OR 97232 Portland, OR 97204 Vancouver, WA 98660 -3000 h:\pattyknasterskfcnotice.mst 17- Dec -97 `JW Z I CITY of TIGARD �� v GEOGRAPHIC INFORMATION SYSTEM / °' m AREA NOTIFIED 11111 > I 44. I irr 1— SUB 97 -0009 U s A:. ' :; 2S111BB00' . ; ; ) °:. r-------- .... • .„,":„.,‘„,..,?,...„,,,, ;a;,., 4`,"--11 I ,, I I 1 28110AA0000 . .. , . a } ,. � BBO'1 � 00' 0021 'I .. f"-,.., ,,,,, `2$1118802000} _j , .; • stt0AA00A0' ; y p: a ::. ',�'. :.' ; SUBJEC� ry : 2 S1 11BB 01200 ' ; " '- 2S111BB01900 2St11BB0180p� ' : ' , `2S111B8010�;' BB011 0 "' B13 10 ` m 10110/11101500:' ,F ,1I F I 00 :,'0 ,, �I., o N I'i l li 0 100 200 300 Feet " ,'= 243 feet L : A4 11 .-------'> =__ -' ] C i ty of Tigard Information on this map Is for general location only and should be verified with the Development Services DMsbn. 13125 SW Hap Blvd I I I 1 1 - 1 I Tigard, 39 97223 I 1 (503) 93917, http://vmv.cl.figard.or.us Community Development Plot date: Jan 5, 1998; c: \magic \magicdd.apr ADDENDUM TO FINDINGS T.P.B. Properties - Howard Quandt 5 -Lot Subdivision - Brie Woods (103 Ave.) City of Tigard File (SUB) 97 -0009 The written findings submitted on December 10, 1997 include incorrect findings for Code Section 18.150 - Tree Removal. This document is to replace that information as part of the record. There are 55 trees on site that have a diameter of 12 inches or greater. Of those 55 trees, only 13 are slated for removal as part of the subdivision approval. The lots and trees are effectively arranged to allow most of the trees to be preserved throughout the construction process. Only 23.6% of the 12 inch diameter trees will be removed. The remaining trees will be protected by flagging and barrier fences during the construction process. 105111addendum.doc SECOND ADDENDUM TO FINDINGS Regarding 12/11/97 Incomplete Letter T.P.B. Properties - Howard Quandt 5 -Lot Subdivision - Brie Woods (103` Ave.) City of Tigard File (SUB) 97 -0009 12/18/97 1. A future street plan in accordance with Section 18.164.030 of the Tigard Community Development Code is being submitted with this document. There are no bus routes or bicycle lanes within 500 feet of the proposed project so none are shown on the plan. A narrative discussing why a public street stub should not be provided to extend to SW Canterbury Lane was provided in the second set of findings submitted on December 11, 1997. An additional reason for not providing a stub to the west is that along with the high density development that may occur to the west comes more traffic. That amount of traffic could create problems for any 103` intersection at the bottom of the hill. Only traffic from the proposed development can access the private driveway proposed and maintain safe driving conditions. 2. Shown on the revised preliminary plat submitted December 11, 1997 are the trees proposed for removal. The owner understands that no additional trees can be removed because of the deed restrictions that will be placed on the lots. 3. Based on the Comprehensive Plan Low Density designation, it is understood that the City would not support five duplex units but would be supportive of one. The applicant's choice of lots for duplex approval according to the Preliminary Plat submitted December 11, 1997 is Lot 1. Lot 1 is in the northwest corner of the proposed development. 105111 addendum2.doc December 11, 1997 CD Do - 7� ' Matthew L. Sprague 'I D C Waker Associates, Inc. 12 99/ CITY OF TIGARD 11080 SW Allen Boulevard, Suite 100 Beaverton, OR 97005 OREGON Re: Notice of Incomplete Application Submittal Dear Mr. Sprague: The Planning Division has conducted a preliminary review of Subdivision (SUB) 97 -0009, an application for a five (5) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing this application pending submission of the following items and plan notes: 1. Future street plan in accordance with Section 18.164.030 of the Tigard Community Development Code. Include a narrative discussing why a public street stub should or could not be provided to extend to SW Canterbury Lane. The future street plan submitted does not reflect the reality of existing development. The future plan shall consider existing topography, size of adjacent parcels and minimum lot sizes. 2. Tree inventory/removal plan. Builders on individual lots will not be allowed to remove additional trees as per the deed restrictions required in Section 18.150.045.B. 3. The Comprehensive Plan Low Density plan designation allows net densities to range between 1 -5 units per acre. Given the fact that the property is slightly over an acre, the maximum units allowed would be approximately six (6) units. It appears that only one (1) of the proposed lots could accommodate a duplex unit. die pplicant should clarify which of the proposed lots might be utilized for a duplex unit. If you have any questions concerning this information, please feel free to contact me at (503) 639 -4171. Sincerely, William D'Andrea, Associate Planner, AICP is \c u rp I n \wi l l\s u b 97 -09. I t2 c: SUB 97 -0009 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 November, 1997 Revised December, 1997 Application and Findings for 1. 5 Lot Subdivision 2. Conditional Use Approval for Duplex Lots 3. Variance for Hammerhead Length 4. Variance for Access Width for T.P.B. PROPERTIES I. General Information • Applicant and Owner: T.P.B. Properties Howard Quandt PO Box 1775 Beaverton, OR 97075 Phone: (503) 646 -5006 Fax: (503) 626 -3547 Applicant's Representative: Matthew L. Sprague Waker Associates, Inc. 11080 SW Allen Blvd., Suite 100 Beaverton, OR 97005 Phone: (503) 643 -9410 Fax: (503) 643 -0625 Location: 14225 SW 103` Ave. Tigard, OR The site is on the west side of 103r Ave., south of McDonald St. Legal Description: Map 2S1 11BB Tax Lot 1900 Neighborhood: South CIT Zoning: R -3.5: Residential, 10,000 sq.ft. Minimum Lot Size: Land Use Reviews: Subdivision Conditional use for Duplexes Variance for Hammerhead Length Variance for Access Width Wr W '` R PLANNING 6ISNEEAZ Y NO ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 fmdings.doc Page 1 of 9 Proposal: The application request has been developed and is being submitted for Preliminary Plat approval. The intent is to develop land inside the Urban Growth Boundary into a single family subdivision containing 5 lots. Lot sizes average 11,040 square feet but range from 10,018 to 12,154 square feet. A conditional use permit is being requested to allow for duplex units to be built if the owner desires. The proposed street for the project will be a private street that connects to SW 103rd Ave. A hardship exists that will require a variance for the street length exceeding 400 feet to the hammerhead turnaround. Another hardship requires a variance for access width to be reduced to 20 feet. It is proposed at this time that the paving width will remain at 20 feet. Site and Vicinity: The subject 1.52 acre parcel is bordered on the east by SW 103" Avenue midway between SW McDonald Street and SW View Terrace. The parcels access to SW 103rd Avenue consists of a flag 20 feet in width. The flag at the access point is 38 +1- feet wide providing for safe ingress and egress. The flag lot consists of an overgrown hazelnut orchard and slopes downhill moderately from south to north. There are no existing structures on the property. There are no flood plains, drainage hazard areas or significant natural resources on site. Property across SW 103rd Avenue from the access point contains single family residential development. South of the flag and along the main east property line there is a medium sized vegetated tax lot containing a single residence. South of the property there is a single family residential development consisting of 10,000+ square foot lots. To the west, development consists of a multi - family apartment complex. The north property line is adjacent to a medium sized tax lot containing a single residence, and north of that is another multi - family apartment complex. The overall area has a variety of uses in a small location. Approval of duplex lots would provide for a logical transition of uses from multi - family to single family uses. Project Description: Brie Woods is a residential subdivision development proposal that uses developable land within the Urban Growth Boundary currently owned by T.P.B Properties. The project consists of 1.52 acres located within the City of Tigard. The proposal is to develop 5 duplex lots averaging 11,040 square feet and a water quality facility to serve them. Access to the subdivision is a private street from SW 103rd Avenue. The private street within the subdivision will consist of a 20 foot paved strip through the existing flag and will end with a hammerhead turnaround meeting the standards of the Tualatin Valley Fire District. Additional width has been added to the paving strip near the Water Quality Facility to accommodate maintenance vehicles. wAICE R PL (I c °L SRVY=NQ ASSOCIATES, INC- 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 fmdings.doc Page 2 of 9 Applicant's Narrative This applicant's narrative addresses the applicable approval criteria for a five lot duplex subdivision within the City of Tigard Development Code. The applicable criteria were determined by a pre-application conference and further research by Waker Associates, Inc. Code Section 18.48 - Zoning District Dimensional Requirements A. Dimensional requirements for R -3.5 District: 1. The minimum lot area shall not be less than 10,000 square feet. The proposed duplex lots range from 10,018 to 12,154 square feet in size. 2. The average minimum lot width shall not be less than 65 feet. All proposed lots are greater than 65 feet in width. 3. The average minimum lot width for duplexes shall be not less than 90 feet. All proposed lot widths are 90 feet or greater. 4. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are... It will be the responsibility of the builder or owner to meet the setback requirements when buildings are constructed 5. Except as otherwise provided in Chapter 18.98, no building in an R -3.5 zoning district shall exceed 30 feet in height. It will be the responsibility of the builder or owner to meet height criteria when buildings are constructed. Code Section 18.164.060 - Additional Lot Dimensional Requirements A. Size and Shape: 1. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated. The size, width, shape and orientation are appropriate for the location of the development and for the duplex use contemplated a. No lot shall be dimensioned to contain part of an existing or proposed public right -of -way. None of the proposed lots contain part of an existing or proposed public right -of -way. b. The depth of all lots shall not exceed 21/2 time the average width, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. All of the proposed lots are within the limits of this criteria, as shown on the preliminary plat. WAKER PI.ANNINEXcn V ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 findings.doc Page 3 of 9 c. Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off - street parking and service facilities required by the type of use proposed. The property is not zoned for commercial or industrial purposes. B. Lot Frontage: 1. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050 (C) applies, or unless the lot is for an attached single - family dwelling unit, in which case the lot frontage shall be at least 15 feet. All proposed lots have at least 25 feet of street frontage. C. Through Lots: 1. Through lots shall be avoided... No through lots are proposed for this project, therefore this item does not apply. D. Lot Side Lines: 1. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. The proposed lots are on a hammerhead turnaround Lot side lines proposed are as close to right angles as is practicable while maintaining the required lot dimensions. E. Large Lots: All lots proposed are near the minimum size requirements for this zone, with no further division foreseen. Subdivision Plat Name Reservation The Plat name of "Brie Woods" has been reserved by Waker Associates Inc. and approved by the Washington County Surveyor 's Office. Code Section 18.92 - Residential Density Calculation Total Area 1.52 acres Right of Way Area .27 acres (Includes Private Drive & Dedication) Net Area 1.25 acres Net Area in Sq.Ft. 54,450 sq. ft. R -3.5 Minimum Lot Area 10,000 sq. ft. Total Units 5.44 units Units Per Acre 3.58 /acre V V SLR PLANNINC3 VVEYINQ ASSOCIATES, INC 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 findings.doc Page 4 of 9 Code Section 18.164.030 - Future Street Plan and Extension of Streets , A. Improvements: 1. No development shall occur unless the development has frontage or approved access to a public street: a. Streets within a development and streets adjacent shall be improved in accordance with this title; This project's only frontage is on SW 103r Ave. A private street is planned to provide access to the proposed subdivision b. Any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with this code; and Improvements on the existing SW 103rd Avenue include a S foot dedication, paving out to 16 feet, curb, sidewalk, driveway drop for the private drive and storm drainage. c. The Director may accept a future improvement guarantee in lieu of street improvements if one or more of the following conditions exist: No future improvement guarantee in lieu of street improvements is planned at this time. Item c. does not apply. Providing a stub to the west for a future street from this subdivision is not feasible due to the inability to achieve proper design standards and may create a potential safety hazard to future motorists. According to the City of Tigard's Transportation plan, there are no through streets shown between Canterbury and SW 103r Ave. and a through street is not essential for general traffic circulation. The general area is surrounded by collector streets and an arterial that currently provide good circulation for the area. This subdivision has only 20' of right -of -way to connect the proposed private drive to SW 103rd making it impossible to construct a full or partial public roadway and still maintain 20 feet of paving. In addition, the SW View Terrace development to the south of this subdivision was not required to provide a stub out for future development, which due to intersection safety would have been the best choice for a connection. Lastly, the City of Tigard has vacated 30' of right -of -way starting at the intersection of SW 109 and SW Canterbury Lane which could have made connection to SW 103 proceeding directly east. By allowing this vacation of right of way it is apparent that a through street from SW 103rd to Canterbury is not of great importance to general circulation. Residential Development Solar Access Requirements (Code Section 18.88) All subdivision and minor partitions are subject to solar access requirements. Lots 1 -3 and 5 have north -south dimensions greater than 90 feet. Lot 4 is oriented within 30 degrees of a true east -west axis. All of the proposed lots in this development meet the solar access standards. �� VV .E R PLANMNO 61 SUR R VEYINO ASSO CIATES, INC. 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111findings.doc Page 5 of 9 • Code Section 18.106.030 - Minimum Off-Street Parking Requirements A. Residential Uses 1. Single - family residences (attached or detached) - 2 off - street spaces for each dwelling unit. All residences will have 2 off - street parking spaces. Code Section 18.102 - Clear Vision Area The City requires that clear vision areas be maintained between three and eight feet in height at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. The proposed project meets the clear vision area criteria at this time. Code Sections 18.100, 18.106 and 18.108 - Street Trees Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right -of -way or on private property within six feet of the right -of -way boundary. Street trees must have a minimum caliper of at least two inches when measures four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Because the length of the private street exceeds 100 feet, street trees will be required There is a limited amount of width through the flag. The street trees that will be planted along the flag will be calculated and planted along the private street where adequate room exists within the subdivision. Potential street tree locations have been shown on the preliminary plat. Code Section 18.150 - Tree Removal There are 53 trees on site that have a diameter of 12 inches or greater. Of those 53 trees, only 6 are slated for removal as part of this subdivision approval. Individual owners or builders may request the removal of additional trees depending on where structures are to be built on the lots. The lots and trees are effectively arranged to allow the preservation throughout the building of the residences. The trees to be removed make up only 11% of the trees greater than 12 inches in diameter and are circled on the preliminary plat. Narrative The applicant shall submit a narrative which provides findings for all applicable approval standards. Criteria in Sections 18.88, 18.92, 18.100, 18.102, 18.106, 18.150, 18.160, 18.164, among others, are addressed in this narrative. TZ IL . SURVE N6 ASSOCIATES, INC- 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 findings.doc Page 6 of 9 Code Section 18.160.060 - Approval Criteria for a Subdivision Preliminary Plat A. The Hearings Officer may approve, approve with conditions or deny a preliminary plat based on the following approval criteria. 1. The proposed preliminary plat complies with the City's This proposal is in compliance with the comprehensive plan. The lot sizes are 10,000 square feet thus creating a low density neighborhood. A conditional use permit is being applied for at this time in case an individual builder wishes to construct a duplex within the subdivision. 2. The proposed plat name is not duplicative... The plat name "Brie Woods" has been approved by the Washington County Survey Department. 3. Streets and roads are laid out so as to conform to the plats... No adjoining partitions have been approved This item does not apply. 4. An explanation has been provided for all common improvements... All common improvements have been explained within this document. Code Section 18.160.120 - Criteria for Granting a Variance - Street Length A. The hearings Officer shall consider the application for variance at the same meeting at which it considers the preliminary plat. B. A variance may be approved, approved with conditions, or denied provided the Hearings Officer finds: 1. 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 special circumstance existing on this project consists of a long flag serving as access to the main body of the parcel. Due to the length of the flag, the proposed private street length exceeds 400 feet. 2. The variance is necessary for the proper design or function of the subdivision; The variance is necessary for the street to be extended to the main body of the property because the flag and accompanying hammerhead turnaround require a length beyond 400 feet. 3. 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; This requested variance for street length on a hammerhead turnaround is not detrimental to the community or rights of other owners of property. It is simply a request to exceed the normal length for a hammerhead street due to the length of the existing flag for the subject parcel. WAKE R PI ANNRZ,KlIz r ns t7 VO ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 findings.doc Page 7 of 9 • 4. 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. (Ord. 90- 41; Ord. 89 -06; Ord. 83 -52) The variance is necessary to allow the property to be developed to its potential while also maintaining the City's Standards to the greatest extent possible. The property was purchased as an existing lot with a long flag. Code Section 18.160.120 - Criteria for Granting a Variance - Access Width A. The hearings Officer shall consider the application for variance at the same meeting at which it considers the preliminary plat. B. A variance may be approved, approved with conditions, or denied provided the Hearings Officer finds: 1. 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 special circumstance existing on this project consists of a long, 20 foot wide flag serving as access to the main body of the parcel. Due to the width of the existing flag, the proposed private street right -of -way is confined to 20 feet. Neighbors have been approached in an effort to increase the flag width and size of the development, but no agreements were reached. 2. The variance is necessary for the proper design or function of the subdivision; This street design is the maximum that can be done for improving the private street within the constraints of the existing conditions of the parcel. 3. 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; This requested variance for a decrease in right -of -way width on a private drive within the flag is not detrimental to the community or rights of other owners of property. It is simply a request to decrease the normal width for the right -of -way due to the width of the existing flag for the subject parcel. All of the necessary utilities extending through the flag can be accommodated within the 20 feet. 4. 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. (Ord. 90- 41; Ord. 89 -06; Ord. 83 -52) _ The variance is necessary to allow the property to be developed to its potential while also maintaining the City's Standards to the greatest extent possible. The property was purchased as an existing lot with a narrow, 20 foot flag. NigrA PYIL AN NI NG I Y NQ A SSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 fmdings.doc Page 8 of 9 Neighborhood Meeting 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. Property owners within 250 feet and the appropriate CIT Facilitator were notified of the proposal and invited to attend a meeting held on 11/13/97 at Tigard City Hall. Within this submittal package is the attendance list and meeting notes for review by the City. Building Permits Plans for building and other related permits will not be accepted for review until a land use approval has been issued. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. This application pertains to land use, conditional use and variance approvals only. WAKE R P 6IN TR N6 ASSO CIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 findings.doc Page 9 of 9 7 - ADDENDUM TO FINDINGS T.P.B. Properties - Howard Quandt 5 -Lot Subdivision - Brie Woods (103` Ave.) City of Tigard File (SUB) 97 -0009 The written findings submitted on December 10, 1997 include incorrect findings for Code Section 18.150 - Tree Removal. This document is to replace that information as part of the record. There are 55 trees on site that have a diameter of 12 inches or greater. Of those 55 trees, only 13 are slated for removal as part of the subdivision approval. The lots and trees are effectively arranged to allow most of the trees to be preserved throughout the construction process. Only 23.6% of the 12 inch diameter trees will be removed. The remaining trees will be protected by flagging and barrier fences during the construction process. 105111addendum.doc IMPACT STUDY Brie Woods (103` Ave.) I have reviewed the Howard Quandt proposed partition and development (Brie Woods), and it is my professional opinion that the proposed public and private improvements will not negatively impact the existing public facilities or services. The following areas were considered in making my decision: Transportation: According to Mike Mills with the City of Tigard, the average daily traffic is 710 northbound and 714 southbound along SW 103` The increase in volume of traffic would be approximately 3.5 %, not negatively impacting SW 103` Storm: From the as -built information reviewed, off -site improvements may be necessary down stream. In addition, detention may be necessary for the proposed development. Water Quality will be necessary and it is planned to treat the existing home to the southeast to obtain credit for treatment of Lot 1. Sanitary: Due to the connection invert elevation point on the existing SW 103` sanitary line, our recommendation would be to have Lot 1 construct a daylight basement and set a finish floor elevation for sanitary services. Water: According to the as -built reviewed, the existing 12" water line along the western boundary line would supply the partition development with no negative impacts to the existing water system. Fire: The proposed private road design accommodates for the turn- around requirements for the Tualatin Valley Fire & Rescue (TVFR). In addition, a fire hydrant will be installed for the required fire protection. In conclusion, it is my Professional Engineering opinion that the proposed development will not negatively impact the public facilities and services. A. Jame Luthy, P.E. Cf , ..... s. " -- ,....,5 4 " --- 105111impactdoc SECOND ADDENDUM TO FINDINGS Regarding 12/11/97 Incomplete Letter T.P.B. Properties - Howard Quandt 5 -Lot Subdivision - Brie Woods (103 Ave.) City of Tigard File (SUB) 97 -0009 12/18/97 1. A future street plan in accordance with Section 18.164.030 of the Tigard Community Development Code is being submitted with this document. There are no bus routes or bicycle lanes within 500 feet of the proposed project so none are shown on the plan. A narrative discussing why a public street stub should not be provided to extend to SW Canterbury Lane was provided in the second set of findings submitted on December 11, 1997. An additional reason for not providing a stub to the west is that along with the high density development that may occur to the west comes more traffic. That amount of traffic could create problems for any 103 intersection at the bottom of the hill. Only traffic from the proposed development can access the private driveway proposed and maintain safe driving conditions. 2. Shown on the revised preliminary plat submitted December 11, 1997 are the trees proposed for removal. The owner understands that no additional trees can be removed because of the deed restrictions that will be placed on the lots. 3. Based on the Comprehensive Plan Low Density designation, it is understood that the City would not support five duplex units but would be supportive of one. The applicant's choice of lots for duplex approval according to the Preliminary Plat submitted December 11, 1997 is Lot 1. Lot 1 is in the northwest corner of the proposed development. 105111addendum2.doc December 11, 1997 R ECD D Matthew L. Sprague Eo � � CITY OF TIGARD Waker Associates, Inc. 1999 11080 SW Allen Boulevard, Suite 100 OREGON Beaverton, OR 97005 Re: Notice of Incomplete Application Submittal Dear Mr. Sprague: The Planning Division has conducted a preliminary review of Subdivision (SUB) 97 -0009, an application for a five (5) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing this application pending submission of the following items and plan notes: 1. Future street plan in accordance with Section 18.164.030 of the Tigard Community Development Code. Include a narrative discussing why a public street stub should or could not be provided to extend to SW Canterbury Lane. The future street plan submitted does not reflect the reality of existing development. The future plan shall consider existing topography, size of adjacent parcels and minimum lot sizes. 2. Tree inventory/removal plan. Builders on individual lots will not be allowed to remove additional trees as per the deed restrictions required in Section 18.150.045.B. 3. The Comprehensive Plan Low Density plan designation allows net densities to range between 1 -5 units per acre. Given the fact that the property is slightly over an acre, the maximum units allowed would be approximately six (6) units. It appears that only one (1) of the proposed lots could accommodate a duplex unit. e applicant should clarify which of the proposed lots might be utilized for a duplex unit. If you have any questions conceming this information, please feel free to contact me at (503) 639 -4171. Sincerely, ex-i-pU,41;LL William D'Andrea, Associate Planner, AICP is \cu rpin \will\sub97- 09.It2 c: SUB 97 -0009 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 L ADDENDUM TO FINDINGS T.P.B. Properties - Howard Quandt 5 -Lot Subdivision - Brie Woods (103` Ave.) City of Tigard File (SUB) 97 -0009 The written findings submitted on December 10, 1997 include incorrect findings for Code Section 18.150 - Tree Removal. This document is to replace that information as part of the record. There are 55 trees on site that have a diameter of 12 inches or greater. Of those 55 trees, only 13 are slated for removal as part of the subdivision approval. The lots and trees are effectively arranged to allow most of the trees to be preserved throughout the construction process. Only 23.6% of the 12 inch diameter trees will be removed. The remaining trees will be protected by flagging and barrier fences during the construction process. 105111addendum.doc IMPACT STUDY Brie Woods (103 Ave.) I have reviewed the Howard Quandt proposed partition and development (Brie Woods), and it is my professional opinion that the proposed public and private improvements will not negatively impact the existing public facilities or services. The following areas were considered in making my decision: Transportation: According to Mike Mills with the City of Tigard, the average daily traffic is 710 northbound and 714 southbound along SW 103` The increase in volume of traffic would be approximately 3.5 %, not negatively impacting SW 103` Storm: From the as -built information reviewed, off -site improvements may be necessary down stream. In addition, detention may be necessary for the proposed development. Water Quality will be necessary and it is planned to treat the existing home to the southeast to obtain credit for treatment of Lot 1. Sanitary: Due to the connection invert elevation point on the existing SW 103` sanitary line, our recommendation would be to have Lot 1 construct a daylight basement and set a finish floor elevation for sanitary services. Water: According to the as -built reviewed, the existing 12" water line along the western boundary line would supply the partition development with no negative impacts to the existing water system. Fire: The proposed private road design accommodates for the turn- around requirements for the Tualatin Valley Fire & Rescue (TVFR). In addition, a fire hydrant will be installed for the required fire protection. In conclusion, it is my Professional Engineering opinion that the proposed development will not negatively impact the public facilities and services. A. Jame Luthy, P.E. 10511 l impact.doc SW Corner Book 4 '2, Page JAI _ V / N �.' E 2 51 02 (N 89°38'54' E 253 02)R 1 � . • 15.01 ' _ 1 6150 8.00 P.V.E. \ - NT / , _ -,- 1500 WIDE W,4TERUNE i -- - -- -- 74-1-‘17. 1 S 83'5`_ W �_ y - ' / EASEMENT, 800K 436, PAGE 373 ' ----- _ \ 41, 07 '( il X .- - i / /39 ,gs42. ' - - - . - - \-- - 2.00 INGRESS, � �^ - tv 83"5 1 1 2, 889 S. F. EGRESS EASEMENT/ 4 G � l G1 '---. '� �b S ,0.81 14 W / Y / a � � / / / 8.00 P u. E. Book 306, / / Q ! it N 51 w / / / 5 58°20'1.3" W � i 10.00 / / 10.00 ` I t' v) o oi N 1 / Aa4� 76 N 31 W / V bv 5 N ' .. « ', A =9 6s \ \ P 1 i,. \) 10, 0 79 S. F. ,• N N• / N 31 °39'47" w ��\ n S 31 °3 E N \ N • / 16.09 \ r1 i , ' 27.94 i \ 7 p j \ " S 31 19.247 E • Z3 N • (n I b 2 Tc SI 0 15.00 1 S 88'22'2 2' E �;, 68.86 0 LO N N 87'38'00" E • c W • W b, � O � � * h �, �c ^ 4-(r ar r. 2 to k ; 10,720 S.F. 10,017 S.F. 10,017 S.F. 1500 r .___— West /one of Lot 2 INITIAL PO /NT i "TIGARDVILLE HEIGHTS" ' 1 69.48 „ i 102.18 '' 56.3 _1.5.01 1 93.00 1 - .5 /R" lk • • 6/29/20()1 Conditions •sociated with Case #: SUB•00009 1 5'3'53 PM • Cond. Stat. Changed Updated Code Title Hold Status Changed By Tag Updated By 0058 GEOTECH /GRADE SLOPE CONSTRCT Met 2/3/1999 BDR 12/6/2000 ST REQD 23. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 0059 SLOPE REQ'RMNTS /GRADE PLAN Met 2/3/1999 BDR 12/6/2000 ST 24. The design engineer shall indicate on the grading plan which lots will have natural slopes between 10% and 20 %, as well as, lots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and /or permits will be necessary when the lots develop. 0015 UTILITIES (EXISTNG) UNDERGRND /PAY Met 6/26/2001 KJP 6/26/2001 KJP 25. The applicant shall either place the existing overhead utility lines along SW 103rd Avenue underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $1,045 and it shall be paid prior to recording of the final plat. 0016 SITE /LANDSCAPE (REVISED) PLANS Met 6/29/2001 PLN 26. Revised site and landscape plans shall be submitted for review by the Planning Division. STAFF CONTACT: Will D'Andrea. The revised plans shall include the following: A) compliance with vision clearance criteria given the vegetation and grades along SW 103rd Avenue; B) the entire length of the flag pole on Lot 4 shall be a minimum of 25 feet; and C) a re- design of the street to provide a means to eliminate the hazardous drop off, the design shall continue to provide the minimum 20 -foot paved access width. 0001 DEED RESTRICTION/TREE PROTECTION Met - 6/29/2001 MAS 27. The applicant shall: A) record a deed restriction for those trees that are to be preserved; and B) submit an arborist report providing recommended tree protection measures. STAFF CONTACT: William D'Andrea, Planning Division. 0031 MYLAR P -PLAT REQD FOR BLDG PERMIT Not Met 12/6/2000 ST 28. Prior to issuance of building permits, the applicant shall provide the Engineering Department with one (1) recorded mylar copy of the subdivision plat. 0018 BLDG PERMIT REQR P -IMP COMPLETION Met 6/14/2001 BDR 6/14/2001 BDR 29. Prior to,issuance of any building permits within the subdivision, the public improvements shall be deemed substaintially 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 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. 0001 BLDG PERMIT REQR TREE PROTECTION Not Met 12/6/2000 ST 30. Prior to issuance of building permits, the applicant shall construct the recommended tree protection measures prior to commencement of construction. 0020 SITE IMP INSTALLED PER PLANS Not Met 12/6/2000 ST 31. All site improvements installed per the approved plans. Page 3 of 3 • RRoL t .ii4azang and eiatEs • azz an _Za12dscat E COIz u t&lJ c.S'EWi E MEMORANDUM TO: David Callaham / / 2/1/761 FROM: Robert Mazany, ASCA, ACFE Registered Consulting Arborist #133 DATE: June 25, 2001 RE: Brie Woods — Tigard, Oregon I have completed my tree condition and mitigation review of the proposed Brie Woods development in Tigard as requested. My observations during this site review are as follows: 1. The trees are in fair to poor condition. 2. The Douglas fir adjacent to the south property line have all been topped at some time in the past and have subsequently developed multiple leader crowns. There are also several interior trees that have been topped. 3. There are forty -four (44) trees within the project limits with diameters greater than twelve (12) inches. These include two (2) Oregon bigleaf maple, two (2) native cherry, one (1) cedar, one (1) white fir and thirty-eight (38) Douglas fir. These trees have a total diameter measurement of 749.0 inches. 4. The total diameter measurement of trees proposed to be removed is 230.3. The total diameter inches to be retained is 518.7. 5. The percentages for mitigation as required by the City of Tigard are as follows: Total diameters of trees over twelve inches — 749.0 Total diameters of trees to be retained — 518.7 = 69.3% Total diameters of trees to be removed — 230.3 = 30.7% I have included as part of this report a list of trees with diameters over twelve inches. These have been numbered on the site tree survey plan provided and identified in the field with chartreuse flagging. Preliminary tree protection and therapeutic care requirements are also included in the field note narrative. D. _Box 1305, EEaCTE'Lolz, (2E9o1z 97075 • (503) 646 -0 897 • David Callaham June 25, 2001 Page Two 1 trust this information will be sufficient for your needs at this time. Please contact me if additional information is required or when I may be of further assistance on this project. Attachments: Field Note Narrative Diameter Inch List Numbered Plan Invoice • • • Brie Woods — Tigard Field Note Narrative This field note narrative is submitted to supplement the tree condition and mitigation report for the proposed Brie Woods development. 1. There are 44 trees within the project limits with diameters greater than 12 inches. These have been identified in the field with chartreuse flagging and by number on the tree survey provided. 2. All trees are Douglas fir except for two maple — Trees 10 and 44, two cherry — Trees 32 and 35, one cedar — Tree 42 and one white fir — Tree 12. 3. The trees are generally in fair condition with the fir along the south property line, and several others, having been topped at some time in the past. I believe they can be retained but will require some corrective pruning as recommended. Therapeutic Care All trees to be retained will require pruning to ANSI A -300 Crown Cleaning/Thinning standards for deadwood removal one inch in diameter and larger. Pruning must also include correction of damage caused by previous topping. Interior thinning must not exceed twenty- percent live tissue (branch) removal. Additional pruning or other care may be recommended following a review of the site clearing and site improvement - staking phase of the project. Preliminary Tree Preservation/Protection Tree protection fence must be installed prior to the clearing phase of the project. The fence must be 4 -foot high visibility plastic attached to steel posts placed no further than 8 feet apart. The fence must be kept taut and remain in place throughout the duration of construction or any activity potentially injurious to trees designated to be retained. The location and installation of the fence must be approved by the Project Consulting Arborist. Any necessary intrusions into the tree protection area must be approved and directed by the Project Consulting Arborist. Additional tree preservation/protection may be required based on project monitoring by the Project Consulting Arborist. . • Brie Woods - Tigard Diameter Inch List 1- 15.1" - Remove 23 - 13.8" - Retain 2 - 17.0" - Remove 24 - 20.4" - Retain 3 - 15.3" - Retain 25 - 13.3" - Retain 4 - 14.0" - Retain 26 - 12.1" - Retain 5 - 17.1" - Retain 27'- 14.2" - Retain 6- 14.3" - Retain 28- 14.8" - Retain 7- 13.1" - Remove 29- 15.8" - Retain 8 - 15.4" - Remove 30 - 14.2" - Retain 9 - 14.3" - Retain 31- 9.7 " -9.9" - Retain 10 - 22.0" - Remove 32 - 13.4" @ 3' - Retain 11- 14.2" - Remove 33 - 16.3" @ 2' - Retain 12- 21.9 " - Remove 34- 13.7" - Retain 13 - 11.6 " - 12.7" - Remove 35 - 21.8" - Retain 14 - 12.2" - Retain 36 - 15.6" - Retain 15 - 19.0" - Retain 37 - 17.7" - Retain 16 - 24.5" - Retain 38 - 13.8" - Remove 17 - 17.2" - Retain 39 - 12.9" - Remove 18 - 16.0" - Retain 40 - 12.5" - Remove 19 - 15.8" - Retain 41- 23.1" - Retain 20 - 19.2" - Retain 42 - 12.3 " -5.7" - Retain 21 - 13.2" - Retain 437- 15.9" - Retain 22 - 12.9" - Retain 44 - 19" -14.7" -14.4" - Remove Total Diameter Inches - 749.0 Diameter Inches Retained - 518.7 = 69.3% Diameter Inches Removed - 230.3 = 30.7% Jul - 1O -01 02 : 31P Business Off ices 360 574 1593 5 72 C. \ �� FROM PAi: N0. : 503 646 0097 40 Jul. 09 2001 07: 4GAM P1 C V'� t' TJY1/ .ZYLI`'S: .iIVcztrrr/ uru l • 'ji .p/ MEMORANDUM TO: David Callaham FROM: Robert Mazany, ASCA, ACFE Registered Consulting Arbor st #133 fr i12/141.11 DATE: July 6.2001 RE: June 25, 2001 Memorandum Addendum -Erie woods-- Tigard,_Or gon This brief addendum is submittedto amend the mitigation submitted based on additional information received from your office. Action 1- Lot 4 - Retain trees 12 and 13 by modifying the foundation foot print location and spantingthe support -r this- greatest extent possible. This modification must be approved and directed by the Project Consulting Arbogast. This will allow for the retention of an additional 46.2diaincterinches: Action 4Mitgition Diameter Inches Retained.- 564.9 = 75.4% • Diameter inches Removed - •.184.I = 24 ;5%' Action 2 - Lot 1- Modify the retaining wall Layout to follow proposed contour lint 312. This will rrunimize the fill attain -close proximity to the critical root zone. The fill area to this point may require the installation of an aeration layerprior to the backfilling as recommended. by_ flsu1tiltg orlst,; Action 2 M 4R-( exercised} Diameter Inches.Retsifed_ -=_- .164:9 -+ 4871 = 613.0 = - 81.8% Diameter Inches Removed - 184. 1 - 48.1 136 - 1-8.2% It is my opinion Action 1 can be accomplished Action 2 may be possible if necessary grading can be accomptishedin4rnanner-which will minimi2e the fill impact I trust this addendum will..be- sufc- ient.for yours - please contact me if additional information is required L Sox 1 Cdr c 0 � 97075 • (,� > { l<<w•/ • • MEMORANDUM A/ti �rii�H� ��,� CITY OF TIGARD, OREGON TO: File FROM: Will D. DATE: February 10, 1998 SUBJECT: Mail Notice of Final Order to: Mel Propst, 14180 SW 103rd, Tigard, 97224 CITY OF TIGARD HEARING'S OFFICER FEBRUARY 9, 1998 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 anyone wishing to speak on an Agenda item should sign on the appropriate sign -in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639 -4171, Ext. 320 (voice) or (503) 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) CITY OF TIGARD HEARING'S OFFICER PAGE 1 OF 2 2/9/98 PUBLIC HEARING AGENDA .414M J CITY OF TIGARD Community Development Shaping A Better Community CITY OF TIGARD HEARINGS OFFICER FEBRUARY 9, 1998 -1:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 BRIE WOODS SUBDIVISION Subdivision (SUB) 97 -0009 Conditional Use Permit (CUP) 97 -0007 Variance (VAR) 97 -0019 Variance (VAR) 97 -0021 LOCATION: 14225 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. PROPOSAL: The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit Review to allow one (1) lot to be used for the construction of a duplex; 3. Variance request to allow an approximately 460 -foot long cul -de -sac, whereas, the Tigard Community Development Code states that the maximum cul -de -sac length shall be 400 feet; and 4. A second Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 3.5 Units Per Acre; R -3.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.150, 18.160 and 18.164. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING'S OFFICER PAGE 2 OF 2 2/9/98 PUBLIC HEARING AGENDA o RECEME D City of Tigard FEB 9 Brian Rager, P.E. f 998 Tigard City Hall. CITY OE TIGARD Dear Brian, Re:Sub 97 -0009 off 103rd Tigard Owning the tax lot below or to the north of this project I still have some concerns. After reviewing the plans I believe there will be run off water which will affect my property. With the road built up on a wall showing a 2 to 5 foot drop off on my side. No curbs to direct the water and only two drains to catch it, looks like problems to me. In the past, I have seen water setting in my front yard, under my house and water in the basement of the two house below mine. This is with my drains working. Somewhere, or somehow there must be a better design then this one. Also, another concern is no safety barriers. Looks like someone could drive off the side of this kind of road and have a 5 foot fall. And this is close to my home. This needs to be • addressed. With these problems, and the narrow road, and the downhill route of the drain water on 103rd. I think this plan needs to be changed back to the old one, which had two homes on the property. This would help the surface water problem by not having so much black top and roofs to collect it. It would also lower the traffic which is of concern to my neighbors. My number is 870 -9941 if you would like to discuss these things with me. Thanks, Charlie Bernards 014-6:77Le20 14175 S.W. 103rd. Tigard, Oregon 97224 503- 639 -5438 2 -8 -98 2 -09 -1998 2:40PM FROM LUDONINVESTMENTS 5032940925 P. 1 • SkyNat Limited Partnership 4000 SW Corbett Avenue Portland, OR 97201 Phone - 503 - 223.4000 Fax - 503 -294 - 0925 FACSIMILE TRANSMITTAL SHEET Y 1 TO: - .S�^�."v FROM: � r „ i c'l ? • COMPANY:4 a 4 � . (� , �.. Gt ! ~ DATE: y a :_0 a FAX NU 4.. ER: • NUMBER OF PAGES : oe. 4 k 4 ��- PHONE NUMBER: (,361-4t RE: 76GENT ,FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY NOTES/COMMENTS: A ur • Please call 503- 223 -4000 if all pages of this fax 2 rc not received. • CITY OF TIGARD Community Development Shaping A Better Community PUBLIC HEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY FEBRUARY 9, 1998 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): SUBDIVISION (SUBI 97-0009 CONDITIONAL USE PERMIT (CUR 97 -0007 VARIANCE WAR] 97 -0019 VARIANCE IVARI 97 -0021 FILE TITLE: BRIE WOODS SUBDIVISION APPLICANT: Matthew Sprague OWNER: T.P.B. Properties Waker Associates, Inc. Howard Quandt 11080 SW Allen Boulevard, Suite 100 PO Box 1775 Beaverton, OR 97005 Beaverton, OR 97075 REQUEST: A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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 Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. 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 INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. SUB 97 -0009 /CUP 97- 0007NAR 97.0019NAR 97 -0021 BRIE WOODS SUBDIVISION NOTICE OF 2/9/98 HEARING'S OFFICER PUBLIC HEARING ANYONE WISHING TO PRESENT Vvr't TTEN TESTIMONY ON THIS PROPOS) 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 HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER 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 JANUARY 20, 1998, 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 HEARINGS OFFICER 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 (250 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 (250 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. r L1 T 1 _( I_CILU 11 1(-- -� x c 6. viciN$TV MAP i _J 1 - Ill _1 Hill__ _ - NINE t _ \ .. CU Dion % / / - .- N i - I� h 1 ► °' ) J / q i \`� Illi \ / �, L r- L ,(II((1 „Hi -Ii 1 _i �� � _a. I__ - �► 1 I � ' --- i ___ 1 ___ _ - J ' ,. .)T i l 7 H TT i I t SUB 97-0009/CUP 97.0007NAR 97.0019NAR 97 -0021 BRIE WOODS SUBDIVISION NOTICE OF 2/9/98 HEARING'S OFFICER PUBLIC HEARING • • MEMORANDUM CITY OF TIGARD, OREGON DATE: January 28, 1998 TO: Will D'Andrea, Planning Division FROM: Brian Rager, Development Review Engineer RE: SUB 97 -0009, Brie Woods Subdivision Description: This subdivision will be a five -lot project located at 14255 SW View Terrace (WCTM 2S1 11 BB, Tax Lot 1900). Findings: 1. Streets: This site is presently a flag lot with frontage and access onto SW 103rd Avenue. The flag pole width is 20 feet. SW 103rd Avenue is classified as a local residential street which requires a 50 foot right -of -way (ROW). At present, there is approximately 40 feet of total ROW on this roadway; therefore, in order to mitigate the additional traffic generated from this project, the applicant will need to provide a ROW dedication on the final plat to bring the ROW width up to 25 feet from centerline. The applicant's preliminary plan indicates that they will provide this dedication. SW 103rd Avenue is paved, but not fully improved to City standards. The frontage of this property is only 38 feet, which does not lend itself to a significant improvement if a half- street improvement were required. Staff recommends that the applicant be required to construct a private street entrance onto this roadway in full conformance to the City's public improvement design standards. Some paving may be necessary within the ROW of SW 103rd Avenue in order to build the entrance properly. Proposed Private Street The plan proposes that all of the lots within this project be served from a private street. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Since this project will only create five Tots, this provision of the TMC is met. ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 1 • • 18.164.030(S) also indicates that the applicant shall ensure the continued maintenance of private streets by establishing a homeowners association. It is recommended that the applicant place a statement on the face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record Conditions, Covenants and Restrictions (CC &R's) along with the final plat that will clarify how the private property owners are to maintain the private street. These CC &R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards . require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. The preliminary plan indicates the grading of this site will result in the need for variable height retaining walls along the north edge of the site. It appears the tallest retaining wall will be five feet in height (at northeast corner of Lot 1. The applicant's plan indicates that the surface water generated by the private street will be collected in catch basins and directed into the proposed water quality pond. However, the section detail of the private street does not show curb on either side of the roadway. A concrete curb would be required on both sides of the roadway in order to facilitate proper storm water collection and to prevent storm water from flowing onto adjacent properties. However, if curbing is provided, the overall paved width of the roadway would be reduced to 19 feet, since each curb has a width of approximately six inches. Section 18.108.070(A) requires a minimum pavement width of 20 feet for private driveways serving between three and six dwelling units. Therefore, the 19 -foot paved width would not meet this provision. Since the applicant did not apply for a variance to this standard, Staff would have to recommend denial of the subdivision. Alternatively, there is a way to design the private street without curbs and still accommodate the 20 -foot paved width and facilitate proper drainage. The applicant could use a valley gutter design, where the pavement would slope toward the middle of the roadway where catch basins could pick up the storm water runoff. Therefore, Staff recommends the applicant redesign the private street to provide for a valley gutter and maintain the 20 -foot minimum paved width. The entrance onto SW 103rd Avenue is another concern. There is an existing driveway immediately south of the proposed private street entrance that serves the adjacent property (Tax Lot 1800); this driveway enters SW 103rd in an opposing direction to southbound traffic, which is a potential safety hazard. In addition, this existing driveway cuts across a portion of the frontage of this site, which will conflict with the new private street entrance. Staff recommends that as a part of construction of the new private street entrance into this development, the applicant also tie in the existing driveway serving Tax Lot 1800. It may be possible to ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 2 • • combine the entrances to form a joint driveway entrance. Staff recommends the applicant's engineer submit proposed solutions to the City Engineer as a part of the final construction design submittals. 2. Water: This site lies within the City's water service area. There is an existing 12- inch public water line adjacent to the western boundary of the site and a 6 -inch public water line located in SW 103rd Avenue. The City of Tigard has established minimum and maximum water pressure limits for water service. These limits are 50 pounds per square inch (psi) and 100 psi, respectively. To provide water pressures within the established pressure limits, water service connections in the proposed development above elevation 290 feet shall be served from the 6 -inch water main located in SW 103rd Avenue. The 6 -inch water main is supplied from the pressure sustaining system located on SW Canterbury Lane. This system is adequate to provide the necessary pressures for this development. The connection to the existing 12 -inch water main adjacent to the west boundary of the site is a transmission facility to reservoirs located on SW Canterbury Lane. These reservoirs have an overflow elevation of 410 feet, thus the 12 -inch water main does not provide the minimum required water pressure until the water main falls below an elevation of 290 feet above sea level. Therefore, since this entire site is higher in elevation than 290 feet, connection to the 12 -inch water line, as proposed on the applicant's plan, will not be allowed. All water service for this site will need to come from the 6 -inch line in SW 103rd Avenue. The minimum main line size within the project will be 6 inches. In addition, Tigard's standards stipulate that all portions of residential buildings be within 500 feet of a fire hydrant. There are no existing fire hydrants near this site that would satisfy this requirement. Therefore, a new fire hydrant will be required for this development. 3. Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line located in SW 103rd Avenue with sufficient capacity to serve this site. A new 8 -inch public sanitary sewer line will need to be extended within the new private street to serve the proposed Tots. The applicant's plans indicate that they will install the necessary public sewer line. The applicant will also be required to provide a sanitary sewer lateral to the adjacent undeveloped parcel to the east. ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 3 • • 4. Storm Drainage: The topography of this site slopes to the north. The applicant's plans indicate that they will install a private storm drainage line within the private street to collect the lot drainage. The storm water will be directed into a private water quality pond to be located between Lot 5 and the private street. From there, a private storm line will be located within the private street and will tie into an existing public storm drainage line in SW 103rd Avenue. The applicant's design engineer will need to submit to the City a downstream analysis in accordance with USA's Design and Construction standards. The analysis will need to determine if the storm line in SW 103rd Avenue, as well as the storm system beyond, will have sufficient capacity to accommodate the additional storm water runoff from this site. If there is a constriction in the downstream system that would result in a negative impact on downstream properties with the addition of the storm water from this site, the applicant will then either need to upsize the downstream system or provide on -site detention. If on -site detention is required, the applicant may be able to upsize the proposed pond and allow it to become a water quality and quantity facility. The downstream analysis will be required prior to construction. Staff is concerned about the ability for the private storm line to pick up all of the drainage from Lot 1, particularly the footing drains, since the topography of Lot 1 falls sharply away from the private street. The applicant will need to address this in the final construction plan submittal; it may be necessary for them to install another private storm line in the back yard of Lot 1 in order to pick up the future footing drains. 5. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 4 • • applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. The applicant proposes to construct an on -site private water quality pond adjacent to Lot 5. This facility will need to either be owned and maintained by the applicant or the future homeowners within this project. The applicant shall place a note on the face of the final plat indicating the ownership and maintenance responsibilities for this pond. In addition, the CC &R's for the subdivision shall include a section that specifically addresses the maintenance responsibilities. The CC &R's will need to be reviewed by the City prior to recording of the final plat. 6. Grading and Erosion Control: USA Design and Construction Standards 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 USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant's design engineer will be required to prepare a final grading plan for review and approval. The plan shall detail the provisions for surface drainage of the Tots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which Tots will have natural slopes between 10% and 20 %, as well as lots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and /or permits will be necessary when the lots develop. • ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 5 • • 7. Existing Overhead Utility Lines: There are existing overhead utility lines located adjacent to SW 103rd Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. If the fee in- lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 38 lineal feet; therefore the fee would be $ 1,045.00. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639- 4171). 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. Additional right -of -way shall be dedicated to the Public along the frontage of SW 103rd Avenue to increase the right -of -way to 25 feet from the centerline. The dedication shall be shown on the face of the final plat. ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 6 • • 4. The applicant shall construct a private roadway entrance at the intersection of the new private street and SW 103rd Avenue to meet City public improvement design standards. 5. The applicant's design engineer shall submit proposed solutions to the City Engineer, as a part of the construction plan submittal, to resolve the conflict between the proposed private street and the existing driveway entrance immediately south which presently serves Tax Lot 1800 (Map 2S1 11 BB). 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 7. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street. The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC &R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 8. The pavement and rock section of the proposed private street shall meet the City's public street standard for a local residential street. 9. The applicant shall redesign the private street to incorporate a valley gutter drainage system to eliminate the need for curbs at the outer edges and maintain a minimum 20 -foot paved width. 10. Any extension of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the public improvement plans from the Engineering Department and construction of public water lines. 11. The applicant's new public water line shall be extended from the existing 6- inch public water line in SW 103rd Avenue. There shall be no connection made to the 12 -inch line adjacent to the western boundary of the site. The new water line within the private street shall be a minimum of 6 inches in size. ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 7 • • 12. The applicant shall install a new fire hydrant to serve this site. All portions of the new homes shall be located within 500 feet of a fire hydrant. 13. The applicant shall install an 8 -inch public sanitary sewer line within the new private street and provide individual services to the new Tots. 14. The applicant shall provide sanitary sewer laterals to the adjacent undeveloped properties. 15. Prior to construction, the applicant's design engineer shall submit documentation, for review by the City (Brian Rager), of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. 16. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25 -year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on -site detention facility. 17. If the projected increase in surface water runoff which will leave a proposed development will cause or contribute to damage from flooding to existing buildings or dwellings, the downstream stormwater system shall be enlarged to relieve the identified flooding condition prior to development or the developer must construct an on -site detention facility. 18. The applicant's final storm drainage plan shall provide a means for collecting the footing drains of all of the lots. Lot 1 is of particular concern as it slopes sharply away from the private street. A private storm line behind Lot 1 may be necessary. 19. Final design plans and calculations for the proposed private water quality facility shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans. Included with the plans shall be a proposed landscape plan. As a part of the improvement plans submittal, the applicant shall submit a maintenance plan for the facility. 20. The face of the final plat shall contain a note that indicates the ownership and maintenance responsibility for the private water quality pond. In addition, the CCR's for the project shall contain a section that specifically speaks to the maintenance responsibility and the procedures that are to be followed by the future homeowners. ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 8 I I • • 21. 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. 22. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the Tots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 23. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 24. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10% and 20 %, as well as lots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and /or permits will be necessary when the lots develop. 25. The applicant shall either place the existing overhead utility lines along SW 103rd Avenue underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 1,045.00 and it shall be paid prior to recording of the final plat. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 26. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision plat. 27. 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: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off -site street and /or utility ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 9 • • improvements are completely finished, and 4) all street lights are installed and ready to be energized. tN ADDITION, THE APPLICANT SHOULD BE AWARE OF: THE FOLLOWING SECTIONS. OF THE COMMUNITY :DEVELOPMENT. CODE; THIS IS>NOT AN .EXCLUSIVE: LIST :< :::: 18.160.170 Improvement Agreement: 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. 18.160.180 Bond: 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. ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 10 • • The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.160.190 Filing and Recording: 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. 18.162.080 Final Plat Application Submission Requirements: Three 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; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 11 • • 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. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street & Utility Improvement Standards: 18.164.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface- mounted transformers, surface - mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.164.130 Cash or Bond Required 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. 18.164.150 Installation: Prerequisite /Permit Fee 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. 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 12 • • • 18.164.200 Engineer's Certification Required 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. THI APPROVAL SHALL BE VALID FOR'18 MONTHS' FROM THE EFFECTIVE DATE OF THIS DEC ISION i:\ eng \brianr \comments\sub97- 09.bdr • ENGINEERING COMMENTS SUB 97 -0009 Brie Woods Subdivision PAGE 13 up A f • III UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM DATE: January 20, 1998 TO: William D'Andrea, City of Tigard FROM: Julia Huffman, USA J l SUBJECT: Brie Woods Subdivision, SUB 97 -0009, CUP 97 -0007, VAR 97 -0019, 97 -0021 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 duplex lot should have a separate service to each unit. Sanitary service should be by gravity only and no pumping. 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. WATER QUALITY Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. 155 North First Avenue, Suite 270, MS 10 / Phone: 503/648 -8621 Hillsboro, Oregon 97124 V / FAX: 503/640 -3525 REQUEST FOR COMMENTS CITY OF TIOARD Community Development Shaping A Better Community I IL) DATE January 6,1998 p L 11 3 JAN U 9 1998 TO: Julia Huffman, USA/SHIM Program B FROM: City of Tigard Planning Division STAI is D'Andrea Associate Planner 1x3151 piii77 1 031539-4111 Fax: (5031 684-1297 RE SUBDIVISION (SUB) 91- 0009 /CONDITIONAL USE PERMIT (CUP) 91- 0001/VARIANCE NAM 91- 0019/VARIANCE WAR) 91 -0021 ➢ BRIE WOODS SUBDIVISION Q A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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. APPPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. Attached is the 5110 Pian, V Clmigl 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 - JANUARY 16,19981 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 provide the following information) Name of Perseids) Commeming Phone Numberts): 4 — a o z SUB 97 -0009 /CUP 97- 0007NAR 97- 0019NAR 97 -0021 BRIE WOODS SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS • • REQUEST FOR COMMENTS Aft CITY OF TIGARD RECEIVED PLANNING Community Development Shaping 9i Better Community DATE January 6,1998 JAN 1 5 1998 TO: Brian Moore, PGE Sendce Design Consultant CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea, Associate Planner 1x3151 Phone: (5031 6394171 Fax: [5031684-7297 RE: SUBDIVISION (SUB) 91- 0009 /CONDITIONAL USE PERMIT (CUP) 91- 0001/VARIANCE [VAR) 91- 0019/VARIANCE (VAR) 91 -0021 ➢ BRIE WOODS SUBDIVISION < A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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. APPPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. 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 - JANUARY 16,1998). 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: V 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 h► (Please provide the follow information) Name of Persons) Commenting: � Phone !lamberts): — 4 b(0 SUB 97 -0009 /CUP 97- 0007NAR 97-0019NAR 97 -0021 / BRIE WOODS SUBDIVISION PROPOSAUREOUEST FOR COMMENTS • • A liv REQUEST FOR COMMENTS C. OF TIGARD RECEIVED PLANNING Community Development ShapingA Better Community DATE: January 6,1998 I JAN 1 3 1998 fr T0: John Roy, Property Manager i / CITY OF TIGARD N FROM: City of Tigard Planning Diuisi i STAFF CONTACT: William D Andrea, Associate Planner (x315) Phone: (503) 639.41111 Fax: (5031 6841291 RE SUBDIVISION (SUB) 91- 0009 /CONDITIONAL USE PERMIT (CUP) 91- 0007/VARIANCE [VAR) 91- 0019/VARIANCE (VAR) 91 -0021 > BRIE WOODS SUBDIVISION Q A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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. APPPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. Attached is the Site Plan, VIClnity Map and AuolUCan'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 - JANUARY 16, 1998l. You may use the space provided below or attach a separate letter to return your comments. III 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. PLEIE 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. .1 Written comments provided below: f."5-ec.: 122 WIV:-/S) f h/4 3 1 ----- _/)_ia.intde.rk /06m AeAV 0 /� ) 1 4 6 1 (Please provide the following information) Name of Persons) Commenting: I Phone Number[s): SUB 97 -0009 /CUP 97- 0007NAR 97- 0019NAR 97 -0021 BRIE WOODS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS ol -. • 0 A REQUEST FOR COMMENTS C . I GARD RECEIVED PLANNING community Development Shaping A. Better Community DATE January 6,1998 JAN 1 3 1998 TO: Michael Miller, Operations Water Department Manager CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Wililam D'Andrea, Associate Planner [x3151 Phone: 15081659 -4171 Fax: [5081684-1291 RE SUBDIVISION [SUBI 91- 0009 /CONDITIONAL USE PERMIT [CUP) 91- 0001/VARIANCE [VARI 91- 0019/VARIANCE [VARI 91 -0021 ➢ BRIE WOODS SUBDIVISION < A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot lorig cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 2S111BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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. APPPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. Attached is the SRC PIan, Vicinity Map and Anulicanrs 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 - JANUARY 16, 19981 You may use the space provided below or attach a separate letter to return your comments. If yon 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: `> LE /1-rrA fl M r- v I (T(ease provide the fodowing information) Name of Person[sl Commenting: M LE" Il.t,cu -�0...- Phone Number[sl: v 3q.S SUB 97 -0009 /CUP 97- 0007NAR 97- 0019NAR 97 -0021 BRIE WOODS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS MEMORANDUM CITY OF TIGARD, OREGON TO: Will D'Andrea, Associate Planner UllA FROM: Mike Miller, Operations Manager DATE: January 12, 1998 SUBJECT: Brie Woods The propose of this letter is to summarize the water service availability and pressure zone limits within the proposed development. The City of Tigard has established minimum and maximum water pressure limits for water service. These limits are 50 pounds per square inch (psi) and 100 psi, respectively. To provide water pressures within Tigard's established pressure limits, water service connections in the proposed development above elevation 290 feet shall be served from the existing 6 -inch water main located within SW 103rd Avenue. The existing 6 -inch water main is supplied from the pressure sustaining system located on SW Canterbury Lane. This system is adequate to provide the necessary pressures for this development. The connection to the existing 12 -inch water main within the easement to the west of the development is a transmission facility to the reservoirs located on SW Canterbury Lane. These reservoirs have an overflow elevation of 410 feet, thus the 12 -inch water main does not provide the minimum required water pressure until the water main is below an elevation of 290 feet above sea level. Also, our standards stipulate that all portions of residential buildings be within 500 feet of a fire hydrant. Therefore a new fire hydrant will be required for this development. Again, water is available for the proposed project from the 6 -inch water main located within SW 103rd Avenue. Connection to the existing 12 -inch water main for domestic use, as indicated on the submitted plans, will not be allowed. • • REQUEST FOR COMMENTS CI OF I Community Development RECEIVED PLANNING Shaping A Better Community DATE January 6,1998 JAN 1 3 1998 TO: Scott Palmer, NW Natural Gas Co. CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea, Associate Planner (x3151 P11011e: (50316394171 F8x: (5031684 -1291 RE SUBDIVISION (SUM 91- 0009 /CONDITIONAL USE PERMIT (CUP) 91- 0001/VARIANCE (VARI 91- 0019/VARIANCE (VAR] 91 -0021 > BRIE WOODS SUBDIVISION < A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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. APPPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. Attached is the Site PIN, VICInity Mao 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 - JANUARY 16,1998). 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. XX Written comments provided below: IT IS IMPORTANT THAT ANY WORK DONE ON SW 103RD AVE IN FRONT OF THIS DEVELOPMENT WILL REQUIRE A NORTHWEST NATURAL COMPANY PERSONNEL TO BE ON SITE AS THERE IS A 10" HIGH PRESSURE GAS MAIN ON THE WEST SIDE. OUTSIDE OF THAT WE HAVE REVIEWED THE PROPOSAL AND HAVE NO OBJECTIONS TO IT. 4 4 (Please provi& the fodowing information) Name of Persons) Commenting: G , SCOTT PALMER I none Number(sl: ( 503) 721 - 2449 SUB 97.0009 /CUP 97- 0007NAR 97- 0019NAR 97.0021 / BRIE WOODS SUBDIVISION PROPOSAUREOUEST FOR COMMENTS • • REQUEST FOR COMMENTS CITY TIGARD Community Development RECEIVED PLANNING Shaping A Better Community DATE January 6,1998 T0: Jim Wolf, Tigard Police Department Crime Prevention Officer JAN 1 3 1998 e OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: __CITY D'Andrea, Associate Planner (x3151 Phone: [5031639 -4171 Fax: 15031684-1297 RE SUBDIVISION (SUB[ 91- 0009 /CONDITIONAL USE PERMIT (CUP[ 91- 0001/VARIANCE (VAR[ 91- 0019/VARIANCE MVARI 91 -0021 > BRIE WOODS SUBDIVISION Q A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot,wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 25111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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. APPPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and 18.164. 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 - JANUARY 16,19981. 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. 7 Written comments provided below: EAca►!a aAA A dt - eadn R A5 We'\ a an fit. 1� wovm k:A 0 A, ve t jcpai o��dv/(b ace akke■m t y. V � (Please provde the foffowing information) Name of Person(s) Commenting: ; Wo\ R Phone Numberisl: 2'L SUB 97 -0009 /CUP 97- 0007NAR 97- 0019NAR 97.0021 BRIE WOODS SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS • • ..„4.: , REQUEST FOR COMMENTS C. OF IOARD 1 Community Development Shaping A. Better Community DATE January 6,1998 TO: David Scott, Building Official FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea, Associate Planner 1x3151 Phone: 15081689.4111 Fax: 150816841297 RE: SUBDIVISION (SUM 91- 0009 /CONDITIONAL USE PERMIT (CUM 91- 0001/VARIANCE WAR) 91- 0019/VARIANCE (VARI 91 -0021 > BRIE WOODS SUBDIVISION Q A request for the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 1.52 acre parcel into five (5) lots ranging between 10,018 square feet to 12,154 square feet; 2. Conditional Use Permit approval to allow one (1) of the lots to be permitted for the construction of a duplex; 3. Variance request to allow an approximately 470 -foot long cul -de -sac, whereas, the Code states that the maximum cul -de -sac length shall be 400 feet; and 4. Variance request to allow a 20- foot -wide access drive, whereas, the Code states that the minimum access width shall be 25 feet. LOCATION: 14255 SW 103rd Avenue; WCTM 2S111 BB, Tax Lot 01900. The site is generally located south of SW McDonald Street, north of SW View Terrace, and on the west side of SW 103rd Avenue. ZONE: Residential, 3.5 Units Per Acre; R -3.5. The purpose of the R -3.5 zoning district is to establish standard urban low density residential sites. The R -3.5 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. APPPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.130, 18.134, 18.150, 18.160 and .18.164. Attached is the Site Plan, MOW Mao 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 - JANUARY 16,19981 You may use the space provided below or attach a separate letter to return your comments. If yon 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. y Written comments provided below: Vo k) S \ J\S1�n o� � �� 0, ,. ms )(A(A - Yrllv)' 6# v4) \\ 1\0,4\4 — e kS S 6N P^ - c' % N v\ \ 04._ *6 sA -k -N.Q, c . . 5\ f 4,w\ 5��o - C_.�„'6, 0 �� \ G ' - , ('W\' % 5 , Nk MIv A � ' ��\ 1. c-NK\N\ s+ ( Laz3V 1.fz, i.1441k *)\ k scw t?w \/,. ,.,.. - ) . - .1.e__ ea '...0‘ \,<t&t -.6 1 f /h-( '- Air-( elk f to -, )7 Zd' w O - ll 1 Fi k e Ad'lrei YA -vi l Pe e / /p si i f ( 2-0 wide a ti' I I— w P,� �, j c€ V w / ®r.. (Tease provide the fodowing infon ation) Name of Persontsl Commenting: c4i • j ,„ s'A 34,6,61k I Phone Number(s]: )(31I 7 SUB 97 -0009 /CUP 97- 0007NAR 97- 0019NAR 97 -0021 q BRIE WOODS SUBDIVISION PROPOSAL/REQUEST FOR OMMENTS 0 Pr {"G an fAa 1�� �v I ✓ j B I 0 AR7 P )� 0/m r1 � et rCesJ �Oer I� ll. V/ 2 c•r1" f /l- ; - Cti / r 2 4 ' 4-,� - • S V • November, 1997 Revised December, 1997 Application and Findings for 1. 5 Lot Subdivision • 2. Conditional Use Approval for Duplex Lots 3. Variance for Hammerhead Length 4. Variance for Access Width for T.P.B. PROPERTIES L General Information Applicant and Owner: T.P.B. Properties Howard Quandt PO Box 1775 Beaverton, OR 97075 Phone: (503) 646 -5006 Fax: (503) 626 -3547 Applicant's Representative: Matthew L. Sprague Waker Associates, Inc. 11080 SW Allen Blvd., Suite 100 Beaverton, OR 97005 Phone: (503) 643 -9410 Fax: (503) 643 -0625 Location: 14225 SW 103r Ave. Tigard, OR The site is on the west side of 103r Ave., south of McDonald St. Legal Description: Map 2S1 11BB Tax Lot 1900 Neighborhood: South CIT Zoning: R -3.5: Residential, 10,000 sq.ft. Minimum Lot Size. Land Use Reviews: Subdivision Conditional use for Duplexes Variance for Hammerhead Length Variance for Access Width wAKE+ R p ' mrs S VE AS SOCIATES, INC 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111fmdings.doc Page 1 of 9 • Proposal: The application request has been developed and is being submitted for Preliminary Plat approval. The intent is to develop land inside the Urban Growth Boundary into a single family subdivision containing 5 lots. Lot sizes average 11,040 square feet but range from 10,018 to 12,154 square feet. A conditional use permit is being requested to allow for duplex units to be built if the owner desires. The proposed street for the project will be a private street that connects to SW 103rd Ave. A hardship exists that will require a variance for the street length exceeding 400 feet to the hammerhead turnaround. Another hardship requires a variance for access width to be reduced to 20 feet. It is proposed at this time that the paving width will remain at 20 feet. Site and Vicinity: The subject 1.52 acre parcel is bordered on the east by SW 103 Avenue midway between SW McDonald Street and SW View Terrace. The parcels access to SW 103rd Avenue consists of a flag 20 feet in width. The flag at the access point is 38 +1- feet wide providing for safe ingress and egress. The flag lot consists of an overgrown hazelnut orchard and slopes downhill moderately from south to north. There are no existing structures on the property. There are no flood plains, drainage hazard areas or significant natural resources on site. Property across SW 103rd Avenue from the access point contains single family residential development. South of the flag_and along the main east property line there is a medium sized vegetated tax lot containing a single residence. South of the property there is a single family residential development consisting of 10,000+ square foot lots. To the west, development consists of a multi - family apartment complex. The north property line is adjacent to a medium sized tax lot containing a single residence, and north of that is another multi - family apartment complex. The overall area has a variety of uses in a small location. Approval of duplex lots would provide for a logical transition of uses from multi - family to single family uses. Project Description: Brie Woods is a residential subdivision development proposal that uses developable land within the Urban Growth Boundary currently owned by T.P.B Properties. The project consists of 1.52 acres located within the City of Tigard. The proposal is to develop 5 duplex lots averaging 11,040 square feet and a water quality facility to serve them. Access to the subdivision is a private street from SW 103rd Avenue. The private street within the subdivision will consist of a 20 foot paved strip through the existing flag and will end with a hammerhead turnaround meeting the standards of the Tualatin Valley Fire District. Additional width has been added to the paving strip near the Water Quality Facility to accommodate maintenance vehicles. �� WALKER C;Ivm Q 61 SURA VEY IN6 ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111findings.doc Page 2 of 9 • Applicant's Narrative This applicant's narrative addresses the applicable approval criteria for a five lot duplex subdivision within the City of Tigard Development Code. The applicable criteria were determined by a pre - application conference and further research by Waker Associates, Inc. Code Section 18.48 - Zoning District Dimensional Requirements A. Dimensional requirements for R -3.5 District: 1. The minimum lot area shall not be less than 10,000 square feet. The proposed duplex lots range from 10,018 to 12,154 square feet in size. 2. The average minimum lot width shall not be less than 65 feet. All proposed lots are greater than 65 feet in width. 3. The average minimum lot width for duplexes shall be not less than 90 feet. All proposed lot widths are 90 feet or greater. 4. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are... It will be the responsibility of the builder or owner to meet the setback requirements when buildings are constructed 5. Except as otherwise provided in Chapter 18.98, no building in an R -3.5 zoning district shall exceed 30 feet in height. It will be the responsibility of the builder or owner to meet height criteria when buildings are constructed Code Section 18.164.060 - Additional Lot Dimensional Requirements A. Size and Shape: 1. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated. The size, width, shape and orientation are appropriate for the location of the development and for the duplex use contemplated a. No lot shall be dimensioned to contain part of an existing or proposed public right -of -way. None of the proposed lots contain part of an existing or proposed public right -of -way. b. The depth of all lots shall not exceed 21/2 time the average width, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. All of the proposed lots are within the limits of this criteria, as shown on the preliminary plat. wAxErz. „ NGi NO ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111fmdings.doc Page 3 of 9 • • c. Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off - street parking and service facilities required by the type of use proposed. The property is not zoned for commercial or industrial purposes. B. Lot Frontage: 1. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050 (C) applies, or unless the lot is for an attached single - family dwelling unit, in which case the lot frontage shall be at least 15 feet. All proposed lots have at least 25 feet of street frontage. C. Through Lots: 1. Through lots shall be avoided... No through lots are proposed for this project, therefore this item does not apply. D. Lot Side Lines: 1. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. The proposed lots are on a hammerhead turnaround Lot side lines proposed are as close to right angles as is practicable while maintaining the required lot dimensions. E. Large Lots: All lots proposed are near the minimum size requirements for this zone, with no further division foreseen. Subdivision Plat Name Reservation The Plat name of "Brie Woods" has been reserved by Waker Associates Inc. and approved by the Washington County Surveyor's Office. Code Section 18.92 - Residential Density Calculation Total Area 1.52 acres Right of Way Area .27 acres (Includes Private Drive & Dedication) _... Net Area 1.25 acres Net Area in Sq. Ft. 54,450 sq. ft. R -3.5 Minimum Lot Area 10,000 sq. ft. Total Units 5.44 units Units Per Acre 3.58 /acre WAKF R pL 4 r NINC IQLN RIN ING3 ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 fmdings.doc Page 4 of 9 • • Code Section 18.164.030 - Future Street Plan and Extension of Streets , A. Improvements: 1. No development shall occur unless the development has frontage or approved access to a public street: a. Streets within a development and streets adjacent shall be improved in accordance with this title; This project's only frontage is on SW 103r Ave. A private street is planned to provide access to the proposed subdivision b. Any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with this code; and Improvements on the existing SW 103rd Avenue include a S foot dedication, paving out to 16 feet, curb, sidewalk, driveway drop for the private drive and storm drainage. c. The Director may accept a future improvement guarantee in lieu of street improvements if one or more of the following conditions exist: No future improvement guarantee in lieu of street improvements is planned at this time. Item c. does not apply. Providing a stub to the west for a future street from this subdivision is not feasible due to the inability to achieve proper design standards and may create a potential safety hazard to future motorists. According to the City of Tigard's Transportation plan, there are no through streets shown between Canterbury and SW 103r Ave. and a through street is not essential for general traffic circulation. The general area is surrounded by collector streets and an arterial that currently provide good circulation for the area. This subdivision has only 20' of right -of -way to connect the proposed private drive to SW 103rd making it impossible to construct a full or partial public roadway and still maintain 20 feet of paving. In addition, the SW View Terrace development to the south of this subdivision was not required to provide a stub out for future development, which due to intersection safety would have been the best choice for a connection. Lastly, the City of Tigard has vacated 30' of right -of -way starting at the intersection of SW 109'' and SW Canterbury Lane which could have made connection to SW 103 proceeding directly east. By allowing this vacation of right of way it is apparent that a through street from SW 103rd to Canterbury is not of great importance to general circulation. Residential Development Solar Access Requirements (Code Section 18.88) All subdivision and minor partitions are subject to solar access requirements. Lots 1 -3 and 5 have north -south dimensions greater than 90 feet. Lot 4 is oriented within 30 degrees of a true east west axis. All of the proposed lots in this development meet the solar access standards. %V AKE R. PI -A NNIN NQ1 srnz gRIN Q ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 findings.doc Page 5 of 9 • • Code Section 18.106.030 - Minimum Off - Street Parking Requirements A. Residential Uses 1. Single - family residences (attached or detached) - 2 off - street spaces for each dwelling unit. All residences will have 2 off - street parking spaces. Code Section 18.102 - Clear Vision Area The City requires that clear vision areas be maintained between three and eight feet in height at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. The proposed project meets the clear vision area criteria at this time. Code Sections 18.100, 18.106 and 18.108 - Street Trees Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right -of -way or on private property within six feet of the right -of -way boundary. Street trees must have a minimum caliper of at least two inches when measures four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Because the length of the private street exceeds 100 feet, street trees will be required There is a limited amount of width through the flag. The street trees that will be planted along the flag will be calculated and planted along the private street where adequate room exists within the subdivision. Potential street tree locations have been shown on the preliminary plat. Code Section 18.150 - Tree Removal There are 53 trees on site that have a diameter of 12 inches or greater. Of those 53 trees, only 6 are slated for removal as part of this subdivision approval. Individual owners or builders may request the removal of additional trees depending on where structures are to be built on the lots. The lots and trees are effectively arranged to allow the preservation throughout the building of the residences. The trees to be removed make up only 11% of the trees greater than 12 inches in diameter and are circled on the preliminary plat. Narrative The applicant shall submit a narrative which provides findings for all applicable approval standards. Criteria in Sections 18.88, 18.92, 18.100, 18.102, 18.106, 18.150, 18.160, 18.164, among others, are addressed in this narrative. N� V vt C E PLANM:c C /I Y NO ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111fmdings.doc Page 6 of 9 • • • • Code Section 18.160.060 - Approval Criteria for a Subdivision Preliminary Plat A. The Hearings Officer may approve, approve with conditions or deny a preliminary plat based on the following approval criteria. 1. The proposed preliminary plat complies with the City's This proposal is in compliance with the comprehensive plan. The lot sizes are 10,000 square feet thus creating a low density neighborhood. A conditional use permit is being applied for at this time in case an individual builder wishes to construct a duplex within the subdivision. 2. The proposed plat name is not duplicative... The plat name "Brie Woods" has been approved by the Washington County Survey Department. 3. Streets and roads are laid out so as to conform to the plats... No adjoining partitions have been approved This item does not apply. 4. An explanation has been provided for all common improvements... All common improvements have been explained within this document. Code Section 18.160.120 - Criteria for Granting a Variance - Street Length A. The hearings Officer shall consider the application for variance at the same meeting at which it considers the preliminary plat. B. A variance may be approved, approved with conditions, or denied provided the Hearings Officer finds: 1. 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 special circumstance existing on this project consists of a long flag serving as access to the main body of the parcel. Due to the length of the flag, the proposed private street length exceeds 400 feet. 2. The variance is necessary for the proper design or function of the subdivision; The variance is necessary for the street to be extended to the main body of the property because the flag and accompanying hammerhead turnaround require a length beyond 400 feet. 3. 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; This requested variance for street length on a hammerhead turnaround is not detrimental to the community or rights of other owners of property. It is simply a request to exceed the normal length for a hammerhead street due to the length of the existing flag for the subject parcel. �AL wAICER PL's NI d ASSO CIATES, INC 11080 SW ALLEN BLVD., SUITE 100/BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 fmdings.doc Page 7 of 9 • • 4. 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. (Ord. 90- 41; Ord. 89 -06; Ord. 83 -52) The variance is necessary to allow the property to be developed to its potential while also maintaining the City's Standards to the greatest extent possible. The property was purchased as an existing lot with a long flag. Code Section 18.160.120 - Criteria for Granting a Variance - Access Width A. The hearings Officer shall consider the application for variance at the same meeting at which it considers the preliminary plat. B. A variance may be approved, approved with conditions, or denied provided the Hearings Officer finds: 1. 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 special circumstance existing on this project consists of a long, 20 foot wide flag serving as access to the main body of the parcel. Due to the width of the existing flag, the proposed private street right -of -way is confined to 20 feet. Neighbors have been approached in an effort to increase the flag width and size of the development, but no agreements were reached 2. The variance is necessary for the proper design or function of the subdivision; This street design is the maximum that can be done for improving the private street within the constraints of the existing conditions of the parcel. 3. 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; This requested variance for a decrease in right -of -way width on a private drive within the flag is not detrimental to the community or rights of other owners of property. It is simply a request to decrease the normal width for the right -of -way due to the width of the existing flag for the subject parcel. All of the necessary utilities extending through the flag can be accommodated within the 20 feet. 4. 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. (Ord. 90- 41; Ord. 89 -06; Ord. 83 -52) The variance is necessary to allow the property to be developed to its potential while also maintaining the City's Standards to the greatest extent possible. The property was purchased as an existing lot with a narrow, 20 foot flag. WAKE R PLA NIYINO 61 SURVEYING ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111 findings.doc Page 8 of 9 • • Neighborhood Meeting 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. Property owners within 250 feet and the appropriate CIT Facilitator were notified of the proposal and invited to attend a meeting held on 11/13/97 at Tigard City Hall. Within this submittal package is the attendance list and meeting notes for review by the City. Building Permits Plans for building and other related permits will not be accepted for review until a land use approval has been issued. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. This application pertains to land use, conditional use and variance approvals only. WAIE R L Na °I o ASSOCIATES, INC_ 11080 SW ALLEN BLVD., SUITE 100BEAVERTON, OR 97005 PHONE 643 -9410 / FAX 643 -0625 105111findings.doc Page 9 of 9 • ADDENDUM TO FINDINGS T.P.B. Properties - Howard Quandt 5 -Lot Subdivision - Brie Woods (103 Ave.) • City of Tigard File (SUB) 97 -0009 The written findings submitted on December 10, 1997 include incorrect findings for Code Section 18.150 - Tree Removal. This document is to replace that information as part of the record. There are 55 trees on site that have a diameter of 12 inches or greater. Of those 55 trees, only 13 are slated for removal as part of the subdivision approval. The lots and trees are effectively arranged to allow most of the trees to be preserved throughout the construction process. Only 23.6% of the 12 inch diameter trees will be removed. The remaining trees will be protected by flagging and barrier fences during the construction process. 105111addendum.doc SECOND ADDENDUM TO FINDINGS Regarding 12/11/97 Incomplete Letter T.P.B. Properties - Howard Quandt 5 -Lot Subdivision - Brie Woods (103` Ave.) City of Tigard File (SUB) 97 -0009 12/18/97 1. A future street plan in accordance with Section 18.164.030 of the Tigard Community Development Code is being submitted with this document. There are no bus routes or bicycle lanes within 500 feet of the proposed project so none are shown on the plan. A narrative discussing why a public street stub should not be provided to extend to SW Canterbury Lane was provided in the second set of findings submitted on December 11, 1997. An additional reason for not providing a stub to the west is that along with the high density development that may occur to the west comes more traffic. That amount of traffic could create problems for any 103` intersection at the bottom of the hill. Only traffic from the proposed development can access the private driveway proposed and maintain safe driving conditions. 2. Shown on the revised preliminary plat submitted December 11, 1997 are the trees proposed for removal. The owner understands that no additional trees can be removed because of the deed restrictions that will be placed on the lots. 3. Based on the Comprehensive Plan Low Density designation, it is understood that the City would not support five duplex units but would be supportive of one. The applicant's choice of lots for duplex approval according to the Preliminary Plat submitted December 11, 1997 is Lot 1. Lot 1 is in the northwest corner of the proposed development. 105111addendum2.doc 0 December 11, 1997 Jaa a Matthew L. Sprague ueo Waker Associates, Inc. �� CITY ®� TI�7 a 11080 SW Allen Boulevard, Suite 100 OREGON Beaverton, OR 97005 Re: Notice of Incomplete Application Submittal Dear Mr. Sprague: The Planning Division has conducted a preliminary review of Subdivision (SUB) 97 -0009, an application for a five (5) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing this application pending submission of the following items and plan notes: 1. Future street plan in accordance with Section 18.164.030 of the Tigard Community Development Code. Include a narrative discussing why a public street stub should or could not be provided to extend to SW Canterbury Lane. The future street plan submitted does not reflect the reality of existing development. The future plan shall consider existing topography, size of adjacent parcels and minimum lot sizes. 2. Tree inventory/removal plan. Builders on individual lots will not be allowed to remove additional trees as per the deed restrictions required in Section 18.150.045.B. 3. The Comprehensive Plan Low Density plan designation allows net densities to range between 1 -5 units per acre. Given the fact that the property is slightly over an acre, the maximum units allowed would be approximately six (6) units. It appears that only one (1) of the proposed lots could accommodate a duplex unit. - TE - e applicant should clarify which of the proposed lots might be utilized for a duplex unit. If you have any questions concerning this information, please feel free to contact me at (503) 639 -4171. Sincerely, 4.. William D'Andrea, Associate Planner, AICP is \cu rpl n \wi I I\s u b97- 09.It2 c: SUB 97 -0009 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 December 11, 1997 RECD -��� �i�l��wl ik Matthew L. Sprague D p C r Waker Associates, Inc. ,e 19 CITY OF TIGARD 11080 SW Allen Boulevard, Suite 100 Beaverton, OR 97005 OREGON Re: Notice of Incomplete Application Submittal Dear Mr. Sprague: The Planning Division has conducted a preliminary review of Subdivision (SUB) -0009, an application for a five (5) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing this application pending submission of the following items and plan notes: 1. Future street plan in accordance with Section 18.164.030 of the Tigard Community Development Code. Include a narrative discussing why a public street stub should or could not be provided to extend to SW Canterbury Lane. The future street plan submitted does not reflect the reality of existing development. The future plan shall consider existing topography, size of adjacent parcels and minimum lot sizes. 2. Tree inventory/removal plan. Builders on individual lots will not be allowed to remove additional trees as per the deed restrictions required in Section 18.150.045.B. 3. The Comprehensive Plan Low Density plan designation allows net densities to range between 1 -5 units per acre. Given the fact that the property is slightly over an acre, the maximum units allowed would be approximately six (6) units. It appears that only one (1) of the proposed lots could accommodate a duplex unit. - The plicant should clarify which of the proposed lots might be utilized for a duplex unit. If you have any questions concerning this information, please feel free to contact me at (503) 639 -4171. Sincerely, William D'Andrea, Associate Planner, AICP is \cu rpin \will\sub97- 09 c: SUB 97 -0009 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 SECOND ADDENDUM TO FINDINGS Regarding 12/11/97 Incomplete Letter T.P.B. Properties - Howard Quandt 5 -Lot Subdivision - Brie Woods (103 Ave.) City of Tigard File (SUB) 97 -0009 12/18/97 1. A future street plan in accordance with Section 18.164.030 of the Tigard Community Development Code is being submitted with this document. There are no bus routes or bicycle lanes within 500 feet of the proposed project so none are shown on the plan. A narrative discussing why a public street stub should not be provided to extend to SW Canterbury Lane was provided in the second set of findings submitted on December 11, 1997. An additional reason for not providing a stub to the west is that along with the high density development that may occur to the west comes more traffic. That amount of traffic could create problems for any 103` intersection at the bottom of the hill. Only traffic from the proposed development can access the private driveway proposed and maintain safe driving conditions. 2. Shown on the revised preliminary plat submitted December 11, 1997 are the trees proposed for removal. The owner understands that no additional trees can be removed because of the deed restrictions that will be placed on the lots. 3. Based on the Comprehensive Plan Low Density designation, it is understood that the City would not support five duplex units but would be supportive of one. The applicant's choice of lots for duplex approval according to the Preliminary Plat submitted December 11, 1997 is Lot 1. Lot 1 is in the northwest corner of the proposed development. 10511 1 addendum2.doc f .- � .R 11 . 4 -- --1- i - - - ‘? . --7 . ., T .... - -- .. t , •' a �+"a lid . (w ` ► • 10538S sr , Olt) 51'. ' .0. - LOT , ' • r M 2 i ¶9r le ' , . 0 • / 14P1r .. . TRACT *Er . _.--- so w f " ..,. _ . L ---Ir. F ' . _-. ...„--. U . . •- ' .-0 -f, ,,,., .., : ' ' 4,..- , ------ 57.04' , , ,.„0 . 1:: ::_. ' ' • , ' ' * 0 ' ,iiN WM „ tit i l i OA c i . 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Cis % __ V,- _ \ . - . . '- t t I 41;1„. - , _ - , ... L(49.413 .vi R-12 \ 0 44 ' LON ING , . , 1 R-15 _ ' . - 1_, L...."-- - 1.....n....,___ O '''A ' \ _y ) I . . , ...- i ... "--.. , [..___} . . ''''---- — ___e- ) / _ , . ... ..--- ' fi!:0' ....f--1 • .... '‘---... ,---- i . I I is- . • . ' 1 . -......._ ...- I \ ‘ - ... . - , / . 1 . I t - . t„ , : !: 4, Y , - . ,: 4;;; :: .1 f . , : sit ' ,i '' il , : . n: t j: • . . . . , - , JC NO. 105111 . SCALE 1" = 100' ------------- ---- ,,- . 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SCALE 1" = 100' _ , DR A SW MLS , DESIGNED MLS , CH EC) ED . DATE DEC 97 .., SHEE T NO. , . 3.4 ' t...- f - OEC 1 3 11997 . . k. . . e .. ' ' kg . .. OF .1 L i SHEETS _ . P105111C +ALS 12/18/97 12: 07.11 ..- - . ... . . . . . _ . . . . . .. . . , . . . . . - A • I • • •