Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
SUB1998-00001
OEXIIIVTk~ 120 DAYS = 8/21198 CITY OF TIGARD Community Development ,Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SUBDIVISION (SUB) 98-0001NARIANCE (VAR) 98-0002 Case Name(s): WALNUT GLEN SUBDIVISION Names of Owners: Eva Sweeney, Wayne Thompson, Kent & Brenda Wizer, Ken Kvarnstrom and Dianne Kvarnstrom (Specific owners for each tax lot are available upon request) Name of Applicant: Bill Wagoner, Riverside Homes/Applicant's Rep.: Ken Sandblast, Compass Corp. Address of Rep.: 6564 SE Lake Road City: Milwaukie State: Oregon Zip: 97222 Address of Property: The subject properties are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace. City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. Request The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (22) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. Zone: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. Action: ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: 0 Owners of record within the required distance 19 Affected governmental agencies I@ The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: % DATE OF FILING: JULY 2, 1998 THE DECISION SHALL BE FINAL ON WEDNESDAY = IDLY 15, X998 UNLESS ANAPPEALFI$ 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 $500.00. l :THE DEADLINE FOR FILING OF AN APPEAL IS 3 30:P M ON JULY.15,1998: . Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION NOTICE OF FINAL ORDER BY THE HEARING'S OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Riverside. Homes for approval of ) FINAL ORDER a preliminary plan to divide 5.06 acres into 22 lots and variances ) to the maximum cul-de-sac length and to the maximum number ) SUB 98-0001 of lots with access to a cul-de-sac for land north of Walnut ) VAR 98-0002 Street at SW 114th Terrace in the City of Tigard, Oregon ) (Walnut Glen) I. SUMMARY A. This final order concerns an application by Riverside Homes (the "applicant") to subdivide property located on the north side of Walnut Street at the intersection with SW 114th Terrace (the "site"). The applicant proposes to divide the 5.06-acre site into 22 lots. All of the proposed lots comply with dimensional requirements of the R-4.5 zone. A single family detached dwelling will be built on all but one of the proposed lots. An existing residence is proposed to be retained on proposed Lot 6. A second existing residence will be removed. B. The applicant will extend public sewer and water service to each lot. The applicant will dedicate right of way and construct half width improvements along the site's Walnut Street frontage. The applicant proposes to dedicate and improve SW 114th Place (designated 114th Court on the preliminary plat) as a roughly 500-foot long cul-de-sac street north of Walnut Street. The CDC prohibits a cul-de-sac street from being more than 400 feet long or serving more than 20 lots. The applicant requests variances to those standards. The applicant proposed to construct two private streets extending from the cul-de-sac street. All proposed lots will be served by the proposed cul-de-sac or private streets. A homeowners association will be created to own and maintain the tracts containing the private streets. C. 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 north end of the site for treatment. Treated stormwater will be discharged to Summer Creek northeast of the site. The applicant will dedicate to the City the tract containing the stormwater facilities. D. At the public hearing in this matter, City staff recommended approval, subject to conditions. See the Staff Report dated May 28, 1998 (the Staff Report). The applicant accepted the staff recommendations with exceptions. Three neighbors testified orally and in writing with objections and concerns. The hearings officer held the record open for one week to allow the public to review and comment on the evidence submitted at the hearing. The hearings officer held the record open for an additional week to allow the applicant to submit a closing statement. The principal issues in this case include: • If the applicant must provide a public street stub to the east edge of the site; • If the whole pole portion of the proposed flag lots must be at least 25 feet wide; • If the applicant must provide access to the stormwater and sewer facilities in proposed Tract A separate from the driveway serving the adjoining lot; • The adequacy of the proposed stormwater plan; • The traffic impacts of the proposed development; 0 The potential impacts of clearing on this site; and • The compatibility of the proposal with the surrounding area generally. E. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the subdivision and approves the variances substantially as proposed, subject to the conditions recommended by City staff with certain modifications described more herein. IL HEARING AND RECORD A. Tigard Land Use Hearings Officer Larry Epstein (the hearings officer) held a duly noticed public hearing on June 8, 1998 to receive and consider public testimony in this matter. The following testimony was offered at the hearing. 1. City planner Julia Hajduk summarized the Staff Report and proposed development. She testified that the applicant must modify the plat to provide at least 25 feet of frontage for each lot, and that flaring the flag poles for lots 4, 8 and 13 to achieve 25 feet of frontage at the street is not adequate to comply. This may reduce the total number of lots which can be developed on this site. The applicant also is required to extend a public street to the east boundary of the site to allow for future extension when the abutting property is further developed. She argued that the adjoining property could be developed with more than 6 lots pursuant to the density transfer provisions of the Code. The Code prohibits private streets serving more than 6 lots. In addition, providing private street access to abutting properties can create problems with maintenance requirements and access rights. 2. City engineer Brian Rager testified in support of the condition requiring the applicant to extend a public street stub to the east edge of the site. He also testified the applicant should be required to provide access to the stormwater facilities and sewer manhole in Tract A separate from the driveway for proposed lot 13. Separate access is necessary to ensure parking on lot 13 does not obstruct access for City maintenance vehicles. If joint access is permitted, restrictions should be noted on the face of the final plat. Parking, fences, structures or other activities which obstruct access to the sewer and stormwater facilities must be prohibited. If a manhole is provided between proposed lots 14 and 15, it must be located in a tract. He opined that the applicant's preliminary drainage plan adequately addresses drainage on the site. He testified that the City is unlikely to install a stop sign on Walnut Street, a major collector. He testified that Washington County plans to provide a traffic signal at the intersection of Walnut Street and 121st Avenue. The City plans to extend SW Gaarde Street to intersect Walnut Street. These improvements will reduce traffic volumes on Walnut Street. 3. Ken Sandblast appeared as the representative for the applicant. He introduced a revised preliminary plat and topography map of the site and surrounding area. a. He argued that the proposed variances are necessary, because the surrounding land use pattern makes it impracticable to comply with the Code. b. He argued that shared access to the stormwater facilities and lot 13 can be provided. A provision could be included in the CC&Rs prohibiting parking or other uses which interfere with access to the tract. He opined that Tract A may be too small to accommodate separate access. In the alternative, a sewer manhole could be provided within an easement between proposed lots 14 and 15, west of Tract B. c. He argued that the revised preliminary plan shows that all lots have at least 25 feet of frontage on a street. He argued flaring the flag pole for lots 4, 8 and 13 Hearings Officer Final Order SUB 98-"INAR 98-0002 (Walnut Glen) Page 2 where they abut the street is consistent with the plain meaning of the words in the code. The applicant could essentially avoid compliance with this standard by combining. proposed lots 7 and 8 for purposes of the subdivision. The applicant could then file a partition to create two lots without compliance with the 25-foot frontage requirement. d. He argued that a public street stub to the east is not warranted. The existing residence on the abutting property would prohibit further extension of a public street. In addition, development on the abutting property is limited by the accessibility of sanitary sewer service. Only those portions of the abutting site above elevation 180 feet above mean sea level C msi") could be served by gravity flow sewers. e. He testified that the owner of the "Cloud" property east of the site would like to connect the existing residence to public sewers. The applicant is willing to provide this connection if reasonably practicable. 3. John Fulton testified that he has a 100-foot tall radio tower on his property, located west of proposed Lot 16. He testified that the existing trees on lots 14 through 16 screen the tower from view and from wind. He expressed concern that clearing on this site will expose the trees on his property to greater wind velocities and may cause them to fall onto the guy wires for the tower, potentially causing the tower to fail. He also expressed concerns about stormwater runoff from this site. He currently has problems year-round with standing water on his property. 4. Jerry Bennett testified that he owns the triangular shaped parcel abutting the southeast portion of the site. He argued that the applicant should be required to extend a public street to the east boundary of the site, rather than the proposed private street. He objected to the proposed density of development. He requested the hearings officer hold the record open to allow an opportunity to review the new information submitted by the applicant at the hearing. 5. Claudia Cloud, the owner of the property east of proposed Tract C, also requested the hearings officer hold the record open. 6. In rebuttal, Robert Mazany appeared as the arborist for the applicant. He testified that there is a potential for high winds to cause trees to fall. However proper pruning can reduce the risk. Trees in the adjacent Leron Heights development have had little maintenance. These trees need crown pruning to reduce the potential for failure to an acceptable level. 7. Also in rebuttal, Mr. Sandblast testified that the applicant is aware of the stormwater issue on adjacent properties. The applicant will prepare a final stormwater plan consistent with the requirements of the Code. He noted that the applicant proposed to develop the site with less than the maximum density allowed under the Code. He offered to submit a copy of the tree mitigation plans to Mr. Bennett. He opined that the proposed private street can be extended to serve the adjacent property east of the site. There is no need for a public street. If a public street is required, the applicant should be allowed to modify the plat to provide a private street in the event the adjoining property is developed with 6 or fewer lots. B. The hearings officer held the record open for 7 days to allow interested parties an opportunity to submit additional written testimony in response to the new evidence presented at the hearing. The hearings officer held the record open for an additional week to allow the applicant an opportunity to submit a closing statement. Hearings Qricer Final Order SUB 98-OOOINAR 98-0002 (Walnut Glen) Page 3 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 with exceptions. 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 provides for the extension of a private street rather than public street to the east of the site. The hearings officer finds that a public street is required in this case. 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. a. The hearings officer finds that the proposed private street limits potential development of the abutting property. The abutting property, tax lot 403, contains roughly 2.41 acres which could be developed with a maximum of 11 lots. CDC 18.164.030(S)(3) prohibits private streets serving more than 6 lots, except in planned developments. Therefore the hearings officer finds that the proposed private street limits future development TL 403 and a public street is necessary. (1) The hearings officer concedes that development of the abutting property is limited by topography. Development on the northern portion of the site is further constrained by steep slopes and wetlands near Summer Creek. In addition, the applicant testified that only the southern portion of the site can reasonably be served by existing gravity flow sewers. However these development constraints could be partially avoided through the residential density transfer provision. CDC 18.92.030. (2) The hearings officer finds that a reasonably prudent developer will develop property to the maximum extent feasible. It is not reasonable to assume the abutting property will be developed with only 6 lots. In addition, more than one of the abutting properties could be combined and developed as a single parcel. That is how this site was created; therefore it is reasonable to assume the abutting properties could be developed in a similar manner. Also, as occurred on this site, existing structures could be removed to enhance the development potential of the abutting property. (3) Therefore the hearings officer finds the applicant must construct a public street stub to the east edge of the site to serve future development on adjoining lots. C. There is a dispute about the density of the proposed development. It was argued that the density should be reduced. City staff and the applicant point out that the proposed density is within the range permitted by the R-4.5 zone, and the proposed lots comply with the dimensional minimums in that zone. Because the proposed plat complies with the comprehensive plan map designation and zoning of the property, it must be approved. The Code does not authorize the City to require larger lots. Although the proposed lots are smaller than adjacent lots, they contain compatible uses (single family detached dwellings). D. It was alleged that clearing on this site will expose trees on adjacent sites to greater wind impacts, increasing the possibility that trees will be blown down during storms. The hearings officer acknowledges that the existing vegetation on this site may serve to buffer adjacent properties from strong winds. Clearing on this site will eliminate that buffer effect. However the Code does not prohibit such impacts. Hearings Of wer Final Order SUB 98-OWIIVAR 98-0002 (Walnut Glen) Page 4 I a. The applicant offered to prune the trees on Mr. Fulton's property to reduce their "sail" and failure potential. The hearings officer finds that a condition of approval is warranted to this effect consistent with the offer the applicant made at the hearing. However such a condition should reflect that Mr. Fulton must allow the applicant to enter his property to fulfill the condition. If he declines such consent subject to reasonable constraints, further compliance with such a condition should be waived. b. The applicant also offered to plant additional trees on parcels adjacent to the site and to work with Ms. Cloud to plant trees along their common boundary to mitigate the loss of trees on this site. If these off-site trees are to be counted towards the applicant's required mitigation, the applicant must record deed restrictions or similar limitations on removal pursuant to CDC 18.150.045. E. 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, p. 24. The hearings officer accepts the testimony of Mr. Fulton regarding storm water ponding on his property. However there is no evidence that the proposed development will exacerbate this existing condition. The applicant is not required by law to remedy that condition. F. There is a dispute about the required lot width. Staff argue that the entire flag pole portion of the proposed flag lots must be at least 25 feet wide. a. CDC 18.164.060(B) provides: Each lot [in a subdivision] shall abut upon a public or private street, other than an alley, for a width of at least 25 feet...unless the lot is for an attached single-family dwelling unit in which case the frontage shall be at least 15 feet." (Emphasis added). b. Construing this section as a whole, the hearings officer concludes that CDC 18.164.060(B) requires 25 feet of frontage for single family detached lots. CDC 18.26.030 defines "frontage" as "the portion of a lot which abuts a road." The hearings officer finds that the Code does not require this "frontage" to continue the entire length of the flag pole portion of a flag lot; only that portion of the lot which "abuts" the street. c. In this case, all proposed lots have a minimum 25 feet of frontage on a public or private street. The 15-foot wide flag pole portion of the proposed flag lots is sufficient to accommodate a 15-foot wide access and a 10-foot wide paved driveway as required by CDC 18.108.070(A). Therefore the hearings officer finds that the preliminary plat complies with the access and frontage requirements of the Code. Condition of approval 7 as proposed by City staff should be deleted. (1) The City may have required a 25-foot flag pole for flag lots in prior cases. However the hearings officer finds, based on the above analysis, that the prior conditions were not supported by the Code. Conditions of approval imposed in prior cases have no value as precedent, because they are not land use regulations. G. The hearings officer finds, based on the traffic study, that area roads can accommodate the additional traffic generated by this development. The traffic study was prepared by a licensed professional engineer based on actual traffic volumes. Future traffic volumes were Hearings Ogwer Final Order SUB 98-OWIIVAR 98-0002 (Walnut Glen) Page 5 estimated using accepted methods of calculation based on the type and amount of development proposed. The unsubstantiated opinions of local residents about what the traffic effects will be is not sufficient to overcome the expert testimony in the traffic study. H. The hearings officer finds that separate access to Tract A is not necessarily warranted. The Code does not require separate access. Restrictions can be imposed to ensure reasonable access is available to the City facilities in Tract A via a single, shared accessway. Construction of a separate accessway would likely reduce the number of lots which can be developed on the site. The applicant should be required to grant an access easement to the City allowing access to Tract A over lot 13. The easement should prohibit parking, fences, gates or other structures, conditions or uses of lot 13 which restrict the City's use of the easement for access to the tract. The easement and its restrictions should be shown on the face of the plat to notify future owners of them. A condition of approval is warranted to this effect. N. CONCLUSION 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. V. DECISION Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby approves SUB 98-0001NAR 98-0002 (Walnut Glen) subject to the conditions of approval in the Staff Report with the following changes: A. Condition of approval 5 is hereby amended to read as follows: 4.D. Prior to clearing on the site, the applicant shall submit to Mr. Fulton a written offer to prune the trees on his property by an arborist or similar landscape professional to reduce their potential exposure to high winds. The written offer shall summarize the proposed pruning, i.e. when the trees will be pruned and the scope of pruning proposed. The offer shall provide Mr. Fulton a reasonable opportunity (no more than 30 days) to accept or reject the offer in writing. Mr. Fulton's failure to respond within the designated time frame will be construed as a rejection of the offer. Mr. Fulton may accept the offer subject to reasonable restrictions on when the work may be performed and subject to a requirement that the applicant hold the owner of the property harmless for any damage resulting directly from the pruning activities. B. Condition of approval 7 is hereby deleted. C. Condition of approval 26 is hereby amended to read as follows: 26. The applicant shall grant to the City an access easement over lot 13 allowing City vehicles, personnel and equipment access to the sewer and stormwater facilities within or abutting Tract A. The easement shall expressly prohibit any development or use on lot 13 which could interfere with the City's use of the easement, including fences, gates or structures of any kind, and shall Hearings Officer Final Order SUB 98-"INAR 98-0002 (Walnut Glen) Page 6 expressly require the owner of lot 13 to pave and maintain a driveway in the access easement in a good and workmanlike manner so that it is contin- uously accessible to and safe for access by the City and its employees and agents. The easement shall be approved by the City attorney. TE s 29th d e, 1998. Larry E stein, City of ar ngs Officer Hearings O.ricer Final Order SUB 98-OWIIVAR 98-0002 (Walnut Glen) Page 7 • Agenda Item: 20 Hearing Date: June 8,1998 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON Co~~utyt SFuz A llktterC runuru SECTION I. APPLICATION SUMMARY CASES: FILE NAME: WALNUT GLEN SUBDIVISION Subdivision SUB 98-0001 Variance VAR 98-0002 PROPOSAL: The applicant has requested the followinq development applications: 1. Subdivision preliminary plat approval to divide an area consisting of five (5) lots totaling approximately 220,413 square feet (5.06 acres) into 22 lots ranging between 7,507 square feet to 8,347 square feet; 2. A Variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and 3. A second Variance request to allow 22 lots to have access via a cul-de-sac, whereas, the Code states that no more than 20 lots can have access off of a cul-de-sac. APPLICANT: Bill Wagoner APPLICANT'S Ken Sandblast Riverside Homes REP.: Compass Corporation 16666 Greenbrier Pkwy, S-140 6564 SE Lake Road Beaverton, OR 97006 Milwaukie, OR 97222 OWNERS: Eva Sweeney, Wayne Thompson, Kent and Brenda Wizer, Ken Kvamstrom, and Diane Kvamstrom (Specific site ownership information and addresses available upon request). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 4.5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. LOCATION: The subject properties are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax lots 00600, 00700, 02000, 02100 and 02200. APPLICABLE. REVIEW CRITERIA: Community Development Code Chapters 18.40, 18.50, 18.84, 18.88 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. SECTION II. STAFF RECOMMENDATION -Staff, recommends that- the Heanngs Officer find that {the proposed Subdivision will n 'adversely affect the.. health; safety'and: welfare ~df,the, City Therefore,, staff recommends ,APPROVAL,,subject to the following re commended,condifions{;;of approval STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 1 OF 24 CONDITIONS OF APPROVAL 'ALL CONDITIONS SHALLBE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. (Unless otherwise specified, the staff contact forall' condition's is Brian Rager with the Engineering Department at 503-639-4171.) 1. Provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement, exclusive of access drives. Staff contact, Julia Hajduk (639-4171 x407) 2. Submit a revised plan that shows the proposed setbacks for the existing structure on lot six (6) are met. Staff contact, Julia Hajduk (639-4171 x407) 3. Modify the street tree plan to show the following: A. Spacing of trees along SW 114th Court will be in accordance with the Tigard Development Code based on the mature size of the tree; and B. Submit a plan that shows that no trees are proposed in the vision clearance triangle. Staff contact, Julia Hajduk (639-4171 x407) 4. TREE REMOVAL - The applicant shall: A. Provide the total number of caliper inches removed; B. Mitigate for 75% of the caliper inches removed. If the final number of trees removed exceeds 75% of the existing trees, the applicant must mitigate for 100% of the total caliper inches removed; and C. Record a deed restriction for those trees that are to be preserved. Staff contact, Julia Hajduk (639-4171 x407) 5. Provide a deed restriction for either lot 16 or lot 10 to prohibit access onto the private drive identified as Tract "B". Staff contact, Julia Hajduk (639-4171 x407) 6. Record a deed restriction for lots fronting SW Walnut Street prohibiting direct access onto that street. Staff contact, Julia Hajduk (639-4171 x407) 7. Revise the plan to provide all lots with a minimum of 25 feet of frontage. This includes lots 4, 8 and 13, identified as panhandle lots. Staff contact, Julia Hajduk (639-4171 x407) 8. Obtain a public improvement permit and compliance agreement 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. STAFF REPORT TO THE HEARINGS OFFICER 618M PUBLIC HEARING SUB 984)001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 2 OF 24 9. Provide the Enginting Department with the name, Ass 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. 10. Provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 11. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to construction of the public improvements. 12. The final plat shall indicate that additional right-of-way will be dedicated for SW Walnut Street to provide 33 feet from centerline. 13. Construct standard half-street improvements along the frontage of SW Walnut Street. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 22 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. curb or curb and gutter; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 64oot concrete sidewalk; F. street striping'; G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); 1. street signs; and J. adjustments in vertical and/or horizontal alignment to construct SW Walnut Street in a safe manner, as approved by the Engineering Department. 14. The final plat shall indicate that the new public street name will be "SW 114th Place". 15. Prior to construction of the public improvements, the applicant shall submit, for City Engineer and Planning Director review, a Future Streets Plan to show how a public street stub can be provided to Tax Lot 403 (WCTM 2S1 03AB). The plan shall show plan and profile of the street stub and how it can tie in with a realistic future lot pattern on Tax Lot 403. Topography of the subject site and Tax Lot 403 will need to be taken into consideration in order to ensure that the street stub is placed in an appropriate location. Final street stub location will be approved by the City Engineer. 16. The right-of-way and pavement widths of the street stub to Tax Lot 403 shall be 46 feet and 28 feet respectively. .STAFF REPORT TO THE HEARINGS OFFICER 6AM PUBLIC HEARING SUB 98-"lNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 3 OF 24 17. The right-of-way and pavement widths of SW 114th Place shall be 46 feet and 28 feet respectively. 18. Both SW 114th Place and the street stub to Tax Lot 403 shall be signed "No Parking" on one side of the street. The applicant will be responsible for the costs of these signs and shall delineate on the construction plans which side of the streets will contain the signs. Final sign location and type shall be approved by the City. 19. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the public streets in the subdivision. Improvements shall be designed and constructed to local street standards. 20. A profile of SW Walnut Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 21. Lots 1, 3, 4 and 22 shall not be permitted to access directly onto SW Walnut Street. 22. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private streets will be jointly owned and maintained by the private property owners who abut and take access from them. 23. 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 streets. 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 streets. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 24. The pavement and rock section of the proposed private streets shall meet the City's public street standard for a local residential streets. 25. 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. 26. A maintenance access roadway, built to City standards, shall be provided to serve the downstream sanitary sewer manhole adjacent to the northeast comer of Lot 13 and the proposed water quality facility in Tract A. This maintenance roadway shall be physically separate from the driveway serving Lot 13 and shall be contained within the confines of Tract A. The access roadway shall be a minimum of 15 feet wide. 27. Final design plans and calculations- for the proposed public 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 to be approved by the City Engineer. The proposed facility shall be dedicated in a tract STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 4 OF 24 to the City of Tig*on the final plat. As a part of the 11provement plans submittal, the applicant shall submit an Operations and Maintenance Manual for the proposed facility for approval by the Maintenance Services Director. The facilities shall be maintained by the developer for a three-year period from the conditional acceptance of the' public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. 28. 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." 29. 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). 30. 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. 31. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 32. 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. 33. The applicant shall either place the existing overhead utility lines along SW Walnut Street 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 $ 10,312.50 and it shall be paid prior to approval of the final plat. 34. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The partition 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; and C. Once the City and County have reviewed the plat, submit two mylar copies of the partition plat for City Engineer's signature. STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBLIC HEARING SUB 98-0001NAR 98-M2 WALNUT GLEN SUBDIVISION PAGE 5 OF 24 Ask PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING r. CONDITION SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager R with the Engineering Department at 503-639,-4171.) 35. Prior to issuance of building permits, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Staff contact. Julia Hajduk (639-4171 x 407) 36. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 37. 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 improvements are completely finished, and 4) all street lights are installed and ready to be energized. PRIOR TO THE ISSUANCI ;PF OCCUPANCY PERM TS, E FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the.staff contact shall be JULIA POWELL'HAJDUK g with the Planning 'Division~ at 503-639-4171.) 38. All site improvements installed as per the approved plans. 39. Plant a minimum of two (2) trees on each parcel as proposed as part of tree mitigation plan. IN ADDITION, THE APPLICANT SHOULD BE AWARE ;O:F'THE t 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98.0001NAR 98-"2 WALNUT GLEN SUBDIVISION PAGE 6 OF 24 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. 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 STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-OOOINAR 98-M2 WALNUT GLEN SUBDIVISION PAGE 7 OF 24 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. 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. 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 8 OF 24 0 a _ THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATEOF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Tax lots 02000, 02100 and 02200 were partitioned in 1990 (MLP 90-0004NAR 90-0010) to create the current lots. Tax lot 00600 was annexed in 1992 (ZCA 92-0003). The remaining tax lots were annexed in January of 1983 (staff could not determine the ZCA number associated with that annexation). No other development applications were found to previously have been filed with the City. Vicinity Information: Adjoining properties to the north, south, east and west are zoned R-4.5 (Residential, 4.5 units per acre) and developed with single-family residential uses and vacant lots. The property is bordered on the south by SW Walnut Street. The property to the east is inside the City's Urban Services Area, but outside of city limits. Site Information and Proposal Description: The subject site includes.five (5) lots consisting of approximately 5.06 acres of property. The site is relatively flat in slope except along a portion of the east boundary and at the north end where the slope is between 10% and 20%. There are two (2) residential dwellings in the area to be developed, one of which is proposed to remain on lot six (6). The proposal is to create a total of 22 lots. The proposal also involves a variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and a second variance request to allow 22 lots to take access from a cul-de-sac, whereas, the Code states that the maximum number of lots permitted to take access from a cul-de-sac shall be 20. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 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. STAFF REPORT TO THE HEARINGS OFFICER 6668 PUBLIC HEARING SUB 98-MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 9 OF 24 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 TIF fee will be increasing to 1,899 on July 1, 1998). The applicant is being required to dedicate an additional 13 feet (4862 square feet) of right-of-way along SW Walnut Street and make improvements. 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 per square foot, it is estimated that the total cost of the dedication is $9724 (4862 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 $37,590 ($1,790 x 21 dwelling units). Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is. $117,469 ($37,590 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $37,590, the unmitigated impact can be valued at $79,879. Given these estimates ($9,724 dedication), the conditions of approval are more than roughly proportional to the impacts. In addition, the applicant has concurred with the improvements and dedication on SW Walnut Street and the construction of SW 114th Court. PRELIMINARY SUBDIVISION PLAT APPROVAL STANDARDS 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. As will be discussed further in this decision under APPLICABLE CODE SECTIONS, the proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as, with the applicable policies and regulations of the R-4.5 zone and other applicable ordinances and regulations of the Tigard Development Code. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant provided evidence of the subdivision name reservation from Washington County. The proposed name of the subdivision, "Walnut Glen", is not duplicative of any other plat recorded in Washington County. 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 10 OF 24 The site does not abut 001perties with approved plats that fluid require conformity or connectivity. Therefore, this criteria is not applicable. Street and connectivity standards are discussed in more detail further in this decision. 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. The improvements are discussed in detail and conditions applied, if necessary, further in this decision. FINDING: Based on the above analysis, staff finds that the subdivision plat approval standards have either been met outright, do not apply or are discussed and conditioned in further sections of this decision. APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS Dimensional Requirements (Section 18.50): Section 18.50 states that the minimum lot area for each single-family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet. The proposed lots range between 7,507 and 8,347 square feet. Three of the lots are panhandle lots and staff can not confirm that the square footage indicated is exclusive of the access drive. As will be discussed further in this decision, the access width for the panhandle lots are not adequate and will need to be enlarged to 25 feet. This will most likely reduce the square footages to such an extent that at least one lot could be lost. The applicant must provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement exclusive of access drives. As indicated on the site plan, all proposed lots exceed the 50-foot minimum lot width requirement. Development Standards: Section 18.50.050 contains standards for the R-4.5 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 Feet Front setback 20 Feet Garage setback 20 Feet Interior side yard setback 5 Feet Corner side yard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks for homes on lots 1-5 and 7-22 will be reviewed during the building permit review process. It appears that the setbacks for the house to remain on lot six (6) do not meet the front and rear yard setback requirements. The applicant must submit a revised plan (after all required adjustments are made) that shows the proposed setbacks for the existing structure to remain on proposed lot six (6). Applicable Comprehensive Plan Policies STAFF REPORT TO THE HEARINGS OFFICER 6AM PUBLIC HEARING SUB 98.0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 11 OF 24 Citizen Input: Policy 2.1 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 December 18, 1997 and February 11, 1998. 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 it continues to allow for low density residential development. By providing close to the maximum density, the development is better meeting the City's density needs, and thus contributing to the diversity of housing. Sensitive Lands: Section 18.84 defines sensitive lands and provides standards for review of properties with sensitive lands The are no sensitive lands identified on the site, however, there is a wetland area off site in the direction of Summer Creek. The required wetland buffer is 25 feet. This buffer applies even if the wetland is off-site. The wetland buffer is discussed under Public Facility Concerns in relation to the water quality facility. Solar Access - Section 18.88.040 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. As depicted on the plan, six (6) of the 22 lots (27%) satisfy the basic criteria. Section 18.88.040(E) provides for adjustments to the 80% design standard if compliance would, among other factors cause adverse impacts on density or increases in development costs. The applicant contends that both of these factors are applicable to the subject site due to the fact that compliance would cause a reduction in the proposed lots causing a loss of density and a corresponding increase in development costs. As per the provisions of Section 18.88.040 (E)(1)(a), connection into the existing roadway pattern is required by this application which does not allow compliance with the 80% design standard. In any case, all future single-family detached residences constructed on the subject site will be reviewed for solar balance point standards through the building permit process. Densi : Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public.roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. STAFF REPORT TO THE HEARINGS OFFICER 618198 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 12 OF 24 10 The gross area of the site5.06 acres (220,413 square feet). te net developable area of the site, after deduction of .68 acres (29,620. square feet) for public right-of-way and .30 acres (13,068 square feet) for private streets, is 177,725 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to 23 lots under the R-4.5 zoning designation. The applicant is proposing 22 lots including the lot for the existing residence. The proposal is, therefore, in compliance with density calculations. Please note, however, that due to how lot sizes are calculated, it is not always possible to fit the maximum number of units permitted. As will be discussed further in this decision, the applicant may end up losing at least one lot in order to provide the required lot area for all lots. Landscaping and screening (Section 18.100) 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. Street trees are shown to be planted along the newly constructed public street (SW 114th Court) and SW Walnut Street. The trees along SW Walnut Street are spaced approximately every 30 feet. The trees shown along SW 114th Court range in spacing between 50 and 80 feet. This proposed spacing does not meet the standards. The applicant will need to modify the street tree plan along SW 114th Court to provide the required spacing based on the size of the tree at maturity. Buffer Matrix (Section 18.100.130): 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 development abuts single-family residential development. Visual Clearance Areas (Section 18.106): 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 STAFF REPORT TO THE HEARINGS OFFICER 618198 PUBLIC HEARING SUB 98-MINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 13 OF 24 where no curb exists, Rm the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet .are removed. This standard will be reviewed at time of development for individual lots. A required street tree at the SW Walnut Street/114th Court intersection appears to be in the vision clearance triangle. A revised plan must be submitted that shows the vision clearance triangle will be in compliance with the standards of the Tigard Development Code. Off Street Parking (Section 18.106): 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 for the individual lots. Access, Egress and Circulation (Section 18.108.070.A): This Section states that 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. Based on the lot frontages, however, each lot has the ability to provide a minimum 10-foot-wide driveway. The plan shows the private drives (Tract "D", "B" and "C") will provide the required 25-foot access width. 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): 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 144 trees, 12-inch caliper or greater on the site and 32 of those are considered hazardous. The revised narrative states that the proposal will be retaining 33 of the remaining 112 trees. According to these figures, the applicant is retaining 29% of existing, non-hazardous trees 12 inches in caliper or greater and, is thus, required to provide 75% mitigation for those caliper inches removed. STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 14 OF 24 The applicant has indicatOthey will mitigate these trees by a orribination of oversizing the required 2-inch caliper trees with 3-inch caliper trees, planting a minimum of two (2) trees on each lot and fee mitigation payment to the City. Prior to final subdivision plat the applicant must provide the exact number of caliper inches removed and complete the mitigation by planting or bonding for the required trees and/or paying into the tree mitigation fund. If the final number of trees removed is greater than 75%, the applicant must comply with the full 100% mitigation. Section 18.150.045.6 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 18.130.8., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree(s) may be removed only if the tree dies or is hazardous according to a certified arborist. The applicant has not proposed a deed restriction for trees to be retained. In order to comply with these standards, prior to the recording of the final plat, the applicant shall record a deed restriction for those trees that are to be preserved. Prior to issuance of building permits on individual lots, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Improvements: Section 18.164.030(A) states that no development shall occur unless the development has frontage or approved access on a public street and requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. Southwest Walnut Street is classified as a major collector and SW 114th Court will be a local street. The dedication and improvement standards are discussed and conditioned further in this decision under PUBLIC FACILITY CONCERNS. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. 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 which shows Tract "C" extended to serve as a hammerhead providing access to a large undeveloped lot to the east (Tax lot 00403). Initially, it was expected that a public street could be extended through this property and loop back to SW Walnut Street. It is staff's understanding that this is not feasible due to the topography on the adjacent lot, however, this is not confirmed. The property to the east is 2.41 acres and could get 11 lots based on density alone (the actual number of lots possible may be much less due to topography and/or sensitive lands). If Tract "C", a private drive, STAFF REPORT TO THE HEARINGS OFFICER 8/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 15 OF 24 were permitted as the only access to this lot, it would limit de• pment to six (6) lots or a planned development. Any development on this lot would further increase the number of lots accessing off of a cul-de-sac. The issue of Tract "C providing access to the east is discussed in more detail further in this decision. The property to the west is developed as a single-family subdivision and is not expected to re-develop. The property to the north is wetland area and Summer Creek, therefore, it is not likely for a street to be extended to the north. 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. The criterion is satisfied because SW 114th aligns directly across from the existing street, extending to serve the site. Existing Rights-of-way: Whenever existing right-of-way adjacent to or within a tract are of less than standard width, additional right-of-way shall be provided at the time of subdivision or development. Right-of-way dedication for SW Walnut Street is discussed in more detail further in this decision under PUBLIC FACILITY CONCERNS. Cul-de-sacs: Section 18.164.030(1) 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 500 feet and to allow more than 20 lots to access a cul-de-sac. Staff is recommending approval of the variance requests based upon the findings as contained in Section 18.160.120 of this report. 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 only 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 to take access from the private drive identified as Tract "D". The private drive identified as Tract "B" could potentially provide access to seven (7) lots, however, two (2) of those lots have access on SW 114th Court. The applicant must provide a deed restriction for either lot 10 or 16 prohibiting access from the private drive to insure that no more than six (6) lots take access from the private drive. Since no maintenance agreement has been proposed, the applicant shall be conditioned to provide for a bonded maintenance agreement or a homeowner's association for future maintenance of the street. The issue of Tract C being a public street versus a private street is discussed under PUBLIC FACILITY CONCERNS. STAFF REPORT TO THE HEARINGS OFFICER 6MM PUBLIC HEARING SUB 98-0001NAR 984=2 WALNUT GLEN SUBDIVISION PAGE 16 OF 24 Block Design: Section 9164.040(A) states that the lengtht;dth 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(8)(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 cul-de-sac does not and can not form a perimeter block or decrease the block length. However, this development is exempt, because a street could not be extended to the west due to existing development, to the north due to wetlands and Summer Creek or to the east due to existing topography. A cul-de-sac, therefore, is the only option given the natural topography, wetlands and pre-existing development. 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. A pedestrian access will be available upon the construction of a public street to stub at the eastern lot as discussed in more detail under PUBLIC FACILITY CONCERNS.. 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 or 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 1-3, 5-7 and 9-12 comply with this standard. Lots 4, 8 and 13 provide only 15 feet of frontage. A revised site plan must be submitted that provides all lots with 25 feet of frontage onto a public or private street. Because the lot sizes are so close to the minimum and the access is excluded from the lot area square footage, an increase in the area reserved for a panhandle drive may result in the loss of at least one lot. A final plat with less than 22 lots, however, will be in substantial conformity with this proposal and can still be approved. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 17 OF 24 Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. The applicant must install half-street improvements along SW Walnut Street and will be required to construct full street improvements for the new street. Standard street improvements include sidewalks. City standards do not require sidewalks on private streets. Subdivision Variance - Maximum length and number of lots served by a Cul-de-sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. The 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 can not be extended to adjacent lots with the exception of the lot to the east. In this case, the street would still need to terminate in a cul-de-sac due to the topography on that site. Because of the special circumstances, the applicant has no choice but to provide a cul-de-sac. 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 street extensions limit the proposal to a cul-de-sac. The density permitted for this combination of lots is 23 lots. If the cul-de-sac were permitted to be no greater than 400 feet, it would limit the number of lots able to be developed. In addition, the variance to the maximum number of lots permitted to access a cul-de-sac is needed to provide more closely, the density permitted in this zone. 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 500-foot cul-de-sac and allow two (2) additional lots to have access from the cul-de-sac, will not be detrimental to the public or injurious to the rights of other properties. Granting the variance for the length of the cul-de-sac would allow the length to be 100 feet longer than permitted. The applicant is providing adequate tum-around on the cul-de-sac bulb and the width of the street is sufficient to allow emergency vehicles to pass with parking on both sides. 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. If the regulations were strictly enforced, the property would have to develop fewer lots which would not allow for the most economic and efficient use of the STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-OWlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 18 OF 24 land. The variance requMed is the minimum necessary to pterve the full development potential of the site and allow the development of the property to a density close to the maximum permitted in the code. PUBLIC FACILITY CONCERNS: Streets: This site lies adjacent to SW Walnut Street, which is classified as a major collector street on the City's Transportation Plan map. Although Walnut Street is still under Washington County jurisdiction, the City entered into an intergovern mental agreement with the County to provide planning and engineering services within the Tigard area. The agreement places the City responsible for planning and engineering decisions related to SW Walnut Street. The roadway is currently paved, within a right-of-way (ROW) measuring approximately 20 feet north of the centerline. The ROW requirement for Walnut Street is 66 feet overall (33 feet from centerline). The ultimate paved width of this roadway will be 44 feet overall. The existing paved improvement is not built to current City standards for width and structural . section, so in order to mitigate the additional traffic that will be generated from the project, the applicant will be required to construct a half-street improvement along the frontage of the site. The applicant's plans indicate that they will provide the half-street improvement. Construction plan review and improvement inspection will be coordinated by the City. The applicant also indicates that they will dedicate additional ROW on the final subdivision plat to provide 33 feet from centerline to meet City standards. The applicant submitted a traffic analysis by Lancaster Engineering, dated February 17, 1998, indicating that this project will generate approximately 191 new vehicle trips during an average weekday. Of these new trips, approximately 15 trips will be added to the AM peak hour (an increase of approximately 1.4 percent) and 20 trips added to the PM peak hour (an increase of approximately 1.7 percent). The small increase in traffic resulting from this project is insignificant and does not warrant additional off-site transportation improvements. Proposed Street Layout The applicant's plan indicates that a new local residential street, SW 114th Court, will extend northerly from Walnut Street at the intersection of SW 114th Terrace. Staff approves of the location of the new street because it aligns with the existing centerline of SW 114th Terrace. The proposed street name, however, will need to be modified to comply with City and Washington County addressing policies. The new street name will need to be "SW 114th Place", not "Court". This change can be made on the final plat and the construction drawings for the public improvements. The new public street is proposed to be built within a 46-foot ROW and have a paved width of 28 feet. These widths are allowable by the Community Development Code (CDC), but the narrower width necessitates a no parking restriction on one side. The applicant will need to provide "No Parking" signs along one side of the new street. STAFF REPORT TO THE HEARINGS OFFICER 6MM PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 19 OF 24 The applicant provided a "Future Streets Plan" to show how tostreet layout in this project may serve future development, particularly to the east. However, the plan is not very detailed regarding future development of the property immediately east of the private street labeled as Tract C (Tax Lot 403, WCTM 2S1 03AB). Any future development of the adjacent property would necessitate that access be taken from the private street (Tract C). Engineering and Planning staff discussed this issue and believe that a public street stub should be extended to the adjacent undeveloped property to assure adequate public street access for future lots. This would also prevent future disputes regarding access rights to a private street and limitations as to the number of lots that can be served from a private street (the CDC allows only six lots to be served from a private street). The topography on Tax Lot 403 may limit where a public street can be built, so the applicant will need provide a plan and profile of the future street stub to show how it can be constructed on the adjacent property. The "Future Streets Plan" should also be revised to show a realistic lotting pattern for Tax Lot 403 to ensure that the street stub is placed in an appropriate location. This additional information will need to be reviewed by the Planning and Engineering departments prior to construction of the public improvements. The street stub shall be of the same pavement and ROW width as SW 114th Place. Proposed Private Streets The plan proposes a total of three private streets (Tracts B, C and D). Previously, the replacement of Tract C with a public street stub was discussed. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Both Tracts B and D would serve five and three lots respectively, which would comply with the TMC. 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 on the private streets. Water: This subdivision will be served from the City's public water system. There is an existing main water line in SW Walnut Street that can be connected to for the new water line in SW 114th Place. The Public Works Department submitted comments regarding this application indicating that they will need to review a detailed plan of the proposed water system for this project. The detailed review would take place as a part of the overall plan review for the public improvements. Public Works indicates that the minimum water line size to the first fire hydrant will be 8 inches. A second hydrant will likely be required at the end of the cul-de-sac to provide fire protection to Lot 13. A 4-inch line will be required to be extended to north end of Tract B. Line size in Tract C will be dependent upon potential lotting patterns for Tax Lot 403 (NOTE: this is another reason why the applicant must submit a revised "Future Streets Plan" for review). STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 20 OF 24 Regarding main line loca'ITons, the City requires them to be aced on the east or south side of public streets and 6 feet from the face of curb. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line located adjacent to the west • boundary of this site and an 8-inch line in Walnut Street partly fronting the site. The applicant's plan indicates that they will connect to the existing 8-inch line adjacent to the western boundary near the north end of the site and extend a new main line inside of the project within the public and private street system. A public sewer line will also be extended to Tax Lot 403 for future extension. In general, Staff approves of the preliminary sewer layout, but has a concern about access . to the downstream manhole at the very north end of the site at the northeast comer of Lot 13. It appears that the applicant is proposing to provide access to the water quality facility in Tract A and the downstream manhole via the new driveway for Lot 13. The plan shows Lot 13 as a flag lot with only 15 feet of street frontage. Planning will comment elsewhere in this report about the minimum lot frontage required in a subdivision. Staff is concerned that if access to City facilities is combined with a private driveway, there will be conflicts between parked vehicles and City maintenance equipment attempting to reach the City facilities. Staff recommends the applicant be required to provide one access to the downstream sanitary sewer manhole and Tract A, and a separate access to Lot 13. The access to the manhole and Tract A could be placed within Tract A; the size of Tract A may need to be enlarged to accommodate the access. Storm Drainage: The topography of this site falls primarily to the northeast toward Summer Creek. Summer Creek is located near the northeast comer of the site. The applicant submitted a downstream analysis in accordance with Unified Sewerage Agency standards indicating the additional storm water runoff from this site will not have an adverse impact on the downstream system. Storm water from the site is proposed to be directed to the northeast corner of the site into an on-site water quality facility (Tract A). From there, the storm water will be conveyed across Tax Lot 4200 (WCTM 2S1 03AB), which is an open space tract owned by the City of Tigard, into Summer Creek. The plan indicates that the applicant will request two easements from the City to allow construction of two outfalls from Tract A. Any off-site easements needed shall be obtained by the applicant prior to construction. 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-OWlNAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 21 OF 24 As was discussed abovee,, the applicant proposes to constlr ct an on-site water quality facility in Tract A. Since this facility will be treating storm water runoff from a public street, it will need to be constructed to meet public standards and will eventually be maintained by the City. The applicant will be required to maintain the facility for a period of three years after the conditional acceptance date of the public improvements. The facility will need to be placed within a tract, as shown on the preliminary plan, and conveyed to the City on the final subdivision plat. As was stated previously, access to this facility by City maintenance vehicles is required. The construction plans shall indicate a paved maintenance roadway to City standards that will enable vehicles to access the control structure(s) of the facility. This maintenance roadway would also be used to access the downstream sanitary sewer manhole at the northeast corner of Lot 13. 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 Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. 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 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. Adiacent Wetland Area The preliminary plan and project narrative indicate that wetland areas on the City-owned open space (Tax Lot 4200) adjacent to Summer Creek come within 15 feet of the northeast comer of this site. The water quality facility in Tract A will potentially encroach into the USA- required 25-foot buffer adjacent to the wetland. However, the USA standards indicate thata water quality facility can encroach up to 10 feet inside of a wetland buffer provided a wider buffer is provided elsewhere along the wetland. Staff is of the opinion that the minor STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001/VAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 22 OF 24 encroachment from Tract will fall within the acceptable limitsothe USA criteria and there is additional land area on Tax Lot 4200 that provide a much wider buffer than 25 feet. Therefore, Staff does not oppose the location of the project with respect to the adjacent wetland. Existing Overhead Utility Lines: There are existing overhead utility lines along SW Walnut Street. 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 375 lineal feet; therefore the fee would be $ 10,312.50. FINDING: Based on the analysis above, the APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS have not been met. The standards can be met, however, if the applicant complies with the conditions of approval summarized at the beginning of this decision. If the conditions are met, staff can determine that the standards have been met and approval can be granted. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: The cul-de-sac shall have an outside turning radius of 45 feet. The storm drain lateral must be extended to lots 4,5,8,9,7,10,12,13,14 and others having foundation drainage below street level. The water plan is not complete: Provide fire hydrant at entrance to subdivision at SW Walnut Street and a fire hydrant within the cul- de-sac. No portion of a house shall be more than 500 feet from a fire hydrant. Private streets less than 28 feet wide shall have "no parking signs" and curb markings as required by UFC 902.24 and 901.4-5.2. Provide proper turning radius into Track C drive. Installation of private storm drainage system per Oregon Plumbing Specialty Code (OPSC). The City of Tigard Police Department has reviewed this proposal and has offered no comments or objections. The City of Tigard Water Department has reviewed this proposal and has offered the following comments: The developers engineer must provide detailed plans on sizing/location of water facilities. The minimum line size to the first fire hydrant is 8 inches and a second fire hydrant will be required at the cul-de-sac to provide fire protection to lot 13. Also, we will require that a 4-inch water main be extended to the north end of Track B. Line size in Track C is dependent upon future layout of the parcel owned by Cloud. Water main placement is east and south of the street - six feet from face of curb (in front) STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 23 OF 24 SECTION VI. AGCY COMMENTS • The Unified Sewerage Agency has reviewed this proposal and has offered comments that have been incorporated into this decision under PUBLIC FACILITY CONCERNS. Tualatin Valley Water District, Washington County, US West, Portland General Electric (PGE), TCI cable, General Telephone, and NW Natural gas have also had the opportunity to review this application and have offered no comments or objections. ( SUBDIVISION APPROVAL"SHALL'BE VALID;ONLY IF THE FINAL PLAT IS SUBMITTED TO THE CITY OF TIGARD WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. May 28, 1998 PREPA BY: Julia Ha' uk DATE Associate Planner . -..O May 28, 1998 APPROVED BY: Richard Be dorff DATE Planning nager i Acurplnvul ia\sub98-01.doc STAFF REPORT TO THE HEARINGS OFFICER 618198 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 24 OF 24 LEF04 HEIGHTS No. 2 1 v OV {fir y l 1 1 a ye ya~'~ AV 10 b it 3f ti m l / = to ~ • ~ ~ - f .•`y co C III,.... \V . now- PLANNING QIVt -s" CITY OF TIGARD i c 0 J GEOGRAPHIC INFORMATION SYSTEM cud O a VICINITY MAP Z Z LM ~ TGA D U O M NE T ~ 41 > SUB 98-0001 D T -ww~-suw-o ERINE S WALNUT GLEN Y In SUBDIVISION p~ s~ a L W 3 co N SW SAMBI IN F RA SW E L T N i- b 5 N 0 400 800 Feet P V- 526 feet ff CARMEN ST Z f 3 ~~\NpER City of Tigard pP Information an this map Is for general location only and B T F Should be verified Md3 Ule ~ H Dev toprrnent Services Division. WA Tigard. OR 97223 (S03) 639171 ntWJA WW.d.tlgard.or.us Community Development Plot date: Mar 9, 1998; cAmagiclmagicol.apr r EXHIBIT B Bill Wagoner Jack Woolard Riverside Homes 11675 SW Linn 16666 Greenbrier Pkwy., Suite 140 Tigard, OR 97223 Beaverton, OR 97006 Ken Sandblast Compass Corporation 6564 SE Lake Road Milwaukie, OR 97222 2S103AB, 00600 Eva Sweeney 11455 SW Walnut Tigard, OR 97223 2S103AB, 00700 Wayne Thompson 12480 SW 112th Avenue Tigard, OR 97223 2S103AB, 02000 Kent and Brenda Wizer 11405 SW Walnut Tigard, OR 97223 2S103AB, 02100 Ken Kvarnstrom 16200 SW Pacific Highway, #108 Tigard, OR 97223 2S103AB, 02200 Diane Kvarnstrom 12345 SW Conestoga, #55 Beaverton, OR 97006 John Fulton 12200 SW 116th Avenue Tigard, OR 97223 Jerry A. Bennett 11345 SW Walnut Street Tigard, OR 97223 [PAGE 10F 11 Claudia Cloud 11285 SW Walnut Street NOTICE OF FINAL ORDER BY THE HEARING'S OFFICER Tigard, OR 97223 SOB 98-0001/VAR 98-0002 WALNUT GLEN SUBDIVISION hApatty\docs\sub98-01.Ibs AFFIDAVIT OF MAILING CITY Of nQARD Community (Development S6ap09A Better Community SZVT OAF OUgOX ) County of `G ashington ) ss. City of 2'sgard ) I, Patricia G. Gunsford being first duly swom/affirm, on oath depose and say that I am an Administratim SpeciaCut II for the City of ?Tgar4 Washington County, Oregon and that I served the following: P**Ao -tft eo(s) a m j . ❑ NOTICE OF DECISION FOR: ❑ AMENOEC NOTICE (Fat No.Mame Re1w-) ❑ City of Tigard Planning Director ❑ NOTICE OF PUBLIC NEARING FOR: C ❑ AMENDED NOTICE tae No.Mame Refaenoe) (Date d Pubk Haft ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council 06 NOTICE OF FINAL ORDER FOR: &Iylq ❑ AMENDED NOTICE ) d Pubie Me=V o / City of Tigard Planning Director V Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF: FOR: (TYPWd d Noboe) (File NoAbr m Re*eme) (Dam d Pubic Hemag, a avocad.l A copy of the PUBUC NEARING NOTICEINOTICE OF OECISION/NOTICE OF RNAI ORDER/OTHER NOTICEISI of which is attached, marked E1t111mR "A". 4.7ile to each n d person(s) at the address(s) shown on the attached list(s), marked adllbt[ " , ay on the d of 1998, and deposited in the United States Mail on the day o1998, postage prepaid. (Person that Prepared Notice) Subscribed and sworn/affirmed befo a me on the day of , 19 OFFICIAL SEAL DIANE M JELDERKS NOTARY PLIBLIC•OREGON COMMISSION NO. 046142 MY COMMISSION EXPIRES SEPTEMBER 07, 1999 N ABY PUBLIC OF 6RFAON 2 My Cannnission Eamesw. i CITY OF TIGARD Community Development Sh i A Better Community PROPOSAL DESCRIPTION 120 DAYS -:c 8/1/98 FILE NO(S): SUBDIVISION (SUB) 98-0001 VARIANCE [VAR] 98-0002 FILE TITLE: WALNUT GLEN SUBDIVISION APPLICANT: Bill Wagoner APPLICANT'S Ken Sandblast Riverside Homes REPRESENTATIVE: Compass Corporation 16666 Greenbrier Parkway, Suite 140 6564 SE Lake Road Beaverton, OR 97006 Milwaukie, OR 97222 (503) 645-0986 (503) 653-9093 FAX: (503) 653-9095 OWNERS: Eva Sweeney, Wayne Thompson, Kent & Brenda Wizer, Ken Kvarnstrom, and Dianne Kvarnstrom (Ownership location and addresses available upon request). REQUEST: The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.150, 18.160 and 18.164. CIT AREA: Central CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: DATE COMMENTS DUE: MONDAY APRIL 27,1998 X HEARINGS OFFICER DATE OF HEARING: MONDAY-6/8/98 TIME: 100 PIN PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 PM CITY COUNCIL DATE OF HEARING: TIME: 7:30 PIN COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISIO7 VICINITY MAP X LANDSCAPE PLAN NARRATIVE N SITE PLAN X TREE PLAN X TRAFFIC IMPACT STUDY X ARBORIST REPORT X DRAINAGE PLAN X WETLANDS INVENTORY A STAFF CONTACT: Julia Powell Haiduk, Associate Planner (503) 639-4171 Ext. 407 SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PROPOSAUREOUEST FOR COMMENTS \I SUBDIVISION APPLICATION 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 6847297 CITY OF TIGARD PRE-APP. HELD WITH: GENERAL INFORMATION DATE OF PRE-APP.: North side of Walnut Street Property Address/Location(s): FOR STAFF USE ONLY at intersection with S.W. 114th Terrace CaseNa s ~ 2S-1W-3AB o Tax Map & Tax Lot #(s): Other Case No. (s): Tax Lots 600, 700, 2000, 2100 & 2200 Fes::- . ::.3'Lo:S7? Receipt No.._. Site Size: 5.06 Acres Application Accepted 8y Date sZ yZ ~a Property Owner/Deed Holder(s)': Address: - Phone: Date Determined To: Be Complete:. City: Zip: Applicant': Comp Plan/Zone Designation: D:y Address: Phone: City: Zip: 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;,`ar3iss ita nVrtasterslgutiapp.d« 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: 5.06 Ac. parcel into 22 lots between Application Form C] . Owners Signature/Written Authorization 7,507 and 8 400 square feet in size. ltle Transfer instrument or Deed TWA. CO. Subdivision Name Approval Site/Plot Plan (provide any additional information here) of copies based on pre-app check list) g-"-Site/Plot Plan (reduced 81/:"x 11") Applicants Statement of copies based on pre-app check list) &'*_Aling Fee (Preliminary Plat) $2,125.00 ~Z3yS-,~t✓4 f $10 Per Lot) (Final Plat) $ 295.00 1 I List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: 1 Variance to the cul-de-sac standards of Section 18.164.030(K) APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SMALL CERTIFY THAT: • The above mquest does not violate any deed restrictions that may be attached to or imposed upon the subject prown• • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of .19 Owner's Signature Owner's Signature Owner's Signature Owner's Signature 2 1 02/17/1998 08:36 5036539=5 COMPASS ENGINEERTNG PAGE 03 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: 1 Variance to the cul-de-sac standards of Seccion 18.164.030(K) APPLICANT'S: as To consider an application complete, you will need to submit ALL of the REQUIRED suaMEJALSIMEM described on the front of this application In the "Required SubMKUI Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • f If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit Issued, based on this application, may be revoked if it is found that any such statements are faise. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements far approving or denying the application- $1GNATURES of each owner of the subject property. DATED this day of 19 pwn~s Sig lure Owners Signature Owner's Signature Owner's Signature 2 02/17/1998 08:36 5036539 11 COMPASS ENGINEE TNG PAGE 03 List any VARIANCE OR OTHER LAND USE ACTIONS to ba considered as part of this application: Z Variance to the cul-de-sac standards of Section 18.164.030(x) APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMEM&I--ELEMEM as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, far all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: is that may bla attgiche4 to or l The abgve mUest dogs not v' ammo- . If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the condidons and limitations of the approval. All of the above statementS and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit Issued, based on this application, may be revoked if it is found that any such statements are false. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this + day of-RP 190 Owner's Signature Owner's Signature Own is Signa re Owner's Signature 2 02/17/1998 08:36 5036539. COMPASS ENGINEd&G PAGE 03 List any VARIANCE OR OTHER LAND USE ACTIONS to b4 consldered as part of this application: Z Variance to the cul-de-sac standards of Seccion 18.164.030(K) APPLICANTS: To consider an application complete, you will need to submit ALL of the as described on the front of this application In the "Required Submittal Elements" box. (Cetailed Submittal Requirement Intormaticrn sheets can be obtained, upon request; for ail types of Land Use Applicatians.) THE APPLICANT(S) SHALL CE"II Y THAT: • The above Ma e t dn9e not violate a de restrictions ~ that may be atUcheo to or Imposed upon-the yulpil- 1111MMMU If the application is granted, the applicant will exercise the rights granted in accordance with Vie terms and subject to all the conditions and limitations of the approvaL • All of the above statements and the statements in the piet plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based an this application, may tse revoked if it is found that any such statements are false. The applicant has read the enure contents of the application, including the policies and criteria, and unders=ds the reCUirement5 for approving or denying the application. SIGNATURES of samh owner of the subject property. DATED this day of 19 hers Signature Owner's Signature Ownees Signature Owner's Signature 2 VARIANCE APPLICATION 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 CITY OF TIGARD PRE-APP. HELD WITH: GENERAL INFORMATION DATE OF PRE-APP.: Property Address/Location(s): North side of Walnut Street FOR STAFF USE ONLY at intersection with S.W. 114th Terrace .-Case No.(s): f 9S' Tax Map & Tax Lot #(s): 2S-1W-3AB Other:Case No. (s): 5 (A ?CK 00 a Tax Lots 600, 700, 2000, 2100 & 2200 Receipt No..'s :7 C)5 Site Size: 5.06 Acres Application Accepted By: Property Owner/Deed Holder(s)': Dater ado Address: Phone: City: Zip: Date Determined To Be Complete: Applicant': Comp Plan/Zone Designation: Address: Phone: City: Zip: - CIT Area When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written ice: 8/29iss i:luiipln4naste..fsX ar. ...c . authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property request permission for a Variance to the following provision(s) of the Community Development Application Elements Submitted: Code (please be specific): Variance to the cul-de-sac design standards ❑ Application Form ❑ Owner's Signature/Written Authorization of Section 18.164.030(K) ❑ Title Transfer Instrument or Deed ❑ Site/Plot Plan (81/:"x 11 of copies based on pre-app check list) ❑ Applicant's Statement of copies based on pre-app check fist) ❑ Filing Fee. (Administrative) ..............$545.00 (Flexible Setback) $390.00 (Hearing's Officer) $535.00 (Sign Code) ....................$535.00 (Subdivision) $505.00 1 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: Twenty two lot preliminary subdivision plat application. APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject provedy. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and. criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of 19 Owner's Signature Owner's Signature Owner's Signature Owner's Signature 2 02/17/1998 08:36 503653 5 COMPASS ENGINEERING PAGE 05 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: Twenty two lot preliminary subdivision plat application. APPLICANTS: To consider an application complete, you will need to submit ALL of the RF;QUIRED SUEMITTA EL ENTS as described on the front of this application in the "Required Submittal Elements" box, (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: any dead rostd;t*ons that may be d or imposed upon he u ec a The above teguest does not violigg Qi4.f~et7x. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application- SIGNATURES of each owner of the subjeot property, DATED thiday of 19 Owne Signature Owner's Signature Owner's Signature Owner's Signature 2 02/17/1998 08:36 5036535 COMPASS ENGINEERING PAGE 05 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: -Twenty two lot preliminary subdivision plate application. APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box, (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications) THE APPLICANT(S) SHALL CERTIFY THAT: • The above teauest does not violate any deed restrictions that maybe attachgdSo or imposed upon the subject Rl W% 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- s All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true: and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application- SIGNATURES of each owner of the subject property, DATED this day of 1 C /J 15~ O Owners Signature Owner's Signature Ow er's Signature Owner's Signature 2 02/1?;1998 08:36 50365390 COMPASS ENGINEEO PAGE 05 List any VARIANCE OR OTHER VINO USE ACTIONS to be considered as part of this application: Twenty two lot preliminary sut>division plat application. APPLICANTS: To consider an application complete, you will need to submit ALL of the RMUIR gUOMITTA ELEMENTS 85 described on the front of this application in the "Required Submittal Elements" box, (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: The above teauest does not violate anv deed restrictions that may beattachgd So or imposed upon the subject Rrage►mb 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 plat plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application- SIGNATURES of sigh owner of the subject property, DATED this day of g~ Owner's Signature Owner's Signature Zl&d Owner's Signature Owner's Signature 2 Feb-26-98 01:57P P.02 FROM iPACIFIC METAL CO PTLO TO z 191&2-25 14159 #014 P. 06;109 February 25, 1998 t, Ken Kvamstrom, authorize Riverside Homes, Inc. to submit applications for subdivision and variances for tax lot # 2S 103 AB 2100. Having no knowledge of the contents of these applications, I cannot make any certification of their content. Ken Kvamstrom 20'd W3-a NIltntKu 8T:TT 866L-SZ-83d 1 Feb-26-98 01:57P • P.03 FROPI : PAC 1 F I C METAL CO PTLD TO 1 2-2S 14: S9 #014 P. 07,'09 C8 'd -d1Al February 25, 1998 1. Dianne Kvarnstrom, authorise Riverside Homes, Inc. to submit applications for subdivision and variances for tax lot # 2S 103 AB 2200. Having no knowledge of the contents of these applications, l cannot make any certificatlon of their content. t Dianne Kvarnstrom 'W313 Nlldll Bt:tt 866t~S2-83~ IM 'd Aik Now I CITY OF TIGARD April 9, 1998 OREGON Ken Sandblast Compass Corporation 6564 SW Lake Road Milwaukie OR 97222 RE: Notice of Complete Submittal SUB 98-0001NAR 98-0002 Walnut Glen Subdivision Dear Mr. Sandblast: Staff has received the addendum packet to your original submittal for the 22 lot subdivision and cul-de-sac variances off of SW Walnut Street; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. After reviewing this additional information, staff has deemed your application complete and will schedule the proposal for review before the Hearings Officer on June 8, 1998. Please feel free to contact me concerning this information or if you have any questions. Sincerely, I~A Julia Powell Haj k Associate Planner iAcurpln~ ulia\rivrside2.acc c: SUB 98-0001 land use file 1998 Planning correspondence file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • • RECEIVED N COMPASS CORPORATION9 3 1998 ENGINEERING - SURVEYING - pL%q fV &; DEVELOPMENT W + E S 6564 S.E. LAKE ROAD (503) 653-9093 MILWAUKIE, OREGON 97222 FAX (503) 653-9095 March 20, 1998 Ms. Julia Powell Hajduk City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE. File No. SUB 98-0001- Walnut Glen Subdivision Application Completeness Response Dear Ms. Hajduk: The enclosed addendum package is submitted to supplement the February 26, 1998 original application submittal documents for File No. SUB 98-0001-05, a twenty two lot subdivision application for Riverside Homes. This letter and enclosed materials respond to the City of Tigard's March 4, 1998 Notice of Incomplete Submittal letter requesting additional information in order to deem File No. SUB 98-0001 complete. Enclosed is information provided in response to all seven items listed in the March 4, 1998 incompleteness letter. Included are: a list of the property owners for each of the tax lots involved in this application, minutes of both neighborhood meetings held to discuss this proposal, an aerial map of the subject site and surrounding area showing existing structures adjacent to the subject site, additional information for the downstream analysis, a copy of draft deed restrictions for the project, and revised preliminary plat illustrating the requested information. Also enclosed with this letter is additional information involving the tree plan for the subject site. To insure minimal impacts to the existing trees due to this proposal, a second professional consulting arborist has been retained by Riverside Homes for this project. The second arborist's memorandum and field note narrative are enclosed. A review of this material will reveal that an additional 552 diameter inches are recommended for retention thereby reducing the original 1890 inches being removed to 1338 inches. To mitigate for this 1338 inches, Riverside Homes proposes a combination of. oversizing the required 2" caliper street trees to 3" inch caliper trees, planting a minimum of two trees on each proposed lot and mitigation fee payment to the City of Tigard. A copy of an estimate acquired by Riverside Homes to purchase and plant Douglas Fir trees is enclosed with this addendum package. In addition, the proposed mitigation plan involves offering to plant trees on parcels adjacent to and in close proximity to the subject site. A Ms. Julia Powell Hajduk March 20, 1998 Page 2 copy of the memorandum sent to these property owners is included with this addendum package and one respondent has already raised the possibility of involvement with their tree planting organization to plant trees throughout the city. Please review this addendum submittal package and schedule this application for a hearing date at your earliest convenience. If you have any questions, please contact our office. Sincerely, Kenneth L. Sandblast Enclosure cc: Riverside Homes KLS:n:\plan\4072\compltnssltr.doc March 4, 1998 'rn CITY OF TIGARD Ken Sandblast Compass Corporation C(p n 6564 SW Lake Road o~ o Y '~-qr'A 1 Milwaukie, OR 97222 RE: Notice of Incomplete Submittal - SUB 98-0001 4dd~~''g1 Dear Mr. Sandblast: Staff has completed a preliminary review of the application materials submitted for the 22 lot subdivision and cul-de-sac variances off of SW Walnut Street; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. The following information is required before staff can consider your application complete and begin review: 1. List of the property owners for each tax lot You submitted the proof of ownership, however, staff is uncertain which lot belongs to which owner. In addition, weed the mailing address for all property owners involved in the proposal. v"'2. Minutes of the neighborhood meetings. Ok bf w9n1 3. Show site size and °dimensions and show existing structures within 25 feet of ,yo,~C 5,k the property. If there are no structures within 25 feet of the property, please submit P/9•, a letter explaining this. If there are structures within 25 feet of the property line, please submit an additional site plan showing this information. 4. Provide additional information for the Tree Plan. The Tree Plan submitted with the application needs to show the location, size and species of existing trees. The plan must identify the location of trees to be removed and retained. The plan must also indicate HOW the mitigation will be done (pay the fee for all trees, plant additional trees, oversize some required trees, etc.?). tAJ4~)-5 P;,,I4- $Gree,,, x,19_, . Street trees are not shown on the plans as was indicated in the narrative. 6. Provide additional information for downstream analysis. The City of Tigard Development Review Engineer (Brian Rager) indicates that you need a map that shows the drainage basin and the downstream system. Include calculations that back up the claim that you will only contribute 5% to the drainage volume at a point 5 114 mile downstream. You also need to clarify that the "culvert" that was up-sized as actually the bridge replacement that was completed last year by the City. Brian 10-4- has indicated that the new bridge can handle the flows from the entire drainage system. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 7. In addition, the following items were checked on the application checklist that we provided at the pre-application meeting but are missing from the application Submittal: Ak;' cc,-,- (,c_ ~M 7 / dtQ' q xisting drainage patterns, courses and ponds, 4 Location of existing fire hydrants; 4 Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans; Plan of the proposed water distribU#on system showing pipe sizes and the location of valves and fire hydrants; 4 Location of all area subject to inundation or storm water; and F f Proposed deed restrictions (if any). Some of the items listed above can be addressed in a written addendum. If any of the items are not applicable, please state such and include it in your addendum with a brief explanation as to why. Once the required information has been submitted, staff will deem the application complete, schedule the Public Hearing before the Hearing's Officer and begin the review process. Please feel free to contact me concerning this information or if you have any questions. Sincerely, Julia Powell Hajduk Associate Planner OzurplnljuliMriverside. acc c: SUB 98-0001 land use file 1998 Planning correspondence file 3/4/98 Letter to Ken Sandblast. Compass Corp. Page 2 of 2 RE: Incomplete Submittal for SUB 98-0001 .04/08/1998 12:35 5036539095 COMPASS ENGINEERING PAGE 01 N COMPASS CORPORATION ENGINEERING - SURVEYING - PLANNING w F 6564 S.E. Lake Road (503)653-9093 S MHwaukie, Oregon 97222 FAX (503)653-9095 TELECOMMUNICATION COVER LETTER PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: JULIA HAJDUK DATE: 4/8/98 CITY OF TIGARD FIRM: TIME: TELECOPIER N&4-7297 JOB/CLIENT 4072 FROM: x sAt1DBLAST # OF PAGES FOLLOWING: 1 ORIGINALS: ( ) Will be sent via Regular Mail ( ) Will be sent via Will NOT be sent COMMENTS : ,04/0811998 12:35 5036539095 COMPASS ENGINEERING PAGE 02 N COMPASS CORPORATION W f S TAX PROPERTY MAILING LOT OWNER ADDRESS 2S-1 W-3AB Tax Lot 600 Eva Sweeney 11455 SW Walnut Tigard, OR 97223 2S-1W-3AB Tax Lot 700 Wayne Thompson 12480 SW 112' Ave, Tigard, OR 97223 2S-1W-3AB Tax Lot 2000 Kent & Brenda Wizer 11405 SW Walnut Tigard, OR 97223 2S-1W-3AB Tax Lot 2100 Ken Kvarnstrom 16200 SW Pacific Hwy #108 Tigard, OR 97223 2S-1 W-3AB Tax Lot 2200 Dianne Kvarnstrom 12345 SW Conestoga #55 Beaverton, OR 97006 i Zf2~.y. • N COMPASS CORPORATION W E S TAX LOT PROPERTY OWNER 2S-1W-3AB Tax Lot 600 Eva Sweeney 2S-1W-3AB Tax Lot 700 Wayne Thompson 2S-1W-3AB Tax Lot 2000 Kent & Brenda Wizer 2S-1W-3AB Tax Lot 2100 Ken Kvarnstrom 2S-1W-3AB Tax Lot 2200 Dianne Kvarnstrom Mee./ q~o%~s RECEIVED PLANNING John Fulton 12200 S.W. 116'' Avenue MAR 0 5 1998 Tigard, OR 97223 CITY OF TOARD 590-3726 March 3, 1998 Mr. Ken Sandblast Compass Corporation 6564 S.W. Lake Road Milwaukie, OR 97222 Dear Mr. Sandblast: Who will be the legal representative(s) for Riverside Homes, Inc. with respect to issues that will arise surrounding the proposed development at 10865 S. W. Walnut Street in Tigard, OR? Has your application to the City of Tigard been filed? Sincerely, ' t John Fulton Richard Bewersdorff, Planning Manager, City of Tigard John Fulton 12200 S.W. 116`" Avenue Tigard, OR 97223 590-3726 March 3, 1998 Mr. Max Williams, for State Representative 7150 S.W. Hampton, Suite 110 Tigard, OR 97223 Dear Max: Thank you for your letter in response to my issues with the proposed development next to my property. This week end I helped my sister in law move out of a house on thirty acres in Mollala, Oregon. She was given two months notice by her landlord. The landlord wanted to build a new home on the property while my relative rented the existing old house. Clackamas County informed the owner that she could not build a second house on the property. All that she could do would be to remodel the existing house. So notice was given to the tenant. The site is surrounded by acres of farmland with no trees. Our land use laws will not allow the building of homes on what should be ideal property for a subdivision in Clackamas County. In the City of Tigard a developer can in fill four acres with 23 homes, cut all the trees, disturb all the adjacent residents, create more congestion and so on. I sincerely hope you can make a difference in Salem, if elected. The first property I bought was a townhouse in Lake Oswego. It was in Mountain Park and named Oswego Summit. After owning it a short time, we sold it. On the final inspection day by our purchasers, the developer bull dozed all the trees and began building a new building which ultimately blocked our nice view of Council Crest. We had no prior notice of this. Our sale closed anyway. Suit was brought against the developer by the impacted adjacent owners. It was settled out of court and the developer paid each of the property owners full appraised value for their units as compensation for damages.. At least this time we have been given notice by the developer. Perhaps you can help me by suggesting a good real estate attorney to handle this sort of case? We are experienced plaintiffs. As the former owners of the Lake Oswego Haagen Dazs franchise, we sued our franchiser, Pillsbury and after several years we prevailed receiving a multimillion dollar settlement. I may lose to this development, but the regret of not fighting it would be even more painful. regards, r Jo Fulton i March 4, 1998 CITY OF TIGARD Ken Sandblast OREGON Compass Corporation 6564 SW Lake Road Milwaukie, OR 97222 RE: Notice of Incomplete Submittal - SUB 98-0001 Dear Mr. Sandblast: Staff has completed a preliminary review of the application materials submitted for the 22 lot subdivision and cul-de-sac variances off of SW Walnut Street; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. The following information is required before staff can consider your application complete and begin review: 1. List of the property owners for each tax lot. You submitted the proof of ownership, however, staff is uncertain which lot belongs to which owner. In addition, we need the mailing address for all property owners involved in the proposal. . 2. Minutes of the neighborhood meetings. 3. Show site size and dimensions and show existing structures within 25 feet of the property. If there are no structures within 25 feet of the property, please submit a letter explaining this. If there are structures within 25 feet of the property line, please submit an additional site plan showing this information. 4. Provide additional information for the Tree Plan. The Tree Plan submitted with the application needs to show the location, size and species of existing trees. The plan must identify the location of trees to be removed and retained. The plan must also indicate HOW the mitigation will be done (pay the fee for all trees, plant additional trees, oversize some required trees, etc.?). 5. Street trees are not shown on the plans as was indicated in the narrative. 6. Provide additional information for downstream analysis. The City of Tigard Development Review Engineer (Brian Rager) indicates that you need a map that shows the drainage basin and the downstream system. Include calculations that back up the claim that you will only contribute 5% to the drainage volume at a point 1/4 mile downstream. You also need to clarify that the "culvert" that was up-sized was actually the bridge replacement that was completed last year by the City. Brian has indicated that the new bridge can handle the flows from the entire drainage system. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 i 7. In addition, the following items were checked on the application checklist that we provided at the pre-application meeting but are missing from the application Submittal: 4 Existing drainage patterns, courses and ponds; 4 Location of existing fire hydrants; 4 Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans; 4 Plan of the proposed water distribution system showing pipe sizes and the location of valves and fire hydrants; 4 Location of all area subject to inundation or storm water; and 4 Proposed deed restrictions (if any). Some of the items listed above can be addressed in a written addendum. If any of the items are not applicable, please state such and include it in your addendum with a brief explanation as to why. Once the required information has been submitted, staff will deem the application complete, schedule the Public Hearing before the Hearing's Officer and begin the review process. Please feel free to contact me concerning this information or if you have any questions. Sincerely, Julia Powell Hajduk Associate Planner iacurpin juliMriverside.acc c: SUB 98-0001 land use file 1998 Planning correspondence file 3/4/98 Letter to Ken Sandblast, Compass Corp. Page 2 of 2 RE: Incomplete Submittal for SUB 98-0001 i MEMORANDUM CITY OF TIGARD, OREGON DATE: March 2, 1998 TO: Julia Hajduk, Planning Division FROM: Brian Rager, Development Review Engineer RE: Walnut Glen Subdivision Application I have reviewed the application submittal and find that one area needs additional information. The storm water downstream analysis was a bit light on the background material. They should add a map that shows the drainage basin and the downstream system. They should include some calculations that back up their claim that they only contribute 5% to the drainage volume at a point 1/4 mile downstream. They also need to clarify that the "culvert" that was upsized was actually the bridge replacement that was completed last year by the City. Yes, the new bridge can handle the flows from the entire drainage basin. \brianr\walglen 1.mem PAGE 1 1 John D. Fulton 12200 S.W. 116'h Avenue Tigard, OR 97223 590-3726 February 19, 1998 Mr. Richard Bewersdorff, Planning Manager City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Mr. Bewersdorff: Thank you for your letters of February 18 and January 30, 1998 regarding the proposed Riverside Homes development at 10865 S.W. Walnut Street, Tigard, Oregon. Be advised that I and my neighbors intend to resist this development in any way possible. This will include detailed review of the City of Tigard actions and the developers actions. If anything at all is not followed exactly as described in the code we plan to file civil suits to stop the work. Our first step is to hire our own certified arborist to inventory the trees and to develop an independent tree retention plan. Second we will be attending the hearing and looking to the City Engineer for design adjustments to accommodate maximum tree retention as described in Chapter 18.150.045, D. We are also very concerned about adequate turn arounds for fire trucks and adequate street parking. Water drainage is a major issue, etc. We are now working to attract media attention to this issue coupled with the annual tree plant at Fanno Creek Park. For four years I have been a local Cub Scout leader and every year we plant many little trees there. Few survive. This should make a nice television story about the City of Tigard and the ineffective Tree Removal Permit codes. We will be studying the Milwaukee, Oregon situation where in the Mayor and City Council members were ousted over development issues and hopefully broaden the story to include Metro and the state land use laws. Yes I do plan to contact Washington County. The land on which this development is proposed has been assessed at less than $5,000 per acre because it was not considered to be land that could be developed. For the same reason my property was assessed at a higher value due to the benefit of this status. I would be pleased to purchase the two lots behind my house for the current Washington County fair market value on the tax roles. This would be $10,000 for 2.2 acres on tax lots 2100 and 2200. Surely I will be spending much more than this on legal fees and consulting studies just to fight this development on principle. Thank you again for you consideration. My neighbor, Mr. Dick Penwarden spoke highly of you after a personal meeting and I am sure we will meet in person soon. For now my attention must be directed to preparing for the media. Sincerely, John D. Fulton i February 18, 1998 CITE( OF TIGARC OREGON John Fulton 12200 SW 116th Avenue Tigard, OR 97223 Dear Mr. Fulton: I was forwarded a copy of your February 12, 1998 letter to Mayor Jim Nicoli. As I indicated in my January 30, 1998 letter, the City intends to do a city-wide study to determine if there are groups of trees or individual trees that can be cost effectively preserved. Without that study and a law to implement it, the City must review land development within the existing development code provisions. The existing development code does not provide for an outright denial of a subdivision if it meets code requirements. State and local land use laws have been created to provide developers with a degree of certainty, if they follow the rules. in existence. This subdivision will be reviewed at a public hearing either by the City Planning Commission or Hearing's Officer depending on the type of application submitted. Property owners within 250 feet will also be notified of the hearing as required by the code. While we have not seen plans for development, it is our understanding that the developers are making efforts to preserve more trees. Unfortunately, the number of trees saved might not satisfy you individually. Ultimately, the number preserved will come down to the reality of economics of land development. If you are correct in the number of trees to be preserved, it is likely the developer will have to mitigate either through planting or paying a fee into a tree mitigation fund for the total number of caliper inches removed for trees over 12 inches in caliper. The development tree plan will be evaluated according to current code provisions when it is submitted with the subdivision application. The only way, other than through the tree code requirements, to preserve the trees on the development site is to purchase the property at fair market value. The City does not have funds allocated to do that. I would suggest you contact the Washington County Assessor's Office if your property value was increased solely because of trees on other property. Assessments are normally made with recognition of the development potential of property. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~ J L 1 January 30, 1998 CITY OF TIGARD John Ful9n OREGON 12200,SW 116th Avenue Tigard, OR 97223 RE: Tree Protection/Development Concerns Raised Dear Mr. Fulton: You are correct in your interpretation that the City of Tigard does not protect large trees per se. The City has an incentive based program requiring replacement of caliper inches for trees over 12 inches in caliper. This is done by planting new trees or payment into a fund for mitigation. The idea is to provide incentive to developers to save and incorporate existing trees into projects. This approach was the result of a three year code review of the City Council, Planning Commission and Tree Task Force. The development code provisions resulting from that process were an attempt to balance a property owner's rights and the need for tree removal with tree protection and preservation. Each new development must provide a tree plan which identifies existing trees, as well as, include a program for protection of the trees that remain. With the region-wide push for increasing density, infill, and higher building and development costs, many trees are removed in the course of development. Many more, however, are planted as a result of the mitigation program and landscaping and street tree requirements. The underlying zone establishes the number of lots that can be created in your area. The zoning allows 4.5 units per acre. Developers normally try to maximize the number of lots to ensure a profit. The City intends to perform a study to determine if individual or groups of trees should be preserved throughout the community. This study, however, has not been budgeted due to other priorities. In regard to your questions related to the platting of the four acre parcel adjacent to your property, staff has had preliminary discussions about possible future development. A pre-application conference was held on November 13, 1997; notes as to the basic requirements that the developer must meet are available for your review. Issues relative to drainage, wetlands, public improvements for streets and utilities, as well as, traffic impacts are evaluated when actual applications are made. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Pa e 1 of 2 Your memorandum of concern will be routed to appropriate Engineering and Planning staff members so they will have an idea of your concerns when a development proposal is made. Conformance with code requirements is required of all developments or they cannot proceed. This is sometimes a double-edged sword for neighbors because the code provides for development certainty if all code criteria are met. If you have any additional questions that I can assist in answering, please feel free to contact me at (503) 639-4171. Sincer GAT ~ ~ -2t~J 2A, Richard Bewersdorff Planning Manager 1ACURPLN DICKTULTON.LET c: Julia Powell Hajduk, Associate Planner Brian Rager, Development Review Engineer Bill Monahan, City Manager Jim Hendryx, Director of Community Development 1998 Planning correspondence file 1/30/98 John Fulton Letter Page 2 of 2 re: Response to Tree Protection/Development Concerns MEMORANDUM CITY OF TIGARD, OREGON TO: Jim Hendryx FROM: Cathy Wheatley DATE: January 22, 1998 SUBJECT: Trees - Letter from John Fulton Jim, attached is a letter from John Fulton registering his concerns with the loss of larger trees and what he says is an inadequate tree removal code. Bill asked that I forward this letter to you for review and follow-up. I have forwarded the letter to the Mayor, along with a copy of this memo. Also attached is an a copy of an acknowledgment letter from me to Mr. Fulton. Please copy Jo with your response for her issues "tracking system." Thanks for your help! c: Mayor Nicoli Jo - for tracking system iAadm\cathy\coResp\fulton. doc CITY OF TIGARD January 22, 1998 OREGON Mr. John Fulton 12200 SW 116th Avenue Tigard, OR 97223 Dear Mr. Fulton: Thank you for your recent letter and accompanying enclosures addressed to Mayor Nicoli. Your letter, outlining your concerns with the protection of existing large trees, was forwarded to the Mayor as well as to the Community Development Director, Jim Hendryx for research and response. If you have any questions about the status of this issue, please feel free to contact either Mr. Hendryx or me. Sincerely, l~t l~~-`''~-2 Gtr Catherine Wheatley City Recorder c: Mayor Nicoli Community Development Director Hendryx i:\adm\cathy\corresp\fulton2.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 John Fulton w 12200 S. W. 116'' Avenue • u ✓ JAN 2_0 '.-j s Tigard. Oregon 97223 590-3726 .emu Mr. Jim Nicoli, Mayor City of Tigard 13125 S. W. Hall Blvd. Tigard, OR 97223 January 15, 1998 Dear Mayor Nicoli: I read with interest the outline of your upcoming speech on Tigard's future in the Tigard Times today. Tigard's "2,000 trees by the year 2,000" program is a noble effort. Unfortunately no amount of trees planted can ever replace the loss of large trees. I have recently read the Tigard Tree Removal Permit code and I feel it is very inadequately protecting large-trees. I urge you to Increase the protection of Tigard's large trees in lieu of planting many small replacements that often die. Large trees make Oregon the attractive place that it is to live. We even celebrate them with our special license plates. Plenty of them are lost to storms. I do not believe there is any justification for the removal of large trees except for safety reasons. This is a key issue in a proposed development adjacent to my residence in Tigard. A plat of sixteen (16) lots is proposed for an existing four (4) acre parcel. The only way this can be done is to remove a lot of very large trees. My neighbors and I plan to make this a highly visible public issue. Enclosed is our "Memorandum of Concern". I urge you to increase the protection of our existing large trees in any way that you can as soon as possible. Sincerely. 2 VLt/ r~ John Fulton Memorandum of Concern ...................r'.r.Y:::n~:.•:::::: v:::::~w::.rwn. •r .n: •..:.r q'ryY.inw:.Y.:::: =y` ^Y>~•:teg; r /j,~ 'J- s~f'f.R ~'sfr{:'. ~ ra• - ~3:dc:?:. :•-,^~.•,-<`,~K~a:`.•'}:,r,.:r r- G- r• •/.V~:: t,~c: w:t?'.'•~t,.. tt ~$:t{i:'.r.ial~: . r .v / .N,:' ~ 4.+.-e'~yS.~-.•--i,.•-:--'-N'~r.,•:i;}; •ps~M:rY-F:~ri A f •s~y:YJjr' }}ri l •i:^•..;R.;si3~'^::m/' r.'FJ -.:i•'.- -g• - / ,:,%/r ::frr` -•`c,.Y.. rt jY:sid;c' s~~ . t . f . ~yi'; .,_cfr ri{u-.-: ;G•.7h•,~9Y`.ti: ;2:%i :<y::: ' ~ rte,, l/...nd R~.. :r'.`•~:~.{G. ,y4'.:.'-'r-::.. >t..r... :...y.. ..sir:::,. ..f rs / ,~'A"!'.•:,.'' x0..6,' ~ r;2r;r aoo-J3x.}?.:% ;:<i::-y~iY'..• ::./:r, •~Y.:: }i:S: ,+yC~`;..v.:.. r yr r~ ~s~''i~,~ ti ,Sya-::..G- .•4t:;?y.: x r`:1s:::•:•.`,s3.~S.;?'giis' .fi f J `%f r.::--. ~ ' P67 % }:r~ - i•4 f. • / :ty'%r,,.•,,~,.,~• •i. -=d ~ sY/~,f•,'•-:~i•~'~'~/~p~:.~s'`~..`ss :%j::iasY ' i+•t'.r!~::5:'v• •'it{.r/.~ - '{.r ~rrr rJ~%i%~ :+x„y ' C .:d''.:;yr.¢ r n r :i}jr`7~.:t::y.'1':t,•`.~s.''t :?u:: v}r?S•S,Yr: - ?''r•'F'.;y:•,'J- 9(r :.~!.l •~~j.//~ N.SrP~: r4 }i.-4 }};Y.?:. t.. J_.::W i>f'-' : H... . • ' 'f":••: rt}'::ini?:?CiiX:~i '.;•r. }:FSri~-:}'•`'S'Y1C'\{•~.. / f , 1.. l/'rh};'-~ "jl/"• •'irr1,Y,.s.":q,'W-.~•:?ti~.. ~r~r / ..tx'ir lY.}~n~~{%,K::}.}:. }I A%+y%~.M•iy r'i'ft} Ji ~4 /1:: ~i f l r'/i'` \'-X.;;v i'ir;~'.:{,.'•:'•::if,::'.•.~/%r.'r' r.t .r r 1/ /rI/ / » n. .,..-~r:.: %f.'S~ ..';Z~:.-Y~'r.:~,y~{:,:..r: .fCy-Yr/:y«:r nr r ~~J 'r•'- r.~r fi/F ;r'x ~7 G:'a'~'y"'. •f/.•'.`.'ci%~.. .s:r r ~ ~'f y,~~~4isy'}5''>:-~rr`alsY.•:6:::Y:Y. ::•}}it•:.:~%.Y.tPT.:•:.: ~rr. r.. rv... ' v. is •:VFJr:(i.:...~:!ty.., n:.: Note: The adjacent property owners are extremely interested in and concerned about development on this land. These concerns are listed below but, not as to priority. Each item is our opinion and bears sufficient importance to be considered individually by the parties involved Items of Concern 1. The preliminary proposed lot density, as stated by Mr. Sandblast of Compass Corporation, is for sixteen (16) individual lots of seventy-five foot (751) frontage. This proposal seems excessive since the existing minor partition plat supports no more than one residence per acre. Moreover this density would require almost total tree excavation. 2. This parcel contains numerous trees of various sizes and lots of vegetation. Any soil disturbance or tree removal will definitely weaken the root structure of the remaining trees. In the past two years. we have experienced two severe wind storms. The property and property owners on the Western and Northern side of the parcel are vulnerable to falling trees if the root structures are compromised. 3. There is an extreme noise pollution problem from traffic on Pacific Highway (99W) and Highway 217. A professional study of this problem should be undertaken prior to considering any development. Tree and brush removal would undoubtedly add to the noise problem. 4. Surface water run off in this area is extreme primarily due to development to the South across Walnut Street and on up to Bull Mountain. At times, I I6`s Street surface water tuns like a river. A lot of water ends up on the proposed development parcel which acts like a sponge and definitely helps prevent Summer and Fanno Creeks from worse flooding. Standing water accumulates on the Southeast corner of Ann and 116'h Streets, freezing in the winter and thereby creating a serious hazard to drivers and pedestrians including school children. Water drainage problems also occur each winter and spring along the borders with the sewer easement. Surface water should be drained away from residents on the West and North of this parcel. 5. Wetlands adjacent to the Northern end of this parcel and possibly included in the parcel would be impacted if development occurs. This situation should be reviewed by the City of Tigard prior to disturbing the soil. 6. Walnut Street is inadequate in its present state for any further development. a. Power Utility poles are practically in the road all the way from Fowler Middle School to 121" Street and beyond. Set back of these poles, or under grounding, should be required before any development is considered. School buses traveling on this section of Walnut are put in jeopardy and so are we. These poles are laden with various cables. Further development would definitely increase this problem. The development should be required to construct a half street improvement along their frontage and possibly to 116ih Avenue which would include pole relocation or under grounding. b. Sidewalks are needed on the north side of Walnut from 116`h Avenue to Fowler Middle School. Children walking to and from school, riding bikes. etc. are presently exposed to a dangerous situation. The half street improvement at the development should include sidewalks. c. 4-way stop sign intersection at 121` Street and Walnut is a bottleneck. Only a couple of blocks from the proposed development, traffic backs up to 116th and further at times and North to Katherine Street. Vehicles are cutting through the residential area and disturbing residents. More development increases traffic congestion. This intersection should be modernized with stop lights etc. before further development is permitted 7. 'The City of Tigard does not currently have a long-term water supply. Consideration of any type of development requiring additional water should be put on hold until this problem is resolved. This problem is included in the current City of Tigard. "Ten Goal Area". 8. This parcel abounds with wildlife especially during spring and summer months when migratory small birds use it. The Pileated Woodpecker appears at times. As yet, a spotted owl hasn't appeared but other owls have. This is a unique sanctuary for wildlife in the midst of human progress. 9. Fowler Middle School class sizes should be reduced from 30 to 25 before any further development. The developer should be required to donate to Fowler Middle School the amount of property taxes that would have been collected over the past twenty (20) years had these lots been properly assessed as land that could have been developed. 'Several of the lots have been assessed at only 55,000 when market value has been closer to 565.000. We would expect the developer to communicate in writing between the City and School regarding this matter and provide the adjacent property owners the results. 10. If development did occur on this parcel, then we would insist that the existing sewer easement of fifteen feet (15) on the Western edge remain apart from any development plans. The easement would not be a part of any lot. driveway, yard, house or any other use and should remain natural. A ten (10) foot high heavy duty fence designed to buffer wind, noise and the aesthetic impact on neighbors should be constructed and maintained by the development to separate this easement from the development. Unanimous approval from adjacent property owners to be required prior to construction of the fence. This fence should run the entire length of the Western and Northern edge of the parcel. 11. The developer and individual lot purchasers should respect the existint privacy of adjacent property owners by permitting only single (one-level) structures to be built along the Western and Northern boundary line of the parcel. This restriction should be incorporated in.the building code by the City of Tigard or imposed upon the development plan for these parcels and included in the Codes, Covenants and Restrictions for this development. The adjacent property owners should be given a copy of this document(s). 12. Utilities should be under ground without any poles appearing above ground. 13. We expect complete conformity with all requirements by the City of Tigard, Department of Environmental Quality and Washington County. Adjacent Property Owners who support our concerns: Names Address ! "1700 1~t' /!6~ri. fi EY' , 12 U-i 45,21, e-., AR /14 JAv G-A v1 Yt+~ t LL; . 1. (L ~J ~.L1 ! a.... _ coq w ~P s. - Q G-4 t LG A T)1 _ ....1t1i 2.... S~--a-e iAt L l ~,.t4'~ ) Yl~ ~•f ll~{CP - kZl..V (Xllr & -2A G--n ~rcL t~!~C -}~C1 :'~Z'V'f?t-a'1 ,'c-~i-t.) Q-.(.. . • N 1/4 NE 1/4 S TION 3 T2S R I W .M. 39 WASHINGTON COUNTY CREGCN 4Z i a 14433 SCALE I ' - iOO' 124 . ~ERc,v Hell `r No • 129 jj~ t- . 38 / k.~L 43 tD rarr4'r ~ S top 123 130 i 3 r 4Qs lye%Jfz ~ t ~ ~ J 3r OI w 1 , ? Kstr 35 b 3. ,.o l , ti r t t 122 ~1 1` NORTH k sox $ ~ 1 CR i935 w ' d't~G/IGIPvI w t,a.l~ `'y ~~s to 36 ~ b ~ 1 e7 w 132 /~o.~ ~C S o (n ! 21 2100 4 rsr• 21 t : N 'r f -Flm 90- lie I M P f I,DR'S ~3 sa 119 .O L '#.I 's yes so w 20 t.t fo 2000 700 25 Ac Jt = r 120 17 1 sal. • (8/~ s j a407 ttaatatati~~ f T 1 r . . ,1~ \ ltd • . w ' •T~t~ 401 '.d 9 ara.!• 11~ • 10 9 "AL j sT/~!i s r tQ~ r 200 W onto Goo :I Q Y0 m*.i1702) s s..• : 201 w i 3 . I >7Af Ti 20 40 0 go O 00 ~i.. IL 7.500 2800 s►"" ~ w 2800 .54 AC. QUITCLAW MOD 82028609 10 ICNOiY ALL M Y THRSd PRi.4dNTS. That...ROBERTA . SON.. . hsrainahw did /nw dw. ` for the oorwidmrew, InsaitsmHar staid dr►w ' Mwbs tlsaiw, talsasa and Qutitddm imw.....IfItYNE..EOYIM _UQPSONe hata&satbr arlsd In+rdM. and caste is bahiR asaoossaots ad sedges s0 d tllr /tmtsters ttfr ttfbr ad ldmnwt " iJ! to that aartain tnsal paopsrtr wiNl the /atmmsssrtit, haradllaasassbt end s~srasnarrosm wnanb babe/ ar lw ~q- wise aPOarwnltl awated in the Coney af.Washitpton Stets of On&% doodbad an boffew . A tract of land in Section 3, Township 2 South, Range 1 Meet, Willa■st a Noridien ' . - red.; Washington County, Oregon, described as follows[ ' Beginning at the k corner on the North line of Section 3, being also an-angular corner an the West-line of the J.L. Midelin Donation Lard Claim No. 37, thence Soutt A 00'53' West 1057.0 feet to an iron in the canter of County Road no. 494, HMOs " North 780 32' East in the center of amid road 260.0 feet to the Southwest corner i - true place of beginning of tract herein describ...i; theta North OD 530 East (at 20.31-- feet an iron bar) ~ _ . > , 318.0 feet to an 'iron; thence North 780 321 East 69.4 feet to an iron an the West line of amid Hicklin Donation Land Claim; thence South'211P 490 EeeL+tt along said Claim line 719.3 test to • point in the center of said road. thence South 780 32' West 211.1 feet to the piece of beginning. EXCEPT the following described-:f tract of land in Section 3, Township 2 South, Range 1 West of the Wiliaastte yy ?K in the County of Washington ' and State of Oregon: . • . Beginning at the k corner of the North line of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, being also an angular corner on the West lino of the J.L. Hicklin Donation Land Claim-No. 37; thence South 00 53' East in the canter , of said road, 471.1 feet to the Southeast corner of the tract herein to be + said point being also on the West line of J.L. Hidclin Donation Land Claim; thatrea North 240 49' West 319.3 feet; thence Southerly in a direct line to a point in the center of Coui.ty Road No. 494; which boars South 780 32' West 91 feet from this poirW of beginning; thenc. **W"*M i .'c&" M09"to sinint of beginning E To Nara and to [fold do aver unto w amid dg=dm and &89W 's hens. aucumn and h vwvw no tnn and actual aoruidaei.tioe paid far Ilia transfr, a+antd in terms d doftm inn x.7 .00 . mHowarar, the actual onsseidssafiaru FA I of or includes other popery or vale ,inn or psosmimad ssiYich in V ' ram„ooneidnaton C6mtio.Im wAielu).mfrs...n.~o.a.e....tl+.r.d.rm,u..rar.xe+~6ia+ra.ed..d a..armutaNu In corns&ueng this dbd and wiove w contest so eau how. the sit *dw fisdudee do phmamf and all `aesmwleim/ chwome ahmf/ be in Wed to nuke w proviione head apply pudly to corpaenamw and to 6whidumr. J° In Witnmas Whe+md, w has axsattad this itmhumnnt thin. -f-- i a corporw* grantor. it has eauasd its near to be *jnsd and seat by its N* 16 Ady authadmod to by ardor tEs bosud of ditactlara w.r.w>.rr.- _ - STATE OF OREGON, at - a i4 ot... ~WDa a_zfr.......... ) STATd OFORI;L. iN. C - 1! _ > > C-20s" f _51' ~rtlti .__.L.r... !!~i• PM~ertlf eMw~I _ AM Peragp,tlp appermd the abav%!Ann.d - arigM~eb4+aretA *m A for Ymo1t rd not or for AD oeAr. Ad as Amt is Ar i the _ art st.e `Astir i i j _ -1~....~i:: )sdded the to m o.~ Iuhrr _ _ - =+a aoflmotery act and dead. and dmt da we# PEI b do Aa/dat bmh~a It it elm asgreaa sr! _ O of amid ospaeime art dot acid iabaanat a~ af~sad set asset Am far lot of Mo oarparoei. by athodry et tom Gorr at diotrsas; ant ari d COFrI doe. aotmoeiadtad rig 6ramrasMf am an Mm StAlh t - ~tC'a. 1M/ara ehoway amt sat pmt ` P tr►am%, rebb for otNae ~~..'r~ Q0 •api'e'di~ G iJ Natar, )•aefie tr 0 Mama Q c' ar, aaee.iriea espk-* 1 Roberts Jam m armor 0 Wayene Edwin 7hoiapeon sal 4~„t t..r *,.r fqa :1 - 12480 SW 112th Tigerd_~L OR. 97223 ~•~a::.{' ~y w. aa.wraa•a .I&wm YID A00Raae 'Cx; SAW S i ' fY aS. arriq.am= aw :sow c ~ saw, aaeolsa• s.► i ~OF '4idc L-~~j-y_.y ~ • T ~~7 H T~• p mil ~ 4. -rs 7C+ ewer a &800 r w~.ar.t et Ur Waorr ohm am a" to a* Aaamm" - Wayne Edwin : ti9 x ~I! fr ~3 a t lt~DO 3~ F ` t~ I r A 1 17AOff !Y lJLZLfl ; ty : a. ti 1+ r * j r, t •C'? "y 70 _I __._Ji`~tY.Jai_ ~2Z3 - ~v `r• 'd 7a• i!"*'L'~.,i;y' I~`f'~,g y1•~}+'t F{ _ ~c~•1j = ~,t rvc.~•_f rr# PA,:t~lr~~i'+gs+}S y~-.~'..~ i .4' a ~i's~`: . • ~ c2_•i s,. t. k •~'u 'F~4,". 4'.??'~; et+ i H S,. w .c:.:..r. i.;:t_ _ z-._ WARRANTY DEED-STATUTORY FORM Individual/Corporate Escrow (lumber: 4310494 w. Sven Kenneth Kvarnstrom. who took title as Kenneth Sven Kvarnstrom. and Patricia D. Rvarnstrom Grantor. conveys and warrants to Kent C. Wiser and Brenda D. Wiser. Husband and wife Grantee, the following.described real property free of encumbrances except as ~..6 specifically set forth herein situated in Washington County, Oregon: Parcel I. Partition Plat No. 1990-033. in the City of Tigard. County of • Washingtrin and Stafte o! Oregon. L • r,.~~+T,:;__ N7C4;\; :CN COU!ITY `1 h • l RE.1L P.^9f•E.?fY TRANSF~E~d TpAX fFF PAtp DATE The above described property isfree from encumbrances except covenants, conditions. restrictions. rights of way, easements and reservaticna now of record and d 1990/91 taxes a lien not yet payable. u s The true and actual consideration for th;s conveyance is 3 65.000.00 Dated this 21 ' day of ; August, 1990 if this deed Is given by a co rate g for its name is ; ' I signed by its authorized officers by authority of the Board of Directors. .d Sv- Kenneth Kvarfistrom Cc u-mot 'e. Patricia D. Kvarnstrolc THIS !NSTRUt4E14T WILL NOT ALLOW USE OF THE PROPERTY DESCRISF.4 tN AH a INSTRUMENT IN VIOLATION OF APPLICABLE a LAND USE t.AW9 NO REGULATIONS. BEFORE SIGNING OR ACCEPT- ING THIS INSTRUMENT THE PERSON ACQUIRING FEE TITLE TO THE . PROPERTY SHOULO kCKYATHTHEAPPROPRtATECITYORC.OUNTY ' PLANNING DEPARTMENT TO VERIFY APPROVIO USES. STATE OF.OREGOHICountyof Clackamas STATE OF OREGON. County of Person iNNai4eiwvenamedSven Kenneth Personally appeared v:tiritrd.hm~•dtgdtjP~tricia D. Kvarnstrom + ri I Al ~t s 'I who. beano duly sworn. 'Ar each for himself and not one for the other, dto say that the former Is the r 1L~~ 'bx#s pica dam and that the tatter laths . secretary of ' eQL 10 4.. `~.i and iekne rhtlg~d Go iorWIng r IMtlxrnl~nt voluntary ad and deed a owoorstion, and that the ~cld instrument was signed In behalf of said corporation •r~. - by authorlly at Its board u! dlractOm and each of them acknowledged said Instrument I~er-90 to be its voluntary ect&W. deed. Before me - _ r Dllc for Oregon Notary Public for Oregon . mwiw6wIrat November 24. 1993 Mycommisalonatolm: alrleaarbl.mmtec STATE OF OREGON County M Washfnpfon f - ' Mr. and Mrs. Kent wiser 11405 SW Walnut St. 1, atom W. MOM Dlre`fo►of As»esa+"sru and Taxation an .corder of Con- Tigard. Oregon 97223 veya+ces Ior canny that the witMrt o rSoo and couaay. 'i SPACE RESEt of FOR * file tn+asamasYwetwMaMWttelwaaM„IMMMMYMMeMtysaalea RIDORDIRI Mr. and Mrs. Kent Wiser 11405 SW Walnut St. ~OV l Tigard. Oregon 97223 CI='J~~y' r Doc 90045584 Rect: 39185 98.00 08/23/1990 02:17:44PM "No. on -owe (0011110111"d WAIMAMY GEED _ LQ;aA`.i lCQAIAS. a widower and ]VOW ILL YEN ar r96St.PRE3CNr'S. i■Comggt1oaet. r.. wIf -paid b. t fw. t. 's~I'ie~rjeinaed~ aUef hie bendy iraot. bargain. st11•and teeMp Qnre tMtr<idQraRae • iwiatdesrrJbed real propr.r.:•Whh rAetearemeaut and'apportefaetptbrrraan'beleasiq. bramommm" Washington- Z=WOf . : ' ~ ~eeatad is for Cwaq et_. QndOa bounded srid described artel/ara m Count?, st•M~ a A tract of land in Y u.+ s sa d as tollara .0ragon. snore particnlar]J ` - J4 iron 3+t aanter 'Of :~`•s'~Dad -Beginning at.on ' gasrtsr : of r . West -U no oaf -the :HilT6itatta•+ idiani Township'2 Southe e 1 e t -Roll seraSaottlt'0.:_53• .Viiat~ICS7• at r; c= h: 4 `s # w~<°. ; .z,~ ;of.=add - from the :Quarter corner on .ortli'Tit Section 3; running thence In the centar of the rand xotth~;F8!,'322 • 1 Esat 220.0 feet to a point: dhaaeo Vorth_0*.53' East.'` (at 20..3 fact an tree bar) •202.2 f of to._en' iron UPS thence South 7156 32• West 2M.fl feet -to an :i.eOe},'bs! 0t►`"the -Pest line of the 'Northeaat •voamtar -df.: said 5j`Lidn S e-Z thence -South '0• .53' Bast 322.4t aasY to :ati szl~';:on Atha Aorthorly.1ina ..of -saki rand; ~tsenca; confiaui ~aLA o!.53• -West 20-3 rest to the plan sit laeiemin6:` :rr% 't':'V ►rariMatfSnadre:aabeee ' .TO SAWS AND TO SOLD ~ abe.e jredbrdaedbeasnd p^!°~:. , • _ . _ r+ed...t~aYr .:Reiss sad saism'tore+er- - ~ Ind the draator. _ foes. cerrnant wh?! tDrAbwwermrd;rantea~.ehe11! traaedaal drat ""e~ nmiser.fmsadcttarafalleseambtsnert , _._h0..1/...la~lntlfseised.iftersim 7teittbr,.PEA Jaeted 7 Or - . sl #x9Pt_.rlEht.# of the._putsa,:iin, scrod to sa p ti~_Cl~a=!0~ 1il~vitEtl #s _ _L.aL~9_Qi1.4ara,li d# aTL4 h~ms = mod Nrt. ?if_.. oQt.ta>s #1.k ,Irtte: atao~ u/ datatsrat abaN+arraf~eer.+► i • e lsfB' abV-;, 44 >rp W.ablerrnand•AsemimAMWm tp. AMClrsttttYeraLiN°t'die ~~,".c=-++;~.n.~ .~,t,e,.erw.tsee.rr..a~7oeaps,NSad~!•`~:•.r~:•-:5~"' ~_~•s -wRTNtSS.._ t3a " of aryl sus -''t4!/ s- IN IRA- CA-W of - . -labPtlarL_~/-D.~.MfDM:an :tM.afJerdsMZ.1 xatatp Paws ratiL 'GIIKA _1air~r ~t~ r~i.i 3 a si acre M the ~arlieat * t ,.daerQ*djo aiid y } t 11- Stone { ia/ s~bit±!i tAr F i mi0~ ' bat fiataY a sr ihst Da. arae.eed ; +a WSLR60/!:1i~r~exvae!Af". c a~~at. • • atsdq_":_..•'Ydi+ilMie ~ ~tiz-~, 17 _ _ d I tG : s ',xox._6- 1966 Phitlcfor0 ~'Q+!,.• _ - ~ c;~_.t}~`~.ri~-~''se'ss.. ~ .,tt 2 _ tea{ 4 NA - - _ = _ _ _ •.Q - 1 ..ter -f s-~•~'f. . M M` "Al U.\. a -.a •sw o: a - Mall :neo'aecseeaeertUrte =/l~..- >n,. 1l. t!~- ~ .t_ ice:. - v. T S'~ tE".n i_ - K - M ' ~ N .1 c 3 ~i > • aeW 4 Main= - -.ate. i....>.. -ity~!'~trcb^ xn a~yr, 3i '-,-w+'~~F'~3." x'- T~^ao ~r ~'4+' V -r ~ +-r' Mss z _ .r S' .w~ J -7~ 77 YY w+6~ w - (.ice < Y b Ja.~iu•N! s. ' ~ i~..X,^.~M" v'~p COPY WALNUGLEN SUBDIVISION NEIGHBORHOOD MEETING MINUTES Fowler Jr. High School, Room 1 December 18, 1997 Applicant: Bill Wagoner and Todd Boyce - Riverside Homes Representative: Ken Sandblast - Compass Corporation Interest Persons: Approximately 20 - See Attached Sign-In Sheet Meeting Start: 7:10 p.m. 1) Introductions 2) Presentation of Preliminary Subdivision Layout Mr. Sandblast posted a 24" x 36", color exhibit on the wall and presented the proposed preliminary subdivision plat being prepared for submission and approval by the City of Tigard. Generally, the subject site will be served via a cul-de-sac street located on the eastern boundary of the site and the project will total 16 single family detached lots. 3) Response to Written Materials Mr. Sandblast reviewed and responded to the 13 items contained within a memorandum from Adjacent Property Owners dated December 10, 1997. This memorandum provided the basis for a wide-ranging discussion with those present of the issues involving this proposal. A copy of this memorandum is attached to these minutes. 4) Questions and Answers - Summary of Major Issues In addition to those items raised and discussed through the December 10, 1997 memorandum, the following issues were further discussed: a) Natural Resources - Impacts to existing trees located on the subject site were repeatedly raised and discussed, particularly by those adjacent to the west of the proposal. As was stated, development of the subject site will be reviewed and approved under the City of Tigard Community Development Code. This code provides for tree removal and mitigation if necessary when developing property within the city. The presence of wildlife and noise impacts were also raised as concerns and discussed. The presence of wetlands was discussed and the applicant responded that a wetland delineation study is being completed for the subject site. b) Plat Design and Lot Layout - Property owners adjacent to the west of the subject site are encouraged that the roadway network is not proposed along their parcels. However, a request was made to redesign the lot layout so as to prevent side lot lines being placed adjacent and contiguous to these property owners rear lot lines. In addition, topography of the subject site was discussed as a potential limiting factor in the layout of this subdivision. Mr. Sandblast responded that field surveying data is currently being gathered to define the subject site's topography and further refine the proposed layout on the subject site. C) Surface Water - Surface water run-off along the subject site's west boundary was raised as an issue. In response, it was stated that this development will be required to provide a surface water collection and quality system in accordance with Unified Sewerage Agency and City of Tigard requirements. Meeting Adjourned: 9:05 p.m. \n:\p1an\4072\meet 1 m ints. doc WALNUT GLEN SUBDIVISION NEIGHBORHOOD MEETING MINUTES Fowler Jr. High School, Room 1 February 11, 1998 Applicant: Bill Wagoner and Todd Boyce - Riverside Homes Representative: Ken Sandblast - Compass Corporation Dave Halstead - Halstead's Arboriculture Consultant Interest Persons: Approximately 12 - See Attached Sign-In Sheet Meeting Start: 7:05 p.m. 1) Introductions 2) Presentation of Preliminary Subdivision Layout Mr. Sandblast posted two 24" x 36" color exhibits on the wall, the originally proposed 16 lot subdivision layout and the revised 23 lot layout. A 5 minute break was taken to let all those present review both exhibits. A presentation discussing the revised layout and the additional field information gathered since the December 1997 meeting followed. The revised layout results from the applicant, Riverside Homes, acquiring an additional parcel contiguous to the southwest of the original proposal. Generally, the subject site will be served via a local street aligning with the existing intersection of Walnut Street and S.W. 114'hTerrace. The revised preliminary plat also depicts field surveyed contours and tree locations. Mr. Halstead provided the results of and information related to his tree survey on the subject site. He answered questions regarding "hazardous" tree definitions and determination. 3) Questions and Answers - Summary of Major Issues In addition to those items raised and discussed through the revised preliminary plat and tree survey presentations the following issues were further discussed: a) Natural Resources - As at the December 1997 meeting, minimizing impacts to existing trees located on the subject site was a significant issue to those present. Based upon the wetlands delineation study completed for the subject site, the are not wetland areas present on the subject site. b) Plat Design and Lot Layout - Property owners adjacent to the west of the subject site are encouraged that the revised lot layout does not have any side lot lines adjacent to their rear boundary lines. Due to the integration of additional property into the development, the roadway network serving the subject site is dictated, for the most part, by the need to align with the existing Walnut Street intersection. Included in discussions were future street connections to parcels to the east of the subject site considering Summer Creek and existing topography. Meeting Adjourned: 8:20 p.m. n:\p1an\4072\meet2mirts.doc C(DIPT SIGN S~EE~ MEET~G jG14BOW"OOD fi STREET S15BDIVIs101*4 KONFS W 1`~BER 18,199 ~~RS~E T1rNR-SDAY' DEC ~ l~~ ►I..f, TELEPKO~ yi, ✓ ADDRESS 30 v ;Z.9 Z S ~ g6 it ✓ a s~ s 5v 3.7 y2clrr,~,, sUJ l6 fhb's _`f4~~ 4 C) L /f1G~ ~ ZZ' S tc~ 1 6 ✓ ~~94 " f, 2-1 f r 2,41 ~Lre-5 GG :n. l3 ~ s l 1 1 i 3 it COPY Memorandum of Concern #rrTe T 4b ~onI~ t:+tl3f~ ~i<aln:r~jat ~r PION Uect;~ fedv~snlr~> ~.f a~llme~ vur ar,rl # #t~ed~,as# ~rarla+.s < £3ezarcvt as#e tt 1orne `l% 81 Nof.e~ The 34jac2tit property' myners are ext:reniciy interested in and concerned about development on (Iris land. These conecrus are listed below but, not as to priority', l acii itern is our opinion and b~lrs su?ticiaut importance to be considered individually by the parties invoKed. Items of Concern 1. The pi-chrniiiarv propt)scd lot density, _is suited by N-Ir. rindblast of Cmnp.tss Corporation. is for .ivteen (16'3 Tndi.idual i(~ts of seventy-five foot (75') frrini . This proposal i:cuis c. cesstti°e st;(cc the. existing ni:tnor parittion plat supports no more than one residence per ;acre. Morcovcr this dcnsin' +oulti retitiire . most total tree excavation. T!, ' is iarccl aatit-tins numerous trees of various sizes and lots of vc,,etatiun. Any soil disiurbauce or tree removal will definitely we, Wn the root structure of the remaining trees. In tic pist mo years. v.c have oxperiencc-d. t wo severe wind storms. The property and propene owners or, the `w'estern and Northern side of the parcel are vuhicrnblc to fallin t_ri. s if the root stnictur•~ : arz conicrcr.ssod. ? 'i here is all extreme noise tuillution JML1)1CM front traffic on Pacific Highway (99W) and liigjlwa} J 7. .a. professionai study of this problem should be undertaken pnor to rxrnsidering air, ti;:vclopincnt. 't'ree and bnish rzinoval would undoubtedly add to the noise problem. 4. Sill-fie e water ruts off in this area is estrente phnw-Uy due to deveicpulcnt [a L`te South across tN'altant Street and on up to Bull Mountain. At. trines, 116`h Strea stu'f wcc skater buts like a river. A lo( of water ends up on the proposed development parcel which acts like a sponge and definitely: helps prevent. 5taninc:r aura Fanno Greeks from worse flooding. Standing water accumulates on tlli• Southeast corner of Ann and 1 lfi` Streets, freezing in the ,timer and dwrcb crean.-m! a serious hazard to drivers a.nd pedestrians incladim, school childi-cit. Water diammLc probicnis also occur c.ich 11in(er and sprin-a :along (h borders Nvith llie sewcr casement. SnrtPcc: water should be drained :iway from residents on the `.Vc-st and North of this parcei. . wettands adjacent to file North= end of (his parcel and possibly included Ni the par;xl ilou d be impacted if devclapnre:nt occurs. This situation should be reviewed by :hc itv of Tii;urd prior to disttrrt••ing the soil. 6. Walnut Street is inadeQaate in its present state for any further din.-clopment. a Pinner Utility poles are practically in the road all the wav from FoNvler Middl: Schaaf to 121` Street and beyond. Set back of these poles. or under grounding, should be acquired bel:bre why development is considered. School buses traveling on this section of Valnut are pill in jeoptlydy and so are s;e. These potes .ue laden with various cables. Funkier duvelopnlent would definitely increase this problem. 'I'll, development should be required to construct a half stre>ct improvement along their frontage and possibly to 1 1fi7' Avenue vVilich tvou.ld include pole relocation or under grounding. b Sidewalks tire nceded on the north side elf Walnut from I I&"' Avenue to Fowler Middle School. Children Nvalking to and f:roul scliool, riding bikes. etc. are presently cxpowd to it dangerous situation. The half street improvement at the deyetopmcut should include sidewalks. 4- c. l-wav stots flan intersection at 1:1"' Street and Walnut is at bottleneck. Only a couple of blocks train the proposed development.. traflic back up to 116`' and further at umes and North to Kiiiherine Street. Vehicles ire cutting throe ll file residential area and disturbing residents. More development incases traffic congestion. This intersection should be modernized with stop lights cic. bel'on further development is permitted. The C'in of TiLarrt dries not currcntt:' hstw. a lotrt<-term t}'Rtt'rSniljtit. Considerttiott of and ttiTe of developaiew requiring additional ivatcr should be put out hold until Ibis pr•Olen7 is rc-n °e<i. :"his problem is included in the current Cite of Tigard. "Feu Goal Arca 3. Thk parcel abounds Kith wildlife especiall` during sprints and sununer nionths "-hen altrataz? srriall birds arse it. The Pileated,Woodpecker appears at limes- As ver. a spotted owl Nisr7'I. appeircd but other owls have. This is it unique s<inctlutrv t`t>r wildlife in fife mids~ of fluma7l pro ;ress. Fowler Middle School class sizes should be reduced from 3ti to'-)-; bcferc any furthzx do clopru:crt. The developer shotild be required to dtanalc it) Fonder Middlo School the amount of properiv taxes that lvoulu have been collected over the past twenty, (20) years had dicsL lors been properly assess-ed as huid that could have been de`:cloped. Several of the lots ha.vc been assessed at only y .O_x) when market value. has been clcscr to S65,00t).. We wotild expect the developer to conunulucate in wriolle be-, veers the Cin' and. School regatrding this "latter and provide tlic adjacent property owners the resZl.l ts. 10. If development dill occur on Illis pared, tile" we wOldd insist drat the e;<lsting sovLr easement of rlleca felt (15") on the Westeru edce remain apart front any development plans. Tile easement mould uot: be a part ofau7v lo(. driveway. yard, house: or any other use and Should remain natural. A ten NO) foot high heavy duly fence daggnvl it) buffer wind, noise and the aesthel:ic impact or neighbors should be constructed alld maintained by the development. to separate ibis eas:.nlent from the development. Unasli7notts :tpproy-al :fro(it adjacent property owners to be required prior to constr=nou of the fic ace, 111s fc;nct; should rum the ontire length of tic Western and irorillern cdue of Oic parcel. 11. The developer and individual lot purchasers should respect the existing privaev of ad',ac; nt propene owners by perlnittini; only single ft)ne-level) structures t:o be built along the Western atld Nostli ril boundary tine of the paunch. This restriction :should be iutcorporatad in the building code by the City of Tigard or 7mpotv d upon the deyeloprneni plan for these parcels anti in lusded in liar CLti s, Covenants and Restrictions for this development. The tdjacew propem; ci%vneN should be given a crape (if this ciocuiric ilts)- l 2. Utilitic~s shrnsid he unifer ground 14'71.h lt1C ar~y i)oics ttppc wring above t;rnund. 13. ~lf'c et . ect com2lete conformity with all requirements b_c the City of "€'ig_ ord. Departncat of Unviiornncnial Qtuility and Washington County. Adjacent Property Owners who support our concerns: ±y Add rt-,i "J AIAC tr i l( wi.v /.b~. f-.......Y f'E w'- C I ' 111 , • r r i I. s: G i t I,r i .~z..-~~--~.~ 1.. f ,~i?•._ ll..~:.~..~.~ay".tr'C----'...:._....._.. _ _L_~.ft..,..s... _i dg~'_...._ ,w;~ J~-...C...... • f r l r y• c`.y„ < ,..i'~~ I d. r ~ ~ v l.d.+i w'. I ? ''s r~ f r ~ 'tom r ' f.... ~l',.t z iw, t•_~1~ _ ! .a 1 ' a'J„ • : -.1 L Li . f I . , • I .erg"•v:,.. f~~.;~~,{,,,-___ .:~"J_~~-t__.-_4~~.,•..{--i-t_._....:`? c~~,.r~- t,._........... tt. f ...1`...71 ,J4r,.2lLy. t a ....:'4r6. 'i t * f ! , A `1E Fd!{~6Q. ,'S,, rs~ Ems' y~"t ` -41, ja C, IP: J!c t 1 W _ . p lot t7 Cfe Yr#55 ' ^ i•,... to :.i "t l'E' _s .11CO44't t Not►tt't: {FG.J FN? T:lO 1 f' i i :S ~ ra ra f{3 L >c ' • CS { ~ i,N i ~ `x1 `i C3 { .'ti to -c J.:h, • ~ ~ ro ~ 1-~. , i :~k M~ t c;'~ ~ fir. .r ' l:; .}.5~~pa +A V' 111 ,'i ~ ~~K :N /.~ijv If LA N (4 _j _ 4 tK► f3ty~5 rol dsi.ln CU ,t Gp •a. wld~_ 0' "Mr.9 pa, VA.-M.-g-4 14r ~ a~:y" w :~7 ~76.t4 tRC.t4 gGI+'~~ lt~• 3~'' ~Mn 1 T RSA I 1 = i n x'~ r:t 2~' t.7 r N. Qom! f I t0'f ( ~ IQ ~a Nd+ lr~ 3 f` 1. i e' 4 r E~ .•y.w4'i,} ;.d t '~]Ir _ ► + L°A.7n3wlz~slDrc'~lplJk'T M 1r:5►lY. t` ~ 1 b`a " X51, y M 1 * y~~"Jr " L' t h O~~Ff`S Its t ',~M ~ 1, - KA N i COMPASS CORPORATION W E ENGINEERING - SURVEYING - PLANNING ♦G S 6564 S.E. LAKE ROAD (503) 653-9093 MILWAUKIE, OREGON 97222 FAX (503) 653-9095 MEMORANDUM is TO: Interested Party FROM: Kenneth L. Sandblast DATE: March 13, 1998 As you requested on the sign-in sheet at either the December 18, 1997 or the February 11, 1998 neighborhood meeting, enclosed is 8.5" by 11" copy of the Riverside Homes preliminary subdivision plat application submitted for approval to the City of Tigard. Included with this application is a tree mitigation plan in satisfaction of City of Tigard development code requirements. As a part of this plan, Riverside Homes is offering to plant new trees on parcels owned by property owners adjacent to the subdivision site. Please contact our office if you are interested in learning more about the possibility of having new trees planted on your property. If you have any questions, please contact our office at 653-9093. KLS:n:lp1an14072\map1ettr.doc N 4 COMPASS CORPORATION W 0 E ENGINEERING - SURVEYING - PLANNING 6564 S.E. LAKE ROAD (503) 653-9093 3 S MILWAUKIE, OREGON 97222 FAX (503) 653-9095 February 5, 1998 City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE: Neighborhood Meeting Notice for Wednesday, February 11, 1997 at 7: 00 p. m. As a representative for Riverside Homes, Inc., I .would like to invite you to a second Neighborhood Meeting being held to discuss a subdivision proposal on: Wednesday February 11, 1998 7:00 p.m. Room 1 of Fowler Jr. High School 10865 S.W. Walnut Street Riverside Homes will be applying to the City of Tigard for the necessary land use approvals to construct a subdivision and we would like to meet with you to discuss the proposal in more detail. This meeting is a second opportunity to meet with interested persons to obtain information on this project at the preliminary plat stage. Please note that these preliminary plans may be altered prior to submittal of a complete application package to the City of Tigard. The parcels involved in this project are located on the north side of Walnut Street, west of Fowler Jr. High School directly across from the intersection of S.W. 114'h Terrace and Walnut Street. If you are unable to attend the scheduled meeting and would like information or have any questions prior to the meeting, I may be contacted at 653-9093. Sincerely, Kenneth L. Sandblast KLS:n:\clerTiinal\working\02-98\4072feb.04.doc N 4 COMPASS CORPORATION W E ENGINEERING - SURVEYING - PLANNING t 6564 S.E. LAKE ROAD (503) 653-9093 S MILWAUKIE, OREGON 97222 FAX (503) 653-9095 December 1, 1997 City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 RE. Neighborhood Meeting Notice for Thursday, December 18, 1997 at 7.00 p. m. As a representative for Riverside Homes, Inc., I would like to invite you to a Neighborhood Meeting being held: Thursday December 18, 1997 7:00 p.m. Room 1 of Fowler Jr. High School 10865 S.W. Walnut Street Riverside Homes is considering applying to the City of Tigard for the necessary land use approvals to construct a subdivision and we would like to meet with you to discuss the proposal in more detail. This meeting will be an opportunity to obtain information on this project at the preliminary plan stage. Please note that these preliminary plans may be altered prior to submittal of a complete application package to the City of Tigard. If you are unable to attend the scheduled meeting and would like information or have any questions prior to the meeting, I may be contacted at 653-9093. Sincerely, Kenneth L. Sandblast AA4072\teeu.ettr.aoc • AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO.- . . 13125 SW Hall Boulevard':WENED PL WING' Tigard, OR 97223 DEC 0 4 1997 cmrOFTIGARD Kenneth L. Sandblast , do affirm that I am (represent) the party initiating interest in a proposed proposed ~b ►;v;s;o►J affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) 11405 S.W. Walnut Street and did on the 1 day of December 19 97 personally post notice indicating that the site may be proposed for a subdivision application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at 2S-lW-3AB T.L. 700 (state location you posted notice on property) ignature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETEINOTARIZE) Subscribed and sworn/affirmed before me on the day of OFFICIAL SEAL CHRISTINA M HAMMACK NOTARY PUBLIC OREGON COMMISSION NO. A043597 ,~'~'L(~~' , Y► , l MY COMMISSION EXPIRES MAY 1. 1999 81 NOTARY PUBLIC OF OREGON My Commission Expires: (ApDLC3-; piease complete information Mow for proper placement with proposed project) rNA ME OF PROJECT OR PROPOSED N.AIMI: Walnut Glen ' TYPE OF PROPOSED DEVELOPN NT: Subdivision Vame of Applicant/Owuer. Riverside Homes. Tnr-- Address or General Location of Subject Property: 11405 S.W. Walnut Street I Subject ?-soer,r Taa tifap(s) and Loc ms(s): 2S-tw-3an T.L. 700, 2000, 2100 2200 - n:loganpacyvristas~fposcrst AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS. City of Tigard ) I, Kenneth L. Sandblast being duly sworn, depose and say that on December 1 1997 , 1 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) 11405 S.W. Walnut S rPet a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at Oregon City, Oregon with postage prepaid thereon. ~ Y"df Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETErNOTARIZE) Subscribed and sworn/affirmed before me on the day of i~_cfn-) CHRISINAIM :SEAL T CK NOTARY PUBLION C OMMISSION 597 ✓ ~l MY COMMISSION EXP999 NOTARY PUBLIC OF OREGON My Commission Expires: (Applicant. please complete information below for proper placement with proposed projec_) r Wain Gl N~:ti1E OF PROJECT OR PROP ~IA.ti1r: ut I OSED en TYPE OF PROPOSED DEVELOP'.fEINT: Subdivision dame of applicanc'Owner Riverside HomeG, Address or General Location of SubjectPropert-~. 1105 S.W. Walnut Street L ubject Pmperrr Tax J Lao(s) and Lot--(s): 2S-lW-3AB T . L 700, 2000, 2100 & 2200 n:'JOg iMOacty+ras: us V C: rnaY. rr~ Abdullah Alkadi Bill Gross Kathie Kallio 11905 SW 125th Court 11035 SW 125th Avenue 12940 SW Glacier Lily Drive Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 t Ed Howden Bonne & Jim Roach Karl Swanson 11829 SW Morning Hill 14447 SW Twekesbury Drive 11410 SW Ironwood Loop Tigard, Oregon 97223 Tigard, Oregon 97224 Tigard, Oregon 97223 Clark G. Zeller Larry Westerman Christy Herr 13290 SW Shore Drive 13665 SW Fern Street 11386 SW Ironwood Loop Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Barbara Sattler June Sulffridge Beverly Froude 11244 SW Morgen Court 15949 SW 146th Avenue 12200 SW Bull Mountain Road Tigard, Oregon 97223 Tigard, Oregon 97224 Tigard, Oregon 97224 Kathy Smith Linda Masters Scott Russell 11645 SW Cloud Court 15120 SW 141 st Avenue 31291 Raymond Creek Road Tigard, Oregon 97224 Tigard, Oregon 97224 Scappoose, Oregon 97056 Cal Woolery Craig Hopkins Mark F. Mahon 12356 SW 132nd Court 7430 SW Varns Street 11310 SW 91st Court Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Pat Wyden Sue Rorman Jack Biethan 8122 SW Spruce Street 11250 SW 82nd Avenue 15525 SW 109th Avenue Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97224 John Benneth Dale M. & Carolee C. Ott Claudia G. Cloud 15550 SW 109th Avenue 11900 SW 116th Avenue 11285 SW Walnut Street Tigard, Oregon 97224 Tigard, Oregon 97223 Tigard, Oregon 97223 Jerry A. Bennett Kathleen P. Rudnick James F. & Gail Olson Stephens 11345 SW Walnut St. 11320 SW Walnut St. 12578 SW 114th Terrace Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Norman L. & Susan A. Monaco Steven D. & Zola Raye Edward V. Heintz 12555 SW 112th Ave. 11270 SW 116th Ave. 12120 SW 116th Ave. Tigard, Oregon 97223 Tigard, Oregon 9722T Tigard, Oregon 97223 Eugene A. Wilson Delos M. & Marlene Dutton Kenneth E. Altmann 12000 SW 116th Ave. 12085 SW 116th Ave. 11305 SW Walnut St. Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Curtis L. Sanders Julie M. Shrum Barbara J. Campbell 12405 SW 112th Avenue 12476 SW 114th Terrace 11440 SW Walnut St. Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Douglas R. Daniels John D. & Sharon D. Fulton Thurston A. Gates 173 Morningside Dr. 12200 SW 116th Ave. 12080 SW 116th Ave. Longmeadow, MA 01106 Tigard, Oregon 97223 Tigard, Oregon 97223 Donald R. Fournier Jack D. Woolard Thomas L. & Diane E. Myers 12005 SW 116th Ave. 11675 SW Lynn St. 11325 SW Walnut St. Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Wallace G. & Eva L. Sweeney Alvin M. & Delina M. Carpenter Brian Raburn 11455 SW Walnut St. 12435 SW 112th Ave. 11340 SW Walnut St. Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Frances McMichael Richard K. & Helen O. Penwarden Karl P. Hanneman 804 W. Ridgeway Ave. 11240 SW 116th Ave. 12160 SW 116th Ave. Hermiston, OR 97838 Tigard, Oregon 97223 Tigard, Oregon 97223 Stephen L. & Yvonne Baker Stephen P. & Julene M. Brown Terry A. & Sandra Morrison 12040 SW 116th Ave. 12045 SW 116th Ave. 12195 SW 116th Ave. Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 M. Glenn & Maxine Jenovich Gary C. & Anne H. Smith Milton G. Sharp 11525 Sw Walnut St. 11275 SW Walnut St. 2432 SW 114th Terrace Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Gary M. & Katherine M. Waxman Roy D. & Mary I. Reeves Michael Dever 12498 SW 114th Terrace 17814 SW 114th Terrace 12450 SW 115th Ave. Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Ronda Kay Peterson Gerald T. & Deanna Lyn Nihill Thomas L. Myers 11513 SW Bambi Lane 11545 SW Walnut St. 11325 SW Walnut St. Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Ronald L. & Patricia E. Kief Dana L. Myers City of Tigard 12454 SW 114th Terrace 12487 SW 114th Terrace 13125 SW Hall Blvd. Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 . e Michael E. & Tamara L. Mullen Marvin T. & Jacki S. Lindquist Douglas & Debra V. Distant 11577 SW Bambi Lane 11565 SW Walnut St. 12465 SW 114th Terrace Tigard, Oregon 97223 Tigard, Oregon 97223 Tigard, Oregon 97223 Lain T. & Michele L. Long Michael A. & Juliet A. Dixon 12455 SW 115th Ave. 11535 SW Bambi Ln. Tigard, Oregon 97223 Tigard, Oregon 97223 ~I d INITIAL rr. 9 8 IlO.m , 0 3400 S.W. MR..IoMN L NICNUN/ 1.1 ^ R A Na $4 v Is v ' AW. COP • Na 371 ^ 39001°' o 4 I p s l J/ 8. a, sq 3500 0 -h 1- ~b TRACT 'B 3800 37.20 33600 4 dN6 (GREENWAY) V t 7 w 3700 4 0 w.a7 65.52 6 d 5 N N69e2cr4'f W p O pdt \ ` 4 $0,28 60' 2200 124.65 /.IOAc. ` • d n N !9651'41'• m ~ 653.62 p .p 240.94 3 403 \ I 8.47Ae. \ 1 406 \ 3.07Ac. I W sp \ ~ ; p \ \ I . n ie r IPA ::23-74 0 SEE M 216.9o Z ` l~ $ o io 0. 2S 1 5 s I • e, ` ° 01 1 ~ p 2100 23-7'4' 1.10AC. 'e C \ ` I e j9g0-033 y \ ao SEE MAP 2S 1 3B 23 \ so2j5 6~' d eg6'4p'f o ~ \ 1 ~ CI G4 M~ 66.96 ~ ~ \ 1 ` eI I KT 4F•f 1 12000 700 = 11.25A1. .65 ac. KT,4 ~eyg I M E ` \ I O W.4 9992 230, 1 9~ ai 1 1`e 11, - I 4: 64o09x :°9" a 404 ~P C 1. ~4oef 1q0 0 =o eqe.~ " ~~~26\\ .SOwc. ,cie°c1 a'`g IN: .I ST$e3Yv. 220• 401 N \ T + I Goo n 1 I I E Vol 0 5 0 'F ..92 Ac- u = \ a_o 1 m ° ~ 1 1V I 6 W WW 244.4 s 69e 14'W 245 111 (2401 '0 VU06N 1022/401 A x.901 W 1'; O $.fa~ own (6R- N YIa.Y w61v i~L'~:r,?r,-••w.'..r:•w•v:G z 'k 4o z1i ~ a~~~7695►~16~% % ~ ~ N Tae _ ,~~nn _ _ 2sz5 3'9°13 w ^ e. en' 100.67 1100 2.5 1 1201 e f 1 1 /N~ TRACT •A• ,~6744KF I ! I I ' ~ 1 ; W 1 I I I 13 \ m ,7,s61sF, 1 I ~ i a i I I n I PLAN i I ; "LOS~cci~ SCALE. 1 20'1 64- I r I I I I 14 7,543 12 - } ~I ^7510SF-¢\ r 15' I , 7 00 f j I N : y - - t,, TRACT jr 4 I 15 11 a\ 0VIEH: Ciom ~ 17,687Sf. 7.512 IF. l~ f% f I I co I ti 1 roo• 1 IR \ •l Q 16 i t3 { 7.529 SF h ~9 7,5301 wtt \ 1 \ 't I IQ1' k t - i 7Y TRACT\C• t. I j I ~ 17 ~ - 7.520 S.F. loo I 1' Im' m 1 9 } rzi• i 7,513 SF I ~ 1. I 18 81 tsr 1 : b ( 1 T' co to 7,559 SY- i j I 19 1 8 I~ t 1 e 2590 IF. 1 ~sn S.F. 7,521 IF 4 e 750 ~F ^ 3_ 42'152 IF 5 I 1 i ± I OJ / 95• 28, 7,574 IF a t I 9r - ,5 TRACT D• 21 7,5 59 SF. 7,S18SF 4 7,649 SF 22 '.4 1.1347 SF. ! t 1 i L?j(7,f5,l3VSF. I WA~ RIVERSIDE HOMES 15455 NW GREENBRIAR PKWY, SUITE 140 BEAVERTON, OREGON 97006 s" PR EL I MINA R Y., PLAT TEL: 645-0986 A COMPASS CORPORATION WALNUT GLEN SUBDIVISION 1 f W (*E ENGINEERING * SURVEYING * PLANNING TIGARDI OREGON 6564 S.E. LAKE ROAD (503) 653-9093 PHONE } S MILWAUKIE, OREGON 97222 (503) 653-9095 FAX C:\4072\4072EXH1, 02/25/98 AT 15:19 1 , N TRACT A' ~ n 1 i \ 4674 KF -f 17,681 SF 1 1 7~ S I m PLAN . _ ; " \ Avo,~c; SCALE: 1" = 720'! t 1 64' ,s > i t _ _ 754J 12 - n I 7,510 SF. •,y\ ,,1 I 6 15 T - YA 4v i TRACT W s I W I~ 17 1 7SF. 11 a\ ca: scat 7,512 SF roo' \ t f I 16 Ag 1 .3 f 33 ~ ~ 1 7,529 SF. 7,570 S.F. g"•\ r•---~\ '1 F ~ MR J i ( _ 102' 7T ~ M4CT1CC' { I 7,520 SF. 100 I 1 I I I m 9 + i 1 121' 7,51JSF. I $ 18 Oro I 7,559 SF h 90, t 119. I t j 7 S j 19 / 7,511 S.F. 7,5215E i 7,590 SF. 1{ j „°'.~^-A.'.-.✓'~ t ~i I 7TpJ~ 105 E'l1 q to, i ~ Z 20 I 7,507SF. 3- E4252 .S y/ 7,574S F. I / - 1 1 94' ! i I / r sr er' 15 = TRACT 'D' E i \ 21 f 7,559 S.F. 2 7,51J SF. 3 i 1 >q 7,528 SF. I , G tt i I 1 7,60 S.F. i J I I 22 1 i I •~'8,.u75F 8 7,579Sf. 22' I r •'~'--WAO RIVERSIDE HOMES i ` 15455 NW GREENBRIAR PKWY, SUITE 1401 BEAVERTON, OREGON 97006 P kE L I M I N A R Y, PLAT TEL: 645-0986 t m1S ! A COMPASS CORPORATION WALNUT GLEN SUBDIVISION 1 ! w E ENGINEERING * SURVEYING * PLANNING TIGARD, OREGON 6564 S.E. LAKE ROAD (503) 653-9093 PHONE 1 MILWAUKIE, OREGON 97222 (503) 853-9095 FAX 1 1 S i C:\4072\4072EXH7. 02/25/98 AT 15:19 STY OF TIGARD PRE-APPLICATION CONFERENCE NOTES: S RESIDENTIAL DATE /13/97 STAFF: Ilv/ ;q L ,q Qn~ ~&VIA f~e» Sg~ ~~/Q.~ -AGENT: R%ve~s~ ~e ~~-le3 Phone: ( l /,~)53 - qo q3 Phone:( l 6 - o 9 P4 PROPERTY LOCATION: _ ADC21TAX TAX LOT: 2:5 1 o 7-Z-'700, oo '2-/a a '0 zZo a 6 w M' NECESSARY APPLICATION(S): Sy~~'ys~ o~., V4~ia f~ v ~r1 PROPOSAL DESCRIPTION: sv~~ydr.~e ~i COMPREHENSIVE PLAN OESIGATION: Lo~,✓ ZONING DESIGNATION: CITIZEN INVOLVEMENT FACILITATOR: TEAM AREA PHONE 15031 r ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size:75o01sq. ft. Average lot width:So ft. Maximum building height: 30 ft. Setbacks Front ;ZO ft. T- Side -S ft. Rear 15 ft. Comer /S ft. from street. Maximum site coverage: % Minimum landscaped or natural vegetation area: [Refer to Code Section 18. 50. oso) DIT10 IMENSIONAL REft5feet, M Minimum lot ron age: 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'/Z times the average width, unless the parcel is less than 1'/z times the minimum lot size of the applicable zoning district. (Refer to Code Section 18JUD60 lots) CRY Of TIGARD Pre-Uplicadon Conference Notes P29810110 Rosidootlsl AsdUcttlNTlooalad CMslot Socdoo ECIAL S MAC / -7 ➢ treets: 30 feet from the centerline of 1yolnuL r > Established areas: feet from > Lower intensity zones: feet, along the site's boundary. -_7> Flag lot: Ten (10)-foot side yard setback. > Zero lot line lots: minimum ten (10)-foot separation between buildings. > Multi-family residential building separation: (Beier to Code Section 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 appilcoble zoning district setbacks for primary structur Al SUBDMSION PLAT NAME RESERVATIO ng a ubdivision 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 approval/reservation 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 SWeyorS Office: 648-88841 6 lOT BOILDIN6 E16NT ROY ' es or 25 feet, whichever is less in most zones; 24/2 stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Code Section 18.98.030[B) are met. SIDENTlAL DENSITY CALCULA ON [See ~on e e esl ential Units a owe 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 land 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 EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE (3,050 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSMVE LANDS Single-Family Muld-Family 43,560 sq. ft of gross site area 43,560 sq. ft. of gross site area 8.712 sq. ft. (20%) for public right-of-way 6,534 sa. 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) = 1U Units Per Acre = 12.1 Units Per Acre The Development Code regalres that me net site area W9 for the awdwhole daffing 011. NO BOUNDING OP IS PEBMITTED. CITY OF TIGARD Pre Pllcadon Conference Notes Page 2 of 10 1@0881121 A00ueatlONMAN01e9 edeSIoo S~etloo BLOCKS + 10 e 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 D SITY TRANS a lows a Residential Density Transfer of up to 25% of the units that could otherwise have been developed on sensitive lands areas listed in the density calculations that may be applied to the developable portion of the site. (Refer to Code Section 18.92.0301. It is the resoonsibiliiy the applicant for a residential development application to provide a detailed calculation for both the permitted residential density and the requested density transfer. RESIDEMML DENSITY TRANSITION Regardless of the allowed housing density in a zoning district, any property within 100 feet of a designated established area shall not be developed at a density greater than 125 percent of the maximum Comprehensive Plan designation (not zoning) of the adjacent parcel. Transition area applies to any prope which is a designated established area. The subject . roperty is designated as an s /tisl area. The subject property is adjoined b v in areas to th n , ,gran RE STREET PLAN AND E)(TENSION OF STR an s a 1: 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 S REQUIREME All subdivisions and minor pa i ions 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 lots: 1. Demonstrate a north-south dimension of at least 90 feet. 2. Demonstrate a front lot line orientation within 30 degrees of a true east-west axis. CITY Of TIGAAD Pre4opllcatIon Conference Notes Page 3 of 18 teslaoatlal ApollcatlnRlaulpo OMalse Sactlon The total or partial exemptio f a site from the solar access requireme t 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 he exempted or adlusted out. The following items shall he Included in the analysis: 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. CITY OFTIGARD P"Plicadon Conference Motes Page 4 of 10 ResideanaI lsouesdoWtudq Wslev Seeno PLEASE NOTE: Re ardiess of the oodon(s) used mrounh the design of the SnbdilllSIon Or Minor Land PaftWon, all one and two famill singfe-famihl residences are reviewed through the building uermlt luocess for compllance with Solar Balance Point Standards. Please Contact the Building Ohflsfon for further informailon renardluo the Solar Balance Point standards and the oodons that are avallable related to building height and consimcdom ARKIN6 AND ACC eas and driveways must be paved. ➢ Single family: Requires 2 off-street parking spaces per dwelling unit. • Multiple family: Requires 1.5 parking spaces per unit for 1 bedroom. (Multi-family - requires 2 parking spaces per unit for 1+ bedrooms.) Multi-family dwelling units with more than 10 required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. (Refer to Code Secdon 18.106.0301 No more than 40% of required spaces may be designated and/or dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: Standard parking space dimensions: 8 ft. 8 inches X 18 ft. Compact parking space dimensions: 8 ft. X 15 ft. Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. BICYCLE RACKS Bicycle racks are required for multi-family, commercial and industrial developments. Bicycle racks sh I be located in areas protected from automobile traffic and in convenient locations. Bicycle parki es shall be provided on the basis of one space for every fifteen (15) required vehicular pa ' spaces. Minimum number of accesses: Mi access width: Maximum access width: Minimum pavement width: REQUI7elmlingshall ached housing (except two-family dwellings) and multi-family developments, each residential be connected by walkway to the vehicular parking area, common open space and recreation facilities. `CLE~AR`YISIOM 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 Secdon 18.1021 CIffY 0FTIURD Pre Pllcatlon Conference Motes page 5 of 10 etsldoOUil AYollatltl/M1a01D/ OM3198 soetloe ,OFFERING AND SCREENING In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied 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 often advisable even if not required by the Code. The required buffer areas may gj* be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter 18.1001 The required buffer widths which are applicable to your proposal area are as follows: ft. along north boundary. ft. along east boundary. ft. along south boundary. ft. along west boundary. In addition, sight obscuring screening is required along EET TR Lees Str 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 of one tree for every seven parking spaces must be planted in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. [Refer to Code Chapters 18.100, X1106 and 18.1081 REMOVAL PLAN REQUIREMENTS A tree pan o e planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use 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 less than 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070. D. of no net loss of trees; b 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; CITY Of TIGARD Pre-Appllcatlon Conference Notes Page s ollo aaaldaotlal Apolicatloa/►laoaloo GMalon Soctloo b Retainage of A 50 to 75 percent of existing trees A 2 inches in callper 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; Identification of all trees which are proposed to be removed; and > A protection program defining standards and methods that will be used by the applicant 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. (Beier to Code Section 18.150.0251 MITIGATION eplacement of a tree shall take place according to the following guidelines: > A replacement tree shall be a substantially similar species considering site characteristics. > 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. > 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: > 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. > 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 to Code Section 18.150.010 (Dl SIGNS Sign permits must be obtained prior to installation of an e I of Tigard. A "Guidelines for Sign Permits" handout iI tonal sign area or height beyond Code standards may be permitted if the siged as part of a development review application. Alternatively, a Sign Co ion ad for review before the Hearings Officer. ENSITM LANDS e to areas providnds which are potentially unsuitable for development du within the 100-year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or on unstable ground. Staff will attempt to preliminarily identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive lands areas and their boundaries is the res op nsibilily of the applicant Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application (Refer to Code Chapter 18.841 CITY CIF TIGARO Pre-ApplIcadon Conference Notes Page 1 of 10 I/sldesUMAPP11atloo/Floooloi Wsloo Sectlao Chapter 18.84 also provides TCsgulations for the use, protection, or edification of sensitive lands areas. Residential development is prohibited within flood plains. 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.B. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of 18.84.040.8.2 and 18.84.040.B.3. U ED SEWERAGE AGENCY NSM BUFFERS NDARDS, R & 0 96 Land development adjacent to sensitive areas shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The vegetated corridor shall be a minimum of 25 feet wide, measured horizontally, from the defined boundaries 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 of a portion of the vegetated corridor, then the surface water in this area shall be directed to an area of the vegetated corridor that is a minimum of 25 feet wide. The maximum allowable encroachment shall be 15 feet, except as allowed in Section 3.11.4. No more than 25 percent of the length of the vegetated corridor within the development or project site can be less than 25 feet in width. In any case, the average width of the vegetated corridor shall be a minimum of 25 feet. Restrictions in the Vegetate Corridor: No structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as allowed below: > A gravel walkway or bike path, not exceeding 8 feet in width. If the walkway or bike path is paved, then the vegetated corridor must be widened by the width to the path. A paved or gravel walkway or bike path may not be constructed closer than 10 feet from the boundary of the sensitive area, unless approved by the Agency or City. Walkways and bike paths shall be constructed so as to minimize disturbance to existing vegetation; and > Water quality facilities may encroach into the vegetated corridor a maximum of 10 feet with the approval of the Agency or City. Location of Vegetated Corridor: In any residential development 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 be used for the construction of a dwelling unit. [Refer to R g 0 96-44/USA Regulations - Chapter 3, Design for SWWU fNARRATiYE 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. CITY OF TIGARD Pre-Applicadon Conference Notes Page t of 10 safldaatlaldp011atlaaR1222101 GMslao soctloa J CODE SECTIONS 18.80 f 18.92 18.100 ✓ 18.108 _ 18.120 x/18.150 a/ 18.84 718-96 18.102 _ 18.114 _ 18.130 x'18.160 18.88 _,,,-18.98 _Z18.106 _ 18.116 18.134 _ 18.162 8.164 IMPACT STDD 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 .0501 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 .2501 iEIGNBORR00D MEETI +ieaFi 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) lDIN6 PERtr anuildi ng 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. RECYCUN6 Applicant should contact franchise hauler for review and approval of site servicing compatibility with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625-6177. [Refer to Code Section 18.1161 ADDITIONAL CONCERNS OR COMMENTS: ' ~~o ze/` /S 2XC~~S dive Po / ~r,'y4~e Bps Sc/'v~i~ if9o ion o C/n/~s ~e O~/. L ri►o~ e Gv Q/12G~ _ V. CITY OF TIGARn Pre-Application Conference Notes page 9 of 10 ResldeotlalAppllcetloaRlaonloy Division Section 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 be 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 dtaff report or a~iministrative 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 CiAl a mc,,1 A basic flow chart which illustrates the review process is av ilable 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 Communihl 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: Tv~" A ° d~I~ CITY OF TIGARD P NINE DIVISION PHONE 150316394171 FAX- 150316847297 hAogin\pa"reapp-r. mst (Engineering section: preapp.eng) 28-Mar-97 CRY OF TIGARD Pre Pllcadon Conference Motes page 18 of 18 easidsatlal APalleatloa/►lanalo/ Wslos Secooa Page No. 1 CONDITIONS/CORRECTIONS FOR CASE NO.: MLP90-0004 SVEN K KVARNSTROM 11405 SW WALNUT ST 11/12/97 1) PARTITION SURVEY PLAT 2) LID - WALNUT STREET 3) STREET OPENING PERMIT 4) PAVEMENT WIDTH - DRIVEWAY 5) JOINT USE MAINT. AGR. - DRIVEWAY 6) ADDITIONAL R-O-W ON WALNUT 7) EROSION CONTROL PLAN , 8) LOCATE EXISTING UTILITIES plan shows utilities, if they will cross new prperty lines they will;require easements. 9) SANITARY SEWER CONNECTION PLAN 10) SCREENING OF DRIVEWAY 11) TREE REMOVAL PERMIT CITY OF T GARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST A ik CITY OF'nGARD 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: jZ:.A 4 Date: 11 APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE./ MARKED ITEMS A) Application form (1 copy) B) Owner's signature/written authorization Ir7~ C) Title transfer instrument/or grant deed D) Applicant's statement No. of Copies -F E) Filing Fee $ 11 SITE-SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE MARKED ITEMS A) Site Information showine: No. of Copies ~?3 1. Vicinity map 2. Site size & dimensions a~ 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) 4. Drainage patterns, courses, and ponds 5. Locations of natural hazard areas including: (a) Floodplain areas (b) Slopes in excess of 25% (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 8. Location of existing structures and their uses 9. Location and type of on and off-site noise sources ❑ 10. Location of existing utilities and easements 11. Location of existing dedicated right-of-ways LAND USE APPLICATION J LIST PAGE 1 OF 5 6) Site Develo meetn Indicatin • No. of Copies -7'~~ 1. The proposed site and surrounding properties ❑ 2. Contour line intervals ❑ 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties ❑ (b) Proposed streets or other public ways & easeme on the site ❑ (c) Alternative routes of dead end or proposed reets that require future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site ❑ (b) Parking and circulation areas ❑ (c) Loading and services area ❑ (d) Pedestrian and bicycle ci ulation ❑ (e) Outdoor common are ❑ (f) Above ground utili ' s ❑ 5. The location, dimensi s & setback distances of all: (a) Existing perm ent structures, improvements, utilities, and easements hich are located on the site and on adjacent property ithin 25 feet of the site ❑ (b) Propo d structures, improvements, utilities and easements on a site ❑ 6. Storm ainage facilities and analysis of downstream conditions ❑ 7. Sanit ry sewer facilities ❑ 8. Th location areas to be landscaped ❑ 9. a location and type of outdoor lighting considering crime prevention techniques ❑ 1 The location of mailboxes ❑ 1. The location of all structures and their orientation ❑ 12. Existing or proposed sewer reimbursement agreements ❑ C) Grading Plan Indicating: No. of Copies 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) ❑ (d) Approximate time of year for the proposed site development ❑ 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report ❑ (b) The validity of sanitary sewer and storm drainage service proposals ❑ (c) That all problems will be mitigated and how they will be mitigated ❑ LAND USE APPLICATION / LIST PAGE 2 OF 5 D) Architectural Dra s Indicatin : No. of Copies The site developme plan proposal shall include: 1. Floor plans indicating the square footage of all structures proposed for use on-site 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: No. of Cop' s 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 ❑ 2. Location and height of fences, buffers and screenings ❑ 3. Location of terraces, decks, shelters, play areas, and corn on open spaces ❑ 4. Location, type, size and species of existing and propose plant materials ❑ 5. Landscape narrative which also addresses: (a) Soil conditions ❑ (b) Erosion control measures that will be used ❑ F) Sign Drawings: ❑ Sign drawings shall be submitted in accordance with hapter 18.114 of the Code as part of the Site Development Revie or prior to obtaining a Building Permit to construct a sign. G) Traffic Generation Estimate: ❑ H) Preliminary Partition/Lot Line Adiustme t Ma Indicatin : No. of Copies 1. The owner of the subject parce ❑ 2. The owner's authorized agen ❑ 3. The map scale (20,50,100 200 feet=1) inch north arrow and date ❑ 4. Description of parcel loca 'on and boundaries ❑ 5. Location, width and na s of streets, easements and other public ways within and adjac t to the parcel ❑ 6. Location of all perma ent buildings on and within 25 feet of all property lines ❑ 7. Location and widt of all water courses ❑ 8. Location of any tees within 6" or greater caliper at 4 feet above ground level ❑ 9. All slopes gre er than 25% ❑ 10. Location of isting utilities and utility easements ❑ 11. For major nd partition which creates a public street: (a) The proposed right-of-way location and width ❑ (b) A caled cross-section of the proposed street plus any reserve strip ❑ 12. Any a licable deed restrictions ❑ 13. Evid ce that land partition will not preclude efficient future land di vi ion where applicable ❑ LAND USE APPLICATION / LIST PAGE 3 OF 3 1) Subdivision Prelimi Plat Map and Data Indicating: ONo. of Copies 1. Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet 2. The proposed name of the subdivision 3. Vicinity map showing property's relationship to arterial and collector streets 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% 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 (b) Public and private sanitary and storm sewer lines ,ice (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 K 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 CF) 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 C~ 13. Scaled cross sections of proposed street right-of-way(s) Z~ 14. The location of all areas subject to inundation or storm water overflow 15. Location, width & direction of flow of all water courses & drainage-waysLe~- 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 Cv~% 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 1~~ 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 / LIST PAGE 4 OF 5 J) Solar Access Calculations: C3 K) Other Information No. of Copies -1~ Try /e.~v~r l4 h:Vogin\patty4nastersU{kl ist.mst may 23, 1995 LAND USE APPLICATION LIST PAGE 5 OF 3 • ZSI 2-, A~ ZwE>, Z Z CSC> - C.wgn tv~kc.~,1 City o, Tigard .0regon 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: ( -I ll -NSY to 2,S feet from centerline. to feet ( Nb~ Sir . ( ) to feet from centerline. Street improvements: I street improvements will be necessary along wPti-ti►~ ~T• street improvements will be necessary along tiF_~ S -~C (v~ Street improvements on W~-j S"t• shall include ZZ- 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 Ce&l Business District), necessary sts signs and traffic control devices, streetlights, and a two year streetlighting fee. ae Street im rovements on I S' shall include Z~ feet of pavement fF=n , plus the installation of curb and gutters, storm sewers, underground placement of ken 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. VJ-- FW~ A 321 P°c 5e-r-~L,A A#,+0 13o' P-'uJ V w oR,p&_ -r,, APA7-4a- ( 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. There are existing overhead utility lines which run adjacent to this site along SW W►.L~ ~T. . Prior to T2~ f~►acr gr-- T1xf , 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: 0) (2.) Pedestrianways/bikeways: Sanitary Sewers: The nearest sanita sewer line to this property is a(n) inch line which is located Am MiC~T w A ?%J~LAL- Q,,sEus,-R-The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to T>Alt- r? PLF-cc.. 5G,/<0_ AS. tXoco -v- e csar-_ T.lAg- Au- 1,k ~ L_-5T,> 1&y£ Ot Eecr cck4-crt-4 'r- tk ft Ac- %AA:bR- K~~ uNc, CITY Of TIGARD Pre-Application Conference Notes" Page 2 of 5 Engineering Department Section Water Supply: • ~((,f' `,~I~~-~, V"1II~ ru~Z~ The ,cFa2o Water t - Phone: (503)_(6 ,9-~i'll 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. r IF Fr&\/tf6 T~b"Afj~ 304A F A`► Ftk- PrA/M J 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. c aA--SS PoAD 5c i"-c M\ Ma Xguc- S1A*0-_T 'S 'r G2vat~/ ~,4Gt L f T~ ~?dA~ yigLC- ~ /Or h/rLL M rat . , 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 phosphos contained in 100 percent of th*orm 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: 4 2lo .oE) ( v11, Construction of an on-site water quality facility. ( ) Payment of the fee in-lieu. 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 TIE 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. W + ' I AtA~tjT STS IM P2~JE MEx sirs wi~~ FA'= 6a~iK~,E FdZ 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 TIGARO Pre-Application Conference Notes Page 4 of 5 Engineering Department Section NOTE: If an Engineering Permit is required, the 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: U/11117 ENGINEERING DE ARTME T Phone: (503) 639-4171 Fax: (503) 684-7297 h: Vog i Mpatty\preapp. eng (Master section: preapp-r.mst) December 23, 1996 CITY OF TIGARD Pre-Application Conference Notes Page 5 of 5 Engineering Department Section i APPLICANT- RIVERSIDE HOMES 15455 NW GREENBRIER PKWY, STE. 140 BEAVERTON, OR 97006 645-0986 APPLICANT REPRESENTATIVE.• KEN SANDBLAST COMPASS CORPORATION 6564 S. E. LAKE ROAD MIL WAUKIE, OR 97222 653-9093 p ' PARCELS: 74• 25-1 W-3A T.L. 700, 2000, 21000 & 2200 w ~ • ~ J ZONING: R-4.5 85' y an J y ~ s9' sq. J N N ~ 8 y9 A y w o .n i w T - 79' 00 ~ J • A y 119' J J _ ~cn emsim Rcf9004Y ' ro REMAIN 'n s s c~ a ' ~ 41 67 y M 100 i i J r PRELIMINARY PLAT COMPASS CORPORATION ENGINEERING SURVEYING PLANNING WALNUT STREET SUBDIVISION 8584 S.E. LAKE ROAD (303) 833-9093 PHONE 2&1W-3A TAX TAT 700 MILWAUKIE, OREGON 97222 (503) 553-9095 FAX t RIVERSIDE HOMES PLAN 974072 SCALE I" = LOIN / • d<e ap 44 I T+ TRACT J> a 7800?3737.20 00 3600 p (GREENWAY) v a ° a, 4 m 63.52 $ed~ ` Y1p 6 w 5 a M6a 2~~91 "O ` ~ 9 G'0.26 2200 `h^, 121.60 /./OAC. o o ~ A 66-51'41°• 553.62 n n CM _ 2°0.9° 3 403 r.tiAe. \ \ 406 \ 3.07Ac. r ° to e ( ` s 23-7-4 \ \ ° f, \ \ I a~s SEE MAP °o I 216.50 2 \ `des o~ 0 : : 2S 3AA \ei''ywi I ~ o o ° ~p pm\ \ o wl2! w zwo 044 a, SZ \ ( f \ _ • 2 S o ' y v' I 19 9 fl Z ' 23 \ \ 8 a I r E \ 1 \ °rI (ice KTas+~7'a. \ 1 2000 700 ` I 11.25.4c. .83 = I 5T E gas7• \ ew w VI 'C I FOR ASSESSMENT PURPO! °407 °9:' ge`\ l Is DO NOT RELY ON FOR AN' 09AC 404 ° BOAC o L r d 1f \ a} f i- 220 ° .a m old& MT6°4^ 1- n t\ \ p p i I 220' a 401 a\ t I p $ ata°5ew• p .NAe. M \ 1 1 It \ WI m I I GOO .go Ac. a ° :I I I z \ a \ 6 89-14. w 244.a 569° 14'w 245 + _ \ T' u sl, 02401 TO -11C 1022/501 e g.TB°'•~'A B[FIR fCR. 1 « _ °•ar°malb`t°@le?+~.+ia+.....:,..-•.a.. 40 21i r'•~~~~~T%«~T ~l7T'R7~~ial0►~a^~~~~~~~.~~~~ .o m \ 76° 2325 SB9°1 w ipe,~ 62.5) (6251 17- 220 M BO 2300 900 R.20 5d Rc2O IA~, AQOA. 11 T°° E p.5~ H 2400 U7 - W 1000 "0. 2500 «T sow ? 34AC. 0 /9 0 Q s PE r 2600 p W r ° ° I 1Mn~' 7p 1M .34AC. o I ILL1m m I wo J IM, 1 r H A E I 1 3^a W ~ ` s, R69°01 W a'"' 4B 1001 1400 235.1 Z 1300RBrOl,w L 19 - Fr / p = s1.6:1 a 8 is N m _ 2900 ` ' C= Ltl _.ad_ T125.50 r I I J 1 ) _ eve 6'e"" S M T W T F S 1 • 2 3 4 5 6 7 8 1 11 12 1 14 1 9 0 3 5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 8:00 8:30 [ 9:00 [ 9:30 > >[:1:1:1:1:1:1:1:»» < <s . ' .'331f> 10:00 I> >III <zi<><> €<€<> > 13[~.;:~:.:Bu.rear:.;:.;:.;:.; 103 1: rvtl f:.:::::::::::::::::...................... 11:30 '>[[>>'>''`'.'<'II>III >`><<>>>>>>[><><`': 12:00 12:30 1:00 1:30 2:00 2:30 x~:: a rd lvs 1 du1 3 3 4:00 4:30 5:00 5:30 6:00 4:21 PM Friday, November 07, 1997 I v ove 5e~r 1 p S M W T T F S 1 8 2 3 4 5 6 7 9 10 11 12 13 14 15 ' 16 17 18 19 20 21 22 23 24 25 2627 28 29 30 8:00 8:30 9:00 9:30 10:00 10:30 11:00 ltw 6rscc::>Htrrr$s:::>V~F~tr~u::::[.ers<:S6d~>tis9::::> 11: 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 3:57PM Friday, October 24, 1997 J '0~°8!- t.27 i) 26 -Z : ~ J - - 1, - _ ~ Project 1/4 Mile Downstream Runoff Contribution 5 Acres = 4.72% Robinsory,± .:.~sl~.. •v.:o.aw:. s-.. e • % 106 Acres Approximately 5% ;r = `a\, 35 ~ecer.'~~ 52 4 _ ~ 00 ' II 200 ^~1 _ \ I ~ S•• ~ ~\~1z •C'1 G rv. 00 ,i •200_ r ` = A REA 106 ACRES I ~ 1 a' ~-t... • .T .I fit`:- ~ : V±~..\`,-,.'~~~.7:~, . 1 1 SITE: l AREA r 5 ACRES 1 - - ` ' 1/4 MILE DOWNSTREAM,- V_ ~ ~1 / %~^Ol li ~ ^e il2~a~~ ~~ta~l.,''1///:_•.~.'•/'•'' i•~~~ ii~ a 83t/'. n ~ ~ ~ ---yam..,: t ancsor~~~. ^~,,.p~.\ ~ \ fem.,: ~i - i5DC52' .-l 1 rl A I L9,%~~,' it ~~i/, • : i% ~ iii ; ~•-LL~~~pj. ~ . =..~/~:,'•~'•~~'t,..:_'' ~ : r r ~~~;N~..~ `ib,: . ` • _i I'`' • I ~~~„i; i •`s-~ - ,jl' 1 ~t~✓ ..a~ _ - /mil f%.. .'/;i rho - ✓,f r: :7r ' • / ~ l IIIu~ ~ 1, ~ - - ~~,r- ' G , ~ Op l'I. ~ / - 'i 1, ~ / ' ~ y5 ~ ' fryer S>~T,~pa~ Sr_ • I St! £furJy /i BM G'L59 ' • r, /W Y by ^ L~?- it.,l~ n /ll~~~/ -~~1~ l%/'~=~/ - \~6" ! IV! '/\~t " ~ u ~ j / ~ , I ~ ' ii: jj~ ~~'~.i l,~ I. . 5., r - - ~ .r_ • . ~ j \ 600 . ~ ,l ~0' ' 00''' , ~ ~.y~~7(-~ ~ = _ r . ,:ice / _ c sw •~:5arrt_.~ Ali. \ - ; ~:.:•-ice; :fir,"i! . ,~cb~-- Y ~ : - - j-~~ _ - -44 o i /:rec.•. 185 _ re 1., _ , :I stq 0 AM zCL~ (7o.a0/, •~.f'j•„ I' ~i J ~r .7-1_~'i - igh Sci: BEAVERTON QUADRANGLE. OREGON-WASHINGTON CO. i -.5 MINUTE SERIES (TOPOGRAPHIC) 7. - I 1000 0 1000 2000 0,u .rnw 5(m 6000 ; a_. 510 Q~o9,ext c-Al y a;Jnisociatzi ~z~ and 1'anc~sca~ ~.onsu~tin~ cSszvicF MEMORANDUM TO: Kenneth L. Sandblast, Planning Compass Corporation FROM: Robert Mazany ASCA #133 Consulting Arborist DATE: March 19, 1998 RE: Site, Plan, Report Review Walnut Glen - Tigard I have completed my site, plan and arborist report review for the Walnut Glen, Tigard proposed subdivision as requested. The attached Field Note Narrative reflects observations and tree condition assessment of those trees recommended to be retained. It also addresses those trees which should be retained pending further site staking and a more detailed condition assessment or potential construction impact prior to a determination by the Consulting Arborist for additional removals. I trust this information will be sufficient for your needs at this time. Please contact me when I may be of further assistance on this project. Attachments: Field Note Narrative Color-coded Plan Tree Preservation/Protection Specifications n CI). r13ox 1305, BEavEzton, cozE9on 97075 - 503) 646-0897 Field Note Narrative Walnut Glen Subdivision Tigard, Oregon March 18, 1998 The following field note narrative is submitted to document observations during site and plan reviews by Robert Mazany ASCA #133, Consulting Arborist, of Robert Mazany and Associates. It is my opinion the following trees can be retained provided tree preservation/protection requirements are adhered to and therapeutic care recommended is accomplished following the clearing phase of the project. Tree Number 2062 & 2064-2067 Retain as a group and prune as required. 2104 This Pine is in good condition and well located. 2109 Prune as required with some selective low branch removal to clear proposed improvements. Structural support may be required. 2153 This triple stem Cherry has the canopy equivalent of an eighteen inch diameter tree and is in good condition. 2160 Pruning will be required and possible structural support. 7 2177-2181 Though smaller, these trees are well located as a group. 2193 Pruning required. 2287 & 2289 Appear to be located sufficiently distant from proposed improvements. 2295-2296 & 2300 Close to east property line away from proposed improvements. 2308 In good condition - located beyond construction envelope. t-~ 2338-2369-2370 All are located within or in close proximity to Tract "A". 2376-2377-2378- 2381, 2390-2391 2362 At west property line - Heavy with Ivy, but can be retained. 2365 Prune and remove Ivy. 2381 Well located to retain - Prune. In addition to the above, the following trees should be retained until the site clearing is completed and site improvement staking is in place. At that point a more definitive assessment of condition and location in proximity to proposed improvements can be made. Tree Number for Decision Deferral 2190-2199-2205-2206-2209 through 2212-2215-2250-2256-2363-2366-2383-2385-2386. There are also two trees, 2327, an Ash, and 2328, a dead Fir snag, which should be retained for continued use as wildlife trees. General Comments: 1. Many trees identified as Maple are Ash or Alder. Trees recommended to be retained have been field marked with a number tag and chartreuse ribbon. 2. Pruning requirements are to ANSI A-300 standards. Conifers - Remove deadwood to one inch diameter and thin interior crown ten to fifteen percent. Selective low branch removal. Deciduous - Prune for deadwood removal one inch in diameter and larger. 3. Structural support refers to cabling to protect potentially weak stem unions. 4. Tree Preservation/Protection specifications attached. 5. The Consulting Arborist must be retained to monitor clearing limits staking, tree protection fence placements and installation, site improvements and other construction activities which may adversely impact trees to be retained. 6. Approximately 552 diameter inches of trees are recommended to be retained with 394 diameter inches recommended for removal decision deferral. CITY of noon IFIDAVIT OF MAILING Community rDeve[opment ShapingA Better Community 0T ~D County of Washington ) ss. City of TWard 1, Patricia L. GunsforQ being first duly swom/affirm, on oath depose and say that I am an Administrative SpeciaCut II for the City ofTWar( Washington County, Oregon and that I served the following: (CAm*APP Whit W$) Bab4 ❑ NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (File No.Mam Reference) ❑ City of Tigard Planning Director NOTICE OF PUBLIC NEARING FOR: q, 1 q9- /I ❑ AMENDED NOTICE r R ) (pate d Pudic Hearing) ❑ City of Tigard Planning Director V Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council 0 NOTICE OF FINAL ORDER FOR: V~7 0 AMENDED NOTICE (File No./Name Reference) (Date d Pudic Hearing) ❑ City of Tigard Planning Director 0 Tigard Hearings Officer ❑ Tigard Planning Commission 0 Tigard City Council ❑ NOTICE OF. FOR: 7 (TypetKind of Notice) (File No./Name Reference) (Data d Pudic Hearing. d applicable) A copy of the PUBLIC NEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE[S] of which is attached, marked a MIR "A", w m iled to ea " d person(s) at the address(s) shown on the attached list(s), marked Exi11bRB on the /'M~y of 1998, and deposited in the United States Mail on the day of Z z4_ 1998, postage prepaid. (Person t Pre otice / Subscribed and sworn/affirmed before me on the G~ day of , 199. OFFICIAL SEAL 77 DIANE M JELDERKS NOTARY PUBLIC OREGON i COMMISSION N0.046t42 .)MMISSION EXPIRES SEPTEMBER 07, 1999 NOTARY PUBLIC OF OREG My COQI11 fission Exp 7 EXHIBIT A CITY OF TIGARD Community Development Sfwping A Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. JUNE 8.1998 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: SUBDIVISION (SUB) 98-0001 VARIANCE (VAR) 98-0002 FILE TITLE: WALNUT GLEN SUBDIVISION APPLICANT: Bill Wagoner APPLICANT'S Ken Sandblast Riverside Homes REPRESENTATIVE: Compass Corporation 16666 Greenbrier Parkway, Suite 140 6564 SE Lake Road Beaverton, OR 97006 Milwaukie, OR 97222 OWNERS: Eva Sweeney, Wayne Thompson, Kent & Brenda Wizer, Ken Kvamstrom, and Dianne Kvamstrom (Ownership location and addresses available upon request). REQUEST ➢ The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-two (22) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. The Applicant states that existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106; 18.134, 18.150, 18.160 and 18.164. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL 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 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION NOTICE OF 6/8/98 HEARING'S OFFICER PUBLIC HEARING ANYONE WISHING TO PRESENT r TTEN TESTIMONY ON THIS PROP0Qr-1- ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HE ..a. ORAL TESTIMONY MAY BE PREA . TED AT THE PUBLIC HEARING. AT 'THE PUBLIC HEARING, THE HEAR GS 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 MAY 19, 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 (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25~) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK, ASSOCIATE PLANNER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. N DSO ~E~ 3 - EjT S CAR aT i _ r (-T TT SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION NOTICE OF 6/W8 HEARING'S OFFICER PUBLIC HEARING 5u~3 R 8- VA k, 9g~~ 14)al/Utt Su4, (pq . /6)C3 ) 0 1 EXHIBIT B 1S134DC-03601 iS134DC-11100 OTT DALE M & CAROLEE C TRS TIGARD CITY O 201 N COLUMBIA BLVD 13125 S LL PORTLAND, OR 97217 TIGA'Ab, OR 97223 2S103AB-00401 2S103AB-00403 MYERS THOMAS L DIANE E CLOUD CLAUDIA G 11325 SW WALNUT 11285 SW WALNUT TIGARD, OR 97223 TIGARD, OR 97223 2S103AB-00404 2S103AB-00406 ALTMANN KENNETH E SMITH GARY C & ANNE H 11305 SW WALNUT 11275 SW WALNUT ST TIGARD, OR 97223 TIGARD, OR 97223 L1325Sla_ 3AB-00407 2S103AB-00600 RS THOMA SWEENEY WALLACE G & EVA L LNUT ST 11455 SW WALNUT D, OR 97223 TIGARD, OR 97223 2S103AB-00700 2S103AB-00800 THOMPSON WAYNE E BENNETT JERRY A 12480 SW 112TH 11345 SW WALNUT ST TIGARD, OR 97223 TIGARD, OR 97223 2S103AB-00900 2S103AB-01400 SANDERS CURTIS L AND CARPENTER ALVIN M & DELINA M 12405 SW 112TH 12435 SW 112TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103AB-02000 2S 1 03AB-021 00 WISER KENT C AND BRENDA D KVARNSTROM P DIANNE 11405 SW WALNUT ST 12345 SW CONESTOGA DR #55 TIGARD, OR 97223 BEAVERTON, OR 97006 2S103AB-02200 2S103AB-02300 KVARNSTROM SVEN KENNETH RUDNICK KATHLEEN P 16200 SW PACIFIC HWY #108 11320 SW WALNUT TIGARD, OR 97224 TIGARD, OR 97223 2S103AB-02400 2S103AB-02500 RABURN BRIAN SHRUM JULIE M & 11340 SW WALNUT AVE 12476 SW 114TH TERRACE TIGARD, OR 97223 TIGARD, OR 97223 2S103AB-02600 2S103AB-02700 CAMPBELL BARBARA J MCMICHAEL FRANCES 11440 SW WALNUT ST 804 W RIDGEWAY AVE TIGARD, OR 97223 HERMISTON, OR 97838 2S103AB-02800 2S103AB-02900 SHARP MILTON G & KIEF RONALD L & PATRICIA E 2432 SW 114TH TER 12454 SW 114TH TERR YIGARD, OR 97223 TIGARD, OR 97223 2S103AB-03000 2S103AB-03100 DISTANT DOUGLAS & DEBRA V REEVES ROY D/MARY 1 12465 SW 114TH TERRACE 7137 E BLUEBIRD LN TIGARD, OR 97223 PARADISE VALLEY, AZ 85253 2S103AB-04200 2S103AC-00202 TIGARD CITY SHRUM JULIE MARIE 13125 ALL 521 HAHAIONE ST 2/9J RD, OR 97223 HAWAII KAI, HI 96815 2S103AC-00204 2S103AC-03400 DUNG KEVIN K SHRUM JULIE M 6496 SE AUSTIN CT 12476 SW 11 RR HILLSBORO, OR 97123 OR 97223 2S103AC-04800 2S103BA-00109 MYERS SHERRY L LEE GREGORY ALLAN AND 12487 SW 114TH TERR 11590 SW ANN TIGARD, OR 97223 TIGARD, OR 97223 2S1 03BA-001 18 2S103BA-00119 DANIELS DOUGLAS R PENWARDEN RICHARD K & HELEN O 173 MORNINGSIDE DR 12240 SW 116TH LONGMEADOW, MA 1106 TIGARD, OR 97223 2S103BA-00120 2S103BA-00121 RAYE STEVEN D AND ZOLA T FULTON JOHN D & SHARON D 12270 SW 116TH AVE 12200 SW 116TH TIGARD, OR 97223 TIGARD, OR 97223 2S10313A-00122' 2S103BA-00123 HANNEMAN KARL P HEINTZ EDWARD V AND 12160 SW 116TH AVE 12120 SW 116TH TIGARD, OR 97223 TIGARD, OR 97223 2S103BA-00124 2S103BA-00125 GATES THURSTON A TR BAKER STEPHEN L AND YVONNE 12080 SW 116TH AVE 12040 SW 116TH TIGARD, OR 97223 TIGARD, OR 97223 2S103BA-00126 2S103BA-00127 WILSON EUGENE A FOURNIER DONALD R 12000 SW 116TH AVE 12005 SW 116TH ST TIGARD, OR 97223 TIGARD, OR 97223 2S103BA-00128 2S103BA-00129 BROWN STEPHEN P & JULENE M DUTTON DELOS M MARLENE 1,2045 SW 116TH 12085 SW 116TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S103BA-00130 2S103BA-00132 WOOLARD JACK D MORRISON TERRY A SANDRA 11675 SW LYNN 12195 SW 116TH TIGARD, OR 97223 TIGARD, OR 97223 2S103BA-00200 2S103BA-00201 JENOVICH M GLYNN MAXINE NIHILL GERALD T & DEANNA LYN 11525 SW WALNUT AVENUE 11545 SW WALNUT ST TIGARD, OR 97223 TIGARD, OR 97223 2S103BA-00300 2S103BD-08400 LINDQUIST MARVIN T & JACKI S MULLEN MICHAEL EDWARD & 11565 SW WALNUT ST 11577 SW BAMBI LN TIGARD, OR 97223 TIGARD, OR 97223 2S103BD-08500 2S103BD-08600 DIXON JULIET A & MICHAEL A PETERSON RONDA KAY & 11535 SW BAMBI LN 11513 SW BAMBI LN TIGARD, OR 97223 TIGARD, OR 97223 2S103BD-08800 TIGARD CITY RIVERSIDES 13125 ALL BILL WAGONER RD, OR 97223 16666 GREENBRIER PARKWAY, SUITE 140 BEAVERTON OR 97006 KENNETH L. SANDBLAST RIVERSIDE HOMES, INC. COMPASS CORPORATION 15455 NW GREENBRIER PARKWAY, SUITE 140 6564 SE LAKE ROAD BEAVERTON OR 97006 MILWAUKIE OR 97222 KEN KVARNSTROM 16200 SW PACIFIC HWY, #108 TIGARD OR 97223 DIANNE KVARNSTROM 12345 SW CONESTOGA, #55 BEAVERTON OR 97006 COMMUNITY NEWSPAPERS, INC. Legal Notice TT 914 2 P.O. BOX 370 PHONE (503) 684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard/Planning • ❑ Tearsheet Notice 13125 SW Hall-Blvd. • Tigard,Oregon 97223 • ❑ Duplicate Affidavit • Accounts Payable • The fOilowtng will bidconsidered by the Tigard Hearings Officer on Mon day, Jurie 8, 1998 a0:00 P.M., at T)gard Civic Center - Town Hall, - 13125 SW Hall Boulevard; Tigard; Otdgon 97223. Both public, oral and writ[etr testimony is tnviied._The public hearing on this matter will be con- ducted in"accordance witti_the. ules'"of Chapter 18.32 of the Tigard AFFIDAVIT OF PUBLICATION Municipal Code, and rules And:procednres of the Hearings Officer. Failure to raise, an issue in person or by letter accompanied by statements or STATE OF OREGON, )ss evidence"sufficient.to"allow.,the.'hearings authority and•all parties to COUNTY OF WASHINGTON, ) ' respond-precludes' an appeal, and-failure to specify the criterion from the I, K,~thTSn~ AA r Community;Development Code or Comprehensive Plan* at which a com- being first duly sworn, depose and say that I am the Advertising mentis`directed'precludes an;appeal`fiased on that criterion. Furihei infor- Tigard-T gal a in mimes Director, or his principal clerk, of the mation innY-be obtained from the Plaaning Division at'13125 SW. Hall a newspaper of general circulation as defined in ORS 193.010 Boulev,'ard,;Tigard, Oregon 97223; or bj calhng'(503) 639 4171: and 193.020; published at 'T'j gard in the PUBLICHEARING:?' aforesaid county and state; that the ;i,, SUBDIVISION-(SUB)96-MI/,VARIANCE (VAR) 98-0002 a HPa ri ncs-Walnut C' 1 Pn Srnhd i yi c i nn GLEN SUBDIVISION c m,c ~ o t ~ C-+.4'$-.t•Y.{.-y. i l F+d3~ .IYC: ✓.l IZ.... }.j.. •C ....f 4b Y M 11 T7ie applicant szrequesttng prgj ,na"Qycplat,appzioval~to subdi~de>ap- a printed copy of which is hereto annexed, was published in the :pioximately,5_06 acres'far the creatioti;t£a twenty=two'(22):Tot'Sab- entire issue of said newspaper for ONE successive and division'; This application;+also,'involves•a request for'approvil of a Variance to•the:City'of Tigard"cW-de-sac design standards.aThe applicant consecutive in the following issues: :-states-that:eusting,d'eveloppm~enhcon"straini ;surrovndiii &Evx" .rt Datternito tP ..Y « '?11yi .v"tiv' tnnw +*.rM'>..+ al< sg- raphy a ttng col giuatiot ofthe~su situboundanes-oil pthe Fick of May 2 8 ,19 9 8 existmg,and future. street connectionscbine.`to create ,an4extra`ordtnary hardship'forthis'_applicationiw ct nessitates:th>sctitW -7 sa vazitace. LOCATION The snbjectsitesare located'on iEie northof,S~y~~Val- nuts Streei at its,iniersectioa wi~h~SW I. 4th " Terrace; W.ClUIS103AB, Talc Lots 00604 z'I 00700 =02000',TM,02i00 and 02200 ZONE. Single=Fam7y Re"si~dentiialSfI " a ..S'gaar~: a orb ~ . ~t'.Ujii% Acre Subscribed and sworn before me this2Sth dam, of MAr,1998 `Ata fisttistand,~ densrty r entiatat te e - tows;;amongbo i uses asingwle esidentt mute; iza upport I facilities residential=tientii~eaf k~ s;;farming,"_"ianufacfuied homes; : .~f, occu axo in n P. nsporary uses;: residennalL ftieF tank, tary Public for Oregon ` . tarid accesspry structures~'.'APPI:IC L REVIE~ff .CRInRw-- Com- 'mumtyaDevelopeaCo'de Chapter 18:I8.50;,18:8,4„ 8;88,18.92; My Commission Expires: M 't>3:96,18 98, ~8:1Of3 aI8-102'~I8''106 8:134,z"18 150~s18,16Qarid718`264:I AFFIDAVIT w r ~,n r J ..i+ r..i•1 qla ` ~ ~ 7.,rs y ,mP+c.rA;' h aa(q ,t,~.. _t;'!D t pT.r 3 '.Y.~,7.Y 'uf+L 3~ a Tail .:rv°£~.k ~ t[ aatr b~i. di~~x~ - } ',,-x,..~~ ~ `~~-'~a~~w».~~►~-"t~'• D7l. +i_31.f7d V. 1 ~ 4:~ yr P "k.: lv , ~ uSK',. .M `v fiaf~c}Y'.,.. ' .r .a .r Y~; - stF w•n o~~ -.v"J•.csaed•t•r<t'+ ar. T&A .tA: ~4 ~Y. .4 ljt r ji!{1..: rte..; ~f' Y ~ > ~~•ti 1~ ~.hL'f ~ ~a tr,,~ k• r.~ i sc+.:~,'^zjjsE~J?• 'xl +p ~r : 3 TT914Z' xPu>i1•isl~Ma~t8i 951$,'~tit 2~i art car- h;+„ i i N HEIGHTS NO 4ERQ CA oil Vol s r~ r rte' ~ PPT _ h' \ ,vY JO`1/ rod ik p. ,r JON ~ LNG p~Vi G, wfIG GllY M3TSYa NOITAMRO7N1 OIN4ARD030 L- o ~ D 0 Z S an IT Q~ o ~o T03HOT M w ~ x ram-NJm a ti T a NHI 1 T2 3NIA a NMIIMI~lIK N 3 / aw D ftftf W 1 N T N N NJ IeMA9 Yn 1 Tai R3 we 1"1000 0016 0 N reel asa =•r Ott TO N3MRA0 1 ` bTsgiTlo -(ii) A~pyi ~yTq bns Rio noftwl lumnag Tol al qam eMr no noasrmoinl 9 .nottMa asolvle2 kwngolevaa edl rUlw boahev ed bluoda bv1806ri WZ aSIEr i 2 T 38J ESSCg AO JnsgR AW rIt"Ca (Eoa) _ tu.To.bnegU.b.vA "VgRd igs.tl)oigsmhigsm/:o ;seer ,e isM :elsb Jal9 Jnemgolevea ytinummoD REQUEST FOR COMMENTS CITY OFTIGARD Community Development Shaping A Better Community DATE: April 11,1998 ~ TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Halduk, Associate Planner Phone: [50316394Th Fax: [50316841297 RE: SUBDIVISION [SUB] 98-0001/VABIANCE 1VAR198-0002 WALNUT GLEN SUBDIVISION Q The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103A6, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 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: [MONDAY-APRIL 2119981. 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: (Please provufe the following information) Name of Person[s] Commenting: Phone Number[s]: SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PROPOSAUREOUEST FOR COMMENTS - OREQUEST FOR COMMENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS [iT -Area(C) (f] (SIAM ` O MZEN INVOLVEMENT TEAMS ® Pfacrf for rollieW 101111rarfl BtT Book(s) ` FILE NOISh FILE NAMHSI: , of G1~, CITYOFFICES _ ADVANCED P LANNING/Nadine Smith, Planning Supervisor- COMMUNITY DVLPM NT. DEPT./Dvlpmnt. Sm. Tachnictana ✓56LICE DEPT./Jim Wolf, Crime Prevention Officer _ BUILDING DIV./David Scott, Building Official c-ENGINEERING DEPT./Brian Rager, DOpmm. Review Engineer :::-WATER DEPT./Michael Miller, Operations Manager _ CITY ADMINISTRATION/Cathy Wheatley, City Recorder - OPERATIONS DEPT./John Roy, Property Manager _ OTHER 0E- CLAL DISTRICTS _ TUAL. HILLS PARK & REC. DIST.*_ TUALATIN VALLEY FIRE & RESCUE* ---TU_ ALATIN VALLEY WATER DISTRICT* --UNIFIED SWRGE. AGENCY Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N. First Street Beaverton, OR 97006 (place in pick-up box) Beaverton, OR 97075 Hillsboro, OR 97124 . w_ LOCAL'AND STATE JURISDICTIONS _ CITY OF BEAVERTON 11E _ CITY OF TUALATIN O _ OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street, NE _ Mike Matteucci, Nelghbmd. Coord. PO Box 369 PO Box 59 Salem, OR 97310-1337 PO Box 4755 Tualatin, OR 97062 Portland, OR 97207 Beaverton, OR 97076 OR. PUB. UTILITIES COMM. _ METRO - LAND USE & PLANNING 0 _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street, NE _ CITY OF DURHAM O 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310-1380 City Manager Portland, OR 97232-2736 Portland, OR 97232 PO Box 23483 US ARMY CORPS. OF ENG. Durham, OR 97281-3483 _ Paulette Allen, Growth Management Coordinator _ OR. DEPT. OF LAND CONSERV.& DVLP_ 333 SW First Avenue _ Mel Huie, Greenspaces Coordinator (CPA'a2OA's) 1175 Court Street, NE PO Box 2946 _ CITY OF KING CITY O Salem, OR 97310-0590 Portland, OR 97208-2946 City Manager _ METRO AREA BOUNDARY COMMISSION ~ 15300 SW 116th Avenue 800 NE Oregon Street _ OREGON DEPT. OF TRANS. (ODOT) _✓W-ASHINGTON COUNTY O King City, OR 97224 Building #16, Suite 540 Aeronautics Division Dept. of Land Use & Trans. Portland, OR 97232-2109 Tom Highland, Planning 155 N. First Avenue _ CITY OF LAKE OSWEGO O 3040 25th Street, SE Suite 350, MS 13 Planning Director OR. DEPT. OF ENERGY Salem, OR 97310 Hillsboro, OR 97124 PO Box 369 Bonneville Power Administration V Lake Oswego, OR 97034 Routing TTRC - Attn: Renae Ferreira _ ODOT, REGION 1 O _ Brent Curtis (CPA's) PO Box 3621 Sonya Kazan, Dvtpmt. Rev, coon. _ Scott King (CPA's) _ CITY OF PORTLAND Portland, OR 97208-3621 123 NW Flanders _ Mike Borreson (Engineer) David Knowles, Planning Bureau Dir. Portland, OR 97209-4037 _ Jim Tice(IGAs) Portland Building 106, Rm. 1002 _ OREGON, DEPT. OF ENVIRON. QUALITY _ T om Harry (ct,rrent Pl. Apps.) 1120 SW Fifth Avenue 811 SW Sixth Avenue _ ODOT, REGION 1 - DISTRICT 2A O _ Phil Healy (current Pl. Apps.) Portland, OR 97204 Portland, OR 97204 Jane Estes, Permit speclaffst _ Sr. Cartographer(CPA/ZCA-MS 14) PO Box 25412 Portland, OR 97298-0412 IALAGENCIESw UTILITY.PROVIDER$AND SPEC _ BURLINGTON NORTHERN/ SANTA FE R/R _ METRO AREA COMMUNICATIONS PORTLAND GENERAL ELECTRIC VfCI 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 d/ NW 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 --CS WEST COMMUNICATION MC: OR030546 OURUNMNNORINFRN/SAMAFEkIRPREPASSOIU 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 0 - IMO/CAf gS AU10A1A61C II0YIf'ICAfT10M IF WIfPf/1N 2601 Of f09 $VgVSCV POOPCQYi' FOR AIiY/ALL CHV PROXC0. (PAOlCCT P&AMMU IS MSPOMSID" FOX IgO1CAWMC P"f #19S fro 11119fr1i1►/ h:tpatty\masters\rfcnotice.mst 16-Jan-98 nrihaonCC CLIi=TkICCDTKIl-Z parr Al. ,44/0$/1998 12:35 5036539 COMPASS ENGINEEOG PAGE 02 N C011 ROSS CORPORATION E S TAX PROPERTY MAILING LOT OWNER ADDRESS 2S-1W-3AB Tax Lot 600 Eva Sweeney 11455 SW Walnut Tigard, OR 97223 2S-lW-3AB Tax Lot 700 Wayne Thompson 12480 SW 112' Ave. Tigard, OR 97223 2S-lW-3AB Tax Lot 2000 Kent & Brenda Wizer 11405 SW Walnut Tigard, OR 97223 2S-lW-3AB Tax Lot 2100 Ken Kvarnstrom 16200 SW Pacific Hwy #108 Tigard, OR 97223 2S-lW-3AB Tax Lot 2200 Dianne Kvarnstrom 12345 SW Conestoga #55 Beaverton, OR 97006 \ Vy I / m,v CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM KATHERINE ST AREA NOTIFIED 40C1 0 C 3601 2 1 ~ 3BA0 26 SUB 98-0001NAR 98-0002 WALNUT GLEN SUB. S 125 co 00 2S1 3BA0 1 2S103AB04200 m m 2S1 * 3BA0 1 9 2S13BA0013_ LY T 00 T2IS~3BA0 1 3BA0 03AB00403 N ANN S109BA 018 2S103AB0 6 ST -r 2 3BA0 109 AB 0404 0 03AB 1 (-2W3AB 25 0 03AB00900 A 2 3860 0,- --2 - I' P1 AB 26 0 03AB01,~~ 0 SW BAMBI LN - W o 100 200 300 Soo Feet I--` Q 03A 0. 0 3AC0 02 = =26, feet Q I-- SWER OL ST F=- 2S1 34000, 04 City of Tigard Information on this map Is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd J~ Tigard, ( 223 639-4171 http:!/www.cLtigard.or.us Community Development Plot date: Mar 9, 1998; c:\magic\magic0l.apr ROOTS AND SHOOTS, LLC. Justin Keane Certified Arborist #1551 Licensed ♦ Bonded ♦ Insured P.O. Box 1108 Mulino, OR 97042 • (503) 803-1947 ♦ Fax (503) 759-3022 7/15/08 To Whom It May Concern: This letter is to certify that the Douglas Fir tree at Ruth Erikson's property (12095 SW Sweeney Place, Tigard) was removed due to declining health and the risk of it falling on her home. The declining health of the tree was largely due to construction damage and abiotic stress including change in grade and removal of surrounding trees. Sincerely, Justin Keane Roots and Shoots Certified Arborist #1551 City of Tigard, Oregon 13125 SW Hall Blvd. Tigard',RR 97223 September 20, 2007 Riverside Homes, Inc. Attn: Matt Seidel, Land Development Manager 1925 NW AmberGlen Parkway, Suite 200 Beaverton, OR 97006 RE: Walnut Glen Subdivision/SUB98-00001/Performance Bond # 850584S Release This letter serves as written acknowledgment that the City of Tigard has no further interest in the Subdivision Tree Mitigation Bond in the sum of $70,900.00. Bond # 850584S between . Riverside Homes, Inc. and Developers Insurance Company and the City of Tigard, Oregon. All work under this performance bond is satisfactorily complete. If you have any questions regarding this matter, please. contact Gary Pagenstecher, Associate Planner, at 503-718-2434. Sincerely, G Pagenstecher~ Associate Planner c\curpln\masteis\bonds_agreements\SUB98-00001 letter releasing bond moneydoc c: SUB98-00001 Land Use File Todd Prager, City Arborist/Planner Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772 Page 1 of 1 Gary Pagenstecher - Walnut Glen Subdivision From: Todd Prager To: Gary Pagenstecher Date: 9/5/2007 10:32 AM Subject: Walnut Glen Subdivision Gary, Randy Killen with AKS Engineering and I went out to the Walnut Glen Subdivision yesterday (9/5/2007) to account for the mitigation trees. While the spacing of the trees in some areas were closer than I would prefer, it appears that the survival rate will not be unacceptable. The trees are currently in good condition. I recommend releasing the bond on this project, and requiring stricter minimum spacing requirements in the future. Let me know if you have any further questions. Thanks, Todd file://CADocuments and Settings\garyp.000\Local Settings\Temp\GW } 000O1.HTM 9/5/2007 • r. ~ir,.r ~fiif #t 3 '4~L4 r / Sk-\i 4 \r 11±~11~ Riverside Homes Inc. rr - '4Y3. T 1925 NW AmberGlen Parkway, Suite 200 Beaverton, OR 97006 ■ Phone 503.645.0986 Fax 503.690.2942 ■ 800.208.5037 www.RiversideHome.com OR CCB# 70065 WA License# RIVERHI972BS July 13, 2007 RECEIVED PLANNING City of Tigard JUL 2 5 2007 Gary Pagenstecher 13125 SW Hall Blvd. CITY OF TIGARD Tigard, OR 97223 Re: Walnut Glen Performance Bond Dear Mr. Pagenstecher, Per my conversation with Dick Bewersdorff and his subsequent email (attached), the purpose of this letter is to request that the performance bond for the Walnut Glen subdivision be released. The original total amount of caliper inches to be mitigated was 2836 as shown in the enclosed May 8, 2002 letter. Enclosed I submit a tree inventory conducted by AKS Engineering showing that a total of 774 diam inches of trees have been planted at Walnut Glen to date. That leaves a difference f 2,062" c iper inches. Therefore 27.292% of the original mitigation requirement has been p anted. (774/2836 =27.292%). Thus the remainder is 72.708% of $70,900 = $51,550, the amount on the enclosed check. Please release the performance bond as soon as possible. Thank you, Matt Seidel Land Development Manager I QLf RYt~~~ cho / G~nct~ VG~~TM ~:J CITY OF TIGARD 9/20/2007 ~ 13125 SNy Hall Blvd. 1 1 :26:40AM Tigard, OR 97223 503.639.4171 r Receipt 27200700000000004264 Date: 09/19/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid SUB98-00001 [TREES] Tree Replacement 225-0000-417000 51,550.00 Line Item Total: $51,550.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check RIVERSIDE HOMES INC ST 21922 By Mail 51,550.00 Payment Total: $51,550.00 cReceipt.ipl Page 1 of I Matthew Seidel From: Dick Bewersdorff [DICK@tigard-or.gov] Sent: Friday, July 13, 2007 11:26 AM To: Matthew Seidel Cc: Gary Pagenstecher Subject: Re: Walnut Glen Matt: As I indicated on the phone, you have choices: pay the bond amount in lieu of mitigation or reduce the amount of payment by verifying trees planted and that they have survived. Gary Pagenstecher is aware of the file and in fact communicated with you in 2005. Please contact him with the information on which way you choose and maybe it can be completed next week. I will be out on vacation. Dick Dick Bewersdorff dick@tigard-or.gov "Matthew Seidel" <mSeidel@riversidehome.com> 07/13 10:46 AM Hi Dick, I returned your call, then I found your email on the website. Please let me know what you have found out. Thanks, Matt Seidel Land Development Manager Riverside Homes, Inc. 1925 NW AmberGlen Pkwy Ste 200 Beaverton, OR 97006 T: 503-645-0986 F: 503-690-2942 Please Note: The information in this E-mail message, and any files transmitted with it, is confidential and may be legally privileged. It is intended only for the use of the individual (s) named above. If you are the intended recipient, be aware that your use of any confidential or personal information may be restricted by state and federal privacy laws. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, or forward this E-mail message. If you have received this E-mail in error, please notify the sender and delete the material from any computer. Pursuant to corporate policy and resolutions, E-mail corresponde 1 AKS Engineering Forestry • 050406 Walnut Glen Tree inventory.xls 5/4/2006 10012A 2 ash (spp. Fraxinus) Lot 3 l 10012B 3 ash (spp. Fraxinus) Lot 3 1 10013 3 pine (spp. Pines) Lot 3 1 10014 6 cherry (spp. Prunus) Lot 3 1 10015 1 maple (spp. Acer) Lot 3 1 10016 1 maple (spp. Acer) Lot 3 1 10017 1 maple (spp. Acer) Lot 3 1 10018 3 birch (spp. Betula) Lot 3 1 10019 1 cedar (spp. Cedrus) Lot 3 1 Total DBH 21 Total number of trees for lot 9 7 10000 4 maple (spp. Acer) Lot 4 1 1000IA 2 maple (spp. Acer) Lot 4 1 10001B 3 maple (spp. Acer) Lot 4 1 10002 4 maple (spp. Acer) Lot 4 1 10003 6 maple (spp. Acer) Lot 4 1 10004 5 maple (spp. Acer) Lot 4 1. 10005 5 maple (spp. Acer) Lot 4 1 10006A 3 maple (spp. Acer) Lot 4 1 10006B 3 maple (spp. Acer) Lot 4 1 10006C 1 maple (spp. Acer) Lot 4 1 10007 3 maple (spp. Acer) Lot 4 1 10008 3 maple (spp. Acer) Lot 4 1 10009 2 ash (spp. Fraxinus) Lot 4 1 10010 3 ash (spp. Fraxinus)_ Lot 4 1 10011 4 ash (spp. Fraxinus) Lot4 1 Total DBH 51 Total number of trees for lot 15 q 10066 7 sycamore (spp. Platanacea) Lot 5 1 10067 5 maple (spp. Acer) Lot 5 1 10068 2 cedar (spp. Cedrus) Lot 5 1 10069 3 cedar (spp. Cednis) Lot 5 1 10070 2 cedar (spp. Cedrus) Lot 5 1 10071 2 cedar (spp. Cedrus) Lot 5 1 10072 4 maple (spp. Acer) Lot 5 1 10073 3 maple (spp. Acer) Lot 5 1 Total DBH 28 Total number of trees for lot 8 By Randy Killen Page 2 of 7 AKS Engineering Forestry • 050406 Walnut Glen Tree inventory.xls 5/4/2006 10074 1 maple (spp. Acer) Lot 6 1 10075 2 maple (spp. Acer) Lot 6 1 10076A 2 maple (spp. Acer) Lot 6 1 10076B 2 maple (spp. Acer) Lot 6 1 10077A 2 maple (spp. Acer) Lot 6 1 10077B 2 maple (spp. Acer) Lot 6 1 10078A 6 maple (spp. Acer) Lot 6 1 10078B 7 maple (spp. Acer) Lot 6 1 10078C 6 maple (spp. Acer) Lot 6 1 10078D 6 maple (spp. Acer) Lot 6 1 10078E 3 maple (spp. Acer) Lot 6 1 10078F 3 maple (spp. Acer) Lot 6 1 10078G 3 maple (spp. Acer) Lot 6 1 1007811 2 maple (spp. Acer) Lot 6 1 10079 1 maple (spp. Acer) Lot 6 1 Total DBH 48 Total number of trees for lot 15 6 10080 4 maple (spp. Acer) Lot 7 1 l~ Total DBH 4 Total number of trees for lot I 10081 A 17 cherry (spp. Prunus) Lot 8 1 10081B 14 cherry (spp. Prunus) Lot 8 1 ? 10082 3 cherry (spp. Prunus) Lot 8 1 10083 2 cherry (spp. Prunus) Lot 8 1 10084 1 cedar (spp. Cedrus) Lot 8 1 rte, 10085 1 cedar (spp. Cedrus) Lot 8 l 10086 3 cedar (spp. Cedrus) Lot 8 1 I 10087 8 cedar (spp. Cedrus) Lot 8 1 feA 10088 6 cedar (spp. Cedrus) _ Lot 8 1 10089 1 cedar (spp. Cedrus) Lot 8 1 D N CQ(~p,J 1 10090 4 cedar (spp. CedrUS) Lot 8 1 10091 5 cedar (spp. Cedrus) Lot 8 1 10092 6 cedar (spp. Cedrus) Lot 8 1 10093 4 cedar (spp. Cedrus) Lot 8 1 10094 4 cedar (spp. Cedrus) Lot 8 1 10095 4 cedar (spp. Cedrus) Lot 8 1 otal DBH 83 Total number of trees for lot 16 By Randy Killen Page 3 of 7 ' f I • AKS Engineering Forestry • 050406 Walnut Glen Tree inventory.xls 5/4/2006 10096 5 cedar (spp. Cedrus) Lot 9 1 10097 1 cedar (spp. Cedrus) Lot 9 1 10098 2 cedar (spp. Cedrus) Lot 9 1 10099 1 maple (spp. Acer) Lot 9 1 10100 2 ash (spp. Fraxinus) Lot 9 1. 10101 3 cedar (spp. Cedrus) Lot 9 1 10102 5 cedar (spp. Cedrus) Lot 9 1 10103 4 cedar (spp. Cedrus) Lot 9 1 10104 2 ash (spp. Fraxinus) Lot 9 1 10105 2 cedar (spp. Cedrus) Lot 9 1 10106 1 cedar (spp. Cedrus) Lot 9 1 10107 1 cedar (spp. Cedrus) Lot 9 1 10108 1 Douglas fir (Pseudotsuga menziesii) Lot 9 1 10109 1 Douglas fir (Pseudotsuga menziesii) Lot 9 1 10110 2 Douglas fir (Pseudotsuga menziesii) Lot 9 1 10111 2 Douglas fir (Pseudotsuga menziesii) Lot 9 1 10112 1 Douglas fir (Pseudotsuga menziesii) Lot 9 1 51P "I~ 10113 1 Douglas fir (Pseudotsuga menziesii) Lot 9 1 10114 2 ash (spp. Fraxinus) Lot 9 1 10115 2 Douglas fir (Pseudotsuga menziesii) Lot 9 1 I 10116 1 Douglas fir (Pseudotsuga menziesii) Lot 9 1 10117 1 Douglas fir (Pseudotsuga menziesii) Lot 9 1 ~c' ► 10118 1 Douglas fir (Pseudotsuga menziesii) Lot 9 1 10119 2 ash (spp. Fraxinus) Lot 9 1 ~~l lrt5 10120 1 cedar (spp. Cedrus) Lot 9 1 10121 1 cedar (spp. Cedrus) Lot 9 1 G b 10122 1 cedar (spp. Cedrus) Lot 9 1 10123 1 cedar (spp. Cedrus) Lot 9 1 c, 10124 1 cedar (spp. Cedrus) Lot 9 1 1. cedar (spp. Cedrus) Lot 9 1 10127A 2 maple (spp. Acer) Lot 9 1 10127B 4 maple (spp. Acer) Lot 9 1 10127C 3 maple (spp. Acer) Lot 9 1 10127D ( 3 maple (spp. Acer) Lot 9 1' 10127E b 3 maple (spp. Acer) Lot 9 1 127F -2 maple (spp. Acer) Lot 9 1 10129 1 ash (spp. Fraxinus) Lot 9 1 10130 1 maple (spp. Acer) Lot 9 1 10131 1 maple (spp. Acer) Lot 9 1 10132 2 cherry (spp. Prunus) Lot 9 1 Total DBH 74 Total number of trees for lot .40 3s By Randy Killen Page 4 of 7 AKS Engineering Forestry • 050406 Walnut Glen Tree inventory.xl • 5/4/2006 10133 3 cherry (spp. Prunus) Lot 10 1 10134 3 maple (spp. Acer) Lot 10 1 10135 6 maple (spp. Acer) Lot 10 1 10136 3 birch (spp. Betula) Lot 10 1 10137 3 birch (spp. Betula) Lot 10 1 10138 3 birch (spp. Betula) Lot 10 1 10139 3 birch (spp. Betula) Lot 10 1 101.40 3 birch (spp. Betula) Lot 10 1 10141 2 maple (spp. Acer) Lot 10 1 10142 1 Laura sumacl (Rhus laurina) Lot 10 1 Total DBH 30 Total number of trees for'lot 10 10144 4 maple (spp. Acer) Lot 11 l Total DBH 4 Total number of trees for lot 1 10147 2 cherry (spp. Prunus) Lot 12 1 10148 2 cherry (spp. Prunus) Lot 12 1 10149 3 Unknown Deciduous Lot 12 1 10150 10 maple (spp. Acer) Lot 12 1 2 10151 10 maple (spp. Acer) Lot 12 1 t 10152 3 willow (spp. Salix) Lot 12 1 .10153 5 cottonwood (spp. Populus) Lot 12 1 10154 5 cottonwood (spp. Populus) Lot 12 1 10155 6 cottonwood (spp. Populus) Lot 12 1 10156 6 cottonwood (spp. Populus) Lot 12 1 10157 6 cottonwood (spp. Populus) Lot 12 1 10158 8 cottonwood (spp. Populus) Lot 12 1 10159 2 maple (spp. Acer) Lot 12 1 Total DBH 68 Total number of trees for lot 13 10160A 3 maple (spp. Acer) Tract A 1 10160B 2 maple (spp. Acer) Tract A 1 10161 5 cedar (spp. Cedrus) Tract A 1 10162 3 cedar (spp. Cedrus) Tract A 1 10163 4 cedar (spp. Cedrus) Tract A 1 10164 2 cedar (spp. Cedrus) Tract A 1 10165 3 ash (spp. Fraxinus) Tract A 1 10166 4 cedar (spp. Cedrus) Tract A 1 10167 5 cedar (spp. Cedrus) Tract A 1 10168 2 ash (spp. Fraxinus) Tract A 1 10169 1 cherry (spp. Prunus) Tract A 1 10170 3 spruce (spp. Picea) Tract A I Total DBH 37 Total number of trees for lot 12 By Randy Killen Page 5 of 7 AKS Engineering Forestry 050406 Walnut Glen Tree inventory.xls 5/4/2006 10182 22 Douglas fir (Pseudotsuga menziesii) Lot 13 1 10183 3 Pacific dogwood (Corpus nuttalli) Lot 13 1 10184 3 cherry (spp. Prunus) Lot 13 1 Total DBH 28 Total number of trees for lot-3 Lot 14 Has no trees. alb 10185 18 ash (spp. Fraxinus) Lot 15 1 10186 2 maple (spp. Acer) Lot 15 1 ol~ 10187 2 maple (spp. Acer) Lot 15 1 10188 3 maple (spp. Acer) Lot 1.5 1 Total DBH 25 Total number of trees for lot 4 10189 3 maple (spp. Acer) Lot 16 1 10190 4 maple (spp. Acer) Lot 16 1 10191 2 maple (spp. Acer) Lot 16 1 10192 2 maple (spp. Acer) Lot 16 1 10193 3 maple (spp. Acer) Lot 16 1 Total DBH 14 Total number of trees for lot 5 10194 2 Unknown Deciduous Lot 17 1 10195 1 maple (spp. Acer) Lot 17 1 10196 2 Unknown Deciduous Lot 17 1 10197 1 maple (spp. Acer) Lot 17 1 10198 2 cherry (spp. Prunus) Lot 17 1 10199 3 cherry (spp. Prunus) Lot 17 1 10200 5 cherry (spp. Prunus) Lot 17 1 10201 3 cherry (spp. Prunus) Lot 17 1 10202 3 cherry (spp. Prunus) Lot 17 1 10203 3 cherry (spp. Prunus) Lot 17 1 10204 3 cherry (spp. Prunus) Lot 17 1 10205 3 cherry (spp. Prunus) Lot 17 1 Total DISH 31 Total number of trees for lot 12 10206 5 birch (spp. Betula) Lot 18 1 10207A 1 maple (spp. Acer) Lot 18 1 10207B 1 maple (spp. Acer) Lot 18 1 10207C 1 maple (spp. Acer) Lot 18 1 10207D 1 maple (spp. Acer) Lot 18 1 10207E 1 maple (spp. Acer) Lot 18 1 10207F 1 maple (spp. Acer) Lot 18 1 10207G 1 maple (spp. Acer) Lot 18 1 10208 14 Pacific dogwood (Comus nuttalli) Lot 18 1 10209 2 birch (spp. Betula) Lot 18 1 10210 2 birch (spp. Betula) Lot 18 1 Total,DBH 30 Total number of trees for lot 11 By Randy Killen Page 6 of 7 AKS Engineering Forestry 060406 Walnut Glen Tree inventory.xls 5/412006 10211 4 maple (spp. Acer) Lot 19 1 10212 3 t Orford cedar (Chamecyparis lawsonia Lot 19 1 10213 2 maple (spp. Acer) Lot 19 1 10214 5 cherry (spp. Prunus) Lot 19 1 10215 5 cherry (spp. Prunus) Lot 19 1 10216 4 birch (spp. Betula) Lot 19 1 10217 3 birch (spp..Betula) Lot 19 1 10218 2 birch (spp. Betula) Lot 19 1 10219 2 birch (spp. Betula) Lot 19 1 Total DBH 30 Total number of trees for lot 9 10220 3 ash (spp. Fraxinus) Lot 20 1 10221 3 spruce (spp. Picea) Lot 20 1 10222 4 spruce (spp. Picea) Lot 20 1 10223 4 cedar (spp. Cedrus) Lot 20 1 Total DBH 14 Total number of trees for lot 4 10224 3 spruce (spp. Picea) Lot 21 1 10225 1 Unknown Deciduous Lot 21 1 10226 8 cedar (spp. Cedrus) Lot 21 1 10227 5 pine (spp. Pinus) Lot 21 1 10228 5 pine (spp. Pin us) Lot 21 1 10229 2 cherry (spp. Prunus) Lot 21 1 10230 5 pine (spp. Pinus) Lot 21 1 10231 3 spruce (spp. Picea) Lot 21 1 Total DBH 32 Total number of trees for lot 8 10232 4 maple (spp. Acer) Lot 22 1 10233 3 maple (spp. Acer) Lot 22 1 10234 6 pine (spp. Pinus) Lot 22 1 10235A 3 maple (spp. Acer) Lot 22 1 10235B 2 maple (spp. Acer) Lot 22 1 10235C 2 maple (spp. Acer) Lot 22 1 10236 5 pine (spp. Pinus) Lot 22 1 10237 3 ash (spp. Fraxinus) Lot 22 1 10238 1 Pacific dogwood (Cornus nuttalli) Lot 22 1 10239 4 ash (spp. Fraxinus) Lot 22 1 10240 1 Pacific dogwood (Cornus nuttalli) Lot 22 1 .10241 5 ash (spp. Fraxinus) Lot 22 1 Total DBH 39 Total number of trees for lot 12 By Randy Killen Page 7 of 7 Aks Engineering forestry • 050406 Walnut Glen Tree inventory.xls ]51412006 For Walnut Glen N0.1507 NOTE: Offsite Trees Not Included I Survey Tree I Reference # DBIi in. I Species Comments 10000 4 maple (spp. Acer) _ I-- Lot 4 10001A 2 maple (spp. Acer) Lot 4 10001B 3 ] maple (spp~Acer) Lot 4 - - 10002 4 maple {spp _Acer) Lot 4 10003-_-_- 6 ma lpe(spp. Acer) Lot4 10004 5 maple (spp. Acer) % Lot 4 _ 10005 5 (spp_Acer) ]-----------Lot 4 10006A 3 maple (spp. _Acer) - Lot 4 - 10006B - 3 maple (spp__Acer) Lot 4 - - _ - 10006C 1 m ie (sp Acer r) - - Lol 4 10007 3 maple (spp. Acer) - - - - - - Lot 4 - - - -10008 _.._.3 -Lot 4 [0009 2 ash (spp. Fraxinus) Lot 4 - 10010 3 ash (spp- Fraxinus) Lot 4 10011 4 ash (spp. Fraxinus)_ Lot 4 - _ 10012A 2 _ ash (spp_Fraxinus) - - Lot 3 100128 3 ash (spp. Fraxinus) Lot 3 10013 3--- -----------..___P_ine (spp_Pinus) -Lot 3. --10014 6 cherry (spp. Prunus) Lot 3 - ' 10015 1 ----Lo-t 3 10016 1 maple (spp. Acer) Lot 3 10017 1 maple (spp. Acer) - - - -Lot 3_.__... - 10018 3 birch .Betula Lot 3 10019 i i cedar (spp.. Cedrus) Lot 3-- - - 10043 4 Unknown Deciduous Lot 1 _.._._10044- ---._.__...Lot-I---- 10045 4 ash (spp. Fraxinus) Lot 1 10046A_ 1 ash _Fraxinus Lot 1 - 10046B-- 1 --------ash (spp. Fraxinus) - Lot ] 10046C 1 ash (spp. Fraxinus) Lot 1 10046D 1 ash (spp. Fraxinus) Lot 1 - 10046E 1 ash (spp_ Fraxinus)'' Lot I 10046F 1 ash (spp. Fraxinus) - Lot 1 - --10047 - _._._..3.-- Lot l 10048 1 cherry (spp _Prunus) - - - _Lot 1 10049 5 cherry (spp. Prunus) Lot 1-- 10050 3 ash spp. Fraxinus) - - Lot 10051 A 2 ash (spp. Fraxinus) Lot I ]0051B 2 ash (spp. Fraxinus) Lot I 10051 C 1-- ash (spp. Fraxinus) - Lot 1 10052A 8 cedar. (spp. Lot! 10052B 10 cedar (s~pTCedrus)_ - Lot I 10053 3_.__...~._-------.._.._..__.--------------- maple (s p. AcerJ- Lot 1 _ l 0054 3 _ birch (spp. Betula) L_ot 1 10055 1 cottonwood(spp. Populus) _ Lot 1 10056 l ash (sPP-tTa inus) - - ---------Lot 2 . _ 10057 --i-- --4--- ' ---maple (spp. Acer) ' Lot 2 _ w 10058 I 4 r birch ( . Betula) ] Lot 2 By Randy Killen Page 1 of 5 Aks Engineering forestry • 050406 Walnut Glen Tree inventory.xis ]5/4/2006 10059 1 i cedar (spp. Cedrus) Lot 2 10060 1 Laura sumac] (Rhus laurina) Lot 2 10061 1 maple (spp. Acer) Lot 2 _ ._...._i 0062-... - - 4 Lot 2 --10063A -5 - - ------cherry (spp _Prun us) - . - } - - - _Lot 2 _ 0063E 4 _ cherry (spp. Pru_nus) _ _Lot 2_ 10066 7 sycamore (spp. Platanacea) ---Lot 5 10067 5 maple (spp. Acer) _ Lot 5 1006$ 2 cedar (spp. Cedrus) Lot 5 10069 3 cedar(spp. Cedrus) Lot 5 10070 2 cedar (spp. Cedrus) Lot 5 10071 2 cedar (spp. Cedrus) Lot 5 10072 4 maple spp. Acer) Lot 5 1.0073 3 maple (spp. Acer) Lot 5 10074 1 maple (spp. Acer) Lot 6 - - 10075 _ _2 - -maple ~spyp_AcLot 6 10076A 2 maple (spp_Acer)----------- I Lot 6 10076B 2 maple (spp. Acer) Lot 6 10077A ! Z maple (spp. Acer) Lot 6 i 10077B ma&_(sRp. Acer) Lot 6 10078A 6 maple (spp. Acer) Lot 6 10078B 7 maple (spp. Acer) Lot 6 _ _...10078C maPlspp. Acer) - - - Lath _ ]00_78D_ 6 maple (sp_p. Acer) Lot 6 10078E. - 3 maple (spp. Acer)-----..__._____•-.._-- - Lot 6 - 10078F 3 Lot 6 10078G 3 maple (spp. Acer) - Lot 6 1.0078H 2 maple (spp. Acer) Lot 6 - 10079 1 maple.__spp. Acer) Lot 6 (spp....Acer~-- Lot 7 - --10080 - --4 - - maple 10081A 17 cherry (spp. Prunus) Lot 8 - 10081B - - 14 - ---cherry (s~p_Prunus) -----Lot 8 10082 3 ch (spp. Prunus) Lot 8 eny 10083 2 cherry (spp. Prunus) Lot 8 10084 1 - cedar (spp._ Cedrus) Lot 8 _ 10085 1 cedars . Cedrus Lot 8 10086 3 cedar (spp. Cedrus) - - ----Lot 8 - 10087 8 cedar (spp. Cedrus) _ Lot 8 - - - - - - 10088 6 cedar (spp. Cedrus) Lot 8 10089 ~ 1 cedar Cedrus - _ - - _dar (spp. ) _ Lot 8 10090 4 cedar (spy Cedrus) Lot 8 - - - - - - 10091 5 cedar (spp_ Cedrus) Lot 8 10092 6 cedar (spp. Cedrus) - - i _ Lot 8 10093 4 cedar (spp. Cedrus) - - _ Lot 8 10094 4 cedar (spp. Cedrus) Lot 8 10095 4 cedar (spp. Cedrus Lot 8 - 10096 5 cedar (spp. Cedrus) Lot 9 10097 1 cedar (spp. Cedrus) Lot 9 - - 10098 2 cedar.(sp-p_ Cedrus)...__..__.___-- Lot 9 10099 1 maple (spp. Acer) Lot 9 10100 2 ash (spp. Fraxinus) Lot 9 - 10101 3 cedar (spp_ Cedrus) - -_i Lot 9 _ 10102 -S -cedar (spp_Cedrus)-- - - ----1 Lot 9 10103 4 cedar (spp. Cedrus) Lot g 10104 2 ash ( . Fraxinus) Lot 9 By Randy Killen Page 2 of 5 Aks Engineering forestry • 050406 Walnut Glen Tree inventoryAs ]514!2006 10105 ' 2 j cedar (spp. Cedrus}- - - L- Lot 9 lAt 06 1 cedar (spp. Cedrus) j Lot 9 _ ] 0107 _ 1 _ cedar (spp Cedrus) Lot 9-- - 10108 1 Douglas fir (Pseudotsuga menziesii) j - Lot 9 _ 10109 1 Douglas fir (Pseudotsuga menziesii) Lot 9 10110 2 Douglas fir (Pseudotsuga menziesii) Lot 9 1 0 1 1 2 Douglas fir (Pseudotsuga menziesii) Lot 9 10112 1__.._...._.. _.....-_...........Douglas fir (Pseudotsuga menziesii Lot 9 101 13 1 Douglas fir (Pseudotsuga menziesii)--- Lot 9 10114 ash (spp. Fraxinus} Lot 9 - - 10115 2 1 Douglas fir (Pseudotsuga menziesii) - 1 - Lot 9 10116 1 Douglas fir (Pseudotsuga menziesii) - Lot 9 10117 _ 1 _ _Douglas fir (Pseudotsuga menziesii) - Lot 9 - 10118-_ 1 Douglas fir (Pseudotsuga menziesii) _ Lot 9 - 10119 2 ash (spp. Fraxinus) Lot 9 -cedar (spp. Cedrus)- Lot 9 _ 10121 3 cedar (spp. Cedrus) Lot 9 10122 1 cedar (spp. Cedrus~ Lot 9 - 10123 I 1 j cedar (spp. Cedrus) Lot 9 1 OI24 1 cedar (spp. Cedrus) _Lot 9_ ] 0125 1 cedar {spp. Cedrus) Lot 9 _ 101.27A 2 ---_--.maple.(spP_Acer)--- Lot 9 _ 10127B 4 maple (spp_Acer) - T Lot 9 _ 10127C 3 maple (spp. Acer) - Lot 9 10127D 3 f maple (spp. Acer) Lot 9 101271? 3 maple (spp. Acer) Lot 9 10127F - 2 - - maple (spp. Acer) --Lot 9 - - - 10129 ! 1 ash (spp. Fraxinus} Lot 9 10130 l maple (spp. ACer) - - - Lot 9 - 10131 1 maple (spp. Acer) Lot 9 _ 10132 2 cherry ( pp_ Prunus) - --_----Lot 9.._..-.__--.--____-- _ 10133 3 cherry (sspp_Prunus) Lot 10 10134 3 maple {spp. Acer) Lot 10 10135 _ 6 -maple (spp. Acer) Lot 16 - - - I--- 10136 3 birch (spp. Bctula) Lot 10 10137 - _ - 3- birch (spp. Betula)..____._._..____._..-.___.--- ---------_.___---Lot 10 10138 3 birch (spp_Betula) _ Lot 10 10139 3 birch (spp. BctulaI - --Lot 10 --a--- - - - - - - - 10140 3 birch (spp. Betula) Lot 10 10141 2 maple spp. Acer) - - - Lot 10 10142 1 Laura sumac] (Rhus laurina) Lot 10 1.0144 4 maple (spp. Acer) Lot l 1 - - - l-....._-......._..... _ _ - - - - ' 10147 ch Prunus Lot 12 10148 2 cherry (sPP_•Prun--- us-)-------_•__-____ Lot 12 _ 101.49 3 Unknown Deciduous Lot 12 10150 i 10 maple (spp_ Acer) Lot 12 ]0151 10 j maple Acer Lot 12 10152 3 j willow Salix) - - Lot - 10153 5 cottonwood (spp. Populus) _ Lot 12 1.0154 5 ! cottonwood (spp. Populus) _ Lot 12 10155 6 I cottonwood (spp. Populus) - - Lot 12 10156 6 cottonwood (spp`Populus) Lot 12 - 10157 6 cottonwood (spQ_Populus) Lot 12 10158 8 _ cottonwood (spp. Populus) Lot 12 10159 j 2 maple (op. Acer) Lot 12 By Randy Killen Page 3 of 5 Aks Engineering forestry 050406 Walnut Glen Tree inventory.xls ]5/4/2006 10160A i 3 ` - - -maple (spp. Acer) - - Tract A 10160B 2 maple (spp. Acer) - Tract A 10161 5 cedar KTR. Cedrus Tract A 10162 3 _ _ cedar (spp.Cedrus) - --------Tract A - - 10163 4 r cedar Cedrus Tract A 10164 - 2 _ i - - cedar (spp. Cedrus) - Tract A 10165 3 ash (spp_Fraxin us)_- Tract A 10166 4 cedar (spp_Cedrus) _._._._.........-..-......_Tra_ct A 10167 5 cedar Cedrus (sPA_----- - Tract A 10168 2 ash (spp. Fraxinus) Tract A 10169 l cher~r' (spp. Prunus) _ - Tract A 10170 - 3....--- spruce (spp. Picea), _..--Tract A - - - 10170 --------ces)---- act A - - 10182 ; 22 Douglas fir (Pseudotsuga menziesii) Lot 13 101.83 3 Pacific dogwood (Corpus nuttalli) Lot 13- 10184 3 cherry (spp_ Prunus) - --Lot 13 10185 18-1-1 ash (spp_Fraxinus) Lot 15 _ - Lot ] 5 10186 2 maple (spp. Acer) 10187 2 maple (spp _Acer) - Lot 15 --1 _ 10188 3 maple (spp. Acer) Lot 15 10189 3 maple Acer Lot 16 - - - 10190 4 --maple spp_Acer) Lot 16 10191 2 maple (spp. Acer) - - ..........._Lot lb 10192 2 maple --1 - (spp. Acer cer)-- Lot 16 10193 3 merle (sPP-Acer- - Lot 16 10194 2 Unknown Deciduous Lot 17 _ 10195 1 _ma le Acer Lot 17 1.4196 - 2 Unknown Deciduous Lot L7 V --10197_ 1 maple (spp. Acer)- Lot 17 10198-----'---- 2 - cherry (spp. Prunus) - Lot 17 10199 3 cherry CspP. Prunus) - _ Lot 17 10200 5 cherry (spp. Prunus) Lot 17 10201 3 ch Prunus Lot 17 - - erry ~sPP 10202 3 cherry (spp-. Prunus)-- Lot 17 _ 10203 3 cherry Prunus) Lot 17 - - - - - (spp. - - 10204 ~ 3 cherry (sp.Prunus - - - Lot 17 10205 cherry (spp. Prunus)--- Lot 17 - 10206 5 birch (spp. Betula) Lot 18 10207A 1 maple (spp. Acer) - -Lot 18 - - - 10207B Lot 18 - - - 10207C 1 maple (spp. Acer) Lot 18 10207D 1 - - --maple (spp; Acer) Lot 18 10207E - - - I---- - maple (spp-.Acer) Lot 18 10207F I maple (spp_Acer) Lot 18 10207G { 1 E maple Acer Lot 18 10208 14 Pacific do - ood Comus nuttalli Lot 18 10209_ _2 T birch_(sp_p. Betula) - Lot 18 10210 - 2 birch (spp. Betu]a) Lot 18 10211 ~ 4 - maple (spp. Acer) - L-_---------Lot 19 ------r - - -rt- - le sp er 10212 - i 3 Po Orford cedar (Chamecypans lawsoniana) Lot 19 10213 i _ 2__ - - merle (spp Acer) - - Lot 19 - 10214 I _ 5 cherry (spp• Prunus--- - - Lot 19 _1_0-215-r- 5-- cherry (spp. Prunus) - Lot 19 10216 birch (spp:.Betula) Lot l9_ i 10217 3 birch s Betula - - PP--_) ----Lot l.9 1021.8 j 2 j birch (s pp. Betula Lot 19 T By Randy Killen Page 4 of 5 Aks Engineering forestry 050406 Walnut Glen Tree inventory.xls ]51412006 10219 2 { birch (spp. Betula) Lot 19 10220 3 ash (spp. Fraxinus) Lot 20 10221 3 spruce (spp_Picea)------- - - Lot 20 10222 4 spruce (spp_ Picea) Lot 20 ---10223 - 4 I Lot 20 - 10224 3 I spruce (spp. Picea) - -Lot 21 - - 10225 1 Unknown Deciduous Lot 21 10226 - - ..._..8 cedar (spp. Cedrus) Lot 21 10227 5' - pine (spp. Pinus)_---- Lot 21 10228 5 pine (spp. Pinus) Lot 21 10229 _ --2 cherry-(spP. Prunus)_____........ Lot 21 10230 5 pine (spa. Pinus) Lot 21 1023 _ -3 spruce (spp. Picea) Lot 21 - 10232 4 --maple (sPl? Ater) - - -----Lot 22 10233 j 3 maple (sPP• Acer ) Lot 22 - - 10234 6 pine (spp. Pinus) - - Lot 22 10235A 3 maple (pp. Acerb Lot 22 10235B 2 maple (spp_ Acer)--- - Lot 22 10235C 2 - maple_(spp- Acer) Lot 22 10236 5 pine (spp. Pinus) Lot 22 10237 3 ash (spp. Fraxinus { Lot 22 1.0238 1 _ Pacific dogwood (Comus nuttalli) Lot 22 10239 I 4 ash (spp. Fraxin.us) Lot 22 10240 - 1..__.-- Pacific dogwood (Comus nuttallii) - Lot 22 _ 10241 j 5 ash (spp. Fraxinus) Lot 22 Totals 774 _ Total l# of Trees= 238 - - - Total Diameter Inches= 774 By Randy Killen Page 5 of 5 3 OT N7c" KA; Is 1 APFROXIPLME, 1 FOR SUFiEl FOR 'MES. F r n ENSIONS: BICKSWO RAMM SUNEYM FQFIERRY iel~ n.w ~ Ilma TREE INVENTORY awn WALNUT GLEN 1537 o~~k WTIH PHOTO smnm 1~ PPEFARM FM a , V,WCIAI~ER osw,ul 9~E OISIW IW6 CT vu: da9 °o-evs oaune v...r.~..~ Iwss xu a¢n°m vu"°r, "ml la 9LOLF 2 "c ~-uso~s a~"xa. m anu tiu: sw-ev-IH: OnC~.R/l~ 2 • N 8 ~ p, 1 ~~"s ~ 6 app CfD t m ' ado" \ VO S ' 1 ~A reo t im XL tom ~ ~ 9, M 4 s 1 c z~` ,o+, ~Yjo 2 'fib wp ct aw~~ 1 u w ~~m, pan ! Y~mr ~,m ~ s ~ ` ~ vrYl ~ s ~ r~ O ,o`as oaa~ ~ ~ p' or , @rpr g ~ ~ 1 ° a F ~ 7pC. d Oll x 1 1}Y -o e 1 w §A es ~ ~ l e r+, s ~ - p a ti! Y 8` rTS~ d a s 't i ~b ~ ~ r taac 5~t - ~ Z J 09%30/2005 07:41 FAX 5035981960 'CITY OF TIGARD 10002 c CITY OF TIGARD OREGON May 8, 2002 Bill Wagoner Riverside Homes 16666 Greenbrier Parkway, Suite 140 Beaverton, OR 97006 Dear Mr. Wagoner: This letter is to inform you that the City has received a status request from The INSCO/D1CO Group for a bond posted in the amount of $70,900 required as part of the,land use approval for Walnut Glen, case file no. _ UB98-0001. The bond was to cover the cost of installing trees as part id tion program. Per-our 9101Q~fn 09 records, you had a tree mitigation requiremen o' cg( f 2,836 iper inches. I have visited the site and confirmed that some trees d b lanted. It is your responsibility, however to provide a lot by lot inventory of what has been planted and how many total caliper inches -are represented by the planted trees. There was some-discussion of trees being planted off-site in an open space area, so please remember to include these in your inventory, and indicate where they an:. Once we have this information, we may respond to the status inquiry. If you have any questions, please feel free to contact me at (503) 639-4171. Sincerely, MORGAN TRACY Associate Planner C: The INSCO/DICO Group 13125 SW Hail Blvd., Tigard OR 97223 (503) 639-4171 TDD (503) 684-2772 09/30/2005 07:41 FAX 5035981960 CITY OF TIGARD IM001 40 ~c TX REPORT ss* TRANSMISSION OR TX/RX NO 0138 CONNECTION TEL 5036902942 SUBADDRESS CONNECTION ID ST. TIME 09/30 07:40 USAGE T 00'20 PGS. SENT 2 RESULT OR Fax Transmittal Cover Sheet Building Division City o Ti ar'd Date 7 3D a5-- Number of pages including cover sheet Z gli` From, To: Co: Co: CitXof -1ards_a640*4441W'Division Fax Fax 503- 69Z 3 6 Ph Sa3. 6 y~• Dyed Ph 503- 7/~ 2y3 SUBJECT: l~/~~h «t/ar~ ~o MESSAGE: i ` i Zee Fax Transmittal Cover Sheet Building Division City o Tigard Cate 30 D~ Number of pages including cover sheet 7 To: From: 6 OAS Co: c S/UV- t Co: City of Wclar'd, Division Fax 50.E G 90 L 9`x.2. Fax 503- &V2- • 3 6 S/ Ph 5-103. 6 YS D9~6 Ph 503-&89--41-71-,Ext. 719'-,?Y SUBJECT: f~~hv MESSAGE: 16 74-11 Zte 1-26~ is\dsts\forms\FaxTransmittaiToCopy.dot 06/13/02 SEP-02-2005 FRI 09;30 AM RIVERSIDE HOMES Inc, FAX NO. 5036902942 P. 01/01 Riverside '{Y%.j~"e •k^:'~ • 1Y ' ~Q. , .....r`M . "'~:.-'~`.:~Y 'Ott:.., )Homes, Inc. 1925 NW AmberGlen Parkway, Suite 200 Beaverton, OR 97006 • Phone 503.645.0986 • Fax 503.690.2942 800.208.5037 www.RiversideHome.com OR CCB# 70065 WA License# RIVERHI972BS September 2, 2005 City of Tigard 13125 SW Hall Blvd, (S S Tigard, OR 97223 7R I Re: Bond # 850584S I To Whom It May Concern: Riverside Homes, Inc. hereby requests the release of the orinance bond or the plat improvements for the Walnut Glen subdivision. (Bond #850 Please contact my office immediately if there is a problem with the aforementioned request or if I need to contact someone else in your office for the release. I have made numerous telephone calls and written several letters asking for the release of this bond with no results. Sincerely, Matt Seidel Riverside Homes, Inc. QudiC V, GhoLGe anct value Date/Time Stamp 1/15/2004 3:14 PM New Records City of Tigard, Oregon Transmittal Form Department: Community Development Account: 2230 Date: January 15, 2004 Current Planning Division Prepared b : Patty Lunsford, Planning Secretary Extension: 2438 Date: Retention Retention Record Series Description: From To Coder Period: Title: Planning - land Use Fie Modification Same as Land 5/8/2002 Use Files R and n0'U ED ADD - 0 T P T N/ LE A S 4/25/2003 SUB98-0001 WALNUT GLEN SUBDIVISION Two letters pertaining to the status of Tree Installation Bond # 850584S posted in the amount of $70,900 assured by the INSCO/DICO Group. KEYWORDS: Tree Mitigation/Installation Bond Bond No. 850584S INSCO/DICO Group TO BE COMPLETED BY RECORDS DIVISION STAFF Received by: Date Medium: Received: Clerk's Index: Clerk's Index Record Identification Yes 11 No ❑ Date of Ent : Code: I:\CURPLN\MASTERS\TRANSMITTAL-LAND USE FILES.DOC CITY OF TIGARD April 25, 2003 OREGON Service Department, Home Office The INSCO/DICO Group 17780 Fitch Irvine, CA 92614 RE: Bond Number 850584S To Whom It May Concern: The City has received your request regarding information pertaining to the above referenced bond in the amount of $70,900 for installing trees in the Walnut Glen Subdivision. We received a similar request last year. At that time we sent a correspondence to the developer of that project requesting information relating to the actual amount of work that had been performed. We received no response. It is on this basis that the City assumes that the work has not been completed. Until it can be definitively shown that the required planting has occurred, we cannot release this bond. We appreciate the opportunity to comment on this matter. Should you have additional questions, please feel free to contact me at (503) 639- 4171, ext. 2428. Sincerely, tl MORGAN TRACY Associate Planner Enclosures .13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD May 8, 2002 OREGON Bill Wagoner Riverside Homes 16666 Greenbrier Parkway, Suite 140 Beaverton, OR 97006 Dear Mr. Wagoner: This letter is to inform you that the City has received a status request from The INSCO/DICO Group for a bond posted in the amount of $70,900 required as part of the land use approval for Walnut Glen, case file no. SUB98-0001. The bond was to cover the cost of installing trees as part of the mitigation program. Per our records, you had a tree mitigation requirement of 2,836 caliper inches. I have visited the site and confirmed that some trees had been planted. It is your responsibility, however to provide a lot by lot inventory of what has been planted and how many total caliper inches are represented by the planted trees. There was some discussion of trees being planted off-site in an open space area, so please remember to include these in your inventory, and indicate where they are. Once we have this information, we may respond to the status inquiry. If you have any questions, please feel free to contact me at (503) 639-4171. Sincerely, MORGAN TRACY Associate Planner C: The INSCO/DICO Group X898-QQDI 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD OREGON May 8, 2002 Bill Wagoner Riverside Homes 16666 Greenbrier Parkway, Suite 140 Beaverton, OR 97006 Dear Mr. Wagoner: This letter is to inform you that the City has received a status request from The INSCO/DICO Group for a bond posted in the amount of $70,900 required as part of the.land use approval for Walnut Glen, case file no. SUB98-0001. The bond was to cover the cost of installing trees as part of the mitigation program. Per our records, you had a tree mitigation requirement of 2,836 caliper inches. I have visited the site and confirmed that some trees had been planted. It is your responsibility, however to provide a lot by lot inventory of what has been planted and how many total caliper inches are represented by the planted trees. There was some discussion of trees being planted off-site in an open space area, so. please remember to include these in your inventory, and indicate where they are. Once we have this information, we may respond to the status inquiry. If you have any questions, please feel free to contact me at (503) 639-4171. Sincerely, MORGAN TRACY Associate Planner C: The INSCO/DICO Group 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 V i -Aru, !e!t t tree & la' cape. \ , y D se vet -the Differenee 5550,sw Rosewood • P.O. Box 1967 • Lake Oswego, Oregon 97035 t . February- 8,/2001 Mr. Greg Hicks Pine Valley Builders \ t . \X i " i 1052 Troon 1 1' / % S Lake Oswego' OR 97034- \ r ~ ; ~•l. ~ III i• ~ ~ ,1~~ ~;l \ ; De. \ ar Greg: 0 _I J,' I ( - / .This letter completes the scope of assignment to visually assess the location of the largest Dougls-fir (Pseudotrug`a men~iesia) on Lot 12, SW 113th Place (off SW Former), Tigard, and to ,comment on the possible effects lof raising grade, or filling, within its root zone. The subject.tree.(37 inches.diameter at four~feet above grade) already has fill over am I j estimated 40 percent of its root zone. If this=fill was added more than'a year ago it is probable that the roots below,it are dead. As the roots decay, the subject tree can still'look fine above ground one day, and fall the next day. \ i The tree has been able to surviveuntil now due to the,two neighboring large firs, with wlioinT it probably{shares agrafted root system. None of'a grafted,root system, however, would \ provide anchorage on\tke opposite side of.the subject tree where the 'raised grade is.~ . In m rofessiorial,o anion the tree's life already is,in a clear and resent dari er. If } \ ` proposed construction will add fill to its root zone; it should be removed. Its stump should / \ • be removed by g g'rinding, if it is removed, in order'to protect the. roots of\the. other two large ' i_ firs. i a , ; J I 7 ' Please call me if you have any,questions. Yours fora greener Northwest ` I - PRUETT TREE AND LANDSCAPE 1 \ - David R. Cory Consultng-Arbonst i Y Serving thei Northwest Since 1935 Tree Care Consulting Maintenance Plant Health Care Landscape I n s t a I I a t i o n Portland •(503) 05::391610 (360) 693-0088 nancouvei FAX (503) 635-1524 \ 1 4, \ ti City of Tigard Community Development MEMORANDUM Shaping A Better Community CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503) 639-4171 Fax 684-7297 TO: Counselor Scheckla FROM: Julia Hajduk, Associate Planner DATE: December 15, 2000 SUBJECT: Walnut Glen Subdivision Tree Mitigation In response to your inquiry a few weeks ago regarding the above-mentioned subdivisions I have reviewed the Walnut Glen Subdivision file. This subdivision was approved in May 1998 by the Hearings Officer. While it is true that the applicant had originally proposed to save at least 25% of the trees on the property, all of the trees were removed during the construction of the subdivision. Because of that, the applicant has to mitigate for 100% of the caliper inches cut. This is allowed by the Tigard Municipal Code. Minor changes often occur to the tree removal plan based on actual site data during construction which is why the final tree mitigation plan is not approved until after construction. This project did, however, point out to staff the need to have stronger conditions in place to insure that the applicant does not remove more trees than are necessary above and, beyond those originally shown to be removed. Since this subdivision was approved, standard conditions have been added and planning and engineering staff have increased communication to insure that no construction begins until the trees to be saved are clearly marked on-site with protection fencing. Even though staff made changes to the process after this subdivision was approved, it does not mean that the applicant violated any standards by removing more trees that they had originally proposed because we did not have clear and strong conditions in place for this subdivision. Of course, the developer has to mitigate 100% of the inches that they remove. They have indicated that they plan to plant 2 trees per lot within the subdivision and will plant some trees in the open space behind the subdivision. The remaining caliper inches will be mitigated by paying the fee-in-lieu. This proposal meets the code standards which require mitigation to be accomplished by planting mitigation trees on-site, off-site or by i paying the fee in-lieu. The mitigation is based on the total caliper (diameter at breast height) inches removed. If four, 25-inch trees are removed (100 inches total), the applicant would have to plant 50, 2-inch caliper trees. After our conversation, I contacted the developer for a status update on the mitigation. They indicated that they have planted 11 cedar trees, 12 poplar trees, 3 birch trees, 1 Franxinus Penn and 1 Crataegus Phaenopy tree on the site. They are working with a neighbor, who has worked diligently with them throughout the process on mitigation, to plant some additional trees that she would like planted in the open space area. Upon completion of the planting they will prepare _a final inventory of the site and submit it to the City and will issue a check for the remaining caliper inches that were not mitigated on or off-site. The applicant previously submitted a bond in the amount of $72,318.00 to cover the mitigation. A bond is required in the event that developers fail to move forward with the project. and required mitigation. Upon submitting evidence of the trees planted and payment of the fee in-lieu for the remaining inches, the bond will be released. The fee in-lieu amount goes into the tree mitigation fund which is used by the City to purchase and plant trees within the City where they are needed (street trees in older neighborhoods where there are none, parks, wetlands, etc.). I hope that this has addressed the issue for you with sufficient detail that you are able to respond to the citizen who brought this to your attention. Please let me know if there are remaining questions that I can clarify for you. c: Bill Monahan Jim Hendryx SUB98-0001 Land use file hcurpln\ ulia\walnut glen memo.doc RIVERSIDE HOMES Fax:5036902942 Dec 6 '00 1322 P.01 Riverside Homes Incorporated 15455 N.W. Greenbrier Parkway, Suite 140 / Beaverton, Oregon 97006 (503) 645.0966 (50$) 690-2942 FAX www.dversidehome.com December 6, 2000 To: Julia Powell Hajduk From: Tim Taylor Re: Walnut Glen Tree Mitigation Dear Julia, In response to your letter dated December 1, 2000, Riverside Homes, Inc. has completed construction of the Walnut Glen subdivision. To date, Riverside has planted 11 Cedar trees (between lots 8 &9), 12 Popular trees (in wetland area), 3 Birch, 1 Franxinus Penn and I Crataegus Phaenopy (lot 19). The total caliper inches planted is 84. Currently Riverside is working with a neighboring property owner, Ms. Peggy Webster, to plant some additional trees. Upon the completion of the plantings Riverside will perform a final tree inventory of the entire site and submit to the City of Tigard. After the remaining caliper inches are determined to fulfill the mitigation requirement for the site, Riverside will then issue a check to the City of Tigard for the determined outstanding quantity. Sincerely, TIS Taylor Land Development Manager • CITY OF TIGARD December. 1, 2000 OREGON Tim Taylor Riverside Homes 15455 NW Greenbrier Parkway, Suite 140 Beaverton, OR 97006 Dear Mr. Taylor: You sent me a memo in August 2000 indicating that you estimate build out of the Walnut Glen Subdivision by early November. You indicated that, at that time, you would provide me with a matrix inventorying all the trees planted as part of the Walnut Glen tree mitigation. I am writing to obtain the status of this information. I have been asked by one of our Council members the status of the tree mitigation on this site because he has received complaints from neighbors in the area that no mitigation has been completed. As I must respond in a timely manner to this inquiry from Council, I would appreciate a quick status report from you on where you are at in the tree mitigation process. If you have planted some trees, it would be helpful to know how many, the size and the location, even if the final mitigation is not complete. Thank you in advance for your time and quick response on this matter. Sincerely, Julia Powell Hajduk Associate Planner I:\curpln\Julia\Sub\Walnut Glen status request.doc c: SUB98-00001 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 RIVERSIDE HOMES Fax:5036902942 Aug 28 '00 1405 P.01 Riverside Homes Incorporated 15455 N.W. Greenbrier Parkway, Suite 140 / Beaverton, Oregon 97006 (503) 645-0986 (503) 690-2942 FAX www.6versidehome.com August 28, 2000 To: Julia Hajduk From: Tim Taylor Re: Walnut Glen Tree Bond Dear Julia, Riverside estimates that we will be built out of the Walnut Glen subdivision in early November. At this time Riverside will put together a vee matrix to inventory all trees planted as part of the mitigation required for the project. The remaining caliper inches will be mitigated by submitting a check to the City of Tigard based on the per caliper inch price which was submitted for the calculation of the bond. Please contact me with any questions or concerns. Sincerely, Tim Taylor Land Development Manager John and Sharon Fulton RECEIVED PLANNING 12200 SW 116th Avenue Tigard, OR 97223 APR 2 5 2000 (503) 590-3726 CITY OF TIGARD April 21, 2000 City of Tigard Planning Department 13125 SW Hall Blvd Tigard, OR 97223 Dear Planning Department Staff: We request the assistance of your expert staff to evaluate the grading of three lots in the new Walnut Glen subdivision that back up to our property. One home has already been constructed. The lots on either side are currently being graded and the foundation has been poured on one lot. Today, a small bulldozer spent the entire day up against our back fence line adding soil height to one lot and building up a small berm behind our neighbor's lot. We walked the lot tonight and are concerned that water will be forced back onto our lot and our neighbor's lot as a result of the new grading. The natural slope and drainage from the Southwest to the Northeast has been disturbed. Your department was kind enough to require Riverside Homes to construct a storm drain line to the edge of our property last summer so we could ':ie in a french drain system on our lot and carry some water runoff into the sewer lines. If the grading remains as high as it is today, the benefit of the French drains that we installed will be minimal. Historically there has been a stream running from South to North along this fence line in the City of Tigard easement. We feel Riverside Homes should be required to run a new French drain the length of this property line in the City of Tigard easement to capture this surface and subsurface water. We are very, very concerned that the new grading will cause this stream to flow onto our lot. We would appreciate your survey of the situation and suggestions for a speedy remedy to this issue. Sincerely, Germ Sharon D. Fulton John D. Fulton i I RIVERSIDE HOMES Fax:5036902942 Oct 4 '99 9:59 P.01 Riverside Homes Incorporated 15455 N_W. Greenbrier Parkway, Suite 140 / Beaverton, Oregon 97006 (503) 645.0886 (503) 690-2942 FAX www.eivemidehome.com October 4, 1999 To: Dick Sewersdorff From: Tian Taylor Re: Conditions Associated with Case # SU898-00001 Dear Dick, _ Two conditions of approval for Walnut Glen show on the check sheet not to have been met. The first is provide tree protection for trees on site. Originally when this condition was drafted Riverside had planned to retain trees on site and mitigate for 75% of the total caliper inches removed. Upon plat construction Riverside removed all the trees on site and will mitigate for the frill 100%, which the tree bond reflects. The second condition was to plant a minimum of two trees on each parcel as part of the tree mitigation plan, It is not viable to plant the trees at this due to damage they would encounter during the home construction. Riverside will plant the trees upon completion of the home construction for each lot. The tree bond also reflects this. 1 respectfully request that these two conditions been signed off on so Riverside may secure its building permits. Sincerely, Tim Taylor Land Development Manager CITY OF TIGARD S6apingA Better Commurtity COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 FAIT COVER SHEET L Number of pages including cover sheet: 4 DATE: September 30, 1999 TIME: TO: Todd Englert PHONE: WE 639-5829 FROM: Patty Lunsford PHONE: (503) 639-4171 City of Tigard FAX: (503) 684-7297 Planning Department RE: SUB98-00001MALNUT GLEN SUBDIVISION C: TIM TAYLOR/503-690-2942 SUB98-00001 Land Use File Page 3 of the Conditions Associated with this land use case has 4 items that I have circled that appear to be outstanding. Hope this helps! Please give me a call if you have any questions at (503) 639-4171, extension 320. Thank you. CITY OF TIGARD Shaping A Better Community COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OREGON 91223 FAX COVER SHEET L Number of pages including cover sheet: 4 DATE: September 30, 1999 TIME: TO: Todd Englert PHONE: FAX- 639-5829 FROM: Patty Lunsford PHONE: (503) 639-4171 City of Tigard FAX- (503) 684-7297 Planning Department RE: SUB98-00001 /WALNUT GLEN SUBDIVISION TIM TAYLOR/503-690-2942 SUB98-00001 Land Use File Page 3 of the Conditions Associated with this land use case has 4 items that I have circled that appear to be outstanding. Hope this helps! Please give me a call if you have any questions at (503) 639-4171, extension 320. Thank you. 09/30/1999 Conditions Issociated with Case SUB000001 9:16:25 AM Cond. Stat. Changed Updated Code Title Hold Status Changed By Tag Updated By 0001 LOT SIZE VERIFICATION REQUIRED Met 08/24/199 JPH 08/24/1999 JPH Provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement, exclusive of access drives. STAFF CONTACT: Julia Hajduk (639-4171 x407). 0001 SUBMIT REV PLAN - SETBACKS Met 04/20/199 JPH 04/20/1999 JPH Submit a revised plan that shows the proposed setbacks for the existing structure on lot 6 are met. STAFF CONTACT: Julia Hadjuk (639-4171 x407). 0001 MODIFY STREET TREE PLAN REQ'RMNTS Met 07/13/199 BDR 07/13/1999 BDR Modify the street tree plan to show the following: A. Spacing of trees along SW 114th Court will be in accordance with the Tigard Development Code based on the mature size of the tree; and B. Submit a plan that shows that no trees are proposed in the vision clearance triangle. STAFF CONTACT: Julia Hadjuk (639-4171 x407). 0001 TREE REMOVAL REQUIREMENTS Met 07/20/199 JPH 07/20/1999 JPH TREE REMOVAL - The applicant shall: A. Provide the total number of caliper inches removed; B. Mitigate for 75% of the caliper inches removed. If the final number of trees removed exceeeds 75% of the existing trees, the applicant must mitigate for 100% of the total caliper inches removed; and C. Record a deed restriction for those trees that are to be preserved. STAFF CONTACT: Julia Hadjuk (639-4171 x 407). D. Prior to clearing on the site, the applicant shall submit to Mr. Fulton a written offer to prune the trees on his property by an arborist or similar landscape professional to reduce their potential exposure to high winds. The written offer shall summarize the proposed pruning, i.e. when the trees will be pruned and the scope of pruning proposed. The offer shall provide Mr. Fulton a reasonable opportunity (no more than 30 days) to accept or reject the offer in writing. Mr. Fulton's failure to respond within the designated time frame will be construed as a rejection of the offer. Mr. Fulton may accept the offer subject to reasonable restrictions on when the work may be perfomed and subject to a requirement that the applicant hold the owner of the property harmless for any damage resulting directly from the pruning activities. 0001 DEED RESTRICTION REQUIRED Met 07/13/199 BDR 07/13/1999 BDR Provide a deed restriction for either lot 16 or lot 10 to prohibit access onto the private drive identified as Tract "B". STAFF CONTACT: Julia Hajduk (639-4171 x407) 0001 RECORD DEED RESTIRICTION Met 07/13/199 BDR 07/13/1999 BDR Record a deed restriction for lots fronting SW Walnut Street prohibiting direct access onto that street. STAFF CONTACT: Julia Hadjuk (639-4171 x407). 0001 OBTAIN P-IMP PERMIT/COMP AGRMNT Met 12/30/199 BDR 07/13/1999 BDR Obtain a public improvement permit and compliance agreement 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: theses 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. 0003 COMP AGRMNT/$ ASSURANCE INFO REQD Met 12/30/199 BDR 07/13/1999 BDR Provide the Engineering Department 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. 0021 STREET ACCESS RESTRICTIONS: Met 12/30/199 BDR 07/13/1999 BDR Provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicle of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicle of all suppliers and employees associated with the project. 0034 UTILITY EASEMNT (OFF-SITE) APPRVL Met 12/30/199 BDR 07/13/1999 BDR Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to construction of the public improvements. 0022 ROW (ADDTN'L) DEDICATED ON F-PLAT Met 06/28/199 BDR 07/13/1999 BDR The final plat shall indicate that additional right-of-way will be dedicated for SW Walnut Street to provide 33 feet from centerline. 0001 HALF-STREET IMPROVEMENT REQUIRMNT Met 12/30/199 BDR 07/13/1999 BDR Construct standard half-street improvements along the frontage of SW Walnut Street. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerine equal to 22 feet; B. Pavement tapers needed to tie the new improvement back into the existing edge of payement shall be built beyond the site frontage; C. Curb or curb and gutter; D. Storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. Six (6)-foot concrete sidewalk; F. Street striping; G. Streetlights as determined by the City Engineer; H. Underground utilites (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); I. Street signs; and J. Adjustments in vertical and/or horizontal alignment to construct SW Walnut Street in a safe manner, as approved by the Engineering Department. Page 1 of 3 09/30/1999 Conditions l~sociated with Case SUB000001 9:16:25 AM Cond. Stat. Changed Updated Code Title Hold Status Changed By Tag Updated By 0001 F-PLAT REQ'D TO SHOW NEW ST NAME Met 06/28/199 BDR 07/13/1999 BDR The final plat shall indicate that the new public street name will be "SW 114th Place." 0001 FUTURE STREETS.PLAN REQUIRED Met 12/30/199 BDR 07/13/1999 BDR Prior to construction of the public improvements, the applicant shall submit, for City Engineer and Planning Director review, a Future Streets Plan to show how a public street stub can be provided to Tax Lot 403 (WTCM 2S1 03AB). The plan shall show plan and profile of the street stub and how it can tie in with a realistic future lot pattern on Tax Lot 403. Topography of the subject site and Tax Lots 403 will need to be taken into consideration in order to ensure that the street stub is placed in an appropriate location. Final street stub location wll be approved by the City Engineer. 0001 ROW/PAVEMENT WIDTH (TAX LOT 403) Met 12/30/199 BDR 07/13/1999 BDR The right-of-way and pavement widths of the street stub to Tax Lot 403 shall be 46 feet and 28 feet respectively. 0001 ROW/PAVEMENT WIDTH (SW 114TH) Met 12/30/199 BDR 07/13/1999 BDR The right-of-way and pavement widths of SW 114th Place shall be 46 feet and 28 feet respectively. 0044 SIGNAGE REQUIRED: Met 12/30/199 BDR 07/13/1999 BDR Both SW 114th Place and the street stub to Tax Lot 403 shall be signed "No Parking" on one side of the street. The applicant will be responsible for the costs of these signs and shall delineate on the construction plans, which side of the streets will contain the signs. Final sign location and type shall be approved by the City. 0001 FULL WIDTH STREET IMP. REQ'RMNTS Met 12/30/199 BDR 07/13/1999 BDR Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilites shall be installed within the public streets in the subdivision. Improvements shall be designed and constructed to local street standards. 0001 STREET PROFILE REQUIRED Met 12/30/199 BDR 07/13/1999 BDR A profile of SW Walnut Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 0001 RESTRICTED ACCESS Met 06/28/199 BDR 07/13/1999 BDR Lots 1, 3, 4 and 22 shall not be permitted to access directly onto SW Walnut Street. 0007 MAINTNCE REQ'RD FOR JOINT PVT ST Met 06/28/199 BDR 07/13/1999 BDR The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private streets will be jointly owned and maintained by the private property owners who abut and take access from them. 0008 PRIVATE ST CC+R'S APPROVAURECORD Met 06/28/199 BDR 07/13/1999 BDR 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 streets. 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 streets. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 0009 PRIVATE ST PAVEMENT REQUIREMENTS Met 12/30/199 BDR 07/13/1999 BDR The pavement and rock section of the proposed private streets shall meet the City's public street standards for a local residential street: 0045 H2O LINE ON P-IMP CONSTRUCT DRAWS Met 12/30/199 BDR. 07/13/1999 BDR 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. 0001 ACCESS EASEMENT REQUIREMENT Met 07/13/199 BDR 07/13/1999 BDR The applicant shall grant to the City an access easement over lot 13 allowing City vehicles, personnel and equipment access to the sewer and stormwater facilites within or abutting Tract A. The easement shall expressly prohibit any development or use on lot 13 which could interfere with the City's use of the easement, including fences, gates or structures of any kind, and shall expresssly require the owner of lot 13 to pave and maintain a driveway in the access easement in a goood and workmanlike manner so that it is continuously accessible to and safe for access by the City and its employees and agents. The easement shall be approved by the City Attorney. Page 2 of 3 09/30/1999 Conditions Issociated with Case SUB*00001 9:16:25 AM Cond. Stat. Changed Updated Code Title Hold Status Changed By Tag Updated By 0055 H2O QUAL FAC (PVT) SUBMISSION REQ Met 07/13/199 BDR 07/13/1999 BDR 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 and maintenance plan to be approved by the City Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard on the final plat. AS a part of the improvement plnas submittal, the applicant shall submit an Operations and Maintenance Manual for the proposed facility for approval by the Maintenance Services Director. The facilites shall be maintained by the developer for a three-year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. 0014 EROSION CTRL PRVD W/P-IMP DRAWNGS Met 07/13/199 BDR 07113/1999 BDR 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." 0057 GRADING FINAL PLAN REQUIREMENTS: Met 07/13/199 BDR 07/13/1999 BDR 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). 0058 GEOTECH/GRADE SLOPE CONSTRCT Met 07/13/199 BDR 07/13/1999 BDR REQD 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. 0001 OBTAIN 1200-C GENERAL PERMIT Met 07/13/199 BDR 07/13/1999 BDR The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 0059 SLOPE REQ'RMNTS/GRADE PLAN Met 07/13/199 BDR 07/13/1999 BDR 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 07/27/199 BDR 07/27/1999 BDR The applicant shall either place the existing overhead utility lines along SW Walnut Street 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, it shall be paid prior to approval of the final plat. 0001 F-PLAT APPL SUBMISSION REQ'RMNTS: Met 07/13/199 BDR 07/13/1999 BDR Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The partition plat and data or narrative shall be drawn to the miminum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington. County, and by the City of Tigard; and C. Once the City and County have reviewed the plat, submit two mylar copies of the partition plat for City Engineer's signature. 0001 TREE PROTECTION REQUIRED Not Met 08/11/1998 VIV Prior to issuance of building permits, the applicant shall construct the recommended tree protection measures prior to commencement of construciton. STAFF CONTACT: Julie Hadjuk (639-4171 x407). 0031 MYLAR P-PLAT REQD FOR BLDG PERMIT Met 09/20/199 BDR 09/20/1999 BDR Prior to issuance of building permits, the applicant shall provide the Engineering Department with one (1) recorded mylar copy of the subdivision/partition plat. 0001 SUBSTANTIAL COMPLETION REQ'RMENTS Not Met 08/11/1998 VIV Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantiallly completd by the City Engineer. Substantial completion shall be when: A. All utilites are installed and inspected for compliance, including franchise utilties; B. All local residential streets have at least one lift of asphalt; C. Any off-site street and/or utiltiy improvements are completely finished; and D. All street lights are installed and ready to be energized. GFP0020 SITE IMP INSTALLED PER PLANS Not Met 08/11/1998 VIV All site improvements installed per the approved plans. 0?0 TREE MITIGATION REQUIREMENTS Not Met 08/11/1998 VIV Plant a minimum of two (2) trees on each parcel as proposed as part of tree mitigation plan. Page 3 of 3 09/30/99 11:10 $503 684 7297 CITY OF TIGARD 1x001 * ACTIVITY REPORT TRANSMISSION OK TX/RX NO. 9565 CONNECTION TEL 5036902942 CONNECTION ID START TIME 09/30 11:08 USAGE TIME 02'32 PAGES 4 RESULT OK CITY OF TIGARD SkapirrgA BeturCom mmEty commuNn Y IEVELOPMENT DEPARTMENT PLANNING DIVISION 13125 SW HALL BOULEVUB TIGARD, OREGON 97123 Number of pages inetading cover sheet 4 OITE September 30, 1999 naE TO., Todd Englert PHONE: FAIL 639-5829 FROM Patty Lunsford PHONE (503) 6394171 City of Tigard FAX (503) 684-7297 Planning Department BE SUB98-00001 /WALNUT GLEN SUBDIVISION TIM TAYL4R/503-690-2942 SUBS$-00001 Land Use File / r• RIVERSIDE HOMES Fax:5036902942 Aug 20 9 , 10:56 P.01 77 SUooo Riverside Hennes Incorporated 15455 N.W. Greenbrier Parkway. Suite lao! Beaverton, Oregon 97000 (503) 645-0986 (503) 690.2942 FAX FAx COVER SHEET DATE: TO: q~0~ lc{.t/1j ATTENTION: FROM: 774~- NUMBER OF PAGES TO FOLLOVI: Tf a13 p¢iges indicated are not received, ?lease call us at: (503) 645-098G. TLJ /~h11I v^• t RIVERSIDE HOMES Fax:5036902942 Rug 20 '99 1056 P.02 08/20/19991v 09: a0 503-65 93 CdmpASB ENCaSNE G PAGE 01 COMPASS CORPORATION ENGINEERING - SURVEYING - PLANNING W E 6564 S.E. Lake Road (503)653-9093 S Milwaukie, Oregon 97222 FAX (503) 653-9095 TELECOMMUNICATION COVER LETTER PLEASF- DELIVER THE FOLLOWING PAGES TO; NAME: DATE' 2 a ciri FFRM:i..r~12~'` TIME: 3 y ~M TELECOPIER NO,: ' 2Q~2 YOB/CLIENT # FROM. # OF PAGES FOLLOWING: ~v ORIGINALS: Will be sent via Regular Mail ( } Will be sent via 0< Will NOT be sent COMMENTS: LA; tJ`?T !o 1A N RIVERSIDE HOMES Fax:5036902942 Rug 20 '99 10_57 P.03 08/20/1999 09:46 593-6 093 COMPASS ENGI G _ PAGE 02 MIL-WAUKIF., OK7CGOM ")7222 r 1 r~ 8 a ,y M 11~,:Cr~~c~ Oahra. 114 hio: L,07 1.•,W/r'L. G Ur aUr iPt iOr, 100 13 wt9 f 1~k Et -7ik T04E i11a,~v itt Station .iOi1 9.1 S 89 47 00 W 1.5106 5 $9 47 OQ W 63.37 3 409 N 00 19 11 E 117.25 z~l `5 rah r 49 L 49,00 410 ;la 0S 08 E~ 112.29 r 5 1:, 21 E 7.02 parcel p8riff)L y-- :364.4°) U5f' AY-rel : 7SO1.45 Srt . tJ$ eet C) 17 AC1'G8 RIVERSIDE HOMES Fax:5036902942 Aug 20 '99 10:57_ P.04 08/20/1999 09:40 503-60093 COMPASS°ENGIN NG' PAGE 03 Gar c~1 clI nirim inver< ec! DaL.,it Naino L0TA, W~rUZ ;=ci 1 p1.iGrt- luT .m w/i7 F~¢5 yred Svgm-tnt~'. oir+t~ ;tettion C)sraction C?x~t,-,,i r+ce 1 ? IJ PA 87 47 17 E 15.01 2 424 N 67 47 17 F 62 - 1;17 41 C - M S o 11 F., 81-70 4 417 5 40 W 91 .')4 N 00 02 24 E a,, .2a 90 Par.--~el Per irriet :,r Area: 74gn, UZ,Fe t C/ 750, RIVERSIDE HOMES Fax: 5036902942 Rug 20 '99 1057 P.05 08/26/1999 09: a6 503-6 693 COMPASS iK N NG^'--- PAGE 64 c.a-+•- NOW- M "A& --•===-.SWAN" n=.. ,r 9:: 10 ':•k'F^~an;, .w.,w-e.~-. _..=5=ON Z= Parcel Suwmar Y T it 1! t? T` 3 ~6 CJ ~ id T. Di~t~nce 'segment Point Station Div act ion J, g l =j J. Q6 92.03 4383 S UO 10 00 L 26.10 4 ? N q7 49 44 T 72.SS A 15 N 8 s0 11 W 8208 5 11;1 N `w A 00 W 10-24 t5 414 ri 59 B2 W 7 91, Parcel Pe1-Lm+r3ter : 050.60 UsFggL Area 7500.64 SQ . U Fee; t 0.17 Farr' 4si End of Parcel summary Total Area of Parcels: 22501.84 Sty. USFeet 0.52 A C r !S' RIVERSIDE HOMES Fax:5036902942 Aug 20 '99 10:58 P.06 08/20!1999 09:40 503•-6 093 COMPASS ENGIN NG PAGE 05 PRIVATE DRIVE u . a EASEWNT a I r S s LOT 4 j 8,132 S.F. ° i l I r `J~J at- SCALE. I" 0 2d' COMPASS CORPORATION LOT 4 ~ mWam o • smnvm a PL/ r. WALNUT GLEN r Y. Utia .w wea Ti"Im. ~~10A 8 M~YI~ ~ ~7ta ~D fIt • RIVERSIDE HOMES Fax:5036902942 Rug 20 9.___.10.:58 P.07 08120/1999 09: a0 503-63093 COMPASS ENGIN "ING PAGE 06 r a ~ t ~ LOT 8 ti { 8,874 S.F. St t + t ~ ~ t ~ t t ~ i r 1 ~ t ~ t t i L----------- Q a iv a s SCALD r = 2w COMPASS CORPORATION LOT S 1 191~MQ . SWVFV K ANNRiG WALNUT GLEN s m "m 111 '°aim w nGAM, OREGON RIVERSIDE HOMES Fax:5036902942 Aug 20 ONG 9 10 58 P.08 08/20/1999 09:40 503093 -COMPASS ENGIN PAGE 07 , 1 ` ~ i ! ,L x s : J N LOT 13 . , 8,741 S.F. ! EASfWwT t , j , Z ~w .21 W' SCALE; r _ 2W PRIVATE DRIVE R COMPASS CORPORATION LOT 13 EMa Sr+~c • suave,~o • ou► WAIXUT GLEN u ua sub ."a TiGARD, OREGON C~v898 OOd ~ Bond r850584S PERFORMANCE BOND TO THE CITY OF TIGARD KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned Riverside Homes Inc. As Principal, and DEVELOPERS INSURANCE COMPANY a corporation orgaiLed under the laws of the State of California, and authorized to transact the business of surety in the State of Oregon as a surety corporation, are held and firmly bound unto the CITY OF TIGARD in the just sum of Seventy Thousand Nine Hundred dollars ($70.900.00), for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, as the case may be, jointly and severally, firmly by these presents. Nevertheless, the conditions of the above obligation are such that- WIf.EREAS, said principal has agreed to:. Install trees in the Walnut Glen subdivision totaling ?.836 caliper inches within one year of execution of this agreement. NOW THEREFORE, if the said principal shall faithfully perform all of the provisions of said agreement in the manner and within the time therein set forth, or within such extensions of time as may be -ranted, and shall hold said City of Tigard harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub-contractor in the performance of said work, and shall indemnify and hold the City of Tigarg harmless from any damage or expense by reason of failure of performance as specified in said agreement, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect Dated this 19th day of July, 1999. City of Hillsboro- Principal: Riverside..Uomec, Inc. By: By: Surety Developers Insurance Company B L12 JAAL:h Kathleen . itc e , Attorney-In-Fact ti:pc t~id cr`jr`pabdnd doc POWER OF ATTORNEY OF I DEMNITY. COMPANY OF CALIFOR 11A AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 1 ~ ° 0 0 7 3 9 6 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 2002. ~f 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-1n-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint -DAVID J. BUELOW, THERESA A. LAMB, KATHLEEN M. MITCHELL, LAWRENCE J. NEWTON, JOINTLY AND SEVERALLY' the true.and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars ($10,000,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 22nd day of December, 1998. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By V By V Dan F. Vincenti, Jr. Dante FIpincenti, Jr. President' OMPANYOX' P sident \\1SUR4N pPPOggr r' ~Q OPPOq, °F i? OCT. 5 a T ATTEST o f r -MAR. 27 o 3. y 1967 0 .a ~ 1979 ~ ~rFOf1N\Pa~2 y° OF Oa~P \ By * By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On December 22, 1998, before me, C. Hollister, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand and official seal. C. HOLLISTER 1 0 COMM. # 1192615 Signature 2 Notary Public - California ORANGE COUNTY emy Comm. Expires AUG. 11, 2002 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this _ day of INDEMNITY COMPANY OF CALIFORNIA VEL RS INSURANCE COMPANY C`/I~ _ OMPANYOF 9\I~SURgY ~G4 pPOR,r 9 ~NQ\aPOR4~.cF n~ n By 2 = OCT. 5 0 By ~ =MAR. 27 O William T Sherer w 1967 i William T. Sherer 7 1979 a Senior Vice President /1FOPN~p~ Senior Vice President 4[IFOR`rp * * ID-314 REV. (12/98) I I July 1, 1999 CITY OF ~G D OREGON Tim Taylor Riverside Homes 16666 Greenbrier Pkwy, Suite 140 Beaverton, OR 97006 Dear Mr. Taylor: This letter is to inform you of the amount required for a bond for tree mitigation. Based on our discussions and my review, the total mitigation inches is 2,836. Based on the estimate you provided from Kyle Nurseries, the amount of replacing the 2,836 inches is $70,900. Your bond should be made out in this amount. Please keep clear record of each tree location and size that is planted in order to aid in releasing your bond in the future. Please be aware that I reviewed the outstanding conditions of approval and several have not been met. Please review your notice of final order. I have no record of condition 1-3 being met. The information may have been provided to the Engineering Department, however,. I will need a copy of all information showing compliance with conditions for the file. Once I receive this information I will sign off the conditions in the computer system. Please feel free to contact me at (503) 639-4171 x407 if you have any questions. Sincerely, ulia Powell Hajduk Associate Planner LcurplnTulia/dverside let.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 RIVERSIDE HOMES Fax:5036902942 May 13 '99 1109 P. 01 Riverside Homes incorporated 15455 N-W. Greenbrier Parkway, Suite 140 ! Beaverton, Oregon 97006 (503) 645-0886 (503) M-2942 FAX wwwAvemidehome.com 5/13/99 Re: Tree Bond for Walnut Glen. Julia, l have determined the dollar amount for the tree mitigation to be in the amount of $72,318.00 for the Walnut Glen subdivision. This was calculated by taking the arborist's total mitigation of, 2836 caliper inches and multiplying it by the bid from Kyle Nurseries of $25.50 submitted to you earlier this year. In order for me to secure the bond from our bonding company I will need a written statement from you on City letter head stating the City of Tigard is requiring a tree bond in the amount of $72,315.00 to ensure the fulfillment of the tree mitigation per the conditions of approval. I appreciate your prompt attention. Best Regards, Taylor Land Development Manager • RIVERSIDE HOMES Fax:5036902942 Jan 21 '99 16:55 P.01 -ig.....Q~._.ooo.l_...---_ 7 Riverside s Homes Incorporated 15455 N.W. Greenbrier Parkway, Suite 140 / Beaverton, Oregon 97006 (543) 6450986 (503) 690-2942 FAX www.hversidehome.com January 21, 1999 To: Julie Hajduk From: Tim Taylor # of pages to follow: 7 Re: Walnut Glen/ Fulton Dialogue Dear Julie, Following is the written correspondence with Mr. Fulton and Riverside Homes, Inc. concernVig the trees on his property. I want you to have copy of the letters for your records. Please cal] me if you have any questions. Sincerely, Tim Taylor Land Development Manager RIVERSIDE HOMES Fax:5036902942 Jan 21 '99 16:56 P.02 • 0 Riverside Homes 15 455 N.W. Greenbrier Parkway Suite 14o J Beaverton, Oregon 97006 (503) 646-M6 (S03) 690-2942 FAX 117!99 Mr. John Fulton 12200 S.W. 116th Avenue Tigard, Oregon 97223 Dear Mr. Fulton, Riverside !domes, Inc., per condition A. 4. D. of the Hearings Officer Decision, has enclosed a proposal for pruning the trees on your property. The intention of this pruning is to reduce their potential exposure to high winds as a result of the clearing of the Walnut Glen subdivision site. Riverside Homes, Inc. will accept all of the financial costs for all pruning activities on the subject property. The pruning will be performed upon the owner's authorization. Halstead's Arboriculture Consultants will be preparing the pruning recommendations for the trees and performing the actual pruning. You may have someone else do the work if you desire. 1 would need a copy of the bid so I may authorize payment for the work done. I would appreciate your prompt review in the arborist's recommendation for pruning your trees. If you have additional recommendations and concerns that are 'reasonable l will be glad to accommodate them. I would like to hear from you by 1IYV99 so as I can make neccessary arrangements. If more time is desired to review the recommendations, please let me know as soon as possible. Sincerely, Tim Taylor Land Development Manager RIVERSIDE HOMES Fax : 5036902942 Jan 21 '99 16:56 P.03 19199 John D. Fulton 12200 S W Ile Avenue Tigard( OR 97223 590-3726 January 9, 1999 Mr. Tim Taylor Riverside Homes 15455 N. W. Greenbriar Pkwy, Suite 140 Beaverton, OR 97005 Dear Mr. Taylor: I received your phone message of Thursday, Jam1ary 7, 1999, 9:23 a. m. regarding your plans to send an arborist out to our home the very same day. Apparently the arborist came, rang the door bell and no one answered. He then proceeded to trespass on the property and surveyed the front and back of our site. My son was home and watched him proceed. U fortunately I was out of the country on business. Upon my return on Saturday, January 09, 1999,1 called your office number 645-0986 and received no answer. By now I am sure you have reviewed Condition of approval S, paragraph 4.D. regarding the Walnut Glen decision by the City of Tigard. The intent of this paragraph was to protect the safety of my radio tower guy wires, which will be very susceptible to trees falling on them after the removal of so many trees in the Walnut Glen development. All trees on my property will be exposed to new wind forces I am responding promptly to you so that you can get on with your project. It is not my intent to delay your work We are going to ask you to approach this project differently than described in the Condition of Approval. We ask that you remove all trees on lot 16 of the Walnut Glen development and all trees from the backyard of our lot 21, Leron Heights, 12200 S. W. 116'* Ave. This will be total removal of all debris and stumpage for eight (8) trees. This will mitigate the safety risks to my tower caused by your Walrrul Glen development and it will enable us to design a new backyard landscape to obscure your development to the greatest degree. We are not asking you to plant any trees or landscape material on our lot. The eight- (8) trees we want removed are noted on the attached drawing: 1. Deodara cedar - this tree is an eyesore on the backside, which faces the Walnut Glen development. While beautiful on our side and very special to us, it will become exposed to new wind forces and it is located right next to a tower guy wire. RIVERSIDE HOMES Fax:5036902942 Jan 21 '99 16:57 P.04 2. Douglas fir - this tall tree is leaning in the &rection of the tower guy wire and is a major safety risk. 3,4,5 & 6, Apple trees - these four trees will be adversely impacted by the removal of the large fir as limbs and stumpage are removed 7. Cedar - this tree will be exposed to significant new wind forces and could do damage to our deck and home if f it were to fall. 8. Cedar - this tree will be exposed to significant new wind forces and it is infringing on the fence line with the adjacent lot. Eventually it will pose a threat to the safety of the tower guy wires We are not concerned about damage to our rear fence line in this process. You may remove any or all of it as needed for access. If you need the play-set moved, we can do this with a bit of notice. We do expect you to remove all branches, tree wood and stumpage. If this proposal is acceptable to you, please begin work at any time. The unfortunate alternative is to simply top and trim some trees which will leave Riverside Homes and the City of Tigard with an contingent liability should any of the tress fall onto the tower guy and bring down the 100 foot, 1, 000 pound steel tower. It would likely recoil to the west and slam upon Lot 16 in the Walnut Glen development if the rear guy broke. We hope you find our proposal acceptable. Sincerely, John D. Fulton Sharon D. Fulton RIVERSIDE HOMES Fax:5036902942 Jan 21 '99 1657 P.05 • t. 4v ('r ' J +it- 000 / fit, / C r ~ r 111 ~ , . : !-L v. L e' % , f c ! 'fit ~ ; i r i RIVERSIDE HOMES Fax:5036902942 Jan 21 '99 16:58 P.06 Riveirside r .Homes Incorporated 15455 N.W. Greenbrier F ga*way, Suits 140 / Beaverton. Oregon 97006 (503) 6d6-W86 (503) 690-2942 FAX wwwAwrei0ehome.com January 15, 1999 Mr. & Mrs. John Fulton 12200 S. W. I 16th Avenue Tigard, Oregon 97123 Dear Mr. & Mrs. Fulton, We have reviewed.your letter dated January 9, 1999 rejecting our offer to prune the two trees that are the subject of the Hearing Examiner's Condition of Approval No. 4. D. and requesting that we do something more than what is required by the Condition. We understand that you are concerned about the health of the tripes in your yard and agree that you should take necessary precautions so that they do not fall and cause damage to your home or any of the homes we are building in Walnut Glen. We would be happy to assist you by providing reimbursement in an amount up to $700.00, which is the cost of the pruning described in our initial written offer dated January 7, 1999. You may even be able to get all eight of the trees on your property removed for this amount. Also, we will clear all the trees from Lot 16 as you have requested. Please let us know as soon as possible if this offer meets with yarn approval. If so, I will expect instruction from you about the amount of the check, and whether it should be payable to you or to the arborist or landscape professional you have hired directly. 't'hank you for your prompt attention to this matter. If you have any questions or concerns, do not hesitate to contact me. Sincerely, T(m Taylor Land Development Manager RIVERSIDE HOMES Fax:5036902942 Jan 21 '99 1658 P.07 John D. Fulton 12200 S W. 116`x' Avenue Tigard, OR 97223 590-3726 January 16, 1999 Mr. Tim Taylor Riverside Homes 15444 N W. Greenbrier Pkwy, Suite 140 Beaverton, OR 97006 Dear Mr. Taylor: We have reviewed your letter dated January 15, 1999 offering to send us a check for $700.00 for the needed removal of our trees. Please stake the check payable to us and we will pay Morton tree service directly. Upon receipt of your check we will consider the Condition of Approval to be satisfied. We will move immediately on having our trees removed which pose a safety risk and we expect that you will do the same on Walnut Glen lot 16. Under the present winter weather conditions and changed conditions on the Walnut Glen property, all remaining trees pose a safety risk to my radio tower guy wires. ?his is why I have been so reactionary about this. I apologize to you and your team and to the City of Tigard for my actions. Quite simply - we feel threatened at this time due to the clearing of trees, which occurred, before we could remove our trees. Now, all we can do is to pray that we do not have a problem in the coming week: Thank you for your prompt response in resolving this mess. Sincerely, U~ John D. Fulton Sharon D. Fulton Cc: Dick Bewerdorf, City of Tigard • RIVERSIDE HOMES Fax:5036902942 Jan 21 '99 1658 P.08 _ Riverside Homes Incorporated 15455 NX Greenbrier Parkway, suite 140 / Beaverton, Oregon 970106 (503) 645.0986 (503) 690-2942 FAX www.Hvemidehome.com January 21, 1999 Mr. John D. Fulton 12200 S.W. 116th Avenue Tigard, Oregon 97223 Dear Mr. Fulton, In order for Riverside Homes, Inc. to reimburse you for the removal of the trees on your property we will need assurances that the work is to be performed. This assurance would be in the form of a signed bid by you and Mrs. Fulton authorizing the work to be done. As stated previously, Morton Tree Service has already bid on the project and are waiting for your authorization to proceed. You may contact Don with the company at 636-7902. Also stated previously, Riverside Homes, Inc. will either issue a reimbursement check to you directly or to the company you decide to perform the work. The choice is yours as is the decision when you would like the trees removed. You have expressed your concern to Riverside Homes, Inc. very clearly with the use of gun and lawsuit threats that the trees on your property post a threat to your 100' radio tower. I suggest you take a proactive role and cut the trees down now to appease your concerns. Riverside Domes, Inc. has committed to reimburse you for the cost of removal in the January 15, 1999 letter. Sincerely, Tim Z~or*'~ Land Development Manager RIVERSIDE HOMES Fax:5O 6902942 Jan 22 '99 8:23 P.01 Riverside =,=Homes Incorporated 15455 N.W. Greenbrier Parkway, Suite 140 / Beaverton, Oregon 97006 (503) 645-0986 (503) 690-2942 FAX FAX COVER SHEET ~r't 1 DAVE: 4 a-2 - TO: ~~~Y ll f /I~IRrG! ATTENTION: ig y FROM: NUMBER OF PAGES TO FOLLOW: SPECIAL INSTRUCTIONS: fo//Uwlh i5 fhe e"' ~4, SST o y Iro r L-a 2 e- 4,07 T r e/ X o u C e' uh~e Y S 1Lti~ fLJ G sr 7:6U4F. 1 / kI_ If all pages indicated are not received, please call us at: (503) 645-0986. THANK YOU! RIVERSIDE HOMES Fax:5036902942 Jan 22 '99 8:24 P.02 12/10/1998 10:02 50365*5 CCMPASS ENGIAPING PAGE 02 72..34' 1 I 1 1 20' 12' I I ~ I OT 5 I I 5j N I I r I 1 I 1t B 26.06' 1 1 S t I r { PRIVATE DRIVE i I t I I y t y ( 1 ~ I I { 1 I 1 I I { I { so 1 I { I I 1 r I L 62.90' TK CODE IS Il CAR A90UTAUJYIUM -9MACK$ FW Y+IS CWCURA DON scac~: r : ~ N COMPASS CORPORATION LOT 5 1 aWCAGEMMG SURVEMG WALNUT GLEN 63" C. L lom, 0-om ,'mac TICARD, OREGON 1 E s Jan-14-99 08:55A Joh Fulton (503 90-3726 (call P.01 DATE Thursday, January 14, 1999 TIME 8:55:48 AM NUMBER OF PAGES 1 FACSIMILE TO Dick Bewersdort COMPANY City of Tigard VOICE NUMBER 639-4171 FAX NUMBER 684-7297 FROM John Fulton COMPANY VOICE NUMBER (503)590-3726 FAX NUMBER (503)590-3726 (call NOTES Here is the arborist report that you requested. Given the present weather conditions and the hazard created yesterday, I feel that I and my neighbors must vacat our homes for fear of a tree falling on the radio tower guy wire. Jan-14-99 08:56A John 6Iton (506 590-3726 (call P-02 Riverside Homes incorporated 15455 N.W. Greenbrier Parkway, Suite 140 / Beaverton, Oregon 97006 (503) 645-0986 (503) 690-2942 FAX www.riversidehome.com 1/8/99 Mr. John Fulton 12200 S.W. 116th Avenue Tigard, Oregon 97223 Dear Mr. Fulton, Riverside Homes, Inc., per condition A. 4. D. of the Hearings Officer Decision, has enclosed a proposal for pruning the trees on your property. The intention of this pruning is to reduce their potential exposure to high winds as a result of the clearing of the Walnut Glen subdivision site. Riverside Homes, Inc. will accept all of the financial costs for all pruning activities on the subject property. The pruning will be performed upon the owner's authorization. Halstead's Arboriculture Consultants will be preparing the pruning recommendations for the trees and performing the actual pruning. You may have someone else do the work if you desire. 1 would need a copy of the bid so I may authorize payment for the work done. I would appreciate your prompt review in the arborist's recommendation for pruning your trees. If you have additional recommendations and concerns that are reasonable I will be glad to accommodate them: 1 would like to hear from you by 1/12/99 so as I can make neccessary arrangements. If more time is desired to review the recommendations, please let me know as soon as possible. Sincerely, Tim Taylor Land Development Manager Home: 246-:3086 Mobile: 260-4852 Jan-14-99 08:56A John~ulton (50590-3726 (call P_03 9E902942 P.02 01-08-1999 0e:51AM FROM HALSTEAD'S ARBORICULTURE TO HALSTEAD'S snec!a!sts the care and ARSQR f CULTURE preservasior. of frees" CONSULTANTS Oa-d Hy!sloaa. cansuaan+ 9 S P 0 Box 1 162. Tu813'1n. On 9706: At • Phoce- 15031 245.1383 January 8, 1999 J ATTN.: Mr. Tim Taylor Riverside Homes, inc. 15455 NW Grenbrier Parkway Suite 140 Beaverton, OR 97006 Reference: Tree Assessment Location: 12200 SW 116"' Avenue Subject' Tree Care and Preservation J 1 have inspected the trees located on the east side of the residence located at 12200 SW 116"' Avenue for the purpose of determining the pruning needs for the development of the trees future structure. There are two major trees, one (1), a Douglas-fir tree located on the south east side + of the beck yard, and two (2), a Dedora-cedar tree located in the mid east part of the back yard The Douglas-fir tree although healthy has a codominant trunk and several surface roots, two of which are V Roots°. These are large surface roots that will eventually cause the tree to up root- Further, the tree has a unnatural lean towards the south west, Pruning will help to lessen wind throw, but the tree could topple during normal winter conditions regardless of the pruning. Planing cost $320.00. Removal cost $560.00. The Dedora-cedar tree is also healthy, but is actually in worse structural condition than the Douglas-fir tree because of a severe double bend in the main trunk. { Under normal winds the tree will have a cork screw like motion and will break off and/or up root As the tree grows larger it will increase the potential for failure. 1 ,k 'f + Jan-14-99 08:56A John Wlton (50 590-3726 (call P_04 01-08-1999 09:52AM FROM HALSTeAD'S ARBORICULTURE TO 96902942 P.04 Tree Assessment 01-09-1999 09:52AM FROM HALSTEAD'S ARBORICULTURE TO 96902942 P.03 Page 2 January 8, 1999 Reference: Tree Assessment Location: 12200 SW 116' Avenue Subject. Tme Care and Preservation Pruning will not help this tree's structural condition. Cost of removal $380.00. Both of these trees are small in size and reasonably easy to remove. As they grow larger cost of removal and/or potential damage to person and property will increase. if l Can be of further assistance and/or if mare technical information is needed please call. Sincerely, Davit! Halstead BS CA ASCA Jan-14-99 08:57A John ilton (50590-3726 (call P.05 01-08-1999 l~0 52AM F HIALSTEADIS ARBORICULTURE TO 96902942 P.04 Tree Assessment j 1 Gattonwoo Cfi, J SW Anton Or SW North Dakota SI 71 T,9~rdOr ~ SW Tigard 5t:' _ t SW Katherina ~ ~ SYti ~yrlrS at SW Ann $t ? E ~ sw 65 SW FonrlerAt Y r SW Alherta_SL j CL- SW enesis Ln. SW ~Inmes.Sf-- - I / ~ SW L SW Park St arion St tia; Yes 200 400 800 Streets98 "rlpnr C. t awl981. Aakroeat cayonmori a ero. es sul D- w ryy>; rvmrvae. Resgr vise) our was wa •t rdtpJlmepe.expad'u.~m. r'aw t TnTiOl P ran Sub 98- V J John D. Fulton 12200 S. W. 116' Ave. Tigard, OR 97223 590-3726 January 23, 1999 Mr. Tim Taylor Riverside Homes 15455 N.W. Greenbrier Parkway, Ste 140 Beaverton, OR 97006 r' Dear Mr. Taylor: All eight trees were removed from our property last Monday, January 18, 1999 by orton tree service. See my attached letter, which was faxed, to Don Morton. They did an excellent job an they were very careful. We did not address the stump located about the center of our rear property line as it is connected to a tree on your property. Perhaps your staff can remove both stumps when they remove that tree. As mentioned to you in my letter of January 17, 1999 we previously decided to contract directly with Morton Tree service and we now make a second request for your check in the amount of $700.00 to be made out to us. Let's clarify your second paragraph in your letter dated January 21, 1999. After asking your President, Bill Waggoner, you and Julia Hajduk, City of Tigard to stop the cutting of the trees, you all ignored my plea for safety and compliance with the Condition of Approval. I then notified Joe of Joe's Tree Service of the safety and legal issue. Neither he nor Rattan construction would comply without direction from you. It is true that I threatened to file suit and that I said, "What do I have to do, get a gun and start shooting to get your attention." Fortunately for us all, I do not own a gun. I believe I have been taking a proactive role in this and you have not responded in a timely way. Now, please send us the check and get your trees removed as they continue to pose a safety risk as confirmed by Julia Hajduk's comments in the Tigard Times, Thursday, January 21, 1999. Hajduk said, "Sometimes leaving a few trees standing in an area that was once a forest is dangerous. In some cases, that opens up the remaining trees to danger of falling from the wind and weather." You have chosen to cut these trees at the very worst time of the year for safety, wind, weather and drainage. Sincerely, VW/777, JD-fic John ulton S n Fulton Julia Hajduk John Fulton 12200 S.W. 116'h Avenue Tigard, OR 97223 590-3726 January 17, 1999 Morton Tree Service Lake Oswego, OR (Via Fax) Dear Don: Please proceed with the proposed work at our home address listed above. Your quotation is under the name of Riverside Homes, Tim Taylor. We the homeowners will be paying you. This is for the removal of eight trees, stumpage and wood. Approximately $860.00 We may wish to save some of the wood and there is one additional stump next to the rear fence line in the center. It is next to the radio tower guy wire so please be very careful in removing it. The guy wires are tensioned to 600 pounds. The play set has been removed and the entire rear fence is down. Please drop the trees onto the rear property. If you can get to it today I will be home to answer any questions. This letter authorizes you to proceed. Sincerely, J Fulton ...vus~ng very am3 wm attend the conference, which costs $25 bag t . Luauer, neaverton Mayor Rob Drake, Tigard to pre-register and $30 at the door. spoke theftwas ere Griffiwttnn at the stood, time in , in was handcuffs, Mayor .,uJim Nicoli, Tigard Police Chief Ron Good- "I want business owners to come, and I want John give i arrested for theft. There , aster and representatives of nonprofit organizations. p Q. Public to come the more ideas the better. the ro her 5-year-old daughter staring at her. After a six-taonth stay at Mountaindale Recovery Mayor Nicoli said he'd like to showcase the suc- men. "That was it," Griffin said. "I knew I had to get Center, Griffin made the transition into real life with cess Tigard has had with Community Partners for Af- robbe out of town or 1 would never get out." the help of Hope Springs, a program that helps fordable Housing and their renovation of Villa La Paz HighN Griffin moved to Oregon, went through detoxifica- women with children get into housing. Now she lives apartments and to talk about Tigard's upcoming Th tion and a six-month rehabilitation program and at Tigard's Villa La Paz apartment complex with her housing code. pointe emerged a changed woman. 7-year-old daughter, Kayla. "I think there is an affordable housing problem in fled fr At 27, she is now working through the Americorps She hopes the affordable housing conference will Tigard, just as there is throughout the region," Nicoli Wt program as an outreach worker at the Tualatin office help people realize that not everybody can afford to said. "But we are doing things to change that, and we su" of Opening Doors, a program that helps unwed preg- pay a third of their income for rent. For low-income have had a great success with Villa La Paz." south) pant women get prenatal services and prepare for people, rent is often half or three-fourths of their in- Tigard's housing code, which will be the first one Th motherhood. come. besides Portland's and Salem's, will likely be foot-5 But Griffin will never forget what it was like to be "I hope that through this conference people will adopted within the next month and enforced by April. seen homeless - alone, desperate and addicted to drugs, get a better idea of what's going on," Griffin said. "I Nicoli hopes the conference will create stronger baseb; • with nowhere to turn. know what it feels like to be (homeless) and it partnerships and raise awareness around affordable Til Griffin, who is very open about her life experien- doesn't feel good." housing issues. the su ces, will speak at the first affordable housing con- Sydney Sherwood hopes the conference will put a - esl ference to be held in Washington County - called spotlight on the need for different factions of every ■ See HOUSING, Page A2 vehicl r. Tree removal stumps neighbors . Riverside Homes Inc. Is building a new 22- without the stand of 200 trees nearby, they will likely lot subdivision near 116th Avenue and Walnut topple. ti Street The developer, Riverside Homes Inc., is reimburs- ing Fulton for much of his costs, but the larger issue TIGARD - John Fulton and his neighbors have en- remains - the 'loss of mature trees in the neigh- joyed a large stand of 200 trees next to their Leron borhood. Heights subdivision on 116th Avenue and Walnut City associate planner Julia Hajduk said many of the Street for many years, neighbors' concerns were addressed. This week developers are removing many of those "Riverside has done everything they were required trees to make way for a 22-lot subdivision. to do," she said. "They held a public hearing and ad- That. angers nearby residents, 18 of whom filed a dressed as many of the neighbors' concerns as they memorandum of concern in December 1997. They could. They are keeping some of the trees, and to make went to the public hearing and aired their concerns. up for the ones they're cutting down, they're planting They wrote to the city. By and large, they feel ignored. more and have agreed to pay for planting some in "I'm sad about losing the trees," said Fulton, who neighboring properties." lives on Southwest 116th Avenue. I also have con- Hajduk said sometimes leaving a few trees standing cerns about drainage, new wind forces this will create in an area that was once a forest is dangerous. and making our neighborhood's trees more vulnerable. "In some cases, that opens up the remaining trees to This is about our quality of life." danger of falling from the wind and weather," she said. On Monday, Fulton had eight older trees in his back Construction on the subdivision on the 4-acre plot is yard re moved because an arborist confirmed that set to begin in FePruary. _ Riverside Homes Incorporated 15455 N.W. Greenbrier Parkway, Suite 140 / Beaverton, Oregon 97006 (503) 645-0986 (503) 690-2942 FAX www.riversidehome.com January 21, 1999 Mr. John D. Fulton 12200 S.W. 116th Avenue Tigard, Oregon 97223 Dear Mr. Fulton, In order for Riverside Homes, Inc. to reimburse you for the removal of the trees on your property we will need assurances that the work is to be performed. This assurance would be in the form of a signed bid by you and Mrs. Fulton authorizing the work to be done. As stated previously, Morton Tree Service has already bid on the project and are waiting for your authorization to proceed. You may contact Don with the company at 636-7902. Also stated previously, Riverside Homes, Inc. will either issue a reimbursement check to you directly or to the company you decide to perform the work. The choice is yours as is the decision when you would like the trees removed. You have expressed your concern to Riverside Homes, Inc. very clearly with the use of gun and lawsuit threats that the trees on your property pose a threat to your 100' radio tower. I suggest you take a proactive role and cut the trees down now to appease your concerns. Riverside Homes, Inc. has committed to reimburse you for the cost of removal in the January 15, 1999 letter. Sincerely, Tim Taylor Land Development Manager RECEIVED PLANNING John D. Fulton 12200 S. W. Ile Avenue JAN 19 1999 Tigard, OR 97223 r 590-3726 CITY OF TIGARD January 16, 1999 Mr. Tim Taylor Riverside Homes 15444 N. W. Greenbrier Pkwy, Suite 140 Beaverton, OR 97006 Dear Mr. Taylor: We have reviewed your letter dated January 15, 1999 offering to send s a check for $700.00 for the needed removal of our trees. Please make the check payable to us and we will pay Morton tree service directly. Upon receipt of your check we will consider the Condition of Approval to be satisfied. We will move immediately on having our trees removed which pose a safety risk and we expect that you will do the same on Walnut Glen lot 16 Under the present winter weather conditions and changed conditions on the Walnut Glen property, all remaining trees pose a safety risk to my radio tower guy wires. This is why I have been so reactionary about this. I apologize to you and your team and to the City of Tigard for my actions. Quite simply - we feel threatened at this time due to the clearing of trees, which occurred, before we could remove our trees. Now, all we can do is to pray that we do not have a problem in the coming week. Thank you for your prompt response in resolving this mess. Sincerely, John !Fulton Sharon D. Fulton c: Dick Bewerdorf, City of Tigard RECEIVED PLANNING WIN Riverside JAN 19 1999 _Homes Incorporated CITY OF TfIGARD 15455 N.W. Greenbrier Parkway, Suite 140 / Beaverton, Oregon 97006 (503) 645-0986 (503) 690-2942 FAX www.riversidehome.com January 15, 1999 Mr. & Mrs. John Fulton 12200 S.W. 116th Avenue Tigard, Oregon 97223 Dear Mr. & Mrs. Fulton, We have reviewed your letter dated January 9, 1999 rejecting our offer to prune the two trees that are the subject of the Hearing Examiner's Condition of Approval No. 4. D. and requesting that we do something more than what is required by the Condition. We understand that you are concerned about the health of the trees in your yard and agree that you should take necessary precautions so that they do not fall and cause damage to your home or any of the homes we are building in Walnut Glen. We would be happy to assist you by providing reimbursement in an amount up to $700.00, which is the cost of the pruning described in our initial written offer dated January 7, 1999. You may even be able to get all eight of the trees on your property removed for this amount. Also, we will clear all the trees from Lot 16 as you have requested. Please let us know as soon as possible if this offer meets with your approval. If so, I will expect instructions from you about the amount of the check, and whether it should be payable to you or to the arborist or landscape professional you have hired directly. Thank you for your prompt attention to this matter. If you have any questions or concerns, do not hesitate to contact me. Sincerely, Tim Taylor Land Development Manager • RIVERSIDE HOMES Fax:5036902942 Jan 12 '99 1404 P.01 _ Riverside Homes Incorporated 15455 N.W. Greenbrier Parkway, Suite 1401 Beaverton, Oregon 97006 (503) 645-09861503) 690.2942 FAX FAX COVER SHEET DATE: 112- TO: JL/ 1j~ ATTENTION. FROM: T rr, . Gt ~ 1Ov NUMBER OF PAGES TO FOLLOW: if all pages indicated are not received„ please call us at: (503) 645-0986. THANK YOU! RIVERSIDE HOMES Fax:5036902942 Jan 12 '99 1404 P.02 John D. Fulton 12200 S. W. Ile Avenue .Tigard, OR 97223 590-3726 75 s--P47/ January 9, 1999 Mr. ninTaylor Riverside Homes 15455 N. W. Greenbriar Pkwy, Suite 140 Beaverton, OR 97005 Dear Mr. Taylor: I received your phone message of Thursday, January 7, 1999, 9:23 a. m. regarding your plans to send an arborist out to our home the very same day. Apparently the arborist came, rang the door bell and no one answered He then proceeded to trespass on the property and surveyed the front and back of our site. My son was home and watched him proceed Unfortunately I was out of the country on business. Upon my return on Saturday, January 09,1999, 1 called your office number 645-0986 and received no answer. By naw I am sure you have reviewed Condition of approval S, paragraph 4.D. regarding the Walnut Glen decision by the City of Tigard The intent of this paragraph was to protect the safety of my radio tower guy wires, which will be very susceptible to trees falling on them after the removal of so marry trees in the Walnut Glen development. All trees on my property will be exposed to new wind forces I am responding promptly to you so that you can get on with your project. It is not my intent to delay your work. We are going to ask you to approach this project differently than described in the Condition of Approval. We ask that you remove all trees on lot 16 of the Walnut Glen development and all trees from the backyard of our lot 21, Leron Heights, 12200 S. W 116`* Ave. This will be total removal of all debris and stumpage for eight (8) trees. This will mitigate the safety risks to my tower caused by your Walnut Glen development and it will enable us to design a new back yard landscape to obscure your development to the greatest degree. We are not asking you to plant any trees or landscape material on our lot. The eight- (8) trees we want removed are noted on the attached drawing: 1. Deodara cedar this tree is an eyesore on the backside, which faces the Walnut Glen development While beautiful on our side and very special to us, it will become exposed to new wind forces and it is located right next to a tower guy wire. RIVERSIDE HOMES Fax:5036902942 Jan 12 '99 1404 P.03 2. Douglas fir - this tall tree is leaning in the direction of the tower guy wire and is a major safety iisk. 3,4,5&6. Apple trees - these four trees will be adversely impacted by the removal of the large fir as limbs and stumpage are removed, 7. Cedar - this tree will be exposed to significant new wind forces and could do damage to our deck and home if it were to fall. 8. Cedar - this tree will be exposed to significant new wind forces and it is infringing on the fence line with the adjacent lot. Eventually it will pose a threat to the safety of the tower guy wires. We are not concerned about damage to our rear fence line in this process. You may remove any or all of it as needed for access. If you need the play-set moved we can do this with a bit of notice. We do expect you to remove all branches, tree wood and stumpage. If this proposal is acceptable to you, please begin work at any time. The unfortunate alternative is to simply top and trim some trees which will leave Riverside Homes and the City of Tigard with an contingent liability should any of the tress fall onto the tower guy and bring down the 100 foot, 1, 000 pound steel tower. It would likely recoil to the west and slam upon Lot 16 in the Walnut Glen development if the rear guy broke. We hope you find our proposal acceptable. Sincerely, .1ohr: D. Fulton Sharon D. Fulton RIVERSIDE HOMES Fax :5036902942 Jan 12 '99 1405 P.04 16, (t v i F1 r/~' I . 'lam'/~J:I~~~ ~ j .{r.f ` Y! ~'-J \ /i'i toT {•f• J rr~T~• RIVERSIDE HOMES Fax:5036902942 Jan 10 '99 1540 P.01 Riverside Homes Incorporated 15455 N.W. Greenbrier Parkway, S ite 140 / Beaverton, Oregon 97006 (503) 645.0986 (503) 690-2942 FAX .EAX COVER SHEET DATE: I ~I D ~9 °J' 0 7- TO: L ATTENTION: j 4 !i i FROM: IM °l `Or NUMBER OF PAGES TO FOLLOW: 2 SPECIAL INSTRUCTIONS: 4i7G ose `S he o iS f S reparf for✓ /rl,, a ~s freGS ve /l~ ~h r D 1SC u.SS e LG n r 17 eel cq T`I e cry - 401 f" C 1 C o c~i r~ are, d? -Ap er f Q~p v rl The- .s rih S ` K'5 N w s U P-0, ? S S /0 hB G' ~Ye e S er vo to D/I..l w~ f De ; A o f f~ e5 Dr a - he or ba /,t> J40 new e.l; eve be- reco'sonoh /e fo ee5 r s font Fyl'~Or's o er~ f• fir P L w911 11 /nonda y j 0 W/ y If all pages indicated are not received, please call us at: (503) 645-0986. HANK YOU! RIVERSIDE HOMES Fax :5036902942 Jan 10 '99 1541 P.02 •%902942 • 01-08-1999 08.5VAm FROM W STEAD'S AR80RICULn1;& TO HALSTEAD'S ARBORICULTURE SDeararigts atoecare aid prssQrvoriDn of trees" CONSULTANTS Oawd 640141040. consultant 0.S P,0 Box t 182. Tualatin. On 97062 Pnoae- (603124 5- 1 3GI January 8, 1999 A7TN.: Mr. Trm Taylor Rivetslde Homes, Inc, 15d55 NW GrenbnerParkway * Suites 140 Beaverton, ' OR 97006 Reference: Tres Assessment Locabon: 12200 SW 17e Avenue Subject Tree Care and Preservation I have inspected the trees located on the essr side of the resfdenoe located at 12200 SW 116' Avenue for the purpose of determining the pruning needs for the development of the trees future structure. There are fwo major trees, one (1), a Douglas-fir tree located on the south east side of the back yawl, and two (2), a Dedors-cedar tree lotafed in the mid east pelt of the back yard The Douglas-fir tree although healthy has a codominant trunk ago several surface roots, two of wh;ch ate J Roots° These are large surface mots that will sverttuady cause the bee to up root Furteher, the tree has a unnatural lean towards the south West Pruning wf11 help to lessen wind throw, but the tree could topple during normal winter concNons regardless of the pruning. Prunity oust $320, 00. Removal oost $380.00_ The Dedora-cedar Ime is also healthy, but is actually in worse structural condiVon than the Douglas-fir bve because of a severe double bend in the mail? trunk Under normal winds the tree will have a cork screw like mofion and will break off anWor up root As the tree grows larger it will increase the potendal for failure. L ~f RIVERSIDE HOMES Fax:5036902942 Jan 10 ' 99 15:42 P.03 01-09^1999 08:52AM F LSTEPD''S aR80RICULTIIRE TO 96` 7Y1c r.v.r i Page 2 January s, 1999 Reference: Tree Assessment Location: 12200 SW 716 ' Avenue Subject Tree Care and Preservation Pruning wi71 not help this tree's structural condition_ Cost ofr+emovei $360 00. Both of these trees are small in sire and reasonably easy to remove. As they grow larger cost of removal and/or potential damage to person and pmpetty YA increase, tf 1 cart be of further assistance and/or if more technical information, is needed please CO Sincemiy, David Halstead SS CA ASCA RIVERSIDE HOMES Fax :5036902942 Jan 10 '99 15:4422 P.0404 .___.._...__~~ICU1...TtIR~ T4. 01-08-1996 09s 2~'t FRm WsTEAD' S Tree Assessn Orlt SW AMon or - - ~ time st _ . sw Ntx~ oa SIT- r T ✓ mt p w - 5 {(e~erine St ~ SW lYnn St y SW AnnSt_- } rv J{ N ~ _~~e~-fit CL SW e« $W Park $I- _ Walt- ~y ew 2M e des ~treets98 e,w"c AMA*?. hlbwa c-mmw- arow in w0~ H ~10~ ~°°°n°°. Rem vied ou ~ au it w4d/ TOTAL P.Da Sent by: MCKEEVER/MORRIS EPSTEIN OULKEN 503 228 7365; 07/08/9 11:21AM;1@tFaz /#450; Page 1/1 i ~ LARRY EPSTEIN9 PC ATTORNEYS AT LAW 209 SW Oak Street. Suite 200 Portland, Oregon 97204-2729 (503) 223-4855 - FAX (503) 228-7365 FAX TRANSMITTAL !COVER SHEET DATE: July 8, 1998 TO. Julia Hajduk, Tigard @ (503) 684-7297 REGARDING: Walnut Glen PAGES: I (including cover) MESSAGE: The Final Order regarding Walnut Glen Subdivision (SUB 98-OWlNA.R 98-0002) amended condition of approval 5.D. This should have been condition 4.D. Section V of the decision should read as follows: V. D TSTON Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby approves SUB 98-OWINAR 98-0002 (Walnut Glen) subject to the conditions of approval in the Staff Report with the following changes: A. Condition of approval 4 is hereby amended to read as follows: 4.D. Prior to clearing on the site, the applicant shall submit to Mr. Fulton a written offer to prune the trees on his property by an arborist or similar landscape professional to reduce their potential exposure to high winds. The written offer shall summarize the proposed pruning, i.e. when the trees will be pruned and the scope of pruning proposed. The offer shall provide Mr. Fulton a reasonable opportunity (no more than 30 days) to accept or reject the offer in writing. Mr. Fulton's failure to respond within the designated time frame will be construed as a rejection of the offer. Mr. Fulton may accept the offer subject to reasonable restrictions an when the work may be performed and subject to a requirement that the applicant hold the owner of the property harmless for any damage resulting directly from the pruning activities.... Sorry about the error. Thank you for amending it. Telephone (503) 223-855 if tbere is a problem with h'anSmission Ibis carnmtmication contains atorney-privileged and confidential information intended only for the use the recipient identified above. If the person receiving this rru*sagt: is not the identfied recipient or an agent of the identified recipient, plewe notify me by telephone immediately and mum the original message to Otte by trail at the address in the letterhead above. Mseminadon, distribution or copying of this communication is strict] Prohibited ex i b the identified recipient or b his or ber a ent. Thank you, • • -OlJO / SETTING THE STANDARD FOR SERVICE EXCELLENCE Facsimile To: ..la. Tv,, e v Company:. i wx oFwF, 6 Phone: a3_ S Fax: Z28- 73r~5 From: Sul, g ,dulc Company: City of Tigard Phone: (503) 639-4171 Fax: (503) 684-7297 Date: 4,;LS _ Pages including this page: Z COMMENTS: / r; v/G liry S W/~ + UL S /•s b~ L D * / 11 4 100, City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 PLEASE DELIVER THIS FAX IMMEDIATELY S Number Minimum Number Dwelling of Driveways Minimum Minimum Pavement Unit/Lots e uired Access Width Width 1 or 2 1 15' 10' 3-6 1 25' 20' TMC Chapter 18.108.070 A. - Figure 19. Vehicular Access/Egress Minimum Requirements: Residential Use Reformatted 1994 O City of Tigard 0 Community Development Shaping A Better MEMORANDUM Community CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503) 639-4171 Fax 684-7297 TO: Larry Epstein, City of Tigard Hearings Officer FROM: Julia Hajduk, Associate Planner DATE: June 23, 1998 SUBJECT: Walnut Glen Subdivision Enclosed are materials submitted to the file on Walnut Glen Subdivision while the record was open to citizen input (June 9, - June 15). Only two items were received: a letter from Claudia Cloud and letter from Ken Sandblast, representing the applicant. No materials were received during the 7 day applicant rebuttal period, ending June 22, 1998. Staff has provided a response to the input provided by the applicant which is included in this packet at well qn§:~%ITY OF TIGARD OREGON 13125 SW Hall Boulevard 0 Tigard, Oregon 97223 (503) 639-4171 Fax 684-7297 TO: Larry Epstein, City of Tigard Hearings Officer FROM: Julia Hajduk, Associate Planner DATE: June 23, 1998 SUBJECT: Response to applicant letter for Walnut Glen Subdivision As you may recall, in the hearing staff mentioned that there had been precedent set for interpreting that the 25 foot frontage for subdivisions must go all the way along the access drives for panhandle lots. Staff mentioned that one such case had recently been before the Hearings Officer. The subdivision was Brie Woods. The applicant states that the issues between the Brie Woods subdivision and the Walnut Glen Subdivision are not comparable because the discussion was over the width of the access drive back to the subdivision, not the lot frontage. Staff disagrees with this. While the main issue of the hearing was not regarding the 25 foot frontage, within the body of the decision (page 15 of the Staff Report to the Hearings Officer) it clearly states that the entire length of the flag pole must be a minimum of 25 feet. Furthermore, this was the precedent for the frontage requirement before and after the Brie Woods Subdivision decision. RECEIVE[ JUN 15 1999 O IMENT June 15, 1998 COp9MUNITY DEVELOP City of Tigard Julia Haj duk Regarding WALNUT GLEN SUBDIVISION; I'd like trees planted along my property line to compensate for the loss of privacy due to the proposed removal of trees on the WALNUT GLEN PROJECT. Z believe Riverside Homes has offered to do this. If possible, I'd lixe spruce or cedar trees planted eight to ten feet apart along the line dividing my property from the subdivision. The proposed private road stubbed to my property line with utilities should be adequate for future development needs. Mr. Sandblast indicated that upkeep of this private road would be included in the WALNUT GLEN SUBDIVISION Homeowner's Association Plan. Claudia Cloud 11285 5• W. Walnut St. Tigard, uregon 97223 N • • A, COMPASS CORPORATION 6l~, ENGINEERING - SURVEYING - PLANNING H/ E 6564 S.E. Lake Road (503)653-9093 S Wlwaukie, Oregon 97222 FAX (503)653-9095 TO: CITY OF TIGARD DATE. JUNE 15, 1998 ATTN: Ms. Julia Hajduk JOB NO./PROJECT NAME: 4072 - Riverside Homes ENCLOSED ARE: COPIES DESCRIPTION 1 Additional information involving File No. SUB 98-0001 THESE ARE TRANSMITTED: OFOR YOUR APPROVAL OAS REQUESTED OR YOUR USE OOTHER REMARKS: COPIES TO: COMPASS CORPORATION Riverside Homes BY: KEN SANDBLAST • N 4 COMPASS CORPORATION W 0 E ENGINEERING - - SURVEYING - PLANNING S 6564 S.E. LAKE ROAD (503) 653-9093 MILWAUKIE, OREGON 97222 FAX (503) 653-9095 June 15, 1998 Ms. Julia Powell Hajduk City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: File No. SUB 98-0001 - Walnut Glen Subdivision Application Dear Ms. Hajduk: The enclosed materials are submitted in response to the hearings officer's request for further written information at the June 8, 1998 public hearing involving the tree mitigation plan and future street plan on the adjacent parcel to the east of the subject site As per our March 20, 1998 correspondence, the tree mitigation plan proposed by Riverside Homes involves: (i) oversizing the required 2" caliper street trees to 3" inch caliper trees, (ii) planting a minimum of two trees on each proposed lot, (iii) offering to plant 2" caliper trees on parcels adjacent to the subject site, (iv) offering to have professional tree maintenance performed on existing trees on parcels adjacent to the subject site, and (v) mitigation fee payment to the City of Tigard. Riverside Homes is prepared to provide the items included in this tree mitigation plan as per the applicable provisions of Section 18.150. Enclosed with this letter is a copy of the 8.5" x 11" revised preliminary plat I submitted during the June 8, 1998 public hearing. The enclosed copy further clarifies a future potential development scenario for the adjacent parcel to the east (namely, "Cloud Property") based upon topographical breaks, the location of Summer Creek and associated wetlands, the location of existing residences on the Cloud Property and adjoining parcels, and Ms. Cloud's expressed desire for limited future development on her property. Also enclosed is a copy of the 8.5" x 14" map I submitted at the public hearing illustrating the subject site and surrounding area to the east including topography and existing house locations. Based upon this information, the private tract proposed by Riverside Homes to serve the Cloud Property is the most appropriate street access to provide while still allowing viable future development to occur. In addition, Riverside Homes is prepared to work with Ms. Cloud to plant trees along their common property line. Ms. Julia Powell Hajduk June 15, 1998 Page 2 Thank you for providing me with a copy of the Brie Woods Subdivision Staff Report and Hearings Officer Final Order, specifically City of Tigard File No. SUB 97-0009. A copy of both of these items are enclosed with this letter for ease of reference. As stated at the public hearing, city staff believes this case provides precedence to the issue involving accessway width regarding individual lot driveways and minimum frontage width requirements. After reviewing the provided materials and speaking with the applicant's representative in the Brie Woods application, I do not believe the issues are similar enough to warrant comparison or citation as precedent. The main issue in Brie Woods was whether or not a five foot variance to the required 25 foot private drive width standard to serve the five proposed lots was warranted. At issue in our application is a lot's 25 foot minimum street frontage width and individual lot accessway width requirements. To reiterate my testimony at the June 8, 1998 public hearing, Lots 4, 8 and 13 satisfy: (i) Section 18.164.060(B), by having 25 feet of frontage on a public or private street and (ii) Section 18.108.070(A) by providing the minimum 15 feet wide driveway with 10 feet of pavement. These two code provisions combined with their overall size and dimensions support the fact that Lots 4, 8, and 13 satisfy the R4.5 zone's dimensional requirements. In addition, the fifteen foot driveway area for each of these three lots is excluded from the calculated lot area for each lot. If you have any questions, please contact our office. Sincerely, G "",V ~ Kenneth L. Sandblast Enclosures cc: Riverside Homes KLS:n:\plan\4072Uecoraopeniv.aoc r I 14 X1 701 r PdL ISO 20.\55 i \ WAA A 1 13 MA sr. S t 1 I i c 9 i \ ~ ` , e~ii i 31E.3DO:rrL;LAC£ PLAN 7r SCdLE: 1 120'. , I { 44 x i ? M ~a ` 8- l 7 ` OWJV p. CLOUD 2 I t 1,ri W y ,~\76GT'Sf.--~ 15 •7.3/TSf. • i?A 17 1> pi i ' fir { to j :.a } : I 19 ! '1 ~ ° s.9oo sue`- ~ , 75W SK ! 111 ~'%'•zr~'. ~ ~.l^ 7707SFI 4T3TSF $ i i 411 ! y f tS 7, 4 2 7-W SF 21 -j i # 751J SF `7-w sp. a o i ! 7.646 22 f .Z 4J47 SA A f4M if y• _ ; RIVERSIDE HOMES 4 15455 NW GREENBRIAR PKWY, SUITE 146 BEAVERTON, OREGON 97006 3.5`.~ ; ' PRELIMINARY PLAT TEL 645-0986 m.s COMPASS CORPORATION WALNUT GLEN SUBDIVISION ENGINEERING * SURVEYING * PLANNING TiGARD, OREGON !I E 6564 S.E. LAKE ROAD r51331 633-8093 PHONE MILWAUKIE. OREGON 97222 653-9095 FAX S C:\4072\4072EXH1. 02/25/98 AT 15:19 - ~ C(IPY CITY OF TIGARD Community (Development S&T ng.A &1W Communim CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER a BY THE HEARINGS OFFICER Case Number(s): SUB 97-0009 / CUP 97-0007 / VAR 97-0019 / VAR 97-0021 Case Name (s): BRIE WOODS SUBDMSION Name of Owner. T.P.B. Properties. Howard Quandt Name of Applicant: Matt hew Sprague. Waker Associates. Inc. Address of Applicant: 11080 SW Allen 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 Re ESL 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, 18.52 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 establis~- standard urban low density residential sites. The R-3.5 zone allows, among other uses, single-famii, residential units, public support facilities, residential treatment homes, farming, manufactured home`. family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. Action: ❑ Approval as requested 19 Approval with conditions 9 CUP Denial Motive: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance IN Affected governmental agencies © Affected Citizen Involvement Team Facilitator 19 Applicant and owner(s) Real Decision: F THE.DECISIO'N SM.BiFINAL ON. MARCH.1t 1998 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. Animal: 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 3.30 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 97-0019/VAR 97-0021 BRIE WOODS SUBDIVISION NOTICE OF HEARING'S OFFICER FINAL ORDER BEFORE THE LAND U SE 1MARLNGS 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) L S ARY A- This final order concerns an application to divide 1.52 acres into 51ots. Allof 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 Stet and View Terrace and west of SW 103rd Avenue. The buildable area of the site is simated roughly 265 feet west of 103rd Avenue. A 20-foot wide strip of land connects the buildable area of the sire to 103rd Avenue. B. The applicant will extend public sewer and water service to cash lot. The applicant will dedicate right of way for 103rd Avenue along the 7 -fum 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 succts from being more than 440 feet long, and requires access to three or more dwcllines to be in a tract at least 25 fret wide. The applicant requesrs 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 dcvClvp 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 s=cimres and/or a wider unencumbered roadway. A valley gutter or inlets in the private drive could collect surface water without inducing 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 ate, 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 wall-, 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. Rearinss Officer Final Order SUB 97-00091CUP 97-0007NAR 97-0019/21 (Brie Woodr) 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 rue permit, and approves the variances substantially as proposed, subject to the conditions recommended by City staff with certain modifications described more herein. H. HEARING ANT) RECORD A. 'heard 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 sammarized the proposal and existing conditions on and around the site. He explained why the future strut partzar 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 retainino walls so that guard rails are not necessary and to avoid the need for curbs. He introduce-d into the record a letter from Charlie Bernards and a facsimile from Larry Kollay. 2. Matt Sprague appeared as the eve 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 sauct=. 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 nansition. 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 structu s 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 nerd 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 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 trar-L 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 Offiur FLud Order SUB 97-00091CUP 97-=7/VAR 97-0019!11 (Brie Woods) Ra& 6. Douglas Johnson appeared on his own behalf. He owns land south of Ms. Heise. He also raised concetss ahnut the narrow width of the proposed private driveway tract compared to experience developing his property. Fle 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. Ile 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 ncc developable portion of the site. Be 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, lift. Reeves testified the bright of the wall is only 3 feet adjoining the roadway, but aclmowledged 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 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 aclmowledged the applicant will not be able to collect all surface water from impervious surfaces on Lot 1. s 9. Also in rebuttal, Mr. Sprague icstifined 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. Be 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 we& for final argument. The hearings officer closed the public record at the conclusion of the hearing. M- 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 rasa-west across the site. Based on the testimony by Mrrs. Johnson and Bey-Wards, 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, "[gliven 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 97-00091CUP 97-"7NAR 97.(X119/21 (Br;e Wnn6) Page 3 adjoining land." (Staff report, p. 1,) 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 fume 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 aclmowlcdges that movement of multiple emergency vehicles on the private driveway could be problematic, CDC 18.108.070-C only requires a hammerhead turnaround with a minimum depth of 40 feet The proposed driveway complies with this standard. The rum-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 dista= 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. Th= is a dispute about whether the proposed cul-de-sac will be a full 20 feet wide as required by CDC 18.108.070.?.. 1. The hearings office. notes that condition of approval 9 clearly requires the unproved portion of the private driveway to be at least M 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 hearines officer also is satisfied by Mr. Reeves' expen 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 `utter 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 Heannp UjficerFinal Order SUB Y7-"x&1CUP 97-00071VAR 97-0019111 (Brie Woods) Page 4 be verified by c wmination of final engincerzd plans submitted by the applicant pursuant to cunditions of approval, including condition 9. 4. Mr. Bernards and Ms. Heise raised concerns about the ultimate design of the access drive. Mr. Bermards requested an opportunity to review the final plugs 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 mcaningful opportunity to participate when substandal 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: alsu 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 licly the applicant will have to redesign the access drive to fulfill condition of approval 9, (ie., to have a full 20-foot paved width without curbs or guard rams 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 iceues 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 finds the owners of the two properties abutting the access Strip (properties now owned by Mr. Berrtards and Ms. Hcisc) 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 funds 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 opporumiry should not um=wnably 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 sttuamd 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 acres strip regarding the final design of the access drive to reduce the need for further City-mana;cd 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 ace: <c drive accepting the design for the access strip improvements proposed by the applicant, or accepting that design subject to certain changers or reservations, that will protect that owner's interests in this issue, and no funkier 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 Pnnal Order SUB 97-00091CUP 97-0007NAR 97-0019.Q1 (Brit 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. 'I he 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 daze 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 Encft~n= should consider written comments timely received by the City by or on behalf of the owners of the properties abutting the =ess strip before deciding whether to approve the final design. F. There is a dispute about the density of the proposed development. Several wimesses 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 office 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 18.130.044. 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 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 CLIP application just refers to the lot wherry 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-3S 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 fnr the proposed duplex. Moreover the hearings officer finds as follows: Hearings OffieerFbwl Order SUB 97."PICU➢ 97-00071VAR 97.0019421 (Brie woodi) Pule 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 de=yed. The applicant's plan shows two trees will he removed and a retaining wail wdl 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 dwellinL. 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 waxer from all of Lot 1, bccau-ere 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 dweing 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 neatest public str=t and wM be accessed from a substandard-width acces=s strip. Although the paved portion of the access drive complies with minimum CDC and LTFC 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 fearures can or will he 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 i=ncre=asing 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, bated on the tTE 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, becau=se twin 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 Off sur Final Order SUB 97-00091CUP 97-0007NAR 97-0019n1 (Brie Woods) pie; L 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 I 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 -ranted to standards that otherwise apply. To the extent the findings in the Staff Report arc to the contrary, the hearings officer does not adopt them. N. CONCLUSION A. The hearings office: 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 97-00091VAR 974X119/2I (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 follower: 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 d6es 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 prnpertiec) 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 97-00091CUP 97-00071VAR 97-WI9121 (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 tt ceived 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. Eps ' AICP City of Tigard Hearings Officer r Hearin:s CW'wzr Find Order SUB 97-00091CUP 97.0007NAR 97-0019!`1 (Brit Woods) Page 9 Agenda Item: 2.1 Hearing Date: AMpruary 9 1998 Time: 7:00 PM ~STAFREPORTSTOlE Oft ' • ^ c~r~r OF nGaRC - - ~~-rc,~,~.~'. ~",x"~': ~ -•'rs:.'°'~" _ A,_,_ , c~",.--.rte - • _ :~'~.er.: r .rte ~,;•b,-a+•~vsaR:srae++::ta~►.ez~+r-x.its~ .-±r•s: ?ai-- ?s»:~,._s j~+~ - 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 2S111BB, 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 11. STAFF RECOMMENDATION l~7y r"' • ;i..'N t+. ...sr:a:v Sc- :G+t'.Yr!`.,.- .•d~ 'c :.~-i`^.::. ;,R• Si o . e ds ! at:. i ,,la n Co missio tkiat~ a=p oposediSUbdi%A ion^ Ha lr ot, ,1 r! M1' ad"ve"r's`b e s e" dire arero - eCr~r, erefb staifeco . ends.;. -APP . O u eERRthe: o owingjrecommen ed:.conditions.o m valM i'M,.i- ; STAFF REPORT TO THE HEARINGS OFFICER 219M PUBLIC HEARING SUB 97-0009/CUP 97-=NAR 97-0019NAR 97-0021 - BRIE WOODS SUBONISION PAGE 1 OF 22 CONDITIONS OF APPROV I! 11M = - O D O A ; 13 -SA SF~E RIO . TO RECORQIN 111 FI y G~Ta Wpm: -'x (Unless:otherinirse8 11 ed itt16, contact or atl:conditions i"s: X -:~w•~..--ms'- - ..as ns►x~~s. ~s..,;.: a:•., ~r w;rs's:_::'. Brun Ra egevwith:the Engin eering ent:at 503=639=4171:)`- 5: 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 2/9198 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019/VAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 2 OF 22 9. The applicant shall redesign the private street to incorporate a valley gutter drainage system to elimic the need for curbs at the outer ews and maintain a minimum 204oot paved HnDl~r. 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 western 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 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. STAFF REPORT TO THE HEARINGS OFFICER 219198 PUBLIC HEARING SUB 97-0009ICUP 97-=/VAR 97-0019NAR 97-0021 - BRIE WOODS SUBDMSION PAGE 3 OF 22 20. The face oft mat plat shall contain a note th dicates the ownership and maintenance ronsibil'ity for the private water qualit ond. 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 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 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. ~ :P.RtOF :TO THE'1SSUANC OF A=BUiLD1NG~PERMR THE:t=OLLOWING ' ' !Jae yCO D ONS &QS§ ED- eroer Mr.. Mg, staw ar a~t+fietBrtain Ra er s .9 Mn ram"e,4.r~ Cry . M STAFF REPORT TO THE HEARINGS OFFICER 2099 PUBLIC HEARING SUB 9740091CUP 97.OWMAR 97-001 SNAR 97-0021 . BRIE WOODS SuBDNISION PAGE 4 OF 22 40, rnor to ,ssuance of :wilding permits, the applicant shall provide the Eng; Dement with a recorded mylar copy o e subdivision plat. O 29. Prior to issuance of any building permits within the subdivision, the improvements shall be deemed substantially complete by the City Eng Substantial completion shall be when: A. all utilities are installed and inspected for compliance, including frc 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; a D. all street lights are installed and ready to be energized. 30. Prior to issuance of building permits, the applicant shall construct the recomr. tree protection measures prior to commencement of construction. aND~IB B AISFl.. ' co rMMSM it ~arR=11' rea- DID 31: All site improvements installed as per the approved plans. 1 . • c s s: 18.160.170 improvement Agreement: Before City approval is certified on the final plat, and before approved construction pig. issued by the City, the Subdivider shall: 1. execute and file an agreement with the City Engineer specifying the period which all required improvements and repairs shall be completed; and 2. include in the agreement provisions that if such work is not completed with: period specked, the City may complete the work and recover the full cos expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to b, and may also provide for the construction of the improvements in stages, and fc 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 agreemE assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to trc business in the State of Oregon; STAFF REPORT TO THE HEARINGS OFFICER 2098 PUBUC SUB 97-00091CUP 97-0007NAR 97-00191VAR 97-0021 • BRIE WOODS SUBDIVISION PAGE 2. A surety bond cuted by a surety company authori d to transact business in the State of Oregon which remains in force until the suretompany is notified by the City in writing that it may be terminated; or 3. Cash. 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 (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 PTs). 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 219198 PUBLIC HEARING SUB 97-00091CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 6 OF 22 18164 Street & Utility Improvement Standards: 18.164.120 Utilities * 0 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: Prerequisfte/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 noted in advance. 1 If work is discontinued for any reason, it shall not be resumed until the City is notified.y 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. G 1 =..15 RO SH' .W64 HS ~,Y :.1-?.~ Y, -~a]a. ,aL:..~.+o.3inlY+.a:e~a4` 1"r4~' s"~ _'Cj'.^~'•~~.-~~~=:x,.. G'.a]1/.DATE.0 ;TNISDECIO In a:..-~.t::.:,l ,a..... ...L.+.4...i:•a.. c,,.~.iwo..r:µ.:_.r_. _ ..,:_.•iC-. SECTION M. 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 ZSM PUBLIC HEARING SUB 97.OODSICUP 97-=7NAR 97-0019NAR 97-=1 . BRIE WOODS SUBOMSION PAGE 7 OF 22 Site Information and P osal 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 2MM PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDNtSION PAGE 8 OF 22 %WL"J i Ir Tees cover 32% of the impact on mayor sireet impro% citywide, a fee that would cover 100% of th"rojects traffic impact is $27,968 divided 1032). The difference between the TTF paid and the full impact, is consid; unmitigated impact. Since the TIF paid is $8,950, the unmitigated impact can be vE $19,018. Given these estimates ($280 dedication), the conditions are more than proportional to the impacts. Dimensional Requirements: Section 18.48 states that the minimum lot area fc single-family lot in the R-3.5 zoning district is 10,000 square feet and the minim width requirement is 65 feet. The average minimum lot width for duplexes shall less than 90 feet. The proposed lots range between 10,018 and 12,154 square excess of the minimum 10,000 square foot minimum lot size. As indicated on the sit: all five (5) proposed lots exceed the 65-foot minimum lot width requirement. The pro duplex lot (lot 1) has provided a 90-foot minimum lot width. Therefore, the propose comply with the dimensional requirements of the R-3.5 zone. Development Standards: Section 18.48.050 contains standards for the R-3.5 r Single-family detached residential units are a permitted use in the zone, and 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 Comer sideyard setback 20 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks will * be reviewed during the building permit review proce: However, as indicated on the site plan, these lots can accommodate the required setbacr Conditional Use - Duplex: Section 18.130.040 contains the following-general appre criteria for a Conditional Use: The site size and dimensions provide adequate area for the needs of the propo, use. The proposed lot meets the minimum dimensional requirements of the R-3.5 z and, therefore, the size and area can accommodate the proposed duplex. The characteristics of the site are suitable for the proposed use considering s shape, location, topography, and natural features. The characteristics of the site suitable for the proposed duplex because the proposed lot itself satisfies the minirr standards necessary to create the proposed lot, as reviewed through this subdivi, application process. All required public facilities have adequate capacity to serve the proposal. All requ public facilities are available, or shall be conditioned to be available, to the site and r capacity to serve the site. The applicable requirements of the zoning district are met except as modified by chapter. The applicable provisions of the R-3.5 zone are fulfilled as noted, previously. STAFF REPORT TO THE HEARINGS OFFICER VMB PUBLIC HE SUB 97.0009/CUP 97.OOVNAR 97-00190VAR 97-0021 . BRIE WOODS SUS MSION PAGE 9 --The supplementary Muirements set forth in Chapter 114 (Signs) and Section 18.120.180 (Approvantandards) Site Development Re, 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-3.51 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 21998 PUBLIC HEARING SUB 97-00091CUP 97-0007NAR 97-00191VAR 97-0021- BRIE WOODS SUBDMSION PAGE 10 OF 22 Densi : Section 18.92.020 contains standards for determining -the permitted project density. The number allowable dwelling units is base on the net development area. The net area is a 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) lots 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(5) 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 applicants 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 comers 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 304oot 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 ?19198 PUBLIC HEARING SUB 97-OWWCUP 97.0=NAR 97-0019/VAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 11 OF 22 located in this area, vided all branches below eight are removed. A revised plan shall be submitte at more clear) demonstrates that is 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 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 204oot width is adequate to provide the minimum 204oot 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 18.150.045.13 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 21998 PUBLIC HEARING SUB 97-0009(CUP 97-0007NAR 97.00191VAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 12 OF 22 approval of any development permit impacted by this section to the effect that such tree(s) may be removed only *e tree dies or is hazardous accordi0o 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 s 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 219/98 PUBUC HEARING SUB 97.0009/CUP 97.0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBOMSION PAGE 13 OF 22 that where it is nece&ry to give access or permit a factory future division of adjoining land, stree shall be extended to the boun ary 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 pattern 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(i) 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 fora bonded maintenance agreement or a homeowner's association for future maintenance of the street. STAFF REPORT TO THE HEARINGS OFFICER 2/9198 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 14 OF 22 41UJ1.1i s. ~7GGit • ti i a.j tb4.u4u(A) states that the length, width and shape of blocks shall be designed w' due regard to providing adequ building sites for the use contemplated, consUation of needs-for convenient acMss, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.164.040(8)(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(6)(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(6) 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, riot the 20 feet as j 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 2/9199 PUBLIC HEARING SUB 970009/CUP 97-=NAR 97-00191VAR 97-0021 -BRIE WOODS SUBDNISION PAGE 15 OF 22 There are special cir mstances or conditions affecti b n he. property which are unusual and peculiar the land as compared to other s 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 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 Un form 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 4004oot 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&m PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 . BRIE WOODS SUBDIVISION PAGE 16 OF 22 spectat circumstance is the site's irregular shape. The "flag pole" portion of the flag lot is only 20-feet-wide, therefor is not possible to provide the reg4M 25-foot access width. The applicant's narrative st s that neighbors have been approa ed 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 concerned 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 concern 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 MM PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019/VAR 97-0021 . BRIE WOODS SUBDIVISION PAGE 17 OF 22 PUBLIC FACILITY Cr"ERNS: 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 classed 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. TNIC 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. 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 STAFF REPORT TO THE HEARINGS OFFICER M98 PUBLIC HEARING SUB 97-00091CUP 97-0007NAR 97-00191VAR 97-0021 - BRIE WOODS SUBDNISION PAGE 18 OF 22 aNpucant cowo use a vauey gutter design, wriere the pavement w juici slope iowara ine middle of the roadw where catch basins could pick the storm water runoff. Therefore, Staff recornds the applicant redesign the Fate 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 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. 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 219198 PUBLIC HEARING SUB 97-00091CUP 97-0007NAR 97-0019NAR 97-0021 . BRIE WOODS SUBDIVISION PAGE 19 OF 22 STORM DRAINAGE: _ The topography of thine slopes to the north. The applicae 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 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. 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 2MM PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 20 OF 22 q,, 1 vl iJIGU1 1ul %,Iry review anu approval prior io issuance or Uny permits. • 40 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 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 i 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!9198 PUBLIC HEARING SUB 97-0009/CUP 97-0007NAR 97-0019/VAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 21 OF 22 The City of Tigard M tenance Services Division has h the opportunity to review this application and M offered no comments or objects. 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. SUBDtV(810IAP.PROYALSHALL;'BE6VAUD=O~It` E~F.1NAt.=~ ' P_V41S;S a•_.UBM1•.'TTED~yTO°' THCRG:OF^t1GARD~WFF.iil[\I:IGI{TEEN~•==K^= zv e".CQ-'~+ ■ r:...Y.~:. ii-r✓s. . +..~.r..a. --•,~I•'dww.'''f.'- - `n/-.~i5~'A7iibT.~ILs iZr.iiL'RirR' .~MO.NTHS OF;THE:EFFE.CTNE DATE~OE TH S=DECISION: January 30, 1998 PREPARED BY: William D'Andrea DATE Associate anner/AICP C'JL-~ January 30, 1998 APPROVED BY: Richard ersdorff DATE Planning Manager i Acurpln\wilRsub97-09.dec STAFF REPORT TO THE HEARINGS OFFICER 2/9198 PUBLIC HEARING SUB 97-00091CUP 97-0007NAR 97-0019NAR 97-0021 - BRIE WOODS SUBDIVISION PAGE 22 OF 22 % % 1~ 1, ~ ~ \ t t` ,t` qtr ,1` , ~ iw* NZ I 6 1 11 ~ ~ ; 1 1 ~ ~ :h ~~ja ' 1~•r J~ '1 ; ~ 1 , 1 1 1 1 y I ` ` to \ 1 1 , \ \ ` \ `t `I % C/i 1. V, I Mr li 1 \ t I I►ey,i,r.llo tl 1~ d~t , cty -0 Iowa t' I i 1~w 1 i'{ 11 1 pl ; ` a 1 `~,+I Mai ail I N fix t , I l l r t 1 ~ 1 l~ 1 I t, 1 \ 1 1 1~' 1 1 1 1 1 ~ I J 1 1 ; 1 , 1 1 1 / ,,t 1 l ;t , 1 1 " I 1 + 1 1 1 t l~ 1 1 I 1 1 j 1 j l 1 ~ 1 1 1 1 + ~ I I' 1 f ,i`~ , i 11 `I 1 1~ ► ~ 11 I ~ 1 ~ , ; I ~ ~ 1 l i ' 1' ' 1 1 ' ;11 1; 1 tl \I I ~ ; ~ ~ ~ i I `I 1 t• 1 1 1 a t1 ,I t%%%% ; \'0 1 I I 4 -4 t't 1\ 1 I \ b b 0 1 I ••1 t't 1 tl` \ 1 ~ O O I~ I I 1 ` 1 • ,1 I ` \ \ \ `I ,t \ \I 1 y 11 1 1 \ t I % 40 to % r 1 It\ It \ \ \ 1 t , It \ C o W ,_.A:_ > c ry~.l~.e•~ryca f~ a,nr~ L':j10) ` <D i r r q• 1~ i ft . i 1 i.:I -~.T.a...~.. ~r Ne. -4 -4 177 % 1 O O Z % N O CITY O TIGARD PLANNING nivis ®N CITY of TIGARD •.OO.A/MIO INVOAA1A110• OVOTIN P VICINITY MAP IL VIEW ST BRIE WOODS SUBDIVISION SUB 91-0009 y>, vz cup 91-0001 > VAR 91-0019 VAN 91-0021 oFs r l ~o NZEN T Mu ARCEL-->>> - - - > - TE IE 1 Il INCZ. T N Mu 0 100 TOO 300 100 600 FMI J CANTEEBL R - - 1'• 3" red 813 QK - - - - - City of Tigard (I Inlaiiulon m er. eun V kr r.11.Ir ba1►sI e11/ ud RQQCK. OmW be vutl.d w1% to DM4pmerd e.IvkM Mbbn r R nC 1IT1I 11( 11~I1 1111! NWV Hal ew Avd on 91223 ar (503) 0194 111 nlpyww..a lyvM or.w Community Development Plot date: Jan 5, 1998: c:lmeglcImagicdd.apl Received: 6/25/98 1:23PM• 503 684 7297 MCKEEVER/MORRIS EPSTEIN DULKEN ; Page 2 06/25/98 13:07 V503 7297 CITY OF TIGARD • lij002/002 Number Minimum Number Dwelling of Driveways Minimum Minimum Pavement LlnitLlots $ it Access Width Width 1 or 2 1 ls' 10' 3-6 1 25' 20' TMC Chapter 18.108.070 A: - Figure 19. Vehicular Access/Egress Minimum Requirements: Residential Use v ~y A,!lI.VVV v O i Reformatted 19.. Kejn ) !'{At/.erl e4' ~4 q l~ks /~e po 7l G~q S i2o ~sGUs sr6 ~ ~ b// e A4r• A 4re ~F y e~rr~~ U lG G-~~S /J7!/C~ CT'/S<1cSS~a'~ Ol,lcr i Clan LadT.j 16 9no/ 41k io gkw~ y - • A CITY OF TIGARD Community Development Shaping A Better Community CITY OF TIGARD HEARINGS OFFICER JUNE 8, 1998 -1:00 P.M. r A .G ~E k N D A 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 WALNUT GLEN SUBDIVISION Subdivision (SUB) 98-0001 Variance (VAR) 98-0002 LOCATION: The subject properties are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax lots 00600, 00700, 02000, 02100 and 02200. PROPOSAL: The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an area consisting of five (5) lots totaling approximately 220,413 square feet (5.06 acres) into 22 lots ranging between 7,507 square feet to 8,347 square feet; 2. A Variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and 3. A second Variance request to allow 22 lots to have access via a cul-de-sac, whereas, the Code states that no more than 20 lots can have access off of a cul-de-sac. COMPREHENSIVE PLAN DESIGNATIONS: Low Density Residential; 4.5 Dwelling Units Per Acre. ZONING DESIGNATION: R-4.5; Residential, 4.5 Units Per Acre; R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.40, 18.50, 18.84, 18.88 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING's OFFICER PAGE 2 OF 2 6/8/98 PUBLIC HEARING AGENDA :CITY OF TIGARD HEARING'S OFFICER JUNE 814998 7:00 P.M.. --TOWN:HALL : - : - TI'GARD CITY HALL;.. 131.2 SW HALL BOULEVARD TI'GARD,, OR 97223 ,040yone wishin to s : eAk an an agenda item should 5lgn an the,apprapr~Ate 'Sign 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 6/8/98 PUBLIC HEARING AGENDA • Agenda Item: 20 Hearing Date: June 8.1998 Time: 7:00 PM STAFF'REPORT TO THE HEARINGS OFFICER CITY OF TIGARD co u~u 7 e7 &Fmmt FOR THE CITY OF TI-CARD, OREGON ska; slBetter,Communitc%. 3 SECTION I. APPLICATION SUMMARY CASES: FILE NAME: WALNUT GLEN SUBDIVISION Subdivision SUB 98-0001 Variance VAR 98-0002 PROPOSAL: The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an area consisting of five (5) lots totaling approximately 220,413 square feet (5.06 acres) into 22 lots ranging between 7,507 square feet to 8,347 square feet; 2. A Variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and 3. A second Variance request to allow 22 lots to have access via a cul-de-sac, whereas, the Code states that no more than 20 lots can have access off of a cul-de-sac. APPLICANT: Bill Wagoner APPLICANT'S Ken Sandblast Riverside Homes REP.: Compass Corporation 16666 Greenbrier Pkwy, S-140 6564 SE Lake Road M Beaverton, OR 97006 Milwaukie, OR 97222 OWNERS: Eva Sweeney, Wayne Thompson, Kent and Brenda Wizer, Ken t= Kvamstrom, and Diane Kvamstrom (Specific site ownership information and addresses available upon request). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 4.5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. LOCATION: The subject properties are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax lots 00600, 00700, 02000, 02100 and 02200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.40, 18.50, 18.84, 18.88 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. SECTION II. STAFF RECOMMENDATION Staff recommends that the HeanngsOfficerYfind `that .the "proposed Subdivision wilhrrot adversely affect the health, safety ; d welfare of the City Therefore,,,staff recommends APPROVAL, subfect to the following recommendedcondtons of approval: A` STAFF REPORT TO THE HEARINGS OFFICER 6MM PUBLIC HEARING SUB 98-OOOINAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 1 OF 24 * CONDITIONS OF APPROVAP `,`,`ALL CONDITIONS SHALL BE-,SATISFIED PRIOR-TO`RECORDINd THE FINAL PLAT WITHWASHINGTON COUNTY. Ty_ (Unless otherwise specified.- the~staff~contact for all ~conditio6s' is Rages with the Eng*eriing Department at ,503-639-4171.) Brian - 1. Provide verification that all lots meet or exceed the. required 7,500 square foot lot area requirement, exclusive of access drives. Staff contact, Julia Hajduk (639-4171 x407) 2. Submit a revised plan that shows the proposed setbacks for the existing structure on lot six (6) are met. Staff contact, Julia Hajduk (639=4171 x407) 3. Modify the street tree plan to show the following: A. Spacing of trees along SW 114th Court will be in accordance with the Tigard Development Code based on the mature size of the tree; and B. Submit a plan that shows that no trees are proposed in the vision clearance triangle. Staff contact, Julia Hajduk (639-4171 x407) 4. TREE REMOVAL - The applicant shall: A. Provide the total number of caliper inches removed; B. Mitigate for 75% of the caliper inches removed. If the final number of trees removed exceeds 75% of the existing trees, the applicant must mitigate for 100% of the total caliper inches removed; and C. Record a deed restriction for those trees that are to be preserved. Staff contact, Julia Hajduk (639-4171 x407) 5. Provide a deed restriction for either lot 16 or lot 10 to prohibit access onto the private drive identified as Tract "B". Staff contact, Julia Hajduk (639-4171 x407) 6. Record a deed restriction for lots fronting SW Walnut Street prohibiting direct access onto that street. Staff contact, Julia Hajduk (639-4171 x407) 7. Revise the plan to provide all lots with a minimum of 25 feet of frontage. This includes lots 4, 8 and 13, identified as panhandle lots. Staff contact, Julia Hajduk (639-4171 x407) 8. Obtain a public improvement permit and compliance agreement 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8198 PUBLIC HEARING SUB 98-OOOINAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 2 OF 24 9. Provide the Engineering Department 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. 10. Provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 11. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to construction of the public improvements. 12. The final plat shall indicate that additional right-of-way will be dedicated for SW Walnut Street to provide 33 feet from centerline. 13. Construct standard half-street improvements along the frontage of SW Walnut Street. The improvements adjacent to this site shall include: - A. City standard pavement section from curb to centerline equal to 22 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. curb or curb and gutter; D.. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6-foot concrete sidewalk; F. street striping'; G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); 1. street signs; and J. adjustments in vertical and/or horizontal alignment to construct SW Walnut Street in a safe manner, as approved by the Engineering Department. 14. The final plat shall indicate that the new public street name will be "SW 114th Place". 15. Prior to construction of the public improvements, the applicant shall submit, for City Engineer and Planning Director review, a Future Streets Plan to show how a public street stub can be provided to Tax Lot 403 (WCTM 2S1 03AB). The plan shall show plan and profile of the street stub and how it can tie in with a realistic future lot pattern on Tax Lot 403. Topography of the subject site and Tax Lot 403 will need to be taken into consideration in order to ensure that the street stub is placed in an appropriate location. Final street stub location will be approved by the City Engineer. 16. The right-of-way and pavement widths of the street stub to Tax Lot 403 shall be 46 feet and 28 feet respectively. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 3 OF 24 17. The right-of-way A pavement widths of SW 114th A shall be 46 feet and 28 feet respectively. 18. Both SW 114th Place and the street stub to Tax Lot 403 shall be signed "No Parking" on one side of the street. The applicant will be responsible for the costs of these signs and shall delineate on the construction plans which side of the streets will contain the signs. Final sign location and type shall be approved by the City. 19. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the public streets in the subdivision. Improvements shall be designed and constructed to local street standards. 20. A profile of SW Walnut Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 21. Lots 1, 3, 4 and 22 shall not be permitted to access directly onto SW Walnut Street. 22. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private streets will be jointly owned and maintained by the private property owners who abut and take access from them. 23. 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 streets. 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 streets. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 24. The pavement and rock section of the proposed private streets shall meet the City's public street standard for a local residential streets. 25. 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. 26. A maintenance access roadway, built to City standards, shall be provided to serve the downstream sanitary sewer manhole adjacent to the northeast comer of Lot 13 and the proposed water quality facility in Tract A. This maintenance roadway shall be physically separate from the driveway serving Lot 13 and shall be contained within the confines of Tract A. The access roadway shall be a minimum of 15 feet wide. 27. Final design plans and calculations for the proposed public 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 to be approved by the City Engineer. The proposed facility shall be dedicated in a tract STAFF REPORT TO THE HEARINGS OFFICER 6/8198 PUBUC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 4 OF 24 to the City of Tigard on the final plat. As a part of the improvement plans submittal, the applicant shall submit an Operations and Maintenance Manual for the proposed facility for approval by the Maintenance Services Director. The facilities shall be maintained by the developer for a three-year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. 28. 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." 29. 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). 30. 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. 31. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 32. The design engineer shall indicate, on the grading plan, which lots will have natural Y 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. 33. The applicant shall either place the existing overhead utility lines along SW Walnut Street 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 $ 10,312.50 and it shall be paid prior to approval of the final plat. 34. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The partition 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; and C. Once the City and County have reviewed the plat, submit two mylar copies of the partition plat for City Engineer's signature. STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBUC HEARING SUB 98.MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 5 OF 24 Aft PRIOR TO THE SUANCE OF BUILDING PERMITS, HE FOLL0INING ;CONDITION SHALL BE-SATISFIED. , (Unless otherwise noted, the.staffcontact shall,be Bnan Rager with ,the Engineerin9.De artment at 503439=4171 u~P 35. Prior to issuance of building permits, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Staff contact. Julia Hajduk (639-4171 x 407) 36. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 37. 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 improvements are completely finished, and 4) all street lights are installed and ready to be energized. PRIOR TO THE ISSUANCE OF OCCUPANCY. PERMITS, THE FOLLOWING CONDITIONS SHALL B SATISFIED: (Unless otherwise noted;jhestaff contac sfiat .ltJLIA P0INELL HAJDUIC 4 f ' with the Plann! ngDivrsiota503$639-4171.) ` 38. All site improvements installed as per the approved plans. 39. Plant a minimum of two (2) trees on each parcel as proposed as part of tree mitigation plan. ;.~~-i. s Y ih~3hta~✓Akt wf1!✓^ .",,,4'+j-es F.Y~u. i - e S ' IN ADDITION, THE APPLICANT SHOULMBE AWARE OF'THE r w FOLLOWING SECTIONS=OFTHE COMMUNITY DEVELOPMENT CODE; THIS ISNOI'ANt-OCCLUSIVE LIST:. _ r 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. STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98-=1NAR 98-=2 WALNUT GLEN SUBDIVISION PAGE 6 OF 24 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. 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 STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-OWlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 7 OF 24 3. Curve points, begitng and ending points (PC's and P4. 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. 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. 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 8 OF 24 THIS APPR-OVAL SHALL BE VALID FOyR 18 MONTHS FROM THE EFFECTIVE-DATE OF THIS DECISION. SECTION 111. BACKGROUND INFORMATION Site History: Tax lots 02000, 02100 and 02200 were partitioned in 1990 (MLP 90-0004NAR 90-0010) to create the current lots. Tax lot 00600 was annexed in 1992 (ZCA 92-0003). The remaining tax lots were annexed in January of 1983 (staff could not determine the ZCA number associated with that annexation). No other development applications were found to previously have been filed with the City. Vicinity Information: Adjoining properties to the north, south, east and west are zoned R-4.5 (Residential, 4.5 units per acre) and developed with single-family residential uses and vacant lots. The property is bordered on the south by SW Walnut Street. The property to the east is inside the City's Urban Services Area, but outside of city limits. Site Information and Proposal Description: The subject site includes five (5) lots consisting of approximately 5.06 acres of property. The site is relatively flat in slope except along a portion of the east boundary and at the north end where the slope is between 10% and 20%. There are two (2) residential dwellings in the area to be developed, one of which is proposed to remain on lot six (6). The proposal is to create a total of 22 lots. The proposal also involves a variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and a second variance request to allow 22 lots to take access from a cul-de-sac, whereas, the Code states that the maximum number of lots permitted to take access from a cul-de-sac shall be 20. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 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. STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98-OWlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 9 OF 24 Any required street implRements to certain collector or hillor 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 TIF fee will be increasing to 1,899 on July 1, 1998). The applicant is being required to dedicate an additional 13 feet (4862 square feet) of right-of-way along SW Walnut Street and make improvements. 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 per square foot, it is estimated that the total cost of the dedication is $9724 (4862 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 $37,590 ($1,790 x 21 dwelling units). Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is. $117,469 ($37,590 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $37,590, the unmitigated impact can be valued at $79,879. Given these estimates ($9,724 dedication), the conditions of approval are more than roughly proportional to the impacts. In addition, the applicant has concurred with the improvements and dedication on SW Walnut Street and the construction of SW 114th Court. PRELIMINARY SUBDIVISION PLAT APPROVAL STANDARDS 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. As will be discussed further in this decision under APPLICABLE CODE SECTIONS, the proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as, with the applicable policies and regulations of the R-4.5 zone and other applicable ordinances and regulations of the Tigard Development Code. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant provided evidence of the subdivision name reservation from Washington County. The proposed name of the subdivision, 'Walnut Glen", is not duplicative of any other plat recorded in Washington County. 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. STAFF REPORT TO THE HEARINGS OFFICER . 6MM PUBLIC HEARING SUB 98-0001NAR 980002 WALNUT GLEN SUBDIVISION PAGE 10 OF 24 The site does not abut properties with approved plats that would require conformity or connectivity. Therefore, this criteria is not applicable. Street and connectivity standards are discussed in more detail further in this decision. 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. The improvements are discussed in detail and conditions applied, if necessary, further in this decision. FINDING: Based on the above analysis, staff finds that the subdivision plat approval standards have either been met outright, do not apply or are discussed and conditioned in further sections of this decision. APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS Dimensional Requirements (Section 18.50): Section 18.50 states that the minimum lot area for each single-family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet. The proposed lots range between 7,507 and 8,347 square feet. Three of the lots are panhandle lots and staff can not confirm that the square footage indicated is exclusive of the access drive. As will be discussed further in this decision, the access width for the panhandle lots are not adequate and will need to be enlarged to 25 feet. This will most Likely reduce the square footages to such an extent that at least one lot could be lost. The applicant must provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement exclusive of access drives. As indicated on the site plan, all proposed lots exceed the 50-foot minimum lot width requirement. Development Standards: Section 18.50.050 contains standards for the R-4.5 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet, Average lot width 50 Feet Front setback 20 Feet Garage setback 20 Feet Interior side yard setback 5 Feet Corner side yard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks for homes on lots 1-5 and 7-22 will be. reviewed during the building permit review process. It appears that the setbacks for the house to remain on lot six (6) do not meet the front and rear yard setback requirements. The applicant must submit a revised plan (after all required adjustments are made) that shows the proposed setbacks for the existing structure to remain on proposed lot six (6). Applicable Comprehensive Plan Policies STAFF REPORT TO THE HEARINGS OFFICER 6AM PUBLIC HEARING SUB 98-0001NAR 9R-0002 WALNUT GLEN SUBDIVISION PAGE 11 OF 24 Citizen Input: Policy 2. Provides the City will assure th9citizens 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 December 18, 1997 and February 11, 1998. 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 it continues to allow for low density residential development. By providing close to the maximum density, the development is better meeting the City's density needs, and thus contributing to the diversity of housing. Sensitive Lands: Section 18.84 defines sensitive lands and provides standards for review of properties with sensitive lands The are no sensitive lands identified on the site, however, there is a wetland area off site in the direction of Summer Creek. The required wetland buffer is 25 feet. This buffer applies even if the wetland is off-site. The wetland buffer is discussed under Public Facility Concerns in relation to the water quality facility. Solar Access - Section 18.88.040 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. As depicted on the plan, six (6) of the 22 lots (27%) satisfy the basic criteria. Section 18.88.040(E) provides for adjustments to the 80% design standard if compliance would, among other factors cause adverse impacts on density or increases in development costs. The applicant contends that both of these factors are applicable to the subject site due to the fact that compliance would cause a reduction in the proposed lots causing a loss of density and a corresponding increase in development costs. As per the provisions of Section 18.88.040 (E)(1)(a), connection into the existing roadway pattern is required by this application which does not allow compliance with the 80% design standard. In any case, all future single-family detached residences constructed on the subject site will be reviewed for solar balance point standards through the building permit process. Densi : Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. STAFF REPORT TO THE HEARINGS OFFICER 6MM PUBLIC HEARING SUB 98-MlNAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 12 OF 24 The gross area of the site is 5.06 acres (220,413 square feet). The net developable area of the site, after deduction of .68 acres (29,620 square feet) for public right-of-way and .30 acres (13,068 square feet) for private streets, is 177,725 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to 23 lots under the R-4.5 zoning designation. The applicant is proposing 22 lots including the lot for the existing residence. The proposal is, therefore, in compliance with density calculations. Please note, however, that due to how lot sizes are calculated, it is not always possible to fit the maximum number of units permitted. As will be discussed further in this decision, the applicant may end up losing at least one lot in order to provide the required lot area for all lots. Landscaping and screening (Section 18.100) 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. Street trees are shown to be planted along the newly constructed public street (SW 1.14th Court) and SW Walnut Street. The trees along SW Walnut Street are spaced approximately every 30 feet. The trees shown along SW 114th Court range in spacing between 50 and 80 feet. This proposed spacing does not meet the standards. The applicant will need to modify the street tree plan along SW 114th Court to provide the required spacing based on the size of the tree at maturity. Buffer Matrix (Section 18.100.130): 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 development abuts single-family residential development. Visual Clearance Areas (Section 18.106): 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 STAFF REPORT TO THE HEARINGS OFFICER 8/8198 PUBLIC HEARING SUB 98-0001NAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 13 OF 24 where no curb exists, OM the street center line grade, Sept that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. This standard will be reviewed at time of development for individual lots. A required street tree at the SW Walnut Street/114th Court intersection appears to be in the vision clearance triangle. A revised plan must be submitted that shows the vision clearance triangle will be in compliance with the standards of the Tigard Development Code. Off Street Parking (Section 18.106): 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 for the individual lots. Access, Egress and Circulation (Section 18.108.070.A): This Section states that 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. Based on the lot frontages, however, each lot has the ability to provide a minimum 10-foot-wide driveway. The plan shows the private drives (Tract "D", "B" and "C") will- provide the required 25-foot access width. 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): 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 144 trees, _ 12-inch caliper or greater on the site and 32 of those are considered hazardous. The revised narrative states that the proposal will be retaining 33 of the remaining 112 trees. According to these figures, the applicant is retaining 29% of existing, non-hazardous trees 12 inches in caliper or greater and, is thus, required to provide 75% mitigation for those caliper inches removed. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 14 OF 24 The applicant has indicate they will mitigate these trees by a 11mbination of oversizing the required 2-inch caliper trees with 3-inch caliper trees, planting a minimum of two (2) trees on each lot and fee mitigation payment to the City. Prior to final subdivision plat the applicant must provide the exact number of caliper inches removed and complete the mitigation by planting or bonding for the required trees and/or paying into the tree mitigation fund. If the final number of trees removed is greater than 75%, the applicant must comply with the.full 100% mitigation. Section 18.150.045.6 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 18.130.13., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree(s) may be removed only if the tree dies or is hazardous according to a certified arborist. The applicant has not proposed a deed restriction for trees to be retained. In order to comply with these standards, prior to the recording of the final plat, the applicant shall record a deed restriction for those trees that are to be preserved. Prior to issuance of building permits on individual lots, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Improvements: Section 18.164.030(A) states that no development shall occur unless the development has frontage or approved access on a public street and requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. Southwest Walnut Street is classified as a major collector and SW 114th Court will be a local street. The dedication and improvement standards are discussed and conditioned further in this decision under PUBLIC FACILITY CONCERNS. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. 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 which shows Tract "C" extended to serve as a hammerhead providing access to a large undeveloped lot to the east (Tax lot 00403). Initially, it was expected that a public street could be extended through this property and loop back to SW Walnut Street. It is staff's understanding that this is not feasible due to the topography on the adjacent lot, however, this is not confirmed. The property to the east is 2.41 acres and could get 11 lots based on density alone (the actual number of lots possible may be much less due to topography and/or sensitive lands). If Tract "C", a private drive, STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBUC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 15 OF 24 were permitted as the o access to this lot, it would limit defoPment to six (6) lots or a planned development. Any development on this lot would further increase the number of lots accessing off of a cul-de-sac. The issue of Tract "C" providing access to the east is discussed in more detail further in this decision. The property to the west is developed as a single-family subdivision and is not expected to re-develop. The property to the north is wetland area and Summer Creek, therefore, it is not likely for a street to be extended to the north. 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. The criterion is satisfied because SW 114th aligns directly across from the existing street, extending to serve the site. Existing Rights-of-way: Whenever existing right-of-way adjacent to or within .a tract are of less than standard width, additional right-of-way shall be provided at the time of subdivision or development. Right-of-way dedication for SW Walnut Street is discussed in more detail further in this decision under PUBLIC FACILITY CONCERNS. Cul-de-sacs: Section 18.164.030(1) 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 500 feet and to allow more than 20 lots to access a cul-de-sac. Staff is recommending approval of the variance requests based upon the findings as contained in Section 18.160.120 of this report. 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 only 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 to take access from the private drive identified as Tract "D". The private drive identified as Tract "B" could potentially provide access to seven (7). lots, however, two (2) of those lots have access on SW' 114th Court. The applicant must provide a deed restriction for either lot 10 or 16 prohibiting access from the private drive to insure that no more than six (6) lots take access from the private drive. Since no maintenance agreement has been proposed, the applicant shall be conditioned to provide for a bonded maintenance agreement or a homeowner's association for future maintenance of the street. The issue of. Tract C being a public street versus a private street is discussed under PUBLIC FACILITY CONCERNS. STAFF REPORT TO THE HEARINGS OFFICER M98 PUBLIC HEARING SUB 98-0001NAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 16 OF 24 Block Design: Section 18.164.040(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.164.040(8)(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 cul-de-sac does not and can not form a perimeter block or decrease the block length. However, this development is exempt, because a street could not be extended to the west due to existing development, to the north due to wetlands and Summer Creek or to the east due to existing topography. A cul-de-sac, therefore, is the only option given the natural topography, wetlands and pre-existing development. 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. A pedestrian access will be available upon the construction of a public street to stub at the eastern lot as discussed in more detail under PUBLIC FACILITY CONCERNS.. 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 or 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 1-3, 5-7 and 9-12 comply with this standard. Lots 4, 8 and 13 provide only 15 feet of frontage. A revised site plan must be submitted that provides all lots with 25 feet of frontage onto a public.or private street. Because the lot sizes are so close to the minimum and the access is excluded from the lot area square footage, an increase in the area reserved for a panhandle drive may result in the loss of at least one lot. A final plat with less than 22 lots, however, will be in substantial conformity with this proposal and can still be approved. STAFF REPORT TO THE HEARINGS OFFICER 6AM PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 17 OF 24 Sidewalks: Section 18.0.070 requires sidewalks adjoinin*ll residential streets. The applicant must install half-street improvements along SW Walnut Street and will be required to construct full street improvements for the new street. Standard street improvements include sidewalks. City standards do not require sidewalks on private streets. Subdivision Variance - Maximum length and number of lots served by a Cul-de-sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. The 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 can not be extended to adjacent lots with the exception of the lot to the east. In this case, the street would still need to terminate in a cul-de-sac due to the topography on that site. Because of the special circumstances, the applicant has no choice but to provide a cul-de-sac. 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 street extensions limit the proposal to a cul-de-sac. The density permitted for this combination of lots is 23 lots. If the cul-de-sac were permitted to be no greater than 400 feet, it would limit the number of lots able to be developed. In addition, the variance to the maximum number of lots permitted to access a cul-de-sac is needed to provide more closely, the density permitted in this zone. 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 500-foot cul-de-sac and allow two (2) additional lots to have access from the cul-de-sac, will not be detrimental to the public or injurious to the rights of other properties. Granting the variance for the length of the cul-de-sac would allow the length to be 100 feet longer than permitted. The applicant is providing adequate tum-around on the cul-de-sac bulb and the width of the street is sufficient to allow emergency vehicles to pass with parking on both sides. 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. If the regulations were strictly enforced, the property would have to develop fewer lots which would not allow for the most economic and efficient use of the STAFF REPORT TO THE HEARINGS OFFICER WEM PUBLIC HEARING SUB 98.OWlNAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 18 OF 24 land. The variance requested is the minimum necessary to preserve the full development potential of the site and allow the development of the property to a density close to the maximum permitted in the code. PUBLIC FACILITY CONCERNS: Streets: This site lies adjacent to SW Walnut Street, which is classified as a major collector street on the City's Transportation Plan map. Although Walnut Street is still under Washington County jurisdiction, the City entered into an intergovern mental agreement with the County to provide planning and engineering services within the Tigard area. The agreement places the City responsible for planning and engineering decisions related to SW Walnut Street. The roadway is currently paved, within a right-of-way (ROW) measuring approximately 20 feet north of the centerline. The ROW requirement for Walnut Street is 66 feet overall (33 feet from centerline). The ultimate paved width of this roadway will be 44 feet overall. The existing paved improvement is not built to current City standards for width and structural. section, so in order to mitigate the additional traffic that will be generated from the project, the applicant will be required to construct a half-street improvement along the frontage of the site. The applicant's plans indicate that they will provide the half-street improvement. Construction plan review and improvement inspection will be coordinated by the City. The applicant also indicates that they will dedicate additional ROW on the final subdivision plat to provide 33 feet from centerline to meet City standards. The applicant submitted a traffic analysis by Lancaster Engineering, dated February 17, 1998, indicating that this project will generate approximately 191 new vehicle trips during an average weekday. Of these new trips, approximately 15, trips will be added to the AM peak hour (an increase of approximately 1.4 percent) and 20 trips added to the PM peak hour (an increase of approximately 1.7 percent). The small increase in traffic resulting from this project is insignificant and does not warrant additional off-site transportation improvements. Proposed Street Layout The applicant's plan indicates that a new local residential street, SW 114th Court, will extend northerly from Walnut Street at the intersection of SW 114th Terrace. Staff approves of the location of the new street because it aligns with the existing centerline of SW 114th Terrace. The proposed street name, however, will need to be modified to comply with City and Washington County addressing policies. The new street name will need to be "SW 114th Place", not "Court". This change can be made on the final plat and the construction drawings for the public improvements. The new public street is proposed to be built within a 46-foot ROW and have a paved width of 28 feet. These widths are allowable by the Community Development Code (CDC), but the narrower width necessitates a no parking restriction on one side. The applicant will need to provide "No Parking" signs along one side of the new street. STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98-0001NAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 19 OF 24 The applicant provided a0uture Streets Plan" to show how th0treet layout in this project may serve future development, particularly to the east. However, the plan is not very detailed regarding future development of the property immediately east of the private street labeled as Tract C (Tax Lot 403, WCTM 2S1 03AB). Any future development of the adjacent property would necessitate that access be taken from the private street (Tract C). Engineering and Planning staff discussed this issue and believe that a public street stub should be extended to the adjacent undeveloped property to assure adequate public street access for future lots. This would also prevent future disputes regarding access rights to a private street and limitations as to the number of lots that can be served from a private street (the CDC allows only six lots to be served from a private street). The topography on Tax Lot 403 may limit where a public street can be built, so the applicant will need provide a plan and profile of the future street stub to show how it can be constructed on the adjacent property. The "Future Streets Plan" should also be revised to show a realistic lotting pattern for Tax Lot 403 to ensure that the street stub is placed in an appropriate location. This additional information will need to be reviewed by the Planning and Engineering departments prior to construction of the public improvements. The street stub shall be of the same pavement and ROW width as SW 114th Place. Proposed Private Streets The plan proposes a total of three private streets (Tracts B, C and D). Previously, the replacement of Tract C with a public street stub was discussed. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Both Tracts B and D would serve five and three lots respectively, which would comply with the TMC. 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 on the private streets. Water: This subdivision will be served from the City's public water system. There is an existing main water line in SW Walnut Street that can be connected to for the new water line in SW 114th Place. The Public Works Department submitted comments regarding this application indicating that they will need to review a detailed plan of the proposed water system for this project. The detailed review would take place as a part of the overall plan review for the public improvements. Public Works indicates that the minimum water line size to the first fire hydrant will be 8 inches. A second hydrant will likely be required at the end of the cul-de-sac to provide fire protection to Lot 13. A 4-inch line will be required to be extended to north end of Tract B. Line size in Tract C will be dependent upon potential lotting patterns for Tax -Lot 403 (NOTE: this is another reason why the applicant must submit a revised "Future Streets Plan" for review). STAFF REPORT TO THE HEARINGS OFFICER 6&98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 20 OF 24 Regarding main line locations, the City requires them to be placed on the east or south side of public streets and 6 feet from the face of curb. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line located adjacent to the west boundary of this site and an 8-inch line -in Walnut Street partly fronting the site. The applicant's plan indicates that they will connect to the existing 8-inch line adjacent to the western boundary near the north end of the site and extend a new main line inside of the project within the public and private street system. A public sewer line will also be extended to Tax Lot 403 for future extension. In general, Staff approves of the preliminary sewer layout, but has a concern about access to the downstream manhole at the very north end of the site at the northeast corner of Lot 13. It appears that the applicant is proposing to provide access to the water quality facility in Tract A and the downstream manhole via the new driveway for Lot 13. The plan shows Lot 13 as a flag lot with only 15 feet of street frontage. Planning will comment elsewhere in this report about the minimum lot frontage required in a subdivision. Staff is concerned that if access to City facilities is combined with a private driveway, there will be conflicts between parked vehicles and City maintenance equipment attempting to reach the City facilities. Staff recommends the applicant be required to provide one access to the downstream sanitary sewer manhole and Tract A, and a separate access to Lot 13. _The access to the manhole and Tract A could be placed within Tract A; the size of Tract A,may need to be enlarged to accommodate the access. Storm Drainage: The topography of this site falls primarily to the northeast toward Summer Creek. Summer Creek is located near the northeast comer of the site. The applicant submitted a downstream analysis in accordance with Unified Sewerage Agency standards indicating the additional storm water runoff from this site will not have an adverse impact on the downstream system. Storm water from the site is proposed to be directed to the northeast corner of the site into an on-site water quality facility (Tract A). From there, the storm water will be conveyed across Tax Lot 4200 (WCTM 2S1 03AB), which is an open space tract owned by the City of Tigard, into Summer Creek. The plan indicates that the applicant will request two easements from the City to allow construction of two outfalls from Tract A. Any off-site easements needed shall be obtained by the applicant prior to construction. 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 21 OF 24 As was discussed abol the applicant proposes to constre an on-site water quality facility in Tract A. Since this facility will be treating storm water runoff from a public street, it will need to be constructed to meet public standards and will eventually be maintained by the City. The applicant will be required to maintain the facility for a period of three years after the conditional acceptance date of the public improvements. The facility will need to be placed within a tract, as shown on the preliminary plan, and conveyed to the City on the final subdivision plat. As was stated previously, access to this facility by City maintenance vehicles is required. The construction plans shall indicate a paved maintenance roadway to City standards that will enable vehicles to access the control structure(s) of the facility. This maintenance roadway would also be used to access the downstream sanitary sewer manhole at the northeast comer of Lot 13. 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 Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. 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 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. Adiacent Wetland Area The preliminary plan and project narrative indicate that wetland areas on the City-owned open space (Tax Lot 4200) adjacent to Summer Creek come within 15 feet of the northeast comer of this site. The water quality facility in Tract A will potentially encroach into the USA- required 25-foot buffer adjacent to the wetland. However, the USA standards indicate that a water quality facility can encroach up to 10 feet inside of a wetland buffer provided a wider buffer is provided elsewhere along the wetland. Staff is of the opinion that the minor STAFF REPORT TO THE HEARINGS OFFICER 6/8198 PUBLIC HEARING SUB 98-0OOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 22 OF 24 encroachment from Tract A will fall within the acceptable limits of" the USA criteria and there is additional land area on Tax Lot 4200 that provide a much wider buffer than 25 feet. Therefore, Staff does not oppose the location of the project with respect to the adjacent wetland. Existing Overhead Utility Lines: There are existing overhead utility lines along SW Walnut Street. 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 375 lineal feet; therefore the fee would be $ 10,312.50. FINDING: Based on the analysis above, the APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS have not been met. The standards can be met, however, if the applicant complies with the conditions of approval summarized at the beginning of this decision. If the conditions are met, staff can determine that the standards have been met and approval can be granted. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: The cul-de-sac shall have an outside turning radius of 45 feet. The storm drain lateral must be extended to lots 4,5,8,9,7,10,12,13,14 and others having foundation drainage below street level. The water plan is not complete: Provide fire hydrant at entrance to subdivision at SW Walnut Street and a fire hydrant within the cul- de-sac. No portion of a house shall be more than 500 feet from a fire hydrant. Private streets less than 28 feet wide shall have "no parking signs" and curb markings as required by UFC 902.24 and 901.4-5.2. Provide proper turning radius into Track C drive. Installation of private storm drainage system per Oregon Plumbing Specialty Code (OPSC). The City of Tigard Police Department has reviewed this proposal and has offered no comments or objections. The City of Tigard Water Department has reviewed this proposal and has offered the following comments: The developers engineer must provide detailed plans- on sizing/location of water facilities. The minimum line size to the first fire hydrant is 8 inches and a second fire hydrant will be required at the cul-de-sac to provide fire protection to lot 13. Also, we will require that a 4-inch water main be extended to the north end of Track B. Line size in Track C is dependent upon future layout of the parcel owned by Cloud. Water main placement is east and south of the street - six feet from face of curb (in front) STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98-OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 23 OF 24 SECTION VI. AGCY COMMENTS The Unified Sewerage Agency has reviewed this proposal and has offered comments that have been incorporated into this decision under PUBLIC FACILITY CONCERNS. Tualatin Valley Water District, Washington County, US West, Portland General Electric (PGE), TCI cable, General Telephone, and NW Natural gas have also had the opportunity to review this application and have offered no comments or objections. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS.SUBMITTEDtTO THE'~CITI(OFTIGARDYWITHIN 1SMONTHS Y 4 `OF THE EF~FECTIVEDI rTE OF THIS DECISION .o k May 28, 1998 PREPA BY: Julia Ha' uk DATE Associate Planner May 28, 1998 APPROVED BY: Richard Be dorff DATE Planning fi"nager iAcurpln~ ulialsub98-01.doc STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 24 OF 24 a / s 3 - &w. MTN C®08T a ~ ~ _~r s i Oa f ~ ~ -!r R=too` t a - • q a y ~ n v d •~~,I~ti~'~ t ~ a At ~ N,o aka m `V i CPO CAR u ra 1,NG 'VISION 00 PLANN ,o 0~ `VIG CITY of TIGARD T OEOORAFNIC IMFORMATION SYBTFM R O - 0. - V cn VICINITY MAP -E-[]-- TIGARD U 9-p w O ME-RC FT O M NECT SUB 98-0001 N U, D T WALNUT GLEN ERINE ST SUBDIVISION sv Lill a L w r•= 3 T y N SW BAAMI IN r N SW ER sT p 400 S66 Feet con) TIPP P 1'= 526 foal J7~ CARMEN ST a f z J ; City of Tigard ?p Information on this map Is for general location only and should be veriead vulth the Development Services Division. F" 13125 SW Itali Blvd Tigard, OR 97223 ALBERTA S WA (563) 639-0171 hltp://Www.cl.Vgard.or.us ~ - ~ Plot date: Mar 9, 1998; c:lmagic\magic01.apr Community Development PUBLIC DISCLOSURE RADIO FREQUENCY INTERFERENCE JUNE 1998 TO: RIVERSIDE HOMES AND PROSPECTIVE RESIDENTS OF THE PROPOSED WALNUT GLEN SUBDIVISION, RESIDENTS OF THE LERON HEIGHTS DEVELOPMENTS, AND THE CITY OF TIGARD. FROM: FEDERALLY LICENSED RADIO STATION W7WZ LOCATED AT 12200 S.W. 116THAVENUE, TIGARD, OREGON 97223 SUBJECT: RADIO FREQUENCY INTERFERENCE TO YOUR TELEPHONES, STEREOS, ELECTRONIC ORGANS, INTERCOMS SECURITY ALARMS AND OTHER ELECTRONIC DEVICES. Several residents in the Leron Heights developments have experienced severe interference to their telephones, stereos, electronic organs etc. When this occurs the device improperly functions as a radio receiver. This is not the fault of the nearby radio transmitter and all that can be done at the transmitter end has been done. Due to cost cutting methods of manufacturing by the provider of your equipment such as insufficient shielding and filtering, your equipment is acting as a radio receiver. Most equipment can be filtered and the manufacturer is the place to start in solving the interference problem. The radio station operator can direct you to sources of filters, interference free telephones and can assist your technician with testing. Do not expect the station operator to purchase any equipment for you or to provide any specific technical advice. Also do not expect the transmissions to stop, day or night. The radio station operator has done all that he can to prevent the interference. The City of Tigard, Washington County and the State of Oregon have no jurisdiction in Radio Frequency Interference matters. It is the exclusive responsibility of the Federal Communications Commission. PL-97-259 gave the FCC authority over interference susceptibility to home electronic equipment, but unfortunately, the FCC chose to ask the manufacturers to voluntarily address this subject. The legislative history of this law is clear: Only the FCC has jurisdiction over interference. Municipal zoning authorities, including local law enforcement officials, do not have that authority. As with restrictive antenna or tower ordinances, the FCC, through a directive from Congress, has preempted any concurrent state or local regulation of Radio Frequency Interference pursuant to the provisions of Section 302(a) of the Communications Act of 1934, as amended. The legal cite is 47 USG Section 302(a). Also see H.R. Report No. 765, 97 Congress, 2nd Session 33 (1982), reprinted at 1982 U.S. Code Congress. & Ad News 2277. Unfortunately most consumer telephones and electronic equipment located within 1,000 feet of this radio transmitting site will be highly susceptible to interference. While the cost of filters is nominal, the technical time involved in solving these problems can involve many hours of trial and error testing. So the cost to become interference free can be from a few hundred dollars to many thousands if you must hire a competent electronics technician and perhaps replace some of your equipment entirely. Security alarms connected to a service that calls out the fire department are the worst offender. If you install one of these, you are asking for trouble. SETTING THE STANDARD FOR SERVICE EXCELLENCE Facsimile To: 5 Company: M Phone: Fax: 65- 3- 2 0 57-5 From: Company: City of Tigard Phone: (503) 639-4171 Fax: (503) 684-7297 Date: y 9~ Pages including this page: COMMENTS: O s S!~o /o~ e e /17gi~ 6 Ur ~ -1 ~ o2S 9~~ss oe S' u~ s ~ City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 PLEASE DELIVER THIS FAX IMMEDIATELY • Agenda Item: ' Hearing Date: ~.._.a 8.1998 Time: 7:00 PM ` rxx'~.3' vu-•, TAFREP06tTOTH~ n' RWe s ~ ~ { , r~,,,~ ~ u.. szS?:.:?d:.,. i.:~^ra."'zius:. " ~ .~tL ~t•~t JrL...nE. sa«"-s .z.. .a a xr^° ry -~k ie Ott + ~xa +aK a': 9^ yv4~v+aA~s rs 3 CITY OF TIGARD --r F0 THE CtT1~=0 TC tRD ORE O - ~ ~q .y„~ 7.:1h, i~.. 1•:'?'ti:~.~.}:S.~.z.s..=e`. ~,2 "-n:Ei;✓.a.~a:+:Y: ...:.+r. ~.p•» .5 ....r3r.- _ SECTION I. APPLICATION SUMMARY CASES: FILE NAME: WALNUT GLEN SUBDIVISION Subdivision SUB 98-0001 Variance VAR 98-0002 PROPOSAL: The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an area consisting of five (5) lots totaling approximately 220,413 square feet (5.06 acres) into 22 lots ranging between 7,507 square feet to 8,347 square feet; 2. A Variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and 3. A second Variance request to allow 22 lots to have access via a cul-de-sac, whereas, the Code states that no more than 20 lots can have access off of a cul-de-sac. APPLICANT: Bill Wagoner APPLICANT'S Ken Sandblast Riverside Homes REP.: Compass Corporation 16666 Greenbrier Pkwy, S-140 6564 SE Lake Road Beaverton, OR 97006 Milwaukie, OR 97222 OWNERS: Eva Sweeney, Wayne Thompson, Kent and Brenda Wizer, Ken Kvamstrom, and Diane Kvamstrom (Specific site ownership information and addresses available upon request). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 4.5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. LOCATION: The subject properties are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax lots 00600, 00700, 02000, 02100 and 02200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.40, 18.50, 18.84, 18.88 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. SECTION II. STAFF RECOMMENDATION Staff .:recommends:°:that: thee.HearingsROfficer=find~;-that'-they piioPosed Subdivision:wil( noV w.:.'~-~;.m- 'aclversely'affect-the:-health;=safet .'and'welf"`" of the =G' fie`~efore;;sfaf# ~ecommencJs PPF 4 -AL, s, bject dlh,.e;fo`llowing recommen`c ed con. itionsyo appco al r•_,.y STAFF REPORT TO THE HEARINGS OFFICER 6I8M PUBLIC HEARING SUB 98-0001NAR 98.0002 WALNUT GLEN SUBDMSION PAGE 1 OF 24 ' SiONDITIONS OF APPROVA • ALL%CONDITIONS SIiALL BExSATISFIEDFPRIOR TO RECORDING a _ FINAL-PC. THE T W TH IAlASH1~VGTON'000NTY n. ,.a,. .,hFcsrcZV-fier~' ; m-2 (Unles otherwise speci , thestafl contact for all conditions is ti c z+`rs.r~-Brlari R"a~ eFwltfl'~theE' .~!c~f~;~^:~.rx~~'~~se T,•r-rc-- , .7 . _ r x~ g r ,+4~~,~~~Angmeering~Depa~tmenf at x503 G39 4171 `c)'- t q~ (1~ Provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement, exclusive of access drives. Staff contact, Julia Hajduk (639-4171 x407) (`2n Submit a revised plan that shows the proposed setbacks for the existing structure on lot six (6) are met. Staff contact, Julia Hajduk (639-4171 x407) 3. Modify the street tree plan to show the following: A. Spacing of trees along SW 114th Court will be in accordance with the Tigard Development Code based on the mature size of the tree; and B. Submit a plan that shows that no trees are proposed in the vision clearance triangle. Staff contact, Julia Hajduk (639-4171 x407) 4. TREE REMOVAL - The applicant shall: A. Provide the total number of caliper inches removed; B. Mitigate for 75% of the caliper inches removed. If the final number of trees removed exceeds 75% of the existing trees, the applicant must mitigate for 100% of the total caliper inches removed; and C. Record a deed restriction for those trees that are to be preserved. Staff contact, Julia Hajduk (639-4171 x407) 5. Provide a deed restriction for either lot 16 or 'lot 10 to prohibit access onto the private drive identified as Tract "B". Staff contact, Julia Hajduk (639-4171 x407) 6. Record a deed restriction for lots fronting SW Walnut Street prohibiting direct -access onto that street. Staff contact, Julia Hajduk (639-4171 x407) C7~ Revise the plan to provide all lots with a minimum -of 25 feet of frontage. This includes lots 4, 8 and 13, identified as panhandle lots. Staff contact, Julia Hajduk (639-4171 x407) 8. Obtain a public improvement permit and compliance agreement 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. STAFF REPORT TO THE HEARINGS OFFICER &INS8 PUBLIC HEARING SUB 98-0001NAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 2 OF 24 9: - Provide the Engiri•ng Department with the name, ac • s 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. 10. Provide a construction, vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 11. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to construction of the public improvements. 12. The final plat shall indicate that additional right-of-way will be dedicated for SW Walnut Street to provide 33 feet from centerline. 13. Construct standard half-street improvements along the frontage of SW Walnut Street. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 22 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. curb or curb and gutter; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6-foot concrete sidewalk; F. street striping'; G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); 1. street signs; and J. adjustments in vertical and/or horizontal alignment to construct SW Walnut Street in a safe manner, as approved by the Engineering Department. 14. The final plat shall indicate that the new public street name will be "SW 114th Place". 15. Prior to construction of the public improvements, the applicant shall submit, for City Engineer and Planning Director review, a Future Streets Plan to show how a public street stub can be provided to Tax Lot 403 (WCTM 2S1 03AB). The plan shall show plan and profile of the street stub and how it can tie in with a realistic future lot pattern on Tax Lot 403. Topography of the subject site and Tax Lot 403 will need to be taken into consideration in order to ensure that the street stub is placed in an appropriate location. Final street stub location will be approved by the City Engineer. 16. The right-of-way and pavement widths of the street stub to Tax Lot 403 shall be 46 feet and 28 feet respectively. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-=INAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 3 OF 24 17.- The right-of-way pavement widths of SW 114th F• shall be 46 feet and 28 feet respectively. 18. Both SW 114th Place and the street stub to Tax Lot 403 shall be signed "No Parking" on one side of the street. The applicant will be responsible for the costs of these signs and shall delineate on the construction plans which side of the streets will contain the signs. Final sign location and type shall be approved by the City. 19. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the public streets in the subdivision. Improvements shall be designed and constructed to local street standards. 20. A profile of SW Walnut Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 21. Lots 1, 3, 4 and 22 shall not be permitted to access directly onto SW Walnut Street. 22. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private streets will be jointly owned and maintained by the private property owners who abut and take access from them. 23. 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 streets. 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 streets. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 24. The pavement and rock section of the proposed private streets shall meet the City's public street standard for a local residential streets. 25. 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. 26. A maintenance access roadway, built to City standards, shall be provided to serve the downstream sanitary sewer manhole adjacent to the northeast comer of Lot 13 and the proposed water quality facility in Tract A. This maintenance roadway shall be physically separate from the driveway serving Lot 13 and shall be contained within the confines of Tract A. The access roadway shall be a minimum of 15 feet wide. 27. Final design plans and calculations for the proposed public 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 to be approved by the City Engineer. The proposed facility shall be dedicated in a tract STAFF REPORT TO THE HEARINGS OFFICER 666 PUBLIC HEARING SUB 98-OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 4 OF 24 to the City of Tiga •m the final plat. As a part of the ::•rovement plans submittal, the applicant shall submit an Operations and Maintenance Manual for the proposed facility for approval by the Maintenance Services Director. The facilities shall be maintained by the developer for a three-year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. 28. 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." 29. 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). 30. 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. 31. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 32. 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. 33. The applicant shall either place the existing overhead utility lines along SW Walnut Street 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 $ 10,312.50 and it shall be paid prior to approval of the final plat. 34. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The partition 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; and C. Once the City and County have reviewed the plat, submit two mylar copies of the partition plat for City Engineer's signature. STAFF REPORT TO THE HEARINGS OFFICER &SM PUBLIC HEARING SUB 98.OWINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 5 OF 24 ,Py_RIORTO:THE NUANCE OF•BUILDING PERMIT iE FOLLOWING: Z;kFa~t,s.. ~.`~`f.-» ,a.:~s.a::,u.isa•-Gx..'8 .+..rd ' .+t ..eaan::..uF..s,+a: w»:. t r +b Ipc ~ ~ :`~T `CONDITION SHALLrBE.SATISFIED. ~ ' { " u ~ ~;3 ` *°'(Unless otherwise noted; the staff contact shall be Brian Rager rxaN•r~l tl~ ,Ly * x, . -.ty. ,~:.:c_ ,,•Yi~w~ "1'r ` .'.,.:t-.S S'..s"'~*-.ve3ar .tn. ~ +.Y -3 RT i.t -,`i-. Wththe En meenng Departmentat503G39-4171.)~Y 35. Prior to issuance of building permits, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Staff contact. Julia Hajduk (639-4171 x 407) 36. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 37. 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 improvements are completely finished, and 4) all street lights are installed and ready to be energized. ..n - T•'T nk-..'.. .,.i M.. ..:c•r d^'XYr%A ~,r R". n+A..:: :!rr 47'a` ~+t wvnrs : _'~sa,. PRIOF TO TH tSSC1AI~tEE`O OCC~JP G1f PERMITS, THE° "'FOLLOWII COD OK S B SAT1$FIED: r othe note c s a U 1NELL HA;IDUK, ~r with°th P.. anriin DMmo 9 1 ~ ' - _ 1...cy:.:.., _ :~%:+~s~r_~_. -G._aa.3+.:+sLa;5.:'r , 4+:rs,.•. _.:.sx'.~,~s~:C1c.ri-v~~G~:.1 s~ 38. All site improvements installed as per the approved plans. 39. Plant a minimum of two (2)- trees on each parcel as proposed as part of tree mitigation plan. W. llVx=ADDITION, THEAPPLICAN~SHO LDBE A ~E OF;TLiE~~ ~ _;i FOtL4WINGySECTIONS' O~~THESCOMMUN~1(;DEVELOPMENT ~ r s < h .so- r-~~jru~ a "s..v.r zgw.t,.usr, ,r,~-~~.as+ati..~: ,~yrwzsv.. ~ r ,r !t.a.-'f~.• x ~CODE,ATHISwIS:NOT~ ~ • s,,~~; ANEXCLUSIVE=LIST s~`' 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. STAFF REPORT TO THE HEARINGS OFFICER 618196 PUBLIC HEARING SUB 98.OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 6 OF 24 18.1.60.180 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. 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 STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-OOOINAR 48.0002 WALNUT GLEN SUBDIVISION PAGE 7 OF 24 3.• - Curve points, begs. •ig and ending points (PC's and PT • 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. 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. 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. STAFF REPORT TO THE HEARINGS OFFICER &I&W PUBLIC HEARWG SUB 98-MlNAR 98-0002 WALNUT GLEN SUBONISION PAGE 8 OF 24 i i r __r m z THIS A. ROVAL`.SHALL BE VALID FOR 0NTHS i . FROM'.. HE:EFFECTIVE DATE OF~_HIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Tax lots 02000, 02100 and 02200 were partitioned in 1990 (MLP 90-0004NAR 90-0010) to create the current lots. Tax lot 00600 was annexed in 1992 (ZCA 92-0003). The remaining tax lots were annexed in January of 1983 (staff could not determine the ZCA number associated with that annexation). No other development applications were found to previously have been filed with the City. Vicinity Information: Adjoining properties to the north, south, east and west are zoned R-4.5 (Residential, 4.5 units per acre) and developed with single-family residential uses and vacant lots. The property is bordered on the south by SW Walnut Street. The property to the east is inside the City's Urban Services Area, but outside of city limits. Site Information and Proposal Description: The subject site includes five (5) lots consisting of approximately 5.06 acres of property. The site is relatively flat in slope except along a portion of the east boundary and at the north end where the slope is between 10% and 20%. There are two (2) residential dwellings in the area to be developed, one of which is proposed to remain on lot six (6). The proposal is to create_a_total df 221ots7 The proposal also -involves -a variance- request to allow an. approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and a Lsecond variance-request to allow 22 lots to take access from _a cul-de=sac, whereas, the Code states that the maximum number of lots permitted to take access from a cul-de-sac shall be 20. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 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. STAFF REPORT TO THE HEARINGS OFFICER 618198 PUBLIC HEARING SUB 98-0001NAR 98-M WALNUT GLEN SUBDIVISION PAGE 9 OF 24 Any required street imp •ements to certain collector or hif •r 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. TIF fee will be increasing to 1,899 on July 1, 1998). The applicant is being required to dedicate an additional 13 feet (4862 square feet) of right-of-way along SW Walnut Street and make improvements. 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 per square foot, it is estimated that the total cost of the dedication is $9724 (4862 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 $37,590 ($1,790 x 21 dwelling units). Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is. $117,469 ($37,590 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $37,590, the unmitigated impact can be valued at $79,879. Given these estimates ($9,724 dedication), the conditions of approval are more than roughly proportional to the impacts. In addition, the applicant has concurred with the improvements and dedication on SW Walnut Street and the construction of SW 114th Court. PRELIMINARY SUBDIVISION PLAT APPROVAL STANDARDS 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. As will be discussed further in this decision under APPLICABLE CODE SECTIONS, the proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as, with the applicable policies and regulations of the R-4.5 zone and other applicable ordinances and regulations of the Tigard Development Code. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant provided evidence of the subdivision name reservation from Washington County. The proposed name of the subdivision, "Walnut Glen°, is not duplicative of any other plat recorded in Washington County. 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. STAFF REPORT TO THE HEARINGS OFFICER 818198 PUBLIC HEARING SUB 98-0001NAR 980002 WALNUT GLEN SUBDIVISION PAGE 10 OF 24 The. site does not abut 0- The. with approved plats that Vuld require conformity or connectivity. Therefore, tnis criteria is not applicable. Street and connectivity standards are discussed in more detail further in this decision. An explanation has been provided for all common improvements. The applicant has provided an explanation for ail common improvements including the provision for public services such as sewer, water, drainage and street improvements. Therefore, this criteria has been satisfied. The improvements are discussed in detail and conditions applied, if necessary, further in this decision. FINDING: Based on the above analysis, staff finds that the subdivision plat approval standards have either been met outright, do not apply or are discussed and conditioned in further sections of this decision. APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS Dimensional Requirements (Section 18.50): Section 18.50 states that the minimum lot area for each single-family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet The proposed lots range between-7,507 and 8-347 square feet. Three of- the lots are panhandle lots and staff cannot confirm that the square footage indicated-is -exclusive-of-the . access --drive. As will be discussed further in this decision, the access width for the panhandle lots are not adequate and will need to be enlarged to 25 feet. This will most likely reduce the square footages to such an extent that at least one lot could be lost. The applicant must provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement exclusive of access drives. As indicated on the site plan, all proposed lots exceed the 50-foot minimum lot width requirement. Development Standards: Section 18.50.050 contains standards for the R-4.5 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 Feet Front setback 20 Feet Garage setback 20 Feet Interior side yard setback 5 Feet Corner side yard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks for homes on lots 1-5 and 7-22 will be reviewed during the building permit review process. It appears_that-the=setbacks _for tfie house to remain on lot six (6) do not meet-the front and rear yard setback requirements. The applicant must submit a revised plan (after all required adjustments are made) that shows the proposed setbacks for the existing structure to remain on proposed lot six (6). Applicable Comprehensive Plan Policies STAFF REPORT TO THE HEARINGS OFFICER GOW PUBLIC HEARING' SUB 98.0001NAR 98.0002 WALNUT GLEN SUBONISION PAGE 11 OF 24 . Citizen Input: Policy 2: .provides the City will assure th•itizens 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 December 18, 1997 and February 11, 1998. 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 it continues to allow for low density residential development. By providing close to the maximum density, the development is better meeting the City's density needs, and thus contributing to the diversity of housing. Sensitive Lands: Section 18.84 defines sensitive lands and provides standards for review of properties with sensitive lands The are- no sensitive lands identified on the=site, however,_there is -a wetland area -off -site_,in the direction of Summer_ Creek. The required wetland buffer is 25 feet. This buffer applies even if the wetland is off-site. The wetland buffer is discussed under Public Facility Concerns in relation to the water quality facility. Solar Access - Section 18.88.040 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. As depicted on the plan, six (6) of the 22 lots (27%) satisfy the basic criteria. Section 18.88.040(E) provides for adjustments to the 80% design standard if compliance would, among other factors cause adverse impacts on density or increases in development costs. The applicant contends that both of these factors are applicable to the subject site due to the fact that compliance would cause a reduction in the proposed lots causing a loss of density and a corresponding increase in development costs. As per the provisions of Section 18.88.040 (E)(1)(a), connection into the existing roadway pattern is required by this application which does not allow compliance with the 80% design standard. In any case, all future single-family detached residences constructed on the subject site will be reviewed for solar balance point standards through the building permit process. Densi : Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98-MIIVAR 96-0002 WALNUT GLEN SUBDIVISION PAGE 12 OF 24 The gross area of the si, 05.06 acres (220,413 square feet). Oe net developable area of . the site, after deduction of .68 acres (29,620 square feet) for public right-of-way and .30 acres (13,068 square feet) for private streets, is 177,725 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to 23 lots under the R-4.5 zoning designation. The applicant is proposing 22 lots including the lot for the existing residence. The proposal is, therefore, in compliance with density calculations. Please note, however, that due to how lot sizes are calculated, it is not always possible to fit the maximum number of units permitted. As will be discussed further in this decision, the- applicant may end up losing at least one lot in order to provide the required lot area for all lots. Landscaping and screening (Section 18.100) 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. Street trees are shown to be planted along the newly constructed public street (SW 114th Court) and SW Walnut Street. The trees along SW Walnut Street are spaced approximately every 30 feet. The trees shown along SW 114th Court range in spacing between 50 and 80 feet. This proposed spacing does not meet the standards. The~applicant- will. need to_modify the street tree plan along SW 114th Court to provide the-required spacing based on the size r of the tree at-maturity. Buffer Matrix (Section 18.100.130): 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 development abuts single-family residential development. Visual Clearance Areas (Section 18.106): 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 STAFF REPORT TO THE HEARINGS OFFICER 618198 PUBLIC HEARING SUB 98-000/NAR 98-M WALNUT GLEN SUBDIVISION PAGE 13 OF 24 where no curb exists, IL the street center line grade, c that trees exceedin Opt 9 this height may be located in this area, provided all branches below eight feet are removed. This standard will be reviewed at time of development for individual lots. A required street tree at the SW Walnut Street/114th Court intersection appears to be in the vision clearance triangle. A revised plan must be submitted that shows the vision clearance triangle will be in compliance with the standards of the Tigard Development Code. Off Street Parking (Section 18.106): 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 for the individual lots. Access, Egress and Circulation (Section 18.108.070.A): This Section states that 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. Based on the lot frontages, however, each lot has the ability to provide a minimum 10-foot-wide driveway. The plan shows the private drives (Tract "D", "B" and "C") will provide the required' 25-foot access width. 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): 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 144 trees, 12-inch caliper or greater on the site and 32 of those are considered hazardous. The revised narrative states that the proposal will be retaining 33 of the remaining 112 trees. According to these figures, the applicant is retaining 29% of existing, non-hazardous trees 12 inches in caliper or greater and, is thus, required to provide 75% mitigation for those caliper inches removed. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 14 OF 24 s • The-applicant has indict they will mitigate these trees by a: nbination of oversizing the required 2-inch caliper trees with 3-inch caliper trees, planting a minimum of two (2) trees on each lot and fee mitigation payment to the City. Prior to final subdivision plat the applicant must provide the exact number of caliper inches removed and complete the mitigation by planting or bonding for the required trees and/or paying into the tree mitigation fund. If the final number of trees removed is greater than 75%, the applicant must comply with the full 100% mitigation. Section 18.150.045.B states that any tree preserved or retained in accordance with this section may, thereafter, be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.B., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree(s) may be removed only if the tree dies or is hazardous according to a certified arborist. The applicant has not proposed a deed restriction for trees to be retained. In order to comply with these standards, prior to the recording of the final plat, the applicant shall record a deed restriction for those trees that are to be preserved. Prior to issuance of building permits on individual lots, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Improvements: Section 18.164.030(A) states that no development shall occur unless the development has frontage or approved access on a public street and requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. Southwest Walnut Street is classified as a major collector and SW 114th Court will be a local street. The dedication and improvement standards are discussed and conditioned further in this decision under PUBLIC FACILITY CONCERNS. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. 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 which shows Tract "C" extended to serve as a hammerhead providing access to a large undeveloped lot to the east (Tax lot 00403). Initially, it was expected that a public street could be extended through this property and loop back to SW Walnut Street. It is staff's understanding that this is not feasible due to the topography on the adjacent lot, however, this is not confirmed. The property to the east is 2.41 acres and could get 11 lots based on density alone (the actual number of lots possible may be much less due to topography and/or sensitive lands). If Tract "C", a private drive, STAFF REPORT TO THE HEARINGS OFFICER MM PUBLIC HEARING SUB 98.OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 15 OF 24 were permitted as the o access to this lot, it would limit dE Pment to six (6) lots or a planned development. Any development on this lot would further increase the number of lots. accessing off of a cul-de-sac. The issue of Tract "C" providing access to the east is discussed in more detail further in this decision. The property to the west is developed as a single-family subdivision and is not expected to re-develop. The property to the north is wetland area and Summer Creek, therefore, it is not likely for a street to be extended to the north. 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. The criterion is satisfied because SW 114th aligns directly across from the existing street, extending to serve the site. Existing Rights-of-way: Whenever existing right-of-way adjacent to or within a tract are of less than standard width, additional right-of-way shall be provided at the time of subdivision or development. Right-of-way dedication for SW Walnut Street is discussed in more detail further in this decision under PUBLIC FACILITY CONCERNS. Cul-de-sacs: Section 18.164.030(1) 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 500 feet and to allow more than 20 lots to access a cul-de-sac. Staff is recommending approval of the variance requests based upon the findings as contained in Section 18.160.120 of this report. 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 only 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 to take access from the private drive identified as Tract "D". The private drive identified as Tract "B" could potentially provide access to seven (7) lots, however, two (2) of those lots have access on SW 114th Court. The applicant must provide a deed restriction for either lot 10 or 16 prohibiting access from the private drive to insure that no more than six (6) lots take access from the private drive. Since no maintenance agreement has been proposed, the applicant shall be conditioned to provide for a bonded maintenance agreement or a homeowner's association for future maintenance of the street. The issue of Tract C being a public street versus a private street is discussed under PUBLIC FACILITY CONCERNS. STAFF REPORT TO THE HEARINGS OFFICER 618196 PUBLIC HEARING SUB 98-0001NAR 98-M WALNUT GLEN SUBDIVISION PAGE 16 OF 24 Block Design: Section 01 64.040(A) states that the len9thIdth 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 cul-de-sac does not and can not form a perimeter block or decrease the block length. However, this development is exempt, because a street could not be extended to the west due to existing development, to the north due to wetlands and Summer Creek or to the east due to existing topography. A cul-de-sac, therefore, is the only option given the natural topography, wetlands and pre-existing development. Block Lengths: Section 18.164.040(8)(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. A pedestrian access will be available upon the construction of a public street to stub at the eastern lot as discussed in more detail under PUBLIC FACILITY CONCERNS.. 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 or 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 1-3, 5-7 and 9-12 comply with this standard. Lots 4, 8 and 13 provide only 15 feet of frontage. A revised site plan must be submitted that provides all lots with 25 feet of frontage onto a public or private street. Because the lot sizes are so close to the minimum and the access is excluded from the lot area square footage, an increase in the area reserved for a panhandle drive may result in the loss of at least one lot. A final plat with less than 22 lots, however, will be in substantial conformity with this proposal and can still be approved. STAFF REPORT TO THE HEARINGS OFFICER BMW PUBLIC HEARING SUB 98-MINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 17 OF 24 Sidewalks: Section 18:.070 requires sidewalks ad1'oinir Ill residential streets. The applicant must install half-street improvements along SW Walnut Street and will be required to construct full street improvements for the new street. Standard street improvements include sidewalks. City standards do not require sidewalks on private streets. Subdivision Variance - Maximum length and number of lots served by a Cul-de-sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. The 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 can not be extended to adjacent lots with the exception of the lot to the east. In this case, the street would still need to terminate in a cul-de-sac due to the topography on that site. Because of the special circumstances, the applicant has no choice but to provide a cul-de-sac. 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 street extensions limit the proposal to a cul-de-sac. The density permitted for this combination of lots is 23 lots. If the cul-de-sac were permitted to be no greater than 400 feet, it would limit the number of lots able to be developed. In addition, the variance to the maximum number of lots permitted to access a cul-de-sac is needed to provide more closely, the density permitted in this zone. 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 500-foot cul-de-sac and allow two (2) additional lots to have access from the cul-de-sac, will not be detrimental to the public or injurious to the rights of other properties. Granting the variance for the length of the cul-de-sac would allow the length to be 100 feet longer than permitted. The applicant is providing adequate tum-around on the cul-de-sac bulb and the width of the street is sufficient to allow emergency vehicles to pass with parking on both sides. 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. If the regulations were strictly enforced, the property would have to develop fewer lots which would not allow for the most economic and efficient use of the STAFF REPORT TO THE HEARINGS OFFICER 818198 PUBLIC HEARING SUB 98-MINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 18 OF 24 land. The variance req;*ed is the minimum necessary to ~erve the full development potential of the site and allow the development of the proper Ly to a density close to the maximum permitted in the code. PUBLIC FACILITY CONCERNS: Streets: This site lies adjacent to SW Walnut Street, which is classified as a major collector street on the City's Transportation Plan map. Although Walnut Street is still under Washington County jurisdiction, the City entered into an intergovernmental agreement with the County to provide planning and engineering services within the Tigard area. The agreement places the City responsible for planning and engineering decisions related to SW Walnut Street. The roadway is currently paved, within a right-of-way (ROW) measuring approximately 20 feet north of the centerline. The ROW requirement for Walnut Street is 66 feet overall (33 feet from centerline). The ultimate paved width of this roadway will be 44 feet overall. The existing paved improvement is not built to current City standards for width and structural section, so in order to mitigate the additional traffic that will be generated from the project, the applicant will be required to construct a half-street improvement along the frontage of the site. The applicant's plans indicate that they will provide the half-street improvement. Construction plan review and improvement inspection will be coordinated by the City. The applicant also indicates that they will dedicate additional ROW on the final subdivision plat to provide 33 feet from centerline to meet City standards. The applicant submitted a traffic analysis by Lancaster Engineering, dated February 17, 1998, indicating that this project will generate approximately 191 new vehicle trips during an average weekday. Of these new trips, approximately 15 trips will be added to the AM peak hour (an increase of approximately 1.4 percent) and 20 trips added to the PM peak hour (an increase of approximately 1.7 percent). The small increase in traffic resulting from this project is insignificant and does not warrant additional off-site transportation improvements. Proposed Street Layout The applicant's plan indicates that a new local residential street, SW 114th Court, will extend northerly from Walnut Street at the intersection of SW 114th Terrace. Staff approves of the location of the new street because it aligns with the existing centerline of SW 114th Terrace. The proposed street name, however, will need to be modified to comply with City and Washington County addressing policies. The new street name will need to be "SW 114th Place", not "Court'. This change can be made on the final plat and the construction drawings for the public improvements. The new public street is. proposed to be built within a 46-foot ROW and have a paved width of 28 feet. These widths are allowable by the Community Development Code (CDC), but the narrower width necessitates a no parking restriction on one side. The applicant will need to provide "No Parking" signs along one side of the new street. STAFF REPORT TO THE HEARINGS OFFICER 64M PUBLIC HEARING SUB 98-000INAR 98-0002 WALNUT GLEN SUSONISION PAGE 19 OF 24 The-applicant Provideduture Streets Plan" to show how t•treet layout in this project may serve future development, particularly to the east. However, the plan is not very detailed regarding future development of the property immediately east of the private street labeled as Tract C (Tax Lot 403, WCTM 2S1 03AB). Any future development of the adjacent property would necessitate that access be taken from the private street (Tract C). Engineering and Planning staff discussed this issue and believe that a public street stub should be extended to the adjacent undeveloped property to assure adequate public street access for future lots. This would also prevent future disputes regarding access rights to a private street and limitations as to the number of lots that can be served from a private street (the CDC allows only six lots to be served from a private street). The topography on Tax Lot 403 may limit where a public street can be built, so the applicant will need provide a plan and profile of the future street stub to show how it can be constructed on the adjacent property. The "Future Streets Plan" should also be revised to show a realistic lotting pattern for Tax Lot 403 to ensure that the street stub is placed in an appropriate location. This additional information will need to be reviewed by the Planning and Engineering departments prior to construction of the public improvements. The street stub shall be of the same pavement and ROW width as SW 114th Place. Proposed Private Streets The plan proposes a total of three private streets (Tracts B, C and D). Previously, the replacement of Tract C with a public street stub was discussed. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Both Tracts B and D would serve five and three lots respectively, which would comply with the TMC. 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 on the private streets. Water: This subdivision will be served from the City's public water system. There is an existing main water line in SW Walnut Street that can be connected to for the new water line in SW 114th Place. The Public Works Department submitted comments regarding this application indicating that they will need to review a detailed plan of the proposed water system for this project. The detailed review would take place as a part of the overall plan review for the public improvements. Public Works indicates that the minimum water line size to the first fire hydrant will be 8 inches. A second hydrant will likely be required at the end of the cul-de-sac to provide fire protection to Lot 13. A 4-inch line will be required to be extended to north end of Tract B. Line size in Tract C will be dependent upon potential lotting patterns for Tax Lot 403 (NOTE: this is another reason why the applicant must submit a revised "Future Streets Plan" for review). STAFF REPORT TO THE HEARINGS OFFICER 818198 PUBLIC HEARING SUB 98.OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 20 OF 24 Regarding main line loAns, the City requires them to beIft ced on the east or south. side of public streets and a feet from the face of curb. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line located adjacent to the west boundary of this site and an 8-inch line in Walnut Street partly fronting the site. The applicant's plan indicates that they will connect to the existing 8-inch line adjacent to the western boundary near the north end of the site and extend a new main line inside of the project within the public and private street system. A public sewer line will also be extended to Tax Lot 403 for future extension. In general, Staff approves of the preliminary sewer layout, but has a concern about access to the downstream manhole at the very. north end of the site at the northeast comer of Lot 13. It appears that the applicant is proposing to provide access to the water quality facility in Tract A and the downstream manhole via the new driveway for Lot 13. The plan shows Lot 13 as a flag lot with only 15 feet of street frontage. Planning will comment elsewhere in this report about the minimum lot frontage required in a subdivision. Staff is concerned that if access to City facilities is combined with a private driveway, there will be conflicts between parked vehicles and City maintenance equipment attempting to reach the City facilities. Staff recommends the applicant be required to provide one access to the downstream sanitary sewer manhole and Tract A, and a separate access to Lot 13. The access to the manhole and Tract A could be placed within Tract A; the size of Tract A may need to be enlarged to accommodate the access. Storm Drainage: The topography of this site falls primarily to the northeast toward Summer Creek. Summer Creek is located near the northeast comer of the site. The applicant submitted a downstream analysis in accordance with Unified Sewerage Agency standards indicating the additional storm water runoff from this site will not have an adverse impact on the downstream system. Storm water from the site is proposed to be directed to the northeast comer of the site into an on-site water quality facility (Tract A). From there, the storm water will be conveyed across Tax Lot 4200 (WCTM 2S1 03AB), which is an open space tract owned by the City of Tigard, into Summer Creek. The plan indicates that the applicant will request two easements from the City to allow construction of two outfalls from Tract A. Any off-site easements needed shall be obtained by the applicant prior to construction. 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. STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBLIC HEARING SUB 98-OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 21 OF 24 As was discussed abc'the applicant proposes to cons!IO an on-site water quality facility in Tract A. Since this facility will be treating storm water runoff from a public street, it will need to be constructed to meet public standards and will eventually be maintained by the. City. The applicant will be required to maintain the facility for a period of three years after the conditional acceptance date of the public improvements. The facility will need to be placed within a tract, as shown on the preliminary plan, and conveyed to the City on the final subdivision plat. As was stated previously, access to this facility by City maintenance vehicles is required. The construction plans shall indicate a paved maintenance roadway to City standards that will enable vehicles to access the control structure(s) of the facility. This maintenance roadway would also be used to access the downstream sanitary sewer manhole at the northeast comer of Lot 13. 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 Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. 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 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. Adiacent Wetland Area The preliminary plan and project narrative indicate that wetland areas on the City-owned open space (Tax Lot 4200) adjacent to Summer Creek come within 15 feet of the northeast comer of this site. The water quality facility in Tract A will potentially encroach into the USA- required 25-foot buffer adjacent to the wetland. However, the USA standards indicate that a water quality facility can encroach up to 10 feet inside of a wetland buffer provided a wider buffer is provided elsewhere along the wetland. Staff is of the opinion that the minor STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 984MINAR 984002 WALNUT GLEN SUBDIVISION PAGE 22 OF 24 encroachment from TraAwill fall within the acceptable limit:"he USA criteria and there is additional land area on Tax Lot 4200 that provide a much wider buffer than 25 feet. Therefore, Staff does not oppose the location of the project with respect to the adjacent wetland. Existing Overhead Utility Lines: There are existing overhead utility lines along SW Walnut Street. 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 375 lineal feet; therefore the fee would be $ 10,312.50. FINDING: Based on the analysis above, the APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS have not been met. The standards can be met, however, if the applicant complies with the conditions of approval summarized at the beginning of this decision. If the conditions are met, staff can determine that the standards have been met and approval can be granted. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: The cul-de-sac shall have an outside turning radius of 45 feet. The storm drain lateral must be extended to lots 4,5,8,9,7,10,12,13,14 and others having foundation drainage below street level. The water plan is not complete: Provide fire • hydrant at entrance to subdivision at SW Walnut Street and a fire hydrant within the cul- de-sac. No portion of a house shall be more than 500 feet from a fire hydrant. Private streets less than 28 feet wide shall have "no parking signs" and curb markings as required by UFC 902.24 and 901.4-5.2. Provide proper turning radius into Track C drive. Installation of private storm drainage system per Oregon Plumbing Specialty Code (OPSC). The City of Tigard Police Department has reviewed this proposal and has offered no comments or objections. The City of Tigard Water Department has reviewed this proposal and has offered the following comments: The developers engineer must provide detailed plans on sizing/location of water facilities. The minimum line size to the first fire hydrant is 8 inches and a second fire hydrant will be required at the cul-de-sac to provide fire protection to lot 13. Also, we will require that a 4-inch water main be extended to the north end of Track B. Line size in Track C is dependent upon future layout of the parcel owned by Cloud. Water main placement is east and south of the street - six feet from face of curb (in front) STAFF REPORT TO THE HEARINGS OFFICER 618198 PUBLIC HEARING SUB 98-MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 23 OF 24 SECTION VI. AG. CY COMMENTS The Unified Sewerage Agency has reviewed this proposal and has offered comments that have been incorporated into this decision under PUBLIC FACILITY CONCERNS. Tualatin Valley Water District, Washington County, US West, Portland General Electric (PGE), TCI cable, General Telephone, and NW Natural gas have also had the opportunity to review this application and have offered no comments or objections. BDIVtSfONrAPPROYAL:.SMALL=BEVAUD ONL1er..IF:THE.FINAL PLAT IS'SUBMITTED Tt H C~TX~O~ MGARD WLTHtN 15 MONTHS a O$~THE,:EFFECj WE DATE OFnTHISZECISION' C May 28, 1998 PREPA BY: Julia Ha' k DATE Associate Planner - - ' May 28, 1998 APPROVED BY: Richard Be dorff DATE Planning nager iAcurpln4u1ia\sub98-01.doc STAFF REPORT TO THE HEARINGS OFFICER 6/8198 PUBLIC HEARING SUB 98-MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 24 OF 24 ~N TRACr A, m i. wap. x .T<B74 Sr. . 49' ' rY 0 m I 7, 1I SF. \ s I A WADOMME PLAN SCALE: 1 120'1 7619 es \ :q 7.501 F 'R I JI ti a9•, I a a TRACT B' I 7687&F. 111 'a\ Ol?Rl~R CLO:f~--- 7.512 SF. y I I 9e• I r99• ~ X k 7.518F 710 `d 4r \ rR~cr •c' I~ 7,520 SF r 714• 7 aw"t 18 l w 7."9 SF. rr9• m 19 7a o 7sz18 F 7.590 4. I 1r~ Ri'~ l9s IOY 20 k B A 7.507 SF.1:- $?SLT SF. 5 . pfl r '0. Y8• 7.574 Sr w• w se' sr s TRAC D' 21 kI 7,559 Sr 7,5135F. 7,07 ax. g' 7,649 S.F. 91' I 22 ~ to _ - - - RIVERSIDE HOMES 15455 NW GREENBRIAR PKWY, SUITE 1401 BEAVERTON, OREGON 97006 P L I M I AR PLAT TEL: 645-0986 m s . COMPASS CORPORATION WALNUT GLEN SUBDIVISION r E ENGINEERING * SURVEYING * PLANNING TIGARD, OREGON 9594 S.E. LAKE ROAD (503) 653-9093 PHONE MILWAUKIE, OREGON 97222 (503) 953-9095 FAX S C:\4072\4072EXH1, 02/25/99 AT 15:19 - ' E~G H NSS NO.2 ~ ~ ~ ~ ~EADN X %ma r, 'CO .wr sk "IV Ar 10 -4 Ci .k y 0 v ; iA m G , PLpNNtN~ DIVIS10" © of -CIGARD C►JY CITY of TIGARD J OEOOaAPMIC 1"FORMATtON SYSTEM a 9~0 SRO VICINITY MAP M S. ONECT SUB 98-0001 T I E ST WALNUT GLEN Y y SUBDIVISION 1 S J• ~ Qp C~ ~E su W T y - N sw MMIIM F SW [IT ST N 0 400 R00 Fest T 1'- 526 fast CARMEN ST J r 3 ~ City of Tigard QP.~Nf InranneMn an INS mM Is for general loaellon only and should be verISM with the Developnlerd Services Division. AIBE T 13120 SW Hall Blvd - Tigard DR 9777 A (503) 6394171 ~ _ htt<f_/Mww.cl Mgsrd.a.ln Community Development Plot date: Mar 9, 1998: cArnapiclmagicol.apr CITY OF TIGARD Community Development Shaping A Better Community CITY OF TIGARD HEARINGS OFFICER JUNE 8,1998 - 7:00 P.M. G Ni {}D A v. 1. CALL TO ORDER 2. PUBLIC HEARING 2.1. WALNUT GLEN SUBDIVISION Subdivision (SUB) 98-0001 Variance (VAR) 98-0002 LOCATION: The subject properties are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax lots 00600, 00700, 02000, 02100 and 02200. PROPOSAL: The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an area consisting of five (5) lots totaling approximately 220,413 square feet (5.06 acres) into 22 lots ranging between 7,507 square feet to 8,347 square feet; 2. A Variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and 3. A second Variance request to allow 22 lots to have access via a cul-de-sac, whereas, the Code states that no more than 20 lots can have access off of a cul-de-sac. COMPREHENSIVE PLAN DESIGNATIONS: Low Density Residential; 4.5 Dwelling Units Per Acre. ZONING DESIGNATION: R-4.5; Residential, 4.5 Units Per Acre; R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.40, 18.50, 18.84, 18.88 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. . 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING's OFFICER PAGE 2 OF 2 6/8/98 PUBLIC HEARING AGENDA CITY OF TIGARD HEARING'S OFFICER JUNE 8,1998 - 7:00 P.M. TOWN: HALL : . TIGARD`CITYHALL 13125 SW HALL BOULEVARD TIGARD, OR 97223 c4nyone wishing to speak on. An Agenda item should 5%gn..on tl)e: ApproprtAte si n-fin ,heat(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 6/8/98 PUBLIC HEARING AGENDA ~Agenda Item: *88::1998 Hearing Date: Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITY OF TIGARD, FOR THE CITY OF TIGARD, OREGON 4 - Sha A eti~erCornm~cnity SECTION 1. APPLICATION SUMMARY CASES: FILENAME: WALNUT GLEN SUBDIVISION Subdivision SUB 98-0001 Variance VAR 98-0002 PROPOSAL: The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an area consisting of five (5) lots totaling approximately 220,413 square feet (5.06 acres) into 22 lots ranging between 7,507 square feet to 8,347 square feet; 2. A Variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and 3. A second Variance request to allow 22 lots to have access via a cul-de-sac, whereas, the Code states that no more than 20 lots can have access off of a cul-de-sac. APPLICANT: Bill Wagoner APPLICANT'S Ken Sandblast Riverside Homes REP.: Compass Corporation 16666 Greenbrier Pkwy, S-140 6564 SE Lake Road Beaverton, OR 97006 Milwaukie, OR 97222 r OWNERS: Eva Sweeney, Wayne Thompson, Kent and Brenda Wizer, Ken Kvamstrom, and Diane Kvamstrom (Specific site ownership information and addresses available upon request). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 4.5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. LOCATION: The subject properties are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax lots 00600, 00700, 02000, 02100 and 02200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.40, 18.50, 18.84, 18.88 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. SECTION 11. STAFF RECOMMENDATION Staff recommends lthat.the Hi Trigs 'Officer find that ::the :proposed Subdivision will not 'ad~ersely'affect the health; safety and welfare of the Crty .Therefore, , staff recommends APPR01/AL, s:ublect to the following. recommended conditions of approval: STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBLIC HEARING SUB 98-0001NAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 1 OF 24 OCONDITIONS OF APPROVAS BALL: CONDITIONS SHALL`BitSATISFIED`PRIOR TO RECORDINGp h r THE FIIVALPLATWITH WASHINGTQN COUNTFI(.w s~> r (Unless otherwise specified, theff: contact fortall conditions is ' Brian Rager with the Engineering Department at 503 639 4171 a).4 9 1. Provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement, exclusive of access drives. Staff contact, Julia Hajduk (639-4171 x407) 2. Submit a revised plan that shows the proposed setbacks for the existing structure on lot six (6) are met. Staff contact, Julia Hajduk (639-4171 x407) 3. Modify the street tree plan to show the following: A. Spacing of trees along SW 114th Court will be in accordance with the Tigard Development Code based on the mature size of the tree; and B. Submit a plan that shows that no trees are proposed in the vision clearance triangle. Staff contact, Julia Hajduk (639-4171 x407) 4. TREE REMOVAL - The applicant shall: A. Provide the total number of caliper inches removed; B. Mitigate for 75% of the caliper inches removed. If the final number of trees removed exceeds 75% of the existing trees, the applicant must mitigate for 100% of the total caliper inches removed; and C. Record a deed restriction for those trees that are to be preserved. Staff contact, Julia Hajduk (639-4171 x407) 5. Provide a deed restriction for either lot 16 or lot 10 to prohibit access onto the private drive identified as Tract "B". Staff contact, Julia Hajduk (639-4171 x407) 6. Record a deed restriction for lots fronting SW Walnut Street prohibiting direct access onto that street. Staff contact, Julia Hajduk (639-4171 x407) 7. Revise the plan to provide all lots with a minimum of 25 feet of frontage. This includes lots 4, 8 and 13, identified as panhandle lots. Staff contact, Julia Hajduk (639-4171 x407) 8. Obtain a public improvement permit and compliance agreement 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. STAFF REPORT TO THE HEARINGS OFFICER 648198 PUBLIC HEARING SUB 98-OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 2 OF 24 9. Provide the Engirding Department with the name, a ss 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. 10. Provide a construction vehicle access 'and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 11. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to construction of the public improvements. 12. The final plat shall indicate that additional right-of-way will be dedicated for SW Walnut Street to provide 33 feet from centerline. 13. Construct standard half-street improvements along the frontage of SW Walnut Street. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 22 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. curb or curb and gutter; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6-foot concrete sidewalk; F. street striping'; G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); 1. street signs; and J. adjustments in vertical and/or horizontal alignment to construct SW Walnut Street in a safe manner, as approved by the Engineering Department. 14. The final plat shall indicate that the new public street name will be "SW 114th Place". 15. Prior to construction of the public improvements, the applicant shall submit, for City Engineer and Planning Director review, a Future Streets Plan to show how a public street stub can be provided to Tax Lot 403 (WCTM 2S1 03AB). The plan shall show plan and profile of the street stub and how it can tie in with a realistic future lot pattern on Tax Lot 403. Topography of the subject site and Tax Lot 403 will need to be taken into consideration in order to ensure that the street stub is placed in an appropriate location. Final street stub location will be approved by the City Engineer. 16. The right-of-way and pavement widths of the street stub to Tax Lot 403 shall be 46 feet and 28 feet respectively. STAFF REPORT TO THE HEARINGS OFFICER 8!8/98 PUBLIC HEARING SUB 98."lNAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 3 OF 24 17. The right-of-way #pavement widths of SW 114th shall be 46 feet and 28 feet respectively. 18. Both SW 114th Place and the street stub to Tax Lot 403 shall be signed "No Parking" ° on one side of the street. The applicant will be responsible for the costs of these signs and shall delineate on the construction plans which side of the streets will contain the signs. Final sign location and type shall be approved by the City. 19. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the public streets in the subdivision. Improvements shall be designed and constructed to local street standards. 20. A profile of SW Walnut Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 21. Lots 1, 3, 4 and 22 shall not be permitted to access directly onto SW Walnut Street. 22. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private streets will be jointly owned and maintained by the private property owners who abut and take access from them. 23. 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 streets. 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 streets. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 24. The pavement and rock section of the proposed private streets shall meet the City's public street standard for a local residential streets. 25. 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. 26. A maintenance access roadway, built to City standards, shall be provided to serve the downstream sanitary sewer manhole adjacent to the northeast comer of Lot 13 and the proposed water quality facility in Tract A. This maintenance roadway shall be physically separate from the driveway serving Lot 13 and shall be contained within the confines of Tract A. The access roadway shall be a minimum of 15 feet wide. 27. Final design plans and calculations for the proposed public 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 to be approved by the City Engineer. The proposed facility shall be dedicated in a tract STAFF REPORT TO THE HEARINGS OFFICER 8/8/98 PUBLIC HEARING SUB 98.OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 4 OF 24 to the City of Tig*n the final plat. As a part of the Arovement plans submittal, the applicant shall submit an Operations and MaintenanTe Manual for the proposed facility for approval by the Maintenance Services Director. The facilities shall be maintained by the developer for a three-year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. 28. 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." 29. 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). 30. 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. 31. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 32. 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. 33. The applicant shall either place the existing overhead utility lines along SW Walnut Street 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 $ 10,312.50 and it shall be paid prior to approval of the final plat. 34. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The partition 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; and C. Once the City and County have reviewed the plat, submit two mylar copies of the partition plat for City Engineer's signature. STAFF REPORT TO THE HEARINGS OFFICER 64M PUBUC HEARING SUB 98-OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 5 OF 24 PRIOR,TO TH ItJANCE O;F BUILDING PERMIT E" FOLLOWING DITION SHALL BE',SATISFIED` (Unless otherwise noted, the staff contact shall be Brian ~Rager~wf with the Engfineering Department~at 503=6394171 35. Prior to issuance of building permits, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Staff contact. Julia Hajduk (639-4171 x 407) 36. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 37. 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 improvements are completely finished, and 4) all street lights are installed and ready to be energized. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted the staff contact shall be JULIA POWELL HAJDUK with°the Planning--Division at 503-639.4171 ) 38. All site improvements installed as per the approved plans. 39. Plant a minimum of two (2), trees on each parcel as proposed as part of tree mitigation plan. IN ADDITION, THE'APPLICANT SHOULD,BE AWARE OF THE'.. FOLLOWING SECTIONS OF THE'COMMUNITY DEVELOPMENT_ CODE; THIS IS NOTAN 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-OWlNAR 98-0002 WALNUT GLEN SUBMISION PAGE 6 OF 24 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. 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 STAFF REPORT TO THE HEARINGS OFFICER 8/8/98 PUBLIC HEARING SUB 98-MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 7 OF 24 3. Curve points, begog and ending points (PC's and P* 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. 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. 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. STAFF REPORT TO THE HEARINGS OFFICER 8/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDNISION PAGE 8 OF 24 ' THIS OVAL SHALL~BE VALID FOR 1 NTHS FROM THE~EFFECTIVE DATE OF Pik ECISION ; SECTION III. BACKGROUND INFORMATION Site History: Tax lots 02000, 02100 and 02200 were partitioned in 1990 (MLP 90-0004NAR 90-0010) to create the current lots. Tax lot 00600 was annexed in 1992 (ZCA 92-0003). The remaining tax lots were annexed in January of 1983 (staff could not determine the ZCA number associated with that annexation). No other development applications were found to previously have been filed with the City. Vicinity Information: Adjoining properties to the north, south, east and west are zoned R-4.5 (Residential, 4.5 units per acre) and developed with single-family residential uses and vacant lots. The property is bordered on the south by SW Walnut Street. The property to the east is inside the City's Urban Services Area, but outside of city limits. Site Information and Proposal Description: The subject site includes.five (5) lots consisting of approximately 5.06 acres of property. The site is relatively flat in slope except along a portion of the east boundary and at the north end where the slope is between 10% and 20%. There are two (2) residential dwellings in the area to be developed, one of which is proposed to remain on lot six (6). The proposal is to create a total of 22 lots. The proposal also involves a variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and a second variance request to allow 22 lots to take access from a cul-de-sac, whereas, the Code states that the maximum number of lots permitted to take access from a cul-de-sac shall be 20. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 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. STAFF REPORT TO THE HEARINGS OFFICER 6W8 PUBLIC HEARING SUB 98-MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 9 OF 24 Any required street imments to certain collector or hIta/ssures volume streets and the Washington County Tra is Impact Fee (TIF) are mitigation 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 TIF fee will be increasing to 1,899 on July 1, 1998). The applicant is being required to dedicate an additional 13 feet (4862 square feet) of right-of-way along SW Walnut Street and make improvements. 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 per square foot, it is estimated that the total cost of the dedication is $9724 (4862. 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 $37,590 ($1,790 x 21 dwelling units). Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is. $117,469 ($37,590 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $37,590, the unmitigated impact can be valued at $79,879. Given these estimates ($9,724 dedication), the conditions of approval are more than roughly proportional to the impacts. In addition, the applicant has concurred with the improvements and dedication on SW Walnut Street and the construction of SW 114th Court. PRELIMINARY SUBDIVISION PLAT APPROVAL STANDARDS 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. As will be discussed further in this decision under APPLICABLE CODE SECTIONS, the proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as, with the applicable policies and regulations of the R-4.5 zone and other applicable ordinances and regulations of the Tigard Development Code. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant provided evidence of the subdivision name reservation from Washington County. The proposed name of the subdivision, "Walnut Glen", is not duplicative of any other plat recorded in Washington County. 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. STAFF REPORT TO THE HEARINGS OFFICER 6MM PUBUC HEARING SUB 98-MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 10 OF 24 The site does not abu perties with approved plats that&uld require conformity or connectivity. Therefore, ftis criteria is not applicable. Street a'r connectivity standards are discussed in more detail further in this decision. 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. The improvements are discussed in detail and conditions applied, if necessary, further in this decision. FINDING: Based on the above analysis, staff finds that the subdivision plat approval standards have either been met outright, do not apply or are discussed and conditioned in further sections of this decision. APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS Dimensional Requirements (Section 18.50): Section 18.50 states that the minimum lot area for each single-family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet. The proposed lots range between 7,507 and 8,347 square feet. Three of the lots are panhandle lots and staff can not confirm that the square footage indicated is exclusive of the access drive. As will be discussed further in this decision, the access width for the panhandle lots are not adequate and will need to be enlarged to 25 feet. This will most likely reduce the square footages to such an extent that at least one lot could be lost. The applicant must provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement exclusive of access drives. As indicated on the site plan, all proposed lots exceed the 50-foot minimum lot width requirement. Development Standards: Section 18.50.050 contains standards for the R-4.5 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 Feet Front setback 20 Feet Garage setback 20 Feet Interior side yard setback 5 Feet Corner side yard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks for homes on lots 1-5 and 7-22 will be reviewed during the building permit review process. It appears that the setbacks for the house to remain on lot six (6) do not meet the front and rear yard setback requirements. The applicant must submit a revised plan (after all required adjustments are made) that shows the proposed setbacks for the existing structure to remain on proposed lot six (6). Applicable Comprehensive Plan Policies STAFF REPORT TO THE HEARINGS OFFICER 60'98 PUBLIC HEARING SUB 98-OWlNAR 980002 WALNUT GLEN SUBDIVISION PAGE 11 OF 24 Citizen Input: Policy 2 provides the City will assure t itizens will be provided an opportunity to parti pate in all phases of the planninc and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on December 18, 1997 and February 11, 1998. 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 it continues to allow for low density residential development. By providing close to the maximum density, the development is better meeting the City's density needs, and thus contributing to the diversity of housing. Sensitive Lands: Section 18.84 defines sensitive lands and provides standards for review of properties with sensitive lands The are no sensitive lands identified on the site, however, there is a wetland area off site in the direction of Summer Creek. The required wetland buffer is 25 feet. This buffer applies even if the wetland is off-site. The wetland buffer is discussed under Public Facility Concerns in relation to the water quality facility. Solar Access - Section 18.88.040 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. As depicted on the plan, six (6) of the 22 lots (27%) satisfy the basic criteria. Section 18.88.040(E) provides for adjustments to the 80% design standard if compliance would, among other factors cause adverse impacts on density or increases in development costs. The applicant contends that both of these factors are applicable to the subject site due to the fact that compliance would cause a reduction in the proposed lots causing a loss of density and a corresponding increase in development costs. As per the provisions of Section 18.88.040 (E)(1)(a), connection into the existing roadway pattern is required by this application which does not allow compliance with the 80% design standard. In any case, all future single-family detached residences constructed on the subject site will be reviewed for solar balance point standards through the building permit process. Densi : Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 12 OF 24 The gross area of the si* 5.06 acres (220,413 square feet) lee net developable area of the site, after deduction of .68 acres (29,620 square feet) for public right-of-way and .30 acres (13,068 square feet) for private streets, is 177,725 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to 23 lots under the R-4.5 zoning designation. The applicant is proposing 22 lots including the lot for the existing residence. The proposal is, therefore, in compliance with density calculations. Please note, however, that due to how lot sizes are calculated, it is not always possible to fit the maximum number of units permitted. As will be discussed further in this decision, the applicant may end up losing at least one lot in order to provide the required lot area for all lots. Landscaping and screening (Section 18.100) 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. Street trees are shown to be planted along the newly constructed public street (SW 114th Court) and SW Walnut Street. The trees along SW Walnut Street are spaced approximately every 30 feet. The trees shown along SW 114th Court range in spacing between 50 and 80 feet. This proposed spacing does not meet the standards. The applicant will need to modify the street tree plan along SW 114th Court to provide the required spacing based on the size of the tree at maturity. Buffer Matrix (Section 18.100.130): 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 development abuts single-family residential development. Visual Clearance Areas (Section 18.106): 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 STAFF REPORT TO THE HEARINGS OFFICER &SW PUBLIC HEARING SUB 98-MINAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 13 OF 24 where no curb exists, the street center line grade, r pt that trees exceeding this height may be lofted in this area, provided all bra es below eight feet are removed. This standard will be reviewed at time of development for individual lots. A required street tree at the SW Walnut Street/114th Court intersection appears to be in the vision clearance triangle. A revised plan must be submitted that shows the vision clearance triangle will be in compliance with the standards of the Tigard Development Code. Off Street Parking (Section 18.106): 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 for the individual lots. Access, Egress and Circulation (Section 18.108.070.A): This Section states that 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. Based on the lot frontages, however, each lot has the ability to provide a minimum 10-foot-wide driveway. The plan shows the private drives (Tract "D", "B" and "C") will provide the required 25-foot access width. 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): 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 144 trees, 12-inch caliper or greater on the site and 32 of those are considered hazardous. The revised narrative states that the proposal will be retaining 33 of the remaining 112 trees. According to these figures, the applicant is retaining 29% of existing, non-hazardous trees 12 inches in caliper or greater and, is thus, required to provide 75% mitigation for those caliper inches removed. STAFF REPORT TO THE HEARINGS OFFICER MM PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 14 OF 24 The applicant has indic*they will mitigate these trees by a*ainimum bination of oversizing the required 2-inch caliper trees with 3-inch caliper trees, planting of two (2) trees on each lot and fee mitigation payment to the City. Prior to final subdivision plat the applicant must provide the exact number of caliper inches removed and complete the mitigation by planting or bonding for the required trees and/or paying into the tree mitigation fund. If the final number of trees removed is greater than 75%, the applicant must comply with the full 100% mitigation. Section 18.150.045.B states that any tree preserved or retained in accordance with this section may, thereafter, be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.B., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree(s) may be removed only if the tree dies or is hazardous according to a certified arborist. The applicant has not proposed a deed restriction for trees to be retained. In order to comply with these standards, prior to the recording of the final plat, the applicant shall record a deed restriction for those trees that are to be preserved. Prior to issuance of building permits on individual lots, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Improvements: Section 18.164.030(A) states that no development shall occur unless the development has frontage or approved access on a public street and requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. Southwest Walnut Street is classified as a major collector and SW 114th Court will be a local street. The dedication and improvement standards are discussed and conditioned further in this decision under PUBLIC FACILITY CONCERNS. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. 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 which shows Tract "C" extended to serve as a hammerhead providing access to a large undeveloped lot to the east (Tax lot 00403). Initially, it was expected that a public street could be extended through this property and loop back to SW Walnut Street. It is staff's understanding that this is not feasible due to the topography on the adjacent lot, however, this is not confirmed. The property to the east is 2.41 acres and could get 11 lots based on density alone (the actual number of lots possible may be much less due to topography and/or sensitive lands). If Tract "C", a private drive, STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98-0OOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 15 OF 24 were permitted as the ooaccess to this lot, it would limit d pment to six (6) lots or a planned development. Any development on this lot would furrier increase the number of lots accessing off of a cul-de-sac. The issue of Tract "C" providing access to the east is discussed in more detail further in this decision. The property to the west is developed as a single-family subdivision and is not expected to re-develop. The property to the north is wetland area and Summer Creek, therefore, it is not likely for a street to be extended to the north. 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. The criterion is satisfied because SW 114th aligns directly across from the existing street, extending to serve the site. Existing Rights-of-way: Whenever existing right-of-way adjacent to or within a tract are of less than standard width, additional right-of-way shall be provided at the time of subdivision or development. Right-of-way dedication for SW Walnut Street is discussed in more detail further in this decision under PUBLIC FACILITY CONCERNS. 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 500 feet and to allow more than 20 lots to access a cul-de-sac. Staff is recommending approval of the variance requests based upon the findings as contained in Section 18.160.120 of this report. 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 only 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 to take access from the private drive identified as Tract "D". The private drive identified as Tract "B" could potentially provide access to seven (7) lots, however, two (2) of those lots have access on SW 114th Court. The applicant must provide a deed restriction for either lot 10 or 16 prohibiting access from the private drive to insure that no more than six (6) lots take access from the private drive. Since no maintenance agreement has been proposed, the applicant shall be conditioned to provide for a bonded maintenance agreement or a homeowner's association for future maintenance of the street. The issue of Tract C being a public street versus a private street is discussed under PUBLIC FACILITY CONCERNS. STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 16 OF 24 Block Design: Section*164.040(A) states that the lengt*euilding dth and shape of blocks shall be designed with due regard to providing ade sites for the use q 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 cul-de-sac does not and can not form a perimeter block or decrease the block length. 'However, this development is exempt, because a street could not be extended to the west due to existing development, to the north due to wetlands and Summer Creek or to the east due to existing topography. A cul-de-sac, therefore, is the only option given the natural topography, wetlands and pre-existing development. 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. A pedestrian access will be available upon the construction of a public street to stub at the eastern lot as discussed in more detail under PUBLIC FACILITY CONCERNS.. 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 or 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 1-3, 5-7 and 9-12 comply with this standard. Lots 4, 8 and 13 provide only 15 feet of frontage. A revised site plan must be submitted that provides all lots with 25 feet of frontage onto a public or private street. Because the lot sizes are so close to the minimum and the access is excluded from the lot area square footage, an increase in the area reserved for a panhandle drive may result in the loss of at least one lot. A final plat with less than 22 lots, however, will be in substantial conformity with this proposal and can still be approved. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 17 OF 24 Sidewalks: Section 1810.070 requires sidewalks adjoini*ll residential streets. The applicant must install half-street improvements along SW Walnut Street and will be required to construct full street improvements for the new street. Standard street improvements include sidewalks. City standards do not require sidewalks on private streets. Subdivision Variance - Maximum lenqth and number of lots served by a Cul-de-sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. The 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 can not be extended to adjacent lots with the exception of the lot to the east. In this case, the street would still need to terminate in a cul-de-sac due to the topography on that site. Because of the special circumstances, the applicant has no choice but to provide a cul-de-sac. 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 street extensions limit the proposal to a cul-de-sac. The density permitted for this combination of lots is 23 lots. If the cul-de-sac were permitted to be no greater than 400 feet, it would limit the number of lots able to be developed. In addition, the variance to the maximum number of lots permitted to access a cul-de-sac is needed to provide more closely, the density permitted in this zone. 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 500-foot cul-de-sac and allow two (2) additional lots to have access from the cul-de-sac, will not be detrimental to the public or injurious to the rights of other properties. Granting the variance for the length of the cul-de-sac would allow the length to be 100 feet longer than permitted. The applicant is providing adequate turn-around on the cul-de-sac bulb and the width of the street is sufficient to allow emergency vehicles to pass with parking on both sides. 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. If the regulations were strictly enforced, the property would have to develop fewer lots which would not allow for the most economic and efficient use of the STAFF REPORT TO THE HEARINGS OFFICER 818/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 18 OF 24 land. The variance req*ed is the minimum necessary to the full development potential of the site an Ilow the development of the prop*erve to a density close to the maximum permitted in the code. PUBLIC FACILITY CONCERNS: Streets: This site lies adjacent to SW Walnut Street, which is classified as a major collector street on the City's Transportation Plan map. Although Walnut Street is still under Washington County jurisdiction, the City entered into an intergovernmental agreement with the County to provide planning and engineering services within the Tigard area. The agreement places the City responsible for planning and engineering decisions related to SW Walnut Street. . The roadway is currently paved, within a right-of-way (ROW) measuring approximately 20 feet north of the centerline. The ROW requirement for Walnut Street is 66 feet overall (33 feet from centerline). The ultimate paved width of this roadway will be 44 feet overall. The existing paved improvement is not built to current City standards for width and structural section, so in order to mitigate the additional traffic that will be generated from the project, the applicant will be required to construct a half-street improvement along the frontage of the site. The applicant's plans indicate that they will provide the half-street improvement. Construction plan review and improvement inspection will be coordinated by the City. The applicant also indicates that they will dedicate additional ROW on the final subdivision plat to provide 33 feet from centerline to meet City standards. The applicant submitted a traffic analysis by Lancaster Engineering, dated February 17, 1998, indicating that this project will generate approximately 191 new vehicle trips during an average weekday. Of these new trips, approximately 15 trips will be added to the AM peak hour (an increase of approximately 1.4 percent) and 20 trips added to the PM peak hour (an increase of approximately 1.7 percent). The small increase in traffic resulting from this project is insignificant and does not warrant additional off-site transportation improvements. Proposed Street Layout The applicant's plan indicates that a new local residential street, SW 114th Court, will extend northerly from Walnut Street at the intersection of SW 114th Terrace. Staff approves of the location of the new street because it aligns with the existing centerline of SW 114th Terrace. The proposed street name, however, will need to be modified to comply with City and Washington County addressing policies. The new street name will need to be "SW 114th Place", not "Court". This change can be made on the final plat and the construction drawings for the public improvements. The new public street is. proposed to be built within a 46-foot ROW and have a paved width of 28 feet. These widths are allowable by the Community Development Code (CDC), but the narrower width necessitates a no parking restriction on one side. The applicant will need to provide "No Parking" signs along one side of the new street. STAFF REPORT TO THE HEARINGS OFFICER 6/8198 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 19 OF 24 The applicant provided Future Streets Plan" to show how totreet layout in this project may serve future development, particularly to the east. However, the plan is not very detailed regarding future development of the property immediately east of the private street labeled as Tract C (Tax Lot 403, WCTM 2S1 03AB). Any future development of the adjacent property would necessitate that access be taken from the private street (Tract C). Engineering and Planning staff discussed this issue and believe that a public street stub should be extended to the adjacent undeveloped property to assure adequate public street access for future lots. This would also prevent future disputes regarding access rights to a private street and limitations as to the number of lots that can be served from a private street (the CDC allows only six lots to be served from a private street). The topography on Tax Lot 403 may limit where a public street can be built, so the applicant will need provide a plan and profile of the future street stub to show how it can be constructed on the adjacent property. The "Future Streets Plan" should also be revised to show a realistic lotting pattern for Tax Lot 403 to ensure that the street stub is placed in an appropriate location. This additional information will need to be reviewed by the Planning and Engineering departments prior to construction of the public improvements. The street stub shall be of the same pavement and ROW width as SW 114th Place. Proposed Private Streets The plan proposes a total of three private streets (Tracts B, C and D). Previously, the replacement of Tract C with a public street stub was discussed. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Both Tracts B and D would serve five and three lots respectively, which would comply with the TMC. 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 on the private streets. Water: This subdivision will be served from the City's public water system. There is an existing main water line in SW Walnut Street that can be connected to for the new water line in SW 114th Place. The Public Works Department submitted comments regarding this application indicating that they will need to review a detailed plan of the proposed water system for this project. The detailed review would take place as a part of the overall plan review for the public improvements. Public Works indicates that the minimum water line size to the first fire hydrant will be 8 inches. A second hydrant will likely be required at the end of the cul-de-sac to provide fire protection to Lot 13. A 4-inch line will be required to be extended to north end of Tract B. Line size in Tract C will be dependent upon potential lotting patterns for Tax Lot 403 (NOTE: this is another reason why the applicant must submit a revised "Future Streets Plan" for review). STAFF REPORT TO THE HEARINGS OFFICER 64M PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 20 OF 24 Regarding main line to ns, the City requires them to beOced on the east or south side of public streets an n feet from the face of curb. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line located adjacent to the west boundary of this site and an 8-inch line in Walnut Street partly fronting the site. The applicant's plan indicates that they will connect to the existing 8-inch line adjacent to the western boundary near the north end of the site and extend a new main line inside of the project within the public and private street system. A public sewer line will also be extended to Tax Lot 403 for future extension. In general, Staff approves of the preliminary sewer layout, but has a concern about access to the downstream manhole at the very north end of the site at the northeast corner of Lot 13. It appears that the applicant is proposing to provide access to the water quality facility in Tract A and the downstream manhole via the new driveway for Lot 13. The plan shows Lot 13 as a flag lot with only 15 feet of street frontage. Planning will comment elsewhere in this report about the minimum lot frontage required in a subdivision. Staff is concerned that if access to City facilities is combined with a private driveway, there will be conflicts between parked vehicles and City maintenance equipment attempting to reach the City facilities. Staff recommends the applicant be required to provide one access to the downstream sanitary sewer manhole and Tract A, and a separate access to Lot 13. The access to the manhole and Tract A could be placed within Tract A; the size of Tract A may need to be enlarged to accommodate the access. Storm Drainage: The topography of this site falls primarily to the northeast toward Summer Creek. Summer Creek is located near the northeast comer of the site. The applicant submitted a downstream analysis in accordance with Unified Sewerage Agency standards indicating the additional storm water runoff from this site will not have an adverse impact on the downstream system. Storm water from the site is proposed to be directed to the northeast corner of the site into an on-site water quality facility (Tract A). From there, the storm water will be conveyed across Tax Lot 4200 (WCTM 2S1 03AB), which is an open space tract owned by the City of Tigard, into Summer Creek. The plan indicates that the applicant will request two easements from the City to allow construction of two outfalls from Tract A. Any off-site easements needed shall be obtained by the applicant prior to construction. 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8198 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 21 OF 24 As was discussed abs the applicant proposes to cons an on-site water quality facility in Tract A. Since is facility will be treating storm wat runoff from a public street, it will need to be constructed to meet public standards and will eventually be maintained by the. City. The applicant will be required to maintain the facility for a period of three years after the conditional acceptance date of the public improvements. The facility will need to be placed within a tract, as shown on the preliminary plan, and conveyed to the City on the final subdivision plat. As was stated previously, access to this facility by City maintenance vehicles is required. The construction plans shall indicate a paved maintenance roadway to City standards that will enable vehicles to access the control structure(s) of the facility. This maintenance roadway would also be used to access the downstream sanitary sewer manhole at the northeast comer of Lot 13. 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 Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. - 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 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. Adiacent Wetland Area The preliminary plan and project narrative indicate that wetland areas on the City-owned open space (Tax Lot 4200) adjacent to Summer Creek come within 15 feet of the northeast comer of this site. The water quality facility in Tract A will potentially encroach into the USA- required 25-foot buffer adjacent to the wetland. However, the USA standards indicate that a water quality facility can encroach up to 10 feet inside of a wetland buffer provided a wider buffer is provided elsewhere along the wetland. Staff is of the opinion that the minor STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0OOINAR 98-0002 WALNUT GLEN SUBDMSION PAGE 22 OF 24 encroachment from Tra* will fall within the acceptable limit the USA criteria and there is additional land area on Tax Lot 4200 that provide a mucwider buffer than 25 feet. Therefore, Staff does not oppose the location of the project with respect to the adjacent wetland. Existing Overhead Utility Lines: There are existing overhead utility lines along SW Walnut Street. 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 375 lineal feet; therefore the fee would be $ 10,312.50. FINDING: Based on the analysis above, the APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS have not been met. The standards can be met, however, if the applicant complies with the conditions of approval summarized at the beginning of this decision. If the conditions are met, staff can determine that the standards have been met and approval can be granted. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: The cul-de-sac shall have an outside turning radius of 45 feet. The storm drain lateral must be extended to lots 4,5,8,9,7,10,12,13,14 and others having foundation drainage below street level. The water plan is not complete: Provide fire hydrant at entrance to subdivision at SW Walnut Street and a fire hydrant within the cul- de-sac. No portion of a house shall be more than 500 feet from a fire hydrant. Private streets less than 28 feet wide shall have "no parking signs" and curb markings as required by UFC 902.24 and 901.4-5.2. Provide proper turning radius into Track C drive. Installation of private storm drainage system per Oregon Plumbing Specialty Code (OPSC). The City of Tigard Police Department has reviewed this proposal and has offered no comments or objections. The City of Tigard Water Department has reviewed this proposal and has offered the following comments: The developers engineer must provide detailed plans on sizing/location of water facilities. The minimum line size to the first fire hydrant is 8 inches and a second fire hydrant will be required at the cul-de-sac to provide fire protection to lot 13. Also, we will require that a 4-inch water main be extended to the north end of Track B. Line size in Track C is dependent upon future layout of the parcel owned by Cloud. Water main placement is east and south of the street - six feet from face of curb (in front) STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98.0001NAR 98-M WALNUT GLEN SUBDIVISION PAGE 23 OF 24 SECTION VI. AG&CY COMMENTS • The Unified Sewerage Agency has reviewed this proposal and has offered comments that have been incorporated into this decision under PUBLIC FACILITY CONCERNS. Tualatin Valley Water District, Washington County, US West, Portland General Electric (PGE), TCI cable, General Telephone, and NW Natural gas have also had the opportunity to review this application and have offered no comments or objections. SUBDIVISION-APPROUAL SHALL BE°VALID ONLY`; IF THE FINAL PLAT :x n IS'SUBMITTED TO THE'CITY OF TIGARDWITHIN 18yMONTHS ry OF THE EFFECTIVE DATE OF~THIS DECISION May 28, 1998 PREPA BY: Julia Ha' k DATE Associate Planner - May 28, 1998 APPROVED BY: Richard Be dorff DATE Planning pager iAcurpln~ ulia\sub98-01.doc STAFF REPORT TO THE HEARINGS OFFICER 8/8198 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBMISION PAGE 24 OF 24 - , 1 _ HEIGHTS N RON 121' i Tau ~ cif y lv~'i a ~ p S^. If IY~.• i~ ya~~~i Ikk f / 5 woo - &W.114TH COURT q -r------' _ / @ . Uwe rp ~ ~ 00 . O v / Co- to Co Go o \ co- CAP DIIVIS'ON v + ' PL.ANNtNG AR~ Of: TIG CITY c CITY of TIGARD T J OE00 RAVNlc iNFOR NATION SYSTEM Q O 2a 9~0 w F TIGARD VICINITY MAP O M ONECT 0 D SUB 98-0001 D T RINE ST WALNUT GLEN Y SUBDIVISION D C rti > Qp sv Q W P T 3 co N SW SAW tN > F SW ER L ST N a 0 400 800 Feet 1'= 528 feel 17 CARMEN ST a J 3 QP~N~\NpE~ City Of Tigard Informal on on this map is for general locatlon only and should be verified With the Development Services Division. ALBERT ST 13125 SW Han Blvd WA Tigard. OR 97223 LT (503) 839.4171 http:/Aw .cI.Ogard.or.us Community Development Plot date: Mar 9, 1998: c:\magic\magic01.apr • v_ a v e t i . pi.' Q) Site Development On Indicating: *No. of Copies _ 1. The proposed site and surrounding properties 2. Contour line intervals 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties (b) Proposed streets or other public ways & easements I on the site (c) Alternative routes of dead end or proposed streets ' that require future extension 4. The location and dimension of: (a) Entrances and exits on the site (b) Parking and circulation areas (c) loading and services area (d) Pedestrian and bicycle circulation (e) Outdoor common areas (f) Above ground utilities 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site (b) Proposed structures, improvements, utilities and easements Y~ on the site v 6. Storm drainage facilities and analysis of downstream' conditions 7. Sanitary sewer facilities 8. The location areas to be landscaped 9. The location and type of outdoor lighting considering crime prevention techniques 10. The location of mailboxes 11. The location of all structures and their orientation 12. Existing or proposed sewer reimbursement agreements 7 C) Grading Plan Indicatine: No. of Copies I 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 0 (c) Soil stabilization proposal(s) 0 (d) Approximate time of year for the proposed site development 0 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report o (b) The validity of sanitary sewer and storm drainage service proposals 0 (c) That all problems will be mitigated and how they will be mitigated LANO USE APPLICATION I LIST PAGE 2 OF 5 D) Architectural Draw' s Indicatin : •No. of Copies 142 1 The site developm plan proposal shall include: 1. Floor plans indicating the square footage of all structures proposed for use on-site , 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: No. of Copies i g 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 2. Location and height of fences, buffers and screenings 3. Location of terraces, decks, shelters, play areas, and common open spaces e7~ 4. Location, type, size and species of existing and proposed plant materials e--*- 5. Landscape narrative which also addresses: (a) Soil conditions (b) Erosion control measures that will be used F) Sign Drawines• ❑ Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. G) Traffic Generation Estimate: 7 C? E c H) Preliminary Partition/Lot Line Adiustment Mao Indicating: No. of Copies 1. The owner of the subject parcel 2. The owner's authorized agent ❑ 3. The map scale (20,50,100 or 200 feet-1) inch north arrow and d ❑ 4. Description of parcel location and boundaries ❑ 5. Location, width and names of streets, easements and oth ublic ways within and adjacent to the parcel . ❑ 6. Location of all permanent buildings on and wit ' 25 feet of all property lines ❑ 7. Location and width of all water cours ❑ 8. Location of any trees within 6" or eater caliper at 4 feet above ground level 9. All slopes greater than 25" ❑ 10. Location of existing ut' ' ies and utility easements ❑ 11. For major land pa on which creates a public street: (a) The propo d right-of-way location and width ❑ (b) A scale cross-section of the proposed street plus any reserve strip ❑ 12. Any applic le deed restrictions ❑ 13. Evidenc hat land partition will not preclude efficient future land divisi where applicable ❑ LAND USE APPLICATION / LIST PACE 3 OF 3 1) Subdivision Prelimiumv Plat Ma and Data Indicatin : ~o. of Copies 1. Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet ❑ 2. The proposed name of the subdivision 3. Vicinity map showing property's relationship to arterial and collector streets ❑ 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 ownerf 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% / ❑ 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 ❑ (b) Public and private sanitary and storm serer lines ❑ (c) Domestic water mains including fire hydrants ❑ (d) Major power telephone transmission/fines (50,000 volts or greater) ❑ (e) Watercourses ❑ M Deed reservations for parks, operr 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 firehydrants ❑ 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) C3 14. The location of all areas subject to inundation or storm water overflow ❑ 15. Location, width &~direction of flow of all water courses & drainage-ways ❑ 16. The proposed lo>yconfigurations, 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 aboe ground level, and the location of proposed tree plantings ❑ 18. The existing uses of the property, including the location of all structures and th~/present uses of the structures, and a statement of which structures are to/remain after platting ❑ 19/(a) emental information including: Proposed deed restrictions (if any) ❑ Proof of property ownership ❑ A proposed plan for provision of subdivision improvements ❑ 20g natural features including rock outcroppings, wetlands & marsh areas ❑ of the foregoing information cannot practicably be shown on the minary plat, it shall be incorporated into a narrative and submitted with the application LAND USE APPLICATION / LIST PACE 4 OF 5 J) Solar Access Calculations: a K) Other Information No. of Copies E3 Gr~4~_C! [!C/nom i~ /4 h-~Jogintipam,Amasters\ cdlist.mst .mav I], 1995 LAND USE APPLICATION I LIST PACE 3 OF 5 • CITY OF TICARD 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: ~T(jlv-,- Date: I1-17- APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE / MARKED ITEMS A) Application form (1 copy) t/a B) Owner's signature/written authorization C) Title transfer instrumentlor grant deed D) Applicant's statement o. of Co ies /F_ E) Filing Fee SITE-SPECIFIC MAP(SVPLAN(S) SUBMITTAL REQUIREMENTS INCLUDE/ MARKED ITEMS A) Site Information showing: No. of Copies 1. Vicinity map 2. Site size & dimensions ~ 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) L / 4. Drainage patterns, courses, and ponds W 5. Locations of natural hazard areas including: o (a) Floodplain areas (b) Slopes in excess of 25% (c) Unstable ground (d) Areas with high seasonal water table o (e) Areas with severe soil erosion potential o (f) Areas having severely weak foundation soils o 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 8. Location of existing structures and their uses type of on and off-site noise sources ~ 9. Location and 10. Location of existing utilities and easements 11. Location of existing dedicated right-of-ways LAND USE APPLICATION / LIST PAGE 1 OF 3 CITY OF TIGARD Community Deve(opment Shaping :A. Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, JUNE 8, 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: SUBDIVISION (SUB) 98-0001 VARIANCE (VAR] 98-0002 FILE TITLE: WALNUT GLEN SUBDIVISION APPLICANT: Bill Wagoner APPLICANTS Ken Sandblast Riverside Homes REPRESENTATIVE: Compass Corporation 16666 Greenbrier Parkway, Suite 140 6564 SE Lake Road Beaverton, OR 97006 Milwaukie, OR 97222 OWNERS: Eva Sweeney, Wayne Thompson, Kent & Brenda Wizer, Ken Kvamstrom, and Dianne Kvamstrom (Ownership location and addresses available upon request). REQUEST ➢ The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-two (22) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. The Applicant states that existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO NDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL NTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - 'ELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE .RRANGEMENTS. oB 98.00011VAR 98-0002 WALNUT GLEN SUBDIVISION NOTICE OF 6/8/98 HEARING'S OFFICER PUBLIC HEARING ANYONE WISHING TO PRESENT 'TTEN TESTIMONY ON THIS PROPO ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEA. ORAL TESTIMONY MAY BE PREED 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 MAY 19, 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 197763(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 (25t) 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 (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK. ASSOCIATE PLANNER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. y, y F jfl`~~-t N H DSO )EC s I u_ n SUB 98.OWlNAR 98.0002 WALNUT GLEN SUBDIVISION NOTICE OF 6098 HEARING'S OFFICER PUBLIC HEARING DateTme•Stamps.: >f. T . 777 Records -Request Form: = { City of Tigard, Oregon'.., 57 % Date Tune 1. 1 'HU Requested = 9 ~j 9 Needed: Needed: / ,h Department: Requested By: Requested For: _ s - - - - 9 41 DI I. C-N, Description of Re rds Requested: 106-k- --mA /,j -k Incley 700 moo -o' 22fla. ti . _ - is - eY! - _ -.r,,,":.-.[. _ - _ _ - _r' - Request for Microfilm: Microfilm. Copying Instructions:.. • - mot, - - ar - - _ Sheet Number(s) Row Number Frame Number Sheet Numbers Row Number Frame Number Sheet Number(s) Row Number Frame Number FOR RECORDS STAFF USE ONLY Number of rime Spent: Number of Files Removed: Photocopies Number of Roll Film: Fiche: Microfilm Copies: 35mm - (Number of Sheets) , 16mm Files File Performed By: - Removed By: Return Date: .•%RECORDSITEMPLATEIREQUEST.DOT _ - .z 4 ; 7 7 JAN-28 9a-LLLjZ FROM: WASH CO SURUEYOR 503-681-2909 TO:5036539095 PAGE:01101 O C T- 2-9-7 T H V I #2G COMPASS E N G R S P-01 Acaz-~, WASHINGTON COUNTY PA LAND USE AND TRANSPORTATION ~ e 5+ SURVEYOR'S OFFICE ~ J e amnBroZ 'ISSXOW IFXA.'r MAlffXI%TQ 1 request that the Washingtop County Surveyor's Office reserve, the following subdivision name: PROPOSED NAME OF-SUBDIVISI0N: WALNUT, its 6p' LE N MAp AND TAX LOT NUM>3ER: Z$-113A T.L. 700 (Par ition Plat 1990-033) FFY MICTION (Which Clty?) URISDICTION: TIGARD R'S NAME; COMPASS CORPORATION Don Devlaeminck NAME: RIVERSIDE HOMES I understand that if the name is not used within two years, it will be automatically canceled. Name of person reserving name: Ken Sandblast Address: ;'6564 SE Lake Road Milwaukie, OR 97222 TelephAnA number: 653-9093 Fax number. 653 - Signature! Date: -J, 11r roved / Washington Caunry Surveyor's Offict Past-it' Fax Note 7671 Date _ Z 0^ge,► To TI From L /A/ QA? ColDepl. ` Co. w S a. !bw P w-# phones &Bf--3 _ 155 North fir$t ens, Sulte 350- 7 5 t Fax a ( S:3 9 Fe: a o .ANAAGO~SlIRVBV~ HAfiE;5U9NAM6.OOC ~ i SETTING THE STANDARD FOR SER VICE EXCELLENCE Facsimile To: Company: 9v''-:!r Phone: 5- g D 9 3 Fax: 6$ 3 - 9o9S From: ~,/,9 /~9 d✓~ Company: City of Tigard Phone: (503) 639-4171 x Y6 Fax: (503) 684-7297 Date: ! ~B Pages including this page: 5 COMMENTS: I1~ v sc Ale 1 `S c 11215CIV-C24 . ~ f~ r ~ G~i/~/1~ d Con /yl 2 RTOR r" l' r'S /S 00, d oo'/~ r cYesire e ZL Mr n ~'CAf~ dzW 1 v r" ~ /''or .S r /!t ~~a r City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 PLEASE DELIVER THIS FAX IMMEDIATELY I. 022/04/1998 14:44 503653 COMPASS ENGIN rn NG PAGE 01 COMPASS CORPORATION ENGINEERING - SURVEYING - PLANNING W E 6564 S.E. Lake Road (503)653-9093 5 NMwaukie, Oregon 97222 FAX (503)653-9095 TELECOMMUNICATION COVER LETTER PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: Julia Hajduk DATE: February 4, 1998 FIRM: City of Tigard TIME: 2c30pm TELECOPIER NO.: 684-7297 JOB/CLIENT 4072 FROM: Ken Sandblast # OF PAGES FOLLOWING: 1 ORIGINALS: ( } Will be sent via Regular Mail ( ) Will be sent via (X) Will NOT be sent COMMENTS: N I • 02/04/1998 14:44 503653 COMPASS ENGIN NG PAGE 02 I ~ - O 'r O ' 0 0 00 0 i 14 Y .8,4.5 SF~ M rT 5, O nC 00 ; c do CS ✓1a~ J e J q 015 0' - . FR 49 0 7,511 S F O pole pJ Z584'S.' / 9~ 0.0\ 6 ! 7,15 ' cb oR cRER 1ER UAR. 0 1 0 0 exrsnrc WE toCA170w(77?) ,fl q O •Ly p 7,600 SF. 0 O 0 o O 0 p O 170q 0 .7. 76 51;0 O r'~1 soh - 1/ 7.578 5F - 07.eA4 S .F ,r3., i, o O p , 19 ;;,f 7.854 SF~ O I 10 0 '8,0275$ 0 E; '00 1 1 00 r z 7,566 5F. 8 7924 SF,. 7518 S? 0. C? \ . - • 7 7,684 5F 10,1G4 S.F-9 i 7,510 SF- ,j••.. i •-Q 17~• y~ .7.7T SF. i • . 0 6'' 23 . $ 7,521 S.F. 7,11W s,~f- PRELIMINARY PLAT COMPASS CORPORATION WALNUT GLEN SUBDIVISION W +G MVEYnM rsnKr G ` 6564 S.E. LAKE ROAD (503) 631-9093 PHONE itL V i3iV7 E BIOMES • MILWAUKIE, OREGON 97222 (503) 653-9095 FAX qq t~5} nGARD, OREGON PLAN ~2 SCALE 1~ = 10V~ MEMORANDUM CITY OF TIGARD, OREGON DATE: May 27, 1998 TO: Julia Hajduk, Planning Division FROM: Brian Rager, Development Review Engineer RE: SUB 98-0001, Walnut Glen Subdivision Description: The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres into 23 single-family lots. The site is located adjacent to the north side of SW Walnut Street at its intersection with SW 114th Terrace (WCTM 2S1 03AB, Tax Lots 600, 700, 2000, 2100 and 2200). Findings: 1. Streets: This site lies adjacent to SW Walnut Street, which is classified as a major collector street on the City's Transportation Plan map. Although Walnut Street is still under Washington County jurisdiction, the City entered into an intergovernmental agreement with the County to provide planning and engineering services within the Tigard area. The agreement places the City responsible for planning and engineering decisions related to SW Walnut Street. The roadway is currently paved, within a right-of-way (ROW) measuring approximately 20 feet north of the centerline. The ROW requirement for Walnut Street is 66 feet overall (33 feet from centerline). The ultimate paved width of this roadway will be 44 feet overall. The existing paved improvement is not built to current City standards for width and structural section, so in order to mitigate the additional traffic that will be generated from the project, the applicant will be required to construct a half-street improvement along the frontage of the site. The applicant's plans indicate that they will provide the half-street improvement. Construction plan review and improvement inspection will be coordinated by the City. ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 1 i • The applicant also indicates that they will dedicate additional ROW on the final subdivision plat to provide 33 feet from centerline to meet City standards. The applicant submitted a traffic analysis by Lancaster Engineering, dated February 17, 1998, indicating that this project will generate approximately 191 new vehicle trips during an average weekday. Of these new trips, approximately 15 trips will be added to the AM peak hour (an increase of approximately 1.4 percent) and 20 trips added to the PM peak hour (an increase of approximately 1.7 percent). The small increase in traffic resulting from this project is insignificant and does not warrant additional offsite transportation improvements. Proposed Street Layout The applicant's plan indicates that a new local residential street, SW 114th Court, will extend northerly from Walnut Street at the intersection of SW 114th Terrace. Staff approves of the location of the new street because it aligns with the existing centerline of SW 114th Terrace. The proposed street name, however, will need to be modified to comply with City and Washington County addressing policies. The new street name will need to be "SW 114th Place", not "Court". This change can be made on the final plat and the construction drawings for the public improvements. The new public street is proposed to be built within a 46-foot ROW and have a paved width of 28 feet. These widths are allowable by the Community Development Code (CDC), but the narrower width necessitates a no parking restriction on one side. The applicant will need to provide "No Parking" signs along one side of the new street. The applicant provided a "Future Streets Plan" to show how the street layout in this project may serve future development, particularly to the east. However, the plan is not very detailed regarding future development of the property immediately east of the private street labeled as Tract C (Tax Lot 403, WCTM 2S1 03AB). Any future development of the adjacent property would necessitate that access be taken from the private street (Tract C). Engineering and Planning staff discussed this issue and believe that a public street stub should be extended to the adjacent undeveloped property to,assure adequate public street access for future lots. This would also prevent future disputes regarding access rights to a private street and limitations as to the number of lots that can be served from a private street (the CDC allows only six lots to be served from a private street). ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 2 The topography on Tax Lot 403 may limit where a public street can be built, so the applicant will need provide a plan and profile of the future street stub to show how it can be constructed on the adjacent property. The "Future Streets Plan" should also be revised to show a realistic lotting pattern for Tax Lot 403 to ensure that the street stub is placed in an appropriate location. This additional information will need to be reviewed by the Planning and Engineering departments prior to construction of the public improvements. The street stub shall be of the same pavement and ROW width as SW 114th Place. Proposed Private Streets The plan proposes a total of three private streets (Tracts B, C and D). Previously, the replacement of Tract C with a public street stub was discussed. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Both Tracts B and D would serve five and three lots respectively, which would comply with the TMC. 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 on the private streets. 2. Water: This subdivision will be served from the City's public water system. There is an existing main water line in SW Walnut Street that can be connected to for the new water line in SW 114th Place. The Public Works Department submitted comments regarding this application indicating that they will need to review a detailed plan of the proposed water system for this project. The detailed review would take place as a part of the overall plan review for the public improvements. Public Works indicates that the minimum water line size to the first fire hydrant will be 8 inches. A second hydrant will likely be required at the end of the cul-de-sac to provide fire protection to Lot 13. A 4-inch line will be required to be extended to north end of Tract B. Line size in Tract C will be dependent upon potential lotting patterns for Tax Lot 403 (NOTE: this is another reason why the applicant must submit a revised "Future Streets Plan" for review). ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 3 Regarding main line locations, the City requires them to be placed on the east or south side of public streets and 6 feet from the face of curb. 3. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line located adjacent to the west boundary of this site and an 8-inch line in Walnut Street partly fronting the site. The applicant's plan indicates that they will connect to the existing 8-inch line adjacent to the western boundary near the north end of the site and extend a new main line inside of the project within the public and private street system. A public sewer line will also be extended to Tax Lot 403 for future extension. In general, Staff approves of the preliminary sewer layout, but has a concern about access to the downstream manhole at the very north end of the site at the northeast corner of Lot 13. It appears that the applicant is proposing to provide access to the water quality facility in Tract A and the downstream manhole via the new driveway for Lot 13. The plan shows Lot 13 as a flag lot with only 15 feet of street frontage. Planning will comment elsewhere in this report about the minimum lot frontage required in a subdivision. Staff is concerned that if access to City facilities is combined with a private driveway, there will be conflicts between . . parked vehicles and City maintenance equipment attempting to reach the City facilities. Staff recommends the applicant be required to provide one access to the downstream sanitary sewer manhole and Tract A, and a separate access to Lot 13. The access to the manhole and Tract A could be placed within Tract A; the size of Tract A may need to be enlarged to accommodate the access. 4. Storm Drainage: The topography of this site falls primarily to the northeast toward Summer Creek. Summer Creek is located near the northeast corner of the site. The applicant submitted a downstream analysis in accordance with Unified Sewerage Agency standards indicating the additional storm water runoff from this site will not have an adverse impact on the downstream system. Storm water from the site is proposed to be directed to the northeast corner of the site into an on-site water quality facility (Tract A). From there, the storm water will be conveyed across Tax Lot 4200 (WCTM 2S1 03AB), which is an open space tract owned by the City of Tigard, into Summer Creek. The plan indicates that the applicant will request two easements from the City to allow construction of two outfalls from Tract A. Any offsite easements needed shall be obtained by the applicant prior to construction. ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 4 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 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. As was discussed above, the applicant proposes to construct an on-site water quality facility in Tract A. Since this facility will be treating storm water runoff from a public street, it will need to be constructed to meet public standards and will eventually be maintained by the City. The applicant will be required to maintain the facility for a period of three years after the conditional acceptance date of the public improvements. The facility will need to be placed within a tract, as shown on the preliminary plan, and conveyed to the City on the final subdivision plat. As was stated previously, access to this facility by City maintenance vehicles is required. The construction plans shall indicate a paved maintenance roadway to City standards that will enable vehicles to access the control structure(s) of the facility. This maintenance roadway would also be used to access the downstream sanitary sewer manhole at the northeast corner of Lot 13. 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 Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 5 from the City prior to construction. This permit will be issued along with the site and/or building permit. 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 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. Adjacent Wetland Area The preliminary plan and project narrative indicate that wetland areas on the City-owned open space (Tax Lot 4200) adjacent to Summer Creek come within 15 feet of the northeast corner of this site. The water quality facility in Tract A will potentially encroach into the USA-required 25-foot buffer adjacent to the wetland. However, the USA standards indicate that a water quality facility can encroach up to 10 feet inside of a wetland buffer provided a wider buffer is provided elsewhere along the wetland. Staff is of the opinion that the minor encroachment from Tract A will fall within the acceptable limits of the USA criteria and there is additional land area on Tax Lot 4200 that provide a much wider buffer than 25 feet. Therefore, Staff does not oppose the location of the project with respect to the adjacent wetland. 7. Existing Overhead Utility Lines: There are existing overhead utility lines along SW Walnut Street. 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 ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 6 • i contains the overhead lines. The frontage along this site is 375 lineal feet; therefore the fee would be $ 10,312.50. 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 approval of the final plat, 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. 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. 4. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 7 5. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to construction of the public improvements. 6. The final plat shall indicate that additional right-of-way will be dedicated for SW Walnut Street to provide 33 feet from centerline. 7. The applicant shall construct standard half-street improvements along the frontage of SW Walnut Street. The improvements adjacent to this site shall include: a. City standard pavement section from curb to centerline equal to 22 feet b. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage c. curb or curb and gutter d. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff e. 6-foot concrete sidewalk f. street striping g. streetlights as determined by the City Engineer h. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities) i. street signs j. adjustments in vertical and/or horizontal alignment to construct SW Walnut Street in a safe manner, as approved by the Engineering Department. 8. The final plat shall indicate that the new public street name will be "SW 114th Place". 9. Prior to construction of the public improvements, the applicant shall submit, for City Engineer and Planning Director review, a Future Streets Plan to show how a public street stub can be provided to Tax Lot 403 (WCTM 2S1 03AB). The plan shall show plan and profile of the street stub and how it can tie in with a realistic future lot pattern on Tax Lot 403. Topography of the subject site and Tax Lot 403 will need to be taken into consideration in order to ensure that the street stub is placed in an appropriate location. Final street stub location will be approved by the City Engineer. 10. The right-of-way and pavement widths of the street stub to Tax Lot 403 shall be 46 feet and 28 feet respectively. 11. The right-of-way and pavement widths of SW 114th Place shall be 46 feet and 28 feet respectively. ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 8 12. Both SW 114th Place and the street stub to Tax Lot 403 shall be signed "No Parking" on one side of the street. The applicant will be responsible for the costs of these signs and shall delineate on the construction plans which side of the streets will contain the signs. Final sign location and type shall be approved by the City. 13. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the public streets in the subdivision. Improvements shall be designed and constructed to local street standards. 14. A profile of SW Walnut Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 15. Lots 1, 3, 4 and 22 shall not be permitted to access directly onto SW Walnut Street. 16. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private streets will be jointly owned and maintained by the private property owners who abut and take access from them. 17. 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 streets. 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 streets. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 18. The pavement and rock section of the proposed private streets shall meet the City's public street standard for a local residential streets. 19. 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. ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 9 20. A maintenance access roadway, built to City standards, shall be provided to serve the downstream sanitary sewer manhole adjacent to the northeast corner of Lot 13 and the proposed water quality facility in Tract A. This maintenance roadway shall be physically separate from the driveway serving Lot 13 and shall be contained within the confines of Tract A. The access roadway shall be a minimum of 15 feet wide. 21. Final design plans and calculations for the proposed public 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 to be approved by the City Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard on the final plat.. As a part of the improvement plans submittal, the applicant shall submit an Operations and Maintenance Manual for the proposed facility for approval by the Maintenance Services Director. The facilities shall be maintained by the developer for a three-year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. 22. 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. 23. 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). 24. 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. 25. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 26. 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 ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 10 if special grading inspections and/or permits will be necessary when the lots develop. 27. The applicant shall either place the existing overhead utility lines along SW Walnut Street 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 $ 10,312.50 and it shall be paid prior to approval of the final plat. 28. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition 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. C. Once the City and County have reviewed the plat, submit two mylar copies of the partition plat for City Engineer's signature. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 29. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 30. 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 improvements are completely finished, and 4) all street lights are installed and ready to be energized. ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 11 IN 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. 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. ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 12 • 0 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. 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. ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 13 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. 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 ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 14 0 grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL:.BE VALID FOR 1BMONTHS. FROM THE EFFECTIVE>.DATE OF, THIS DECISION i:\eng\brianr\comments\sub98-01. bdr ENGINEERING COMMENTS SUB 98-0001 Walnut Glen Subdivision PAGE 15 T 0 UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM RECEIVED PLANNING DATE: May 5, 1998 MAY 0 8 1998 TO: Julia Powell Hajduk, City of Tigard ~ CITY OF TIGARD FROM: Julia Huffman, USA SUBJECT: Walnut Glen Subdivision, SUB 98-0001, VAR 98-0002 SANITARY SEWER Each lot within the development should be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewerage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to uphill adjacent properties, or extend service as required by R&O 96-44. 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. SENSITIVE AREA A "Sensitive Area" exists (may exist). Developer must preserve a 25-foot corridor as described in R&O 96-44 separating the sensitive area from the impact of development. The wetland/sensitive area shall be identified on plans. EROSION CONTROL A joint 1200-C erosion control permit is required. 155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621 Hillsboro, Oregon 97124 FAX: 503/640-3525 • REQUEST FOR COMMENO CITY OFTIGARD Community Development RECEIVED PLANNING Shaping A Better Community DATE: April 17,1998 TO: Mike Matney, US West Communications MAY 0 41998 FROM: City of Tlgard Planning Division STAFF CONK F 7C411111111 Powell Nalduk, Associate Planner Phone: 15031639-0171 Fax: (50316847297 RE: SUBDMSION [SUB] 98-0001MARIANCE [VARI 98-0002 WALNUT GLEN SUBDIVISION Q The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or. 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.150, 18.160 and 18.164. Attached is the Site Plan. ftinft 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: (MONDAY-APRIL 27,19981 . 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 CNECK 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: (Please p=,iie the forving information) Name of Person[s] Commenting: Phone Number[s]: SUB 98-0001NAR 98.0002 WALNUT GLEN SUBDIVISION PROPOSAUREOUEST FOR COMMENTS • REQUEST FOR COMMENIN CITY OFTIGARD RECEIVED PLANNING Community Development Shaping A Better Community DATE: April 17, 1998 APR 2 2 1998 TO: Brian Moore, PGE Service Design Consultant CI1Y OF TtGARD FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Halduk. Associate Planner Phone: [5031639-4fl1 Fax: [50316847297 RE: LL > SUBDIVISION (SUB) 98-0001/VA11IANCE 19ABJ 984002 WALNUT GLEN SUBDIVISION Q The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.150, 18.160 and 18.164. Attached is the Site Plan, VICinlty Map and A00110m'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: (MONDAY -APRIL 27.19981. You may use the space provided below or attach a separate letter to return your comments. 9 you Ore 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: (Please provide the forme information) Name of Person[s] Commenting: 4-2 _'125 Phone Number(s): S1o -4AO'~- SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PROPOSAUREOUEST FOR COMMENTS • REQUEST FOR COMMENR Cn'YOFTIOARD RECEIVED PLANNING Community Development Shaping A Better Community DATE: April 17, 1998 APR 2 4 1998 TO: Jim Wolf, Tigard Police Department Crime Prevention OW OF TIGARD FROM: City of Tigard Planning Division STAff CONTACT: Julia Powell NalduK Associate Planner Pbsne: [5031639.4171 fax: [50316847297 RE: SUBDMSION (SUB) 98-0001/VARIANCE IVARI 98-0002 WALNUT GLEN SUBDIVISION Q = The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.150, 18.160 and 18.164. Attached is the Site Plan, VICintty Map and AopllC81lfS 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: [MONDAY-APRIL 27, 19981. You may use the space provided below or attach a separate letter to return your comments. B 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. JP CHECK THE FOLLOWING MMS TNT 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: (Please provide the farina infommtion) Name of Personts] Commenting: Phone Numbeft: --k -'3.0 SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENS CITY OFTIGARD RECEIVED PLANNING Community Development DATE: April fl 1998 Shaping A Better Community APR 2 41998 TO: Michael miller, Operations water Department Manager Cm of JlcAM FROM: Chy of Tigard Planning Division STAFF CONTACT: Julia Powell Ha)duk. Associate Planner Phone:15031639dfl1 Fax: [50316841291 RE: SUBDIVISION (SUB] 9841001MARIANCE (VAR] 98-0002 WALNUT GLEN SUBDIVISION Q The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicintty Map and AppiiCINWS StM1118nt 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: (MONDAY-APRIL 27, 19981. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by We 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 MS 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: %)EVEZOGF''r 2nkJC_ /N/L[Q r p6?n1///QF /2 /A IC:-OG47r >nJ ~/C. L i /'v f :-~G/ 7i~?. ~'//il/iiV/c !A'1 //L/ • J/ 1! N / U y //I `'7r 14/" / //2 iln /47 i,J1 &z_ r 7 Gn 7' Vil/i7 L`E= i/ Ae k- 'F. [ /nJ 21E 1Aj T C e /5 /D P&-,/o n- t PV A ( F c rc~~ iht /)U r A'r~ DF l7U/LC3 %Al (Please p=,ide the fodming information) Name of Person[s] Commen0g: Phone Number(s]: S- SUB 98-0001NAR 98-"2 WALNUT GLEN SUBDIVISION PROPOSAUREQUEST FOR COMMENTS • i REQUEST FOR COMMENTS CITY OFTIGARD Community Development Shaping si Better Community DATE: May 19,1998 TO: David Scott, Building Official FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell NOW( Associate Planner Phone: 150316394M Fax: [50316641291 RE: SUBDIVISION (SUB) 98-00D1/VARIANCE [VAR) 98-0002 WALNUT GLEN SUBDIVISION Q The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 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: I 1. You may use the space provided below or attach a separate letter to return your comments. VYOU 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 TNT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Writte comments provided below: et 2o' jin✓.c n-- mw~t10t Y>„ri r r- S-/=J f A o .~n PrA r .,I A 4-'p a J f n, a r o ey.x lob, L/ I, X 5 7 i t )21 t l dl// q n, L 4AA'Aa- PLAr1 W01- r'yvr.10' Fj?"e ley .bra.. ~ -[A e1nJr ^.n1 _e td <i4 A 6V L f. 1 r. 1~T• GY ~ Js~ el 4 r^^ ~ l ti , . -Yit . r r-, ,fA r A10 zi r &.-I- A. 11 cn ti / e e A s G Q At o r. 7 _A A r ~ o d~ r o r✓r a H Pr- JLA J✓ P ~`►^t r ~'I LriJ a r^ Ae' 4. ► n e A/u 4 no'/ ^A r' e, tj r -C 9t9 2 2 y 4 V a/ 0'/ . c/- r 2 r rv C t i fey J fill.. .o✓ ~~fC. DI^i~_nn t"'.4'2r 42r ~NJ er~wT/e~ a ~ i0Y/vat L t~`or r-~ ~n r~ T C"a C (Please provide t& fo!lounng infonnatum) Name of Person[s] Commenting: Phone Numbeft: SU 8-OOO7NAR 98-0002 WALNUT GLEN SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OFTIGARD Community Development ty °1 L~ U L5 Strap" E ~}rPL°ANWn SATE: April 17P 1998 AAPR 2 0 1cs QS~ TO: Julia Huffman, USA/SWM Program MAY 121998 FROM: CRY of Tigard Planning Division STAFF CONTACT7~ Julia oweHMaNUK A31iffitlfffinrCr Phone: [50316394171 Fax: [50316841297 RE: SUBDIVISION (SUB) 98-0001/VARIANCE (VAR) 98-0002 WALNUT GLEN SUBDIVISION Q The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.150, 18.160 and 18.164. Attached is the Site Plan, VICiniVi Map and ApoliCanCS S18tement 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: [MONDAY-APRIL 21,19981 . 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: (Please provide the following information) Name of Personfsl Commentin Phone Numberls): " - 6 4- V SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PROPOSAVREQUEST FOR COMMENTS UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM RECEIVED PLANNING DATE: May 5, 1998 MAY 0 8 1998 TO: Julia Powell Hajduk, City of Tigard CITY OF TIGARD FROM: Julia Huffman, USA ~ SUBJECT: Walnut Glen Subdivision, SUB 98-0001, VAR 98-0002 SANITARY SEWER Each lot within the development should be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewerage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to uphill adjacent properties, or extend service as required by R&O 96-44. 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. SENSITIVE AREA A "Sensitive Area" exists (may exist). Developer must preserve a 25-foot corridor as described in R&O 96-44 separating the sensitive area from the impact of development. The wetland/sensitive area shall be identified on plans. EROSION CONTROL A joint 1200-C erosion control permit is required. 155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621 Hillsboro, Oregon 97124 FAX: 503/640-3525 REQUEST FOR COMMENTS CITY OFTIGARD Community Development DATE: April 17, 1998 RECEIVED PLANNING Shaping? Better Community TO: Mike MatneY, US West Communications MAY 0 41998 FROM: City of Tigard Planning Division STAFF CONiff:PF T - fulia Powell Naiduk, Associate Planner Phone: [50316394M Fax: (50316841291 RE: SUBDIVISION [SUB) 98-0001/VARIANCE [VAR] 98-0002 WALNUT GLEN SUBDIVISION Q The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 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: [MONDAY-APRIL 21,19981. You may use the space provided below or attach a separate letter to return your comments. 9 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. l Written comments provided below: (Please provide the fodlacuing information) Name of Persons) Commenting: Phone Number(s): SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PROPOSALJREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OFTIGARD RECEIVED PLANNING Community Development Shaping A Better Community DATE: April 17,1998 APR 2 2 1998 TO: Brian Moore, PGE Service Design Consultant CIITy OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell NalduK, Associate Planner Phone: 150316394M Fax: [503] 6841297 RE: L= SUBDIVISION (SUB) 98-0001/VARIANCE [VAR] 98-0002 WALNUT GLEN SUBDIVISION .4 The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and ApplicanYS 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: [MONDAY -APRIL 27,19981 . 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: (Please provide the foldou*w information) Name of Person[s) Commeming: done,? 4 -2-0 -26 Phone Number(s): S'lo -zAAo,~. SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PROPOSAUREQUEST FOR COMMENTS I REQUEST FOR COMMENTS CITY OFTIGARD RECEIVED PLANNING Community Development Shaping A Better Community DATE: April 17,1998 APR 2 4 1998 TO: Jim Wolf, Tigard Police Department Crime Prevention QWWnf OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Nalduk, Associate Planner Phone: [50316394171 fax: MOM 684-7297 RE: SUBDIVISION [SUB] 98-0001/VARIANCE [VAR] 98-0002 WALNUT GLEN SUBDIVISION Q The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 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: [MONDAY-APRIL 27,19981. 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. PL CHECK THE FOLLOWING ITEMS TNAT 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: (Please prov&le the fo!lamW information) Name of Person[s] Commenting: Phone Number[s]: *1),0 SUB 98-0001/VAR 98-0002 WALNUT GLEN SUBDIVISION PROPOSAUREQUEST FOR COMMENTS REQUEST FOR COMMENTS CITY OFTIGARD RECEIVED PLANNING Community Development Shaping A Better Community DATE: NO 17, 1998 APR 2 41998 TO: Michael Miller, operations water Department Manager rm of TWO FROM: Chy of Tigard Planning Division STAFF CONTACT: Will Powell HaldUK Associate Planner Phone: 150316394M Fax: [50316641297 RE: SUBDIVISION (SUB] 98-0001/VARIANCE [VAR] 98-0002 WALNUT GLEN SUBDIVISION Q The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (23) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing, configuration of the subject site boundaries, and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. LOCATION: The subject sites are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. ZONE: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 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: (MONDAY-APRIL 21,19981. You may use the space provided below or attach a separate letter to return your comments. D 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: [~~y~zoP s ~.ycti.~~ Mus r 49AV110- 7 rr~/L A_-- S QAJ /LoG147-1,9^j aF. ~~n7' /L ~LJL/7/Se. 1Y11Al11N7"," /i//V*-_ 3/aE ~iiIST Fly. /G~v~ Seca ~r~ /C / T 70 P1f_6V10,E - / zo7,E-GT/rs.~1 T LDT &S-in. 1JC TFt/rT /i- 4-1,.,e_,w to g 7-_-w NwlA) [ TET/r7~7 Tb Tide /U2Tk tA-Lo DE Z24rk, Li vE 4317-E- l Ai T2Az lG C /s 1~,Er~v rr 0106 A l T- or- !2A-2,r-F1_ OwNgn B3 J ci n-t,ln , • btzfM' A Q/ iAc, MEAJT IS 8C7- 3/DE OF 572225EY (o -D" F2o2~ .4C£ OF O u W //.1 F[n,~11l ` (Please prone &e follounng infonwtion) Name of Person(s) Commenting: Phone Number(s): 3q~- UB 98-Q001NAR R 98-0002 WALNUT GLEN SUBDIVISION PROPOSAVREOUEST FOR COMMENTS S me IfAk~ Qg-Q0~0 U~o~E¢t ~azan~ aru~ s.s.oeiatES. 9z, and 1andsea#e eonsufting MEMORANDUM TO: Kenneth L. Sandblast, Planning Compass Corporation FROM: Robert Mazany ASCA # 133 Consulting Arborist DATE: March 19, 1998 RE: Site, Plan, Report Review Walnut Glen - Tigard I have completed my site, plan and arborist report review for the Walnut Glen, Tigard proposed subdivision as requested. The attached Field Note Narrative reflects observations and tree condition assessment of those trees recommended to be retained. It also addresses those trees which should be retained pending further site staking and a more detailed condition assessment or potential construction impact prior to a determination by the Consulting Arborist for additional removals. I trust this information will be sufficient for your needs at this time. Please contact me when I may be of further assistance on this project. Attachments: Field Note Narrative Color-coded Plan Tree Preservation/Protection Specifications C1). Sox 1305, 3EavE¢t0n, OTZ90n. 97075 - 503) 646-oS97 Field Note Narrative Walnut Glen Subdivision Tigard, Oregon March 18, 1998 The following field note narrative is submitted to document observations during site and plan reviews by Robert Mazany ASCA # 133, Consulting Arborist, of Robert Mazany and Associates. It is my opinion the following trees can be retained provided tree preservation/protection requirements are adhered to and therapeutic care recommended is accomplished following the clearing phase of the project. Tree Number 2062 & 2064-2067 Retain as a group and prune as required. 2104 This Pine is in good condition and well located. 2109 Prune as required with some selective low branch removal to clear proposed improvements. Structural support may be required. 2153 This triple stem Cherry has the canopy equivalent of an eighteen inch ? diameter tree and is in good condition. 2160 Pruning will be required and possible structural support. 9 2177-2181 Though smaller, these trees are well located as a group. rrrri. 2193 Pruning required. 2287 & 2289 Appear to be located sufficiently distant from proposed improvements. 2295-2296 & 2300 Close to east property line away from proposed improvements. 2308 In good condition - located beyond construction envelope. 2338-2369-2370 All are located within or in close proximity to Tract "A". 2376-2377-2378- 2381, 2390-2391 ?362 At west property line - Heavy with Ivy, but can be retained. 2365 Prune and remove Ivy. 2381 Well located to retain - Prune. In addition to the above, the following trees should be retained until the site clearing is completed and site improvement staking is in place. At that point a more definitive assessment of condition and location in proximity to proposed improvements can be made. Tree Number for Decision Deferral- 2190-2199-2205-2206-2209 through 2212-2215-2250-2256-2363-2366-2383-2385-2386. There are also two trees, 2327, an Ash, and 2328, a dead Fir snag, which should be retained for continued use as wildlife trees. ` General Comments: 1. Many trees identified as Maple are Ash or Alder. Trees recommended to be retained have been field marked with a number tag and chartreuse ribbon. 2. Pruning requirements are to ANSI A-300 standards. Conifers - Remove deadwood to one inch diameter and thin interior crown ten to fifteen percent. Selective low branch removal. Deciduous - Prune for deadwood removal one inch in diameter and larger. 3. Structural support refers to cabling to protect potentially weak stem unions. 4. Tree Preservation/Protection specifications attached. 5. The Consulting Arborist must be retained to monitor clearing limits staking, tree protection fence placements and installation, site improvements and other construction activities which may adversely impact trees to be retained. 6. Approximately 552 diameter inches of trees are recommended to be retained with 394 diameter inches recommended for removal decision deferral. TREE 6 PLANT PRESERVATION/PROTECTION PART 1 - GENERAL 1.01 DESCRIPTION: A. General requirements: Preservation, protection, and trimming of existing trees and shrubs, and other vegetation indicated to remain. B. Definitions: 1. Consulting Arborist: A Consulting Arborist registered with the American Society of Consulting Arborists (ASCA). 2. Certified Arborist: Certified by The International Society of Arboriculture (ISA). 1.02 PROJECT CONDITIONS: A. Make every effort to protect all trees, shrubs, ground cover and other vegetation existing on the Project site with the exception of that indicated to be removed. B. Meet local jurisdiction requirements for protection of existing trees and vegetation. C. Provide temporary fencing, barricades and guards as required to protect trees and other plants, which are to remain, from all damage. Erect prior to commencement of clearing and demolition work and remove only after all work potentially injurious to trees and other plants is complete. Fence shall be placed as far from trees as. is practical, but in no instance closer than one foot behind required construction limits. Fence shall by 4' visibility plastic on steel posts placed no further than 6' apart extending no less than 4-1/2' above the ground, kept taut at all times. D. Protect all trees from stockpiling, material storage, vehicle parking and driving within the tree drip line or tree protection fence area. E. Protect all plant growth including root systems of trees and plants from: 1. Dumping of refuse. 2. Chemically injurious materials and liquids. 3. Noxious materials in solution caused by run-off and spillage during mixing and placement of construction materials, and drainage from stored materials. 4. Continual puddling of running water. F. Restrict vehicular and foot traffic to prevent compaction of soil over root systems. PART 2 - PRODUCTS 2.01 MATERIALS: A. As indicated and required elsewhere in this Specification Section, and as may be recommended by Consulting Arborist. PART 3 - EXECUTION 3.01 GENERAL: A. Protect root systems of existing trees, shrubs and ground covers from damage due to noxious materials in solution caused by run-off and spillage during mixing and placement of construction materials, and drainage from stored materials. B. Protect root systems from flooding, erosion, excessive wetting and drying resulting from de-watering and other operations. C. Protect all existing plant material to remain against unnecessary cutting, breaking and skinning of roots and branches, skinning or bruising of bark. D. Do not allow fires under and adjacent to trees or other plants which are to remain. E. Engage a Consulting Arborist to direct removal of branches from trees and large shrubs, which are to remain, if required to clear new construction and where indicated; and to direct tree root pruning and relocation work. F. Where directed by Consulting Arborist, extend pruning operations to restore natural shape of entire tree. G. Cut branches and roots with sharp pruning-instruments. Do not break, chop or mutilate. H. Water trees and other vegetation which are to remain as necessary to maintain their health during the course of the work. Maintain a water schedule and document. 3.02 EXCAVATION AROUND TREES: A. Excavate within root zone of trees only where indicated and acceptable to the Consulting Arborist. B. Excavate around tree roots within tree root zone only under the direction of a Consulting Arborist retained by the Contractor. C. Where trenching for utilities is required within root zones, tunnel under and around roots by hand digging. Do not cut main lateral support roots. Cut smaller roots which interfere with installation of new work; use sharp pruning tools. D. Where excavating for new construction is required within root zones of trees, hand excavate to minimize damage to root systems. Use narrow tine spading forks and comb soil to expose roots. Relocate roots in backfill areas whenever possible. If large, main lateral roots are encountered, expose beyond excavation limits as required to bend and relocate without breaking. E. If encountered immediately adjacent to location of new construction and relocation is not practical, cut roots approximately 6 inches back from new construction. F. Do not allow exposed roots to dry out before permanent backfill is placed; provide temporary earth cover, pack with wet peat moss or 4 layers of wet untreated burlap and temporarily support and protect from damage until permanently relocated and covered with backfill. Water puddle backfill to eliminate voids and air pockets. G. All pruning shall be performed to ANSI A-300 Pruning standards by Oregon state registered tree care firms employing Certified Arborists. Other therapeutic care work shall be performed to National Arborist Association standards. 3.03 GRADING AND FILLING AROUND TREES: A. Maintain existing grade within root-zones of trees unless otherwise indicated or acceptable to The Consulting Arborist. B. Lowering Grades: Where existing grade is above new finish grade shown around trees, under direction of Consulting Arborist, carefully hand excavate within root zones to new grade. Cut roots exposed by excavation to approximately 3 inches below elevation of new finish grade. C. Raising Grades: Permitted only as acceptable to The Consulting Arborist. 3.04 REPAIR AND REMOVAL OF TREES: A. Retain a Consulting Arborist to direct tree repair work. Engage a Certified Arborist, acceptable to the Consulting Arborist, to perform tree repair work. Repair trees damaged by construction operations in a manner acceptable to the Consulting Arborist. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged trees. B. Remove dead and damaged trees which are determined by the Consulting Arborist to be incapable of restoration to normal growth pattern. 3.05 REPAIR AND REPLACEMENT OF SHRUBS: A. Repair shrubs, and other vegetation damaged by construction operations in a manner acceptable to the Consulting Arborist. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged plants. B. Remove and replace dead and damaged plants which are determined by the Consulting Arborist incapable of restoration to normal growth pattern. 1. Provide new shrubs of same size and species as those replaced or as otherwise acceptable to the Consulting Arborist. 2. Plant and maintain as acceptable to the Consulting Arborist. 3.06 HARDSCAPE INSTALLATION WITHIN TREE PROTECTION ZONES: A. Electrical conduit and irrigation main lines should be run under walkways, within stone or-concrete subbase, and should not cut into native soil within the Tree Protection Zone (within the drip line). Drip irrigation shall be installed within the Tree Protection Zone. Lateral electrical lines to individual lights, should be installed as close to the soil surface as possible with short runs from the main conduit. B. Electrical fixtures, housing, and irrigation valves must be installed with care to avoid cutting roots. Digging must be minimal with excess dirt removed from the tree preservation area. Do not cut roots greater than 1" in diameter without the approval of the Consulting Arborist. Roots greater than 1" in diameter exposed during excavation must be cut squarely at the edge of the excavation with a sharp say or appropriate pruning tool. C. Install walkways as close to grade as possible to minimize excavation into the soil where large roots and areas of high root density exist. Backfill with loose dirt to the minimum depth necessary to achieve a natural look. Mulch if appropriate, as directed by the Consulting Arborist. 3.07 COMPENSATION TO OWNER FOR TREES: A. Contractor shall pay the Owner the value of existing trees to remain that died or were damaged and required removal because of the Contractor's failure to provide adequate protection and maintenance. B. Value of existing trees will be determined by the Consulting Arborist in accordance with the evaluation formula set forth in "The Council of Tree and Landscape Evaluation Guide for Plant Appraisers," Eighth Edition, 1992. C. Any wound or damage to a preserved tree constitutes partial injury. These include, but are not limited to: Any cambium tissue damage. Unauthorized cutting, breaking or removing tree branches. Unauthorized cutting or damaging protected root zones. Soil compaction. Toxic run-off into tree preservation areas. D. Partial injury will be calculated by percentage of the total value of the damaged tree. E. The loss value penalty will include cost to the owner for loss appraisal by the Consulting Arborist plus the cost for necessary damage repair. PART 4 - PRE-CONSTRUCTION TREE CARE. 4.01 PRUNING AND STRUCTURAL SUPPORT: A. All trees designated to be retained within the project limits shall be pruned to ANSI A-300 Pruning Standards. with selective low limb removal, as directed and approved by the Consulting Arborist, where required for construction clearance. B. Structural support (cabling) will be required on specific trees as identified by the Consulting Arborist, to National Arborist Association Standards. C. All therapeutic care recommended will be directed, inspected and approved by the Consulting Arborist. PART 5 - POST-CONSTRUCTION TREE CARE 5.01 FERTILIZATION/AERATION A. Aeration as determined by the Consulting Arborist may be required in areas where construction compaction has occurred. B. Deep root liquid injection fertilizing of all trees retained within the project limits will be required following the completion of construction to National Arborist Association Standards. The timing of this fertilizing will be determined by the Consulting Arborist. Prepared by: Bob Mazany ASCA #133 Consulting Arborist Robert Mazany and Associates P.O. Box 1305 Beaverton, OR 97075 (503) 646-0897 RIVERSIDE HOMES Fax:5036902942 Mar 12 '98 10:14 P.02 03/12/1998 09:05 503-263-7936 KYLE NURSERIES PAGE 02 Kyle Nurseries 5885 S. Anderson Rd. Aurora, OR 97002 Ph# (503) 263-7937 Faa# (503) 263-7936 Email Address: kylensys@web-ster.com Kyle nurseries can deliver and plant Pseudo moWesii "Douglas Fir" at $25.50 per caliper inch. r + . n.ivtKSIDE HOMES Fax:5036902942 _ APB 99 12:08 P.01 Riverside ~)'Homes incorporated 15455 N.W. Greenbrier Parkway, suds 1401 Beaverton, Oregon 97006 (503) 645.0986 (503) 690-2942 FAX www.6versidahome.com April 7, 1994 To: Julia Hajduk From; Tim Taylor Re: Revised Tree Mitigation Plan Dear Julia, I have calculated the trees removed from the Walnut Glen subdivision from the tree survey provided to me by Compass Corporation. The total number of caliper inches, excluding trees less than IV in diameter. is 2,687 inches. We have a bid to deliver and plant Pseudo menziesii (Douglas Fir) at $25.50 per caliper inch from Kyle Nurseries. This equates to $68,518.50 in mitigation costs for the trees removed on site at a 100%. Riverside Homes, Inc. will be using a landscaping subcontractor to plant the trees, as well as the additional landscaping for the subdivision. We will keep a detailed log of the invoices for the work done to keep track of the $68,518.50 in mitigation costs for the trees. The remaining portion of the money that was not used for tree mitigation on site will be used to purchase and plant additional trees for the surrounding neighbors and community. Please contact my office with any question or comments. Sincerely, Tim Taylor Z$ 3 6 Y nc,~ r, KIVEHSIDE HOMES Fax:5036902942 03/12/1998 09:05 503-253-7936 KYLE NURSE IES 99 12:09 P, 02 ][kyle Nurseries 5885 S. Anderson Rd. Aurora, OR 97002 Ph## (503) 263-7937 Fax# (503) 263-7936 Email Address: kyiensys@web-ster.com Kyle nurseries can deliver and plant Pseudo men6esii "Douglas Fir" at $25.50 per caliper inch. T~ l' a 0), WALNUT GLEN SUBDIVISION APPLICATION NARRATIVE Submitted: February 26, 1998 WALNUT GLEN SUBDIVISION APPLICATION NARRATIVE OWNER/APPLICANT: Riverside Homes 16666 Greenbrier Parkway, Suite 140 Beaverton, OR 97006 645-0986 APPLICANT'S REPRESENTATIVE: Mr. Ken Sandblast Compass Corporation 6564 SE Lake Road Milwaukie, OR 97222 Tel: 653-9093 Fax: 653-9095 LOCATION: North side of S.W. Walnut Street, at its intersection with S.W. 114th Terrace. LEGAL DESCRIPTION: Assessor's Map 2S-lW-3AB Tax Lots 2200, 2100, 2000, 600 and 700 SITE AREA: 5.06 Acres ZONING: R-4.5 APPROVAL CRITERIA: City of Tigard Municipal Code Title 18, Zoning APPLICANT'S REQUESTED APPROVAL: Preliminary Plat approval for the creation of a twenty three (23) lot subdivision, including a cube-sac requirements variance. This report will address the applicable standards and review criteria of the City of Tigard's Zoning Codes and Comprehensive Plan. TABLE OF CONTENTS Page City of Tigard Applicable Policies and Findings 1-5 Impact Study 5 Supplemental Maps. Illustrations and Exhibits Size Site Vicinity Map 8.5" x 11" Washington County Tax Assessor Map of Site 8.5" x 11" Exhibit A - Preliminary Subdivision Plat (2 Copies) 8.5" x I V (18 Copies) 24"x36" Exhibit B - Traffic Impact Memorandum 8.5" x 11" Exhibit C - Wetland Delineation Memorandum 8.5" x I V Exhibit D - Halstead Arborculture Tree Plan 8.5" x 11" Exhibit E - Preliminary Storm Sewer Calculations 8.5" x 11" And Downstream Analysis (i) y Ysz tl T ' tl il!T!ea I[[ p4~ (pF ~ prlw 1'.. I 6u` ~ YY-'^~ p+.CLTox AY `sC//0 S1 ~rr. s ~ ~ i lo- ?rllf ~ 7t~ `-'pl-~- 4 ~ • 'b q3 /A• `"tE! y ` .r i5nr ~._~a g C C !(,1, "~P/., ~p d .I^[x x V 9 d t •4• :Q : v I r ~ e~- ~ Z aV x ~ . 'RD 'rF n I t' e° r vlYy y rre / rr,yt/Y,°.,;W_ :4k 1';a ~~C~$ 0tlf :v l' RR n~ ur„- 1, 4'1 N n~ i III~SC~3 115 r :~.5. /3' `~.,1(., /°I ~~x~ `►1+~tt Nr w'nli 'Y 4 ~ 1 rx'~ r $W 1 131 !S ayo i a~., i./,~'Lv:. ,P ♦ i [ ~ ~ ~~f!31n... .!Y wn - ~p 4 plt,alr` 1 a (Fa~ 2 ~ Y ~ 1~ ~Y' • 14.=~~ cr S ':r' Y A u"`/° jO, [ URF-0x - I1u311 I t1tS1 "+tl's, sa '"ir nax `r ai•' : I W '>Q, ti.• , i ,.W.. Y ,~1\0. 2' Z 7 v- s`.Ssati- lY .Y ( Jvq Iv _ r ' ( ~~,all•'~'. ,a n. W i ''p tll ~,ll s ~i N ,w i1'-d" I1~11 0 ,j ~ ~ ro~ ~ ~ ~ g 1n 4 v„ yp~ ( C4 _ _ p rTiva ~'t_M}"Y a• M 1)lil fit. aCxM 4/ O L _ A ~~1+11yr .p }\y~.yt .M1 mas 8t _7 LI ffd r........... I,;,YH, AV _ t y 1•~. _ ! ~F ~v ~ vtre iv 1 l' i+• 4 I ~ war. ~YAV.' li~ ~ ~ ''91 fl xr r 7 fll -_n r: } I, HIM AV 5.1.14 ~ 5N 1 20 v c - 8 a 31 ar i 4 5 T - 1] fl -tm e-al Y 1.0 ti f 10.•w t•' ~ 1r„I ~ 7 B .un[ O 1 swl xtittx3l+s S. ~ 127iti1 _--Ilim-q-.=~ .4 P~, yVil ~ 4 1 T r --i Y~I 1 a ca y_l, 1CA..11..1 _ ~ Hw.r~..~, ~ I_ _ s~~2-C Ybu rl' S'tl°~ p r• ~ a`~ qY rH ~il to 1. . 125111 AV ° r 541 ~,..L"<1 y _ 1 tl 8690 ~s, a ~ Y x"11:. ~ ~5 93aT>K-n , By 7 11 48• M r ~t .r a a p 11 SN 123RD 'y 1'sY sv 33 I$tl, '4 xlsxn.'~" m Y u ~ u 1~ ' ~ ~ I ~ ~ - la •V aR ~ ~ p N £ ~ G r;~ l;.p,_ y G. g! a Z SN 1 AV P 5.' 'sN §`~I}7 sY 1 1 Y'.;. ~Iy r a R~ _ ~ ~,na , r -1:~~ I~ ~1 c-'L '-rrxjwh~°Y~ lllnutt SW ~s. aa¢ 121ST a'A v' ~ n pyl~ - Imo,' 4 N 1 z 1 r $ ^ Iz69o =P-. -ag6ss 'tfr":.-~" $ Ssv xleit Ns 7¢- Ap' Te 'P • 0 9~ 7~ o ~ rta s' • : !.el ~ ~1 _ SII' vre, W 132(p _-'2-._ - a`@ y a -x' r o • a 38 s 8 RI- v A` ~ Q FI 1 ~1 1 € ~ -9I" t-~.. lb V ~q,. • , Ileln ~ i vy a ,j9 ~ ,P, YID i K (6~ nl ,y _•"'--o I. / eI1Sr a sx II IIi BR$sv ~'•~.i ~__=W - ~f _SH y« YI a~ tG,~, `F a e. Y Sl oa q~Y 5y~ 'tl,''Y 7G'~LLO➢ ~ ~ IF' ~ 9 /-~!A ` 7~ 9AW ['V it/lll = YCI` ryt~~ TH '..Ai 8 • % _I j ri 5N • C ilr 115T11 4 y g Ay 1711 91 IISTN AY 11'+':, ~ p7a ~1.•x N 4A ~ ~ INOY~ lY rit ~ tV ! 91 II,IM ~,a~ 7 -'r!L~ 1 t i 1 0. yi_• - pl , 0, lyao 1 . V MS g F R Is ' s SN 1117 1 A m p 9, 1 uix = a a 41 O sag IQ AY a .'ray .yNSWI. Ir Sv SY 1st ."PC xYAL~v. , 'i .p r « ~ ~ 5y 11271 ' n„i it ~u ~s6 .p' a' 113111 P yl 'i 4 ~L I[~u~~ ` • 1 a alm a 'a = r lino 'i .r x u~ Y ° I AI W • ~F - £ - at n,., p ,tV ~ ye a' s`• Y ' • 1 ~ Ar ~ I i ~ 5:M rv r~ 1 ~ per: • ~ ~ ~ H A ~ ~ 3arAa ro sA rt 0 1' Zpg1[yl M1 iY,N ZT 1 1l.s &L._ Rili o ` G p t w 4p I t -v+' r 1L_ sx w R t '1 lr'• p rPQ I•F2- - q P a- 9.. Li r ~K sl SW ~ : 1-"~1 :i -N•Torlll n sy - is ~Y ~~9, WeN "~A AY ~1 V1Nxs 061 sN AV ~ts,~ !~n70o z ' ,,t ,v ti! FOF .W ~_i .1,.L.' In C sv w - ~ F Ar 2 a ! A p r i s+ ull A ~~l `a a,~ ? 1 $L Iyt E 1 a ' ~ = p F r )f N ~ ~ ~ , aaad['~,_"~f~" ' AD IIV3SYJ M5 ~ y F >a 1.:' ~ . ~ Yom- 2 odd 2 .ii4 [ ~ P r Y61T. •I tA1[I 1121 f~'--' f Y,. i • ' dy ~a sN loom dH Y' I ° d 1 , ! " w /r iS sr ua~~- gg x2 - ' /y ° :•t-~ -/:~n' k~ vypu ~g~ f':; k~ ~3],1 9 clrn ~ 87 - R x :sl nri 311: •O;,s'°~• ~ ki / l:i'' ~ ~ ~Tillw ni •1 ` v ii 6 3 90n1 Sr Itla rl b q-, s1, o/ ~j p P ~Y d ' , 5H 7r _ ~s IaBR FNBIZ~ y sy~ tl ,L ~ _ sH.~~ ~ 97711 ~e y ~ Yp7 •9 I~ t• •C •Z~k ~ w 1• y ~ 97TH(fcf g ~ 2 ' 4" N ! wY° . ~ vx ~'?.rr ' istn9 e ~ ~2 a.•. .y >1 4 Z ~ ~ ~ ! S a 95n1 °s Y.- li 95TI/tAV r • I,. 1~ il. qY • Rp ~9 B D ~ 1_lo r ~ a[ni ~ z y 4 Y ~~f / ry ~ ~ I IP IP~~' Sy 9 ~ 1Q ` Q r.,51,6 ai:. ~ 'PI ~ 9 ~ w Il' p . v-:+ ° u ti 7 ~ D ~ ~~r ~ b . It f 'i~ SN 92 Y ri' `cr'a r , ~ Sy... 92ND AV ~ i5 Wt. 5Y 1iSMttIna ^ a A SH axe k g `5 ~y Y3 IY ♦ -'SNli4.4!SL. g i 21,4 = r ~;IC c ry a `k3 T~; itikffr. ~y5`. i era q~ f.. SMeaIAAY~ ,i. 1 sy Ar„•-•- -m^I' pt>, . 11 i~:. , ri• /S ,dl' ' ~ W y a._. ~ . ff .0 ALL - tiD xux tnaon Q ~o Nyy sr x~ Arc1 A 139o0 r1. 5! ~ ~ ' sS~ dl z 114 ' , ! ~ ~ ~ ~ sw IASI,~I ~ iK yl o ~~a IsOOO 4c sv _ 0 A«(x w.. e e _ Av_ 1 - ee~`I1r _ I' SW 83Ai1 MMIn x,:: 1 •4 4 - F I\'a r Z A.. T '1 L ,Po AV Y `y „1 . ~ ~ IY ,1 ~ ~;~1•~ ~ ~rleJ' r/• n - q~~ I > 5H 82NHn AY iH J111'l11f1 c-111111 $ 7 p b j13 1 ~a Ifili.n ~ 8 U__ }I`~ 'KpY _t i rs n ~ ~ as j~ ,f1, ~ I.~ sN HIST A ,ol ,'o y... S~ ~x.. =.~I:. ~ s` • v ti"7s ? t h ayt! rr ye•'•' i 9l' w lulus 1 - Q AV xxn ~:9 SW ISI-Tl,x AM r,f" ~i~. / ~r [ •o \ ,J' SN_ 9_111 AV tiH . 1 - .'rliili~.. y N >r m.uur y~yutN-.Y „ +tti d r ti°• sr . Z_ . (,a` l' ~~,,11 .ti ..I . AY i a' SM a _~@ 79711 Ay_~ - •^~'~1' J°• / 0d _ IlJllu..... v ~A/ „w ly IStl~ - _ V S -.jQ.:~ S._.... SE )1111 1\•A` . v~ _ r r i H LIII HRY h' p IY ~ J1 ,4 5 SH WASHING*OUNTY OREGON SCALE I"= 100' SEE MAP IS I 34DC (A C W 4100 , , 0 4 TRACT A ~u.sl Ic w e~c AY ~ c n•n'N'c g ~ 3zoo I • ~ M 1 Eb 4200 100 58 AC. 4.07 AC. J3300 2 Sc ooL O/SrR/er 23✓ 1 t[t Llw[ mw. .P 4000° s IlO.ss /PrJ FOWLER ✓R. HIGH / INITIAL ►x 6 9 C ^ -"3400 ~ q• IV ~I tOMM L MIC2L1"~ 1, r'~ y j 3 w° a. bl7?6 Ir 1 I~ w Ll / ; !oa 8 o a.2 9 a~ 3500 • ~ 8002 lr.20 3600 I- TRACT ~B 3700 • s (GREENWAY) 6l.aT v 4 / aJ 00 ~ e a v \ ea ° 6 5 ° M 2d • PJ• \ 4~ _ t ~ ay Bed` ♦.!9\ 66 60.26 226D 124.65 1`f /./OLC. N e9°31'91•M' . 553.82 "2f1. S"._. i•09• I 403 \ \ \ 406 \ \ 5.07Ac. I W E jt~ gyp, a S 2` o oo23-74 -0 -0 - IcroAc. (Z \ \ s ! 2 33 mac. MAP , -75.1 \ggn-b o 23•i'~8 38 p j5 a'a L C`~ \ \ \ pI G 6e.9 6 ! 2000 ?0C T \ i 1 /.21 Ac. .6a ae. a ' Z I "°56 t 96.2 OW c I 66°6 .5•.L i p\` \ 1 407 & s _ * m .osac 404 1 / t ti0 0 _ is •m 6..1 \ O ,6~8 401 a rs Z 1 I 60 is. w - , s e9° I•' . 2... I s r 91 ` 112901 23 78 To rueUC lozz/•0 6Ts•5r. BEGIN ICR WAL- \\\k?T~\\~\\\~t`~ _ a 7 9 tsia f 6 u v 10867 M1 I e0 2300 900 r•20V so' ••20' i 60 2400 -b 0 Ld 1000 1 ".Te 00 2500 .34AC. T 9 Q 2600 .54AC. Iw T 1 n►~ rT. IP i. " JM IM I (Z 3100- W I o n e5s.l wfs•ol'• = 1300 o 19 1400 "ew°I'r sees 8 C (~\I = J 1 st.ss 2900(.,' a ad e / T~ r 1 T' 3000/- 0 2 5 ed. 2700 [ 2 s5 e LL, .26 o IB X11 ed -It Isd ~ I:e E l~.l "T6'st I ~ _ ~ eo eC b SEE MAP 2S 1 SAC F I N D I N G S This application involves subdividing the subject site into a total of twenty two lots, one of which will contain an existing single family residence located on the subject site. The subject site consists of Tax Lots 600, 700, 2000, 2100 and 2200 of T2S-R1W-3AB. In addition to the major preliminary subdivision plat application, this project also involves a tree removal/mitigation plan and a variance to the cul-de-sac requirements contained with the City of Tigard Title 18 zoning code. The subject site is approximately 5.06 acres in size, relatively flat in slope (0-10%) except along a portion of the east boundary and at the north end of the site where the slope is between 10 and 20%. This application will create a total of twenty two lots, one of which will contain the exisitng single family residence presently located on the subject site. All of the lots being created exceed the minimum 7,500 square foot lot size of the R-4.5 zoning district. These lots will be served via a forty six foot wide public right-of--way which aligns with the existing S.W. Walnut Street/S.W. 114`h Terri-ace intersection and is approximately in length. i The follwing chapters and sections of the City of Tigard Zoning Code are applicable to this preliminary subdivision plat application based upon: (i) existing conditions present upon and surrounding the subject site, (ii) requirements conveyed by Tigard staff during the pre-application meeting held for this project, (iii) a review of Chapter 18, and (iv) two neighborhood meetings held to discuss this proposal with interested parties prior to submission of this application: CHAPTER 18.50 R-4.5: SINGLE-FAMILYRESIDENTIAL PROPOSED FINDING: In satisfaction of the applicable provisions of this chapter, this twenty two lot preliminary subdivision plat application will create single family detached residential lots, a permitted use in the R4.5 district (Section 18.50.030). All twenty two lots proposed satisfy the minimum lot area and minimum average lot width standards for the R4.5 district and single family detached residences may be constructed on the twenty one vacant parcels being created in satisfaction of the yard setback requirements and height limitations (Section 18.50.050). CHAPTER 18.40 ADMINISTRATION PROPOSED FINDING: In satisfaction of Section 18.40.040, Residential Density Transfer, this twenty two lot preliminary subdivision plat application will not exceed 125 percent of the allowed density in the adjacent existing residential areas. CHAPTER 18.84 SENSITIVE LANDS PROPOSED FINDING: Section 18.84.010 defines land unsuitable for development due to its location within: (i) 100 year floodplains, (ii) natural drainageways (iii) wetlands or (iv) slopes areas greater than or equal to 25 percent. Summer Creek, a natural drainageway, and its accompanying 100 year floodplain flows on parcels to the north of the subject site. There are no 100 year floodplains or natural drainageways located Aino.cido ilnmoc .Walnut Glv» City of Tigard Preliminary Subdivision Plat Application Page 1 upon the subject site. The applicant retained Pacific Habitat Services, a professional wetlands consultant, to ascertain whether or not any wetland areas are present on the subject site. Exhibit C is a memorandum from Pacific Habitat Services addressing their findings that there are no wetland areas present on the subject site. Based upon topographic data gathered through surveying the subject site, there are no slopes greater than or equal to twenty five percent located upon the subject site, see Exhibit A. Therefore, Chapter 18.84 is not applicable to this application. CHAPTER 1&88 SOLAR ACCESS REQUIREMENTS PROPOSED FINDING: As per the provisions of the 18.88.040(C), the basic design standard requirement for solar access is that 80 percent of the proposed lots have a north/south dimension of ninety feet or more and a front lot line oriented within 30 degrees of a true east/west axis. As depicted on Exhibit A, six of the twenty two proposed lots involved in this application satisfy both of these criteria, or 27% of the lots. Section 18.88.040(E) provides for adjustments to the eighty percent design standard if compliance would, amongst other factors, cause adverse impacts on density or increases in development costs. Both of these factors are applicable to the subject site due to the fact that compliance would cause a reduction in the proposed lots causing a loss of density and a corresponding increase in development costs. As per the provisions of Section 18.88.040(E)(1)(a), connection into the existing roadway pattern is required by this application which does not allow compliance with the eighty percent design standard. /This application involves a variance to City of Tigard cul-de-sac design standards to adequately serve the subject site due to existing development surrounding pattern, topography, and the existing configuration of the subject site boundaries. All future single family detached residences constructed on the subject site will be reviewed for solar balance point standards through the building permit process. CHAPTER 18.92 DENSITY COMPUTATIONS PROPOSED FINDING: As per the applicable provisions of this chapter, the density calculations for this twenty two lot preliminary subdivision plat application, as depicted on Exhibit A, are as follows: Gross Site Area 5.06 Ac. zzo~/i3 MINUS Public Rights-of--way 0.68 Ac. a~, 6-2-o Private Streets 0.30 Ac. /-3,0 ( S Lot for Existing Residence (7,500 S.F.) 0.17 Ac. y~ S Net Site Area 3.91 Ac. Convert to Acres (x 43,560 S.F.) 170,320 S.F. _ r 725- DIVIDED BY R-4.5 Minimum Lot Area 7,500 S.F. Calculated Lots 22.71 Lots Total Allowable Lots = Calculated Lots + Lot for Existing Residence = 22.71 + 1 = 23.71 = 23 The total of twenty two lots proposed through this application is less than the allowable total for the subject site. There is no residential density transfer proposed through this application. Riverside Mames - Walnut Cx&n City of Tigard Preliminary Subdivision Plat Application Page 2 CHAPTER 1 R 96 ADDITIONAL YARD SEBACKREQUIREMENTS AND EXCEPTIONS PROPOSED FINDING: As depicted on Exhibit A, the preliminary subdivision plat, all proposed lots along Walnut Street satisfy the 30 foot centerline setback and underlying R4.5 setback standards as required by Section 18.96.020. As per the provisions of 18.96.080, the area computation for the proposed flag lot involved in this application (Lot #13) is exclusive of the accessway area. CHAPTER 1&98 ADDITIONAL YARD SEBACK REQUIREMENTS AND EXCEPTIONS PROPOSED FINDING: The future single family detached residence constructed on the proposed flag lot involved in this application (Lot #13) will satisfy the provisions of Section 18.98.030 with regards to height and setback requirements. CHAPTER 18.100 LANDSCAPING AND SCREENING PROPOSED FINDING: As per the provisions of 18.100.030 and 18.100.035, street trees will be provided through the construction ' 1 of this subdivision. Tentative street tree location in satisfaction of these provisions are depicted on Exhibit~''4 ~ A, the preliminary subdivision plat. Due to the fact that the type of existing surrounding development is the same as that proposed through this application, namely single family detached residences, the buffering and screening provisions from this chapter are not applicable to this application. CHAPTER 1 & 102 VISUAL CLEARANCE AREAS PROPOSED FINDING: In satisfaction of the applicable provisions of this chapter, this twenty two lot preliminary subdivision plat can be constructed to comply with the intersection visual clearance requirements for both the proposed private and public streets. CHAPTER 1&106 OFF-STREET PARKING AND LOADING REQUIREMENTS PROPOSED FINDING: As per the provisions of the 18.106.030(A)(1), the single family detached residences involved in this application are required to provide 2 off-street parking spaces for each dwelling and, as per 18.106.020(H)(1), these spaces must be located on the same lot as the dwelling. All twenty two of the lots proposed through this application will meet both of these provisions through the future driveways and garages located on each lot. CHAPTER 18.150 TREE REMOVAL PROPOSED FINDING: As depicted on Exhibit A, the preliminary subdivision plat, there are trees located on the subject site which meet the six inch or greater caliper at four feet from ground level definition contained with this chapter. Therefore, a tree plan is required for this application in accordance with the applicable provisions of this chapter. Exhibit D, included with this application submittal package, is a tree plan for mitigation of trees being removed and preservation of the existing trees be retained by Halstead Arborculture Consultants. In summary, this tree plan is provided in satisfaction of Section 18.150.025 and meets the applicable provisions of Section 18.150.060. Rivoryi& Hn oc - Walnut Glen City of Tigard Preliminary Subdivision Plat Application Page 3 0 CHAPTER 18.160 LAND DIVISION: SUBDIVISION PROPOSED FINDING: The administration and approval processes required through 18.160.020 and 18.160.030 will be satisfied through the City of Tigard's preliminary subdivision plat processing. This is no land capable of further division under existing zoning located upon the subject site and therefore, no future phases are involved in this application'. The preliminary plat information required by 18.160.070 which is applicable to the subject site is included on Exhibit A, included with this application submittal package. There are no variances requested by this application to the provisions of-C-hapter 18.160 ~ The sections of this chapter involving final plat improvements, bonding, centerline monumentation and recording will be satisfied through the final plat processing upon preliminary plat approval of this application. CHAPTER 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS PROPOSED FINDING: In satisfaction of the applicable provisions of Section 18.164.030, the subdivision proposed through this application will take access from Walnut Street, an existing public right-of--way, along the south boundary of the subject site. As depicted on Exhibit A, the preliminary subdivision plat, development of the subject site will be served by a forty six public street right-of-way with a minimum of twenty eight of pavement. This proposed public street and the two private streets conform to the Section 18.164.030 provisions related to minimum widths, street grades, centerline curve radii, intersection spacing, intersection angles. 911e design of the preliminary plat satisfies the lot and block provisions contained within Section 18.164.040 and Section 18.164.060. In satisfaction of 18.164.070, sidewalks will be constructed along both sides of the public street being created to serve the subject site. A preliminary utilities plan is included on Exhibit A depicting the locations of the sanitary sewer, water and storm sewer systems necessary to serve development of the subject site in accordance with Section 18.164.090 and Section 18.164.100. Utilities placed underground during construction of this development in satisfaction of Section 18.164.120. Exhibit E, included with this application submittal package, is the preliminary storm sewer system calculations and downstream analysis required by City of Tigard for preliminary subdivision plat applications. The provisions of Section 18.164.030(K), cul-de-sac design, are applicable to this application given the proposed street design depicted on Exhibit A. However, a variance is necessary to this section due to both the approximate 500 foot length of the proposed cul-de-sac and the twenty two lot total provided access via the street. This variance is allowable through Section 18.160.090. As applicable to this application, the criteria for granting a variance from Section 18.160.120 are addressed as follows: Section 18.160.120(B)(1) - The special circumstances or conditions affecting the subject site and necessitating this cul-de-sac variance are the existing boundary configuration of the subject site, the surrounding existing development pattern and street network, topography on and adjacent to the subject site. When combined, these factors create a unusually shaped triangular parcel with limited existing available access and restricted future access opportunities. Section 18.160.120(B)(2) - The 100 foot variance to the 400 foot maximum cul-de-sac length standard and the two lot variance to the twenty lot cul-de-sac access maximum is the minimum necessary for the proper design or function of this subdivision. As depicted on Exhibit A, a twenty two lot design can be created on the subject site in satisfaction of all applicable City of Tigard requirements and granting this variance will not cause a baseless reduction in density. In addition, the cul-de-sac length variance is necessary for the proper functioning of the street system while satisfying existing City of Tigard private street standards, particular related to the maximum number of lots accessing a private street being limited to six lots. Riverside Momp_v -Walnut t: on City of Tigard Preliminary Subdivision Plat Application Page 4 Section 18160.120(B)(3) - Granting this variance will not be detrimental to the public health, safety, and welfare nor injurious to the rights of other owners of property within the City of Tigard. Instead, this variance will provide for the construction of a fully improved public street ending in a standard cul-de-sac which will provide emergency vehicles with better access to the subject site than further extending private streets. Section 18.160.120(B)(4) - Granting of this cul-de-sac variance is necessary to preserve the full development potential of the subject site in accordance with all applicable provisions of the City of Tigard zoning code. As listed in response to 18.160.120(B)(1) herein above, the boundary configuration of the subject site, topography and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. IMPACT STUDY In satisfaction of the applicable provisions of 18.32.050(B)(5), this twenty two lot preliminary subdivision plat application needs to address the effects of the proposed development on the transportation, drainage, water, and sewer systems serving the subject site. Impacts to and adequacy of the transportation and drainage systems are addressed through exhibits included with this application submittal package. Based upon information provided through the pre-application meeting, and subsequent discussions, with City of Tigard engineering staff, the existing water and sanitary sewer systems are adequate sized and have capacity available to serve a development of the size proposed. The transportation system improvements that will be required to be constructed by the applicant, including internal street construction and frontage improvements along Walnut Street, are acceptable as proportional to the traffic impact of this development. The drainage system improvements, including an internal storm sewer collection and water quality facility, are in accordance with existing city regulations and are acceptable as proportional to the drainage system impact of this development. The sanitary sewer and water system improvements depicted on Exhibit A which are necessary to serve the subject site are acceptable as proportional to the impacts of this development. As depicted on Exhibit A, the right-of-way dedication along the subject site's S.E. Walnut Street frontage are acceptable as proportional to the impacts of this development. The short term noise impacts of this development include construction noise generated during development of the site. While in the long term, the single family residential nature of this development will generate noise levels compatible with the surrounding existing single family neighborhoods. CONCLUSION Based upon compliance with all applicable review criteria as addressed herein above, the applicant requests the City of Tigard approve this application for a twenty two lot subdivision including a variance to cul-de-sac requirements. Rivorcido Aampg - Walnut Clan City of Tigard Preliminary Subdivision Plat Application Page 5 ASTER ENGINEERING Studies Planning Safety. h February 17, 1998 Ken Sandblast Compass Corporation 6564 SW Lake Road Milwaukie, OR 97222 Dear Mr. Sandblast: As you requested, we have conducted a preliminary analysis of the proposed Walnut Glen Subdivision in Tigard. I understand that the subdivision would include 22 single-family houses, although two of the houses presently exist. The subdivision will be located on the north side of Walnut Street with an access directly opposite SW 114`h Terrace. A manual traffic count was made in February, 1998, at the intersection of Walnut Street and 114` Terrace. The count was made during the peak traffic periods from 7 to 9 AM and from 4 to 6 PM. It was found that the peak hours occur from 7:50 to 8:50 AM and from 5 to 6 PM. As expected, the peak traffic flow on Walnut was eastbound during the morning peak hour and westbound during the evening peak hour. There are 733 vehicles on Walnut during the morning peak hour and 817 during the evening peak hour. To estimate the number of trips that would be generated by the additional 21 houses in Walnut Glen, trip rates from TRIP GENERATION, 6' Edition, published by the Institute of Transportation Engineers, was used. The rates used were for ITE land- 11 cat t gory 210, Single-Farri , Detwnhed Housing. Based on these rates, it is estima.° J\. ~Vl that the new houses will generate an additional 15 trips during the morning peak hour, of which four will be entering the site and 11 will be exiting. During the evening peak hour there will be an additional 20 trips generated, 13 entering and seven exiting the site. Not all of the trips generated by Walnut Glen will be traveling in the same direction on Walnut Street. If it is assumed that the trips from the subdivision are distributed directionally in proportion to the existing directional split of traffic on Walnut, then about 68 percent of the trips will travel in one direction on Walnut, and about 32 percent will travel in the other direction. This means that in the heavier EXHIBIT B Union Station, Suite 206 • 800 N.W. 6th Avenue • Portland, OR 97209 • Phone (503) 248-0313 • FAX (503) 248-9251 LANCASTER ENGINEERING Ken Sandblast February 17, 1998 Page 2 direction, about 10 trips will be added to Walnut in the morning peak hour, an increase of about 1.4 percent. In the evening peak, the traffic on Walnut would be increased by 14 trips, or about 1.7 percent. These increases are so small that they would not be noticeable by other drivers and are unlikely to result in a measurable impact on traffic conditions. In fact, the increase is less than the normal day-to-day variation in traffic volumes that would be expected on this street. In summary, although the subdivision will increase traffic on Walnut, the increase is very small and will not result in any significant impact to traffic congestion. If you have any questions regarding this preliminary analysis, please let me know. Yours truly, _l I Tom R Lancaster,: PE Principal 06 e P ROFFS ,G I NF o 8054 ~ ~GOREGQN 22. qs R. LA NGP la_`~~ LANCASTER ENGINEERING TRIP GENERATION CALCULATIONS Land Use: Single-Family Detached Housing Land Use Code: 210 Variable: Dwelling Units Variable Value: 20 AM PEAK HOUR PM PEAK HOUR Trip Rate: 0.75 Trip Rate: 1.01 Enter Exit Total Enter Exit Total Directional Directional Distribution 0.25 0.75 Distribution 0.64 0.36 2 0 Trip 13 7.... Ends Trip Ends WEEKDAY SATURDAY Trip Rate: 9.57 Trip Rate: 10.09 Enter Exit Total Enter Exit Total Directional Directional Distribution 0.5 0.5 Distribution 0.5 0.5 1 1 2 Trip Ends Trip Ends Q 20 Source: TRIP GENERATION, Sixth Edition PHS Jim PACIFIC HABITAT SERVICES, INC. 9450 SW Commerce Circle, Suite 180 • PO Box 2870 (800) 871-9333 • (503) 570-0800 • Fax (503) 570-0855 Wilsonville, Oregon 97070 February 23, 1998 Bill Wagoner Riverside Homes 15455 NW Greenbrier Parkway, Suite 140 Beaverton, OR 97006 Re: Wetland determination and delineation for the proposed Riverside Homes Walnut Glen Subdivision on SW Walnut Street, in Tigard, Washington County, Oregon PHS Project No. 7-1542 Dear Bill: On December 3, 1997, Pacific Habitat Services, Inc. (PHS) conducted a wetland determination and delineation on the 5-acre proposed Walnut Glen development site on SW Walnut Street in Tigard, Washington County, Oregon (Township 2 South, Range 1 West, Section 3). The property is located north of SW Walnut Street and east of SW 116th Avenue. The generalized location is shown in Figure 1. The purpose of the field investigation was to determine whether any portions of the site contain potentially jurisdictional wetland. Wetlands are defined by the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 (Environmental Laboratory 1987) as areas containing hydric soils, a dominance of hydrophytic vegetation, and wetland hydrology. The project site consists of 5 adjacent tax lots; 600, 700, 2000, 2100, and 2200. The site is currently undeveloped except for two single-family residences at the southern end of the site, close to Walnut Street. Residential development surrounds the site to the south and the west. An undeveloped corridor is located northeast of the property, associated with Summer Creek, a tributary of Fanno Creek. Fowler Middle school is located east of the property. The site is zoned for residential development (R-4.5). Much of the northern end of the site is wooded, while the southern end is developed with two single family homes. The southeastern corner of the site is a disturbed vacant lot. The topography slopes gradually from approximately 200 feet National Geodetic Vertical Datum (NGVD) in the southwestern portion, down to approximately 160 feet NGVD in the northeastern end of the site. EXHIBIT C General Contractors • OR: CCB # 94379 • WA: PACIFHS062Q2 Bill Wagoner, Riverside Homes ~I Walnut Glen Wetland Determination po Feb ruary 23, 1998 Page -2- ~K('04 NNdlo~'~ PHS did not identify any potentially jurisdictional wetland within the project site. Sur ner Creek and its associated floodplain wetland is located offsite to the northeast. Since property boundaries were difficult to determine in the field, this wetland area was investigated and ~ q , d", ~ -s documented as part of this project. . Soils mapped on the site by the Soil Conservation Service (SCS) include Aloha silt loam (map unit 1), Cove silty clay loam (map unit 13), and Woodburn silt loam (map unit 4513) (Figure 2). Cove silty clay loam is considered a hydric soil. Aloha silt loam and Woodburn silt loam are not hydric soils, but may contain inclusions of hydric soils. Soils sampled on the site consisted of silt loam, without any hydric soil field indicators. The northern portion of the site is. wooded and dominated by Douglas fir (Pseudotsuga menziesii), beaked hazelnut (Corylus cornuta), bigleaf maple (Acer macrophyllum), and western red cedar (Thuja plicata). The understory is dominated by sword fern (Polystichum 'Munitum), and tall Oregon grape (Berberis nervosa). Non-native plants such as bay laurel (Prunus laurocerasis), English ivy (Hedera helix), and English holly (Ilex aquifolium) are also present. The southeastern corner of the project site is a disturbed, open lot dominated by weedy herbaceous species such as creeping thistle (Cirsium arvense), hairy cats' ear (Hypochaeris radicata), Queen Anne's lace (Daucus carota), and common velvet grass (Holcus lanatus). The dominant woody vine species is California dewberry (Rubus ursinus). No drainage features or evidence of hydrology were observed on the site. Site hydrology is limited to direct precipitation. The U.S. Fish and Wildlife Service, as part of the National Wetlands Inventory (NWI) program, has not mapped any wetland within the site (Figure 3). The NWI maps are generated primarily on the basis of interpretation of color infrared aerial photographs (scale of 1:58,000), with limited "ground truthing" to confirm the interpretations. NWI mapping does include a palustrine forested/emergent, persistent, saturated/semipermanent/seasonal (PFO/EM1Y) body of water associated with Summer Creek offsite to the northeast. The boundary of the wetland associated with the creek floodplain was delineated in the area where it approached the eastern property boundary (Figure 4). The,surveyed wetland boundary is located 15 feet from the edge of the property at its closest point. At the time of the site visit, the wetland area contained saturated soils, and a water table was located at 8 inches below the soil surface. The wetland is dominated by herbaceous species such as creeping buttercup (Ranunculus repens), small-fruited bulrush (Scirpus microcarpus), and American brooklime (Veronica americana). The transition zone between the upland forest and the emergent wetland is dominated by Himalayan blackberry (Rubus discolor). Pacific Habitat Services, inc. -2- Bill Wagoner, Riverside Homes Walnut Glen Wetland Determination February 23, 1998 Page -3- PHS did not identify any potentially jurisdictional wetland on the Walnut Glen project site. Although a wetland floodplain associated with Summer Creek is located immediately offsite to the northeast, the wetland boundary does not extend on site. Please call if you have any questions. Sincerely ulie Fukuda Wetland Scientist c: Ken Sandblast; Compass Corporation Pacific Habitat Services, Inc. -3- PHS Pacific Habitat Services, Inc. 11 7 •'J. 1 W 1 ~i ~ 1. ?IJ .O - i o - - ftohinso Gfovea' !7 J = _ 1 351 14 60 Op--~ II Site II• . t _ • -Ij II 1 Rk V-/1 f 16 n II,• Sch r = ~ of . 4,0 l\ I ~ ~ - _ - ) _ .Are 1 a ~'~%~~/~j / ~~l ~ S. \ ~w' o D. \00 ~~I H ~ 0..- 40 j .J,. i'•• ~'$yY//. ATT,C Ek.I 12/24/97 7-1542 Figure 1. Location and general topography of the proposed Riverside Homes development property in Tigard, Washington County, Oregon (U.S.G.S., Beaverton, OR, 7.5 minute quadrangle, 1961 photorevised 1984). PI IS Pacific Habitat Services, Inc. 41~12Fj 1~- ~ - - ; - ~ -:''~x .:~~!'Ri?._ 1 _ +J;1. ~.~~=••-i t ~ 1. 'off.. X45 - ~SQ` ' ' ~ 14'ra 1'9 '~45 fiC. • £ .1 4 Y IG\ =d Kam, ..I j•~•,11 13 OR, l r l „ . r Soil mapping units 3 rg ~ 1. Aloha silt loam 4 ' • : r J 13. Cove silty clay loam 01 45B. Woodburn silt loam, 3 to 7% slopes ter ^-J _ - 12/24/97 7-1524 Figure 2. Soil mapping units for the proposed Riverside Homes development site on SW Walnut Street• in Tigard. Washington County, Oregon (U.S.U.A.. S.C.S.• Soil Surrci- ol'Pflashin lon ( •nunly. Oregon. 1:20000. 1982). Paei Ic Habitat Services, Inc. i. ~ St~.. ~ _ _~'j ~ r':- "oCGlove:" ~ :•~,,~,u,. si. _aoo /1 1 \ p~'ot tdd~d PI-is +z y~+....:' : 4 gMm--~ apOyfKZx'' 3" r t •w _?~o>. .gip reen'~ _ Site •;P MIY OFOM .,Cad v ~`4 - PF~~O~1W - L_~ • y i . Vj. Vi•~ ! ~ i ` ~'t;. ~t .,.F ,T~,•`• fir.. " r►,.,~; :'•E`r` /~l , `t %J' r-''L ,',,,y...~ . ln.,. 1~.17.~ AntAonYth.: F" Ji ~ ~ % i .tJr'!F•~d~F •_"4' _ D,~4k T, . R i _ !1s h•1 . , i J ~ ~ ~.s~,; J~ - h P i ~`~~i~-~'.``"I'~ ! ' i . ,Fi"] • ci. '''ryO ~ ' :-fit; ~ i • •~~ewa~"'"~ji 01 ~I } ! l^~ ;.l •!1 ~iT{ i `:.I~ • •FF~ - ! _ _ ~ " lam`.-. ~Y: ;7i r! r, 'It,...' _fa± ' J. !2a,. .r 1 •~,^,'t~ '~JCC<~ 1 _ ~~ji~,/ J,.1 _~S-ts+.''~_ F7// \,~r~p]/~1 ,7. .~l_::.. } " (v-ta i~>. =r f _ _ - : i ,1i~ i ter, • ~ i, ~ (rte ( r,. 1.1;, is/'/ .i WK ~i l / ~ i•,• \ ~ • % j jr ~ ~ i/'~'- ~,~~~•.11 too , r~~ ` ' • ~ ~ ~:.r. • r 7-1542 600 12/24197 nations for the proposed Riverside Homes g desig on (U.S.F. National Wetlands tnvenTiard, Washington County, Oreg Figure 3. ment property in Tigard, ,le, 1:24000, based on 1981 C1R aerial develop Beaverton, M 7.5-minute quadranl, hoto ra h • PHS Pacific Habitat Services, Inc. ;7ssl si ~ ~ ` - - 1 ' 1 ' Legend • Wetland 10 7521 SA 7. S-V Sr. - .n. r• • 3_ 7,515 Sr: `r 7 !9 / 1.511 S!. 7,311 Sr. Two SA L-J 20 . 1 7.607 SF ! 4lJZ S!. 7574 S. 739ACLT- 'f, •.7474 Z1 r \ ,.e4`74•" ; 7661 / I Z 7326 S/. - 1 • r ,.^i•. , 75+1 Sr. . k a• , . w A s ---W 0 50 100 200 Scale in Feet 2/23/98 7-1542 Figure 4. Project site and offsite wetland boundary for the proposed Walnut Glen subdivision on SW Walnut Street, in Tigard, Washington County, Oregon (Base map provided by Compass Corporation, 1998). HALSTEAD'S • ARBORICULTURE "Specialists in the care and :reservation of trees" CONSULTANTS David Haisread. Consultant 6.S P O. Box 1182. Tualatin. OR 97062 ` Phone: 1503) 245.1383 February 18, 1998 i ATTN.: Mr. Ken Sandblast Compass Corporation >r 6564 SE Lake Road Milwaukie, OR, 97222 ` f fx 653-9095 } Reference: Tree Assessment Location: Walnut Street Subdivision ' Subject. Mitigation Report i have inspected the site located on SW Walnut Street and the intersection of the proposed SW 114th Avenue, the "Preliminary Plat Plan" dated 2116198, and the inventory of trees as numbered on the "Tree Survey Plan"; dated February 1998, for the purpose of determining what trees are to be removed and therefore mitigated per the City of Tigard's "Mitigation Plan". - 52- There are a total of 196 trees 6 inches and over at diameter breast height, y y located on the Tree Survey Plan. 52 of these trees are less than 12 inches and_ 3 2 fz are not required to be part of the mitigation. An additional 32 trees are considered as hazardous and 18 trees will be preserved and are not required to rice3 /z. be part of the mitigation. This leaving a total 94 trees to be mitigated. ` The hazardous trees have been counted in the field, marked on the Preliminary Plan, and noted in the tree inventory'VOB NO. 4072, Tree Table". r IT'- t The hazardous trees are listed as: i ( 2058, 2060, 2061, 2105, 2109, 2110, 2152, 2155, 2158, 2160, 2175; 2190, 2200; 2205, 2206, 2253, 2267, 2271, 2294, 2297, 2298, 2315, 2317, 2330, 2331, 2340, 2347, 2352, 2353, 2356, 2362 and 2364. - i It is not unusual to find this many hazardous trees on a an undeveloped site such as this. The trees are native, growing in an overcrowded situation and have never had any formal care. Most of the hazards come from severely multiple trunks which have formed from breakage caused by winter storms, damage not corrected and the tree left to decay, disease and severe stress. EXHIBIT D Page 2 February 12, 1998 Reference: Tree Assessment Location: Walnut Street Subdivision Subject: Mitigation Report Preservation of trees numbered: ,6 ,Z 2062, 2065, 2066, 2111, 2112, 2188, 2189, 2300, 2308, 2327, 2328, 2369, 2376, 2377, 2378, 2383, 2385, and 2386. Trees numbered for preservation are on the border of the property line, in the back of the lots, not so large as to be a threat to the forthcoming building project and should do well providing the root zone is not disturbed. Before construction starts the tree's root area will need to be protected by the placement of Orange Tree Barrier fencing no less than 20 feet from the outside base of the tree. Orange Tree Barrier fencing will be attached to steel fence post placed 8 feet apart. The fence post will be driven into the soil no less than 2 feet. A light cable andlor heavy wire will be interwoven through the fencing and attached to the top of the steel stakes and approximately 2 feet above ground in order to secure and strengthen the fencing. The fencing as described will be maintained throughout the construction phase. If any work is done within the protected area andlor if the fencing needs to be adjusted because of the proposed building it will first be approved by and supervised by the consulting arborist. Pruning and cabling may need to be done in order to make the trees as safe as possible. Those arboriculture technicians working within the trees will need to inspect the treels very carefully to make sure they are safe to climb. Therapeutic fertilizing and special treatment will not be needed. Tree removal needs to be completed in a careful manner so as not to damage ant trees to be preserved. Any tree to be removed within 15 feet of a tree to be preserved needs the stump ground out rather than excavated. Page 3 February 12, 1998 Reference: Tree Assessment Location: Walnut Street Subdivision Subject: Mitigation Report With the number of houses, road ways, drive ways, utilities and other like hardscape areas and the required working areas the remaining trees marked for removal do not have the needed root area, nor the resistance to construction trauma to survive and will be mitigated. Of the 112 trees only 18 are to be preserved leaving 94 trees to be removed for a total of 1, 890 caliper inches. The total amount of replacement trees and/or monetary compensation will be 1, 890 caliper inches. This is described in "18.150.045 Incentives For Tree Retention; "number 2 "a" Retainage of less than 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070. D. of no net loss of trees." Mitigation involves dividing our total mitigated inches by the largest reasonable available replacement tree in accordance to the City of Tigard Community Development Code Section 18.150. However, Code Section 18.150.070, E states that a monetary compensation may be made in lieu of tree replacement. If I can be of further assistance in this matter or if more technical material is needed please call me immediately. Sincerely, hl David Halst;ad BS CA 0 • WALNUT GLEN SUBDIVISION STORM SYSTEM AND DOWNSTREAM ANALYSIS The proposed storm sewer system for this residential subdivision will consist of capturing roadway surface water run-off through a series of catch basins and directing the water through a main line storm pipe to the open space tract located at the north end of the project. The design for the storm sewer system will provide for the collection and conveyance of rooftop drain spout runoff into the main line storm pipe as well. Upon conveyance of the surface water runoff to the north end of the subject site, the treatment storm flow will pass through a water quality swale located in the open space tract and subsequently discharge into Summer Creek which flows on City of Tigard property adjacent to the north boundary line of the subject site. The water quality swale will be designed to filter out phosphorous and other pollutants and will provide good runoff treatment prior to being discharged into Summer Creek. In satisfaction of the application requirements, preliminary water quality calculations have been completed for this development and are included with the application submittal package. Based upon information obtained through a detailed survey of the subject site, field observations, an analysis of the Summer Creek drainage basin from U.S.G.S. Beaverton quadrangle topographic map, and discussions with City of Tigard, a downstream analysis for Summer Creek has been explored for this project. It appears that no adverse impacts will be caused as a result of the construction of this project. In looking at the total run-off volume from this site, we estimate that the project will contribute approximately 5% of the drainage volume at a point 1/4 mile downstream. In addition, it is our understanding that the existing culvert at Tiedeman Avenue has recently been upgraded to handle flows from the entire drainage basin. Therefore, it is proposed that no detention will be provided for this development. TMcmh N:\CLER\FINAL\Working\02-98\4072Feb.23.doc EXHIBIT E WALNUT GLEN SUBDIVISION J Water Quality Calculations Developed Site Impervious Area Streets: (550 ft)(29 ft) = 15,950 FT2 1/2 Street (370 ft)(12 ft) = 4,440 FT2 Tract "B" = 4,320 FT2 Tract "C" = 1,640 FT2 Tract "D" = 4,600 FT2 Dwelling units: (22 lots) x (2,640 FT2/lot) = 58,080 FT2 Total impervious area = 89,030 FT2 Water Quality Swale Flow entering the swale: Q into the swale computed from the runoff from 100 percent of the impervious surface of the proposed development during a 0.36 inch in 4-hour storm event. Q = 0.36 in x 1 hr x 1 ft x 89,030 FT2 = 0.19 cfs 4 hrs 3600 sec 12 in Proposed length of swale: 135 ft Bottom width: 4.ft Side slope: 4:1 Channel Slope: 0.015 ft/ft Channel roughness, n: 0.25 From Civil Tools "Man-Made Channels" print-out V = 0.24 ft/sec < maximum 0.9 ft/sec design velocity O.K. Y = 0.20 ft < maximum 0.5 ft design depth O.K. Resident time available = 135 ft x 1 min = 9.4 min. > minimum 9.0 min. o.k. 0.24 ft/sec 60 sec TRIUcmh N:\CLER\FINAL\W orking\02-98\4072Feb.23.doc r a t s~.: ~ as ~ N 1~~ j't kY''t A•~•,,``'r 'Fl a t Wa-1;•s < 'ts' 5 x., Y'ai,~~'cc~~.xz'' ,4 a s5 +~fi ]y 's .sf r .1 . ~Y"i.XZArfJ 51aiy3t~L ~.Y~~`•,ox.:- 'm °"Rt~r vK "~a~u, r~-c ice.. ,~.,Zq _ ""f'°'r.~ -e..~1._is.~- g rte' ~~T• n rc~~~;. a ~ - - ~t4 "ate ~ ;~•-k- "~'"-...F - "r~ - z}"c * .r•~.3'V 'k'vCr"'" S Y'• * t L...~ 4 w i' r~ +o.~ °M- M•^>'s. s c ~ ~ *z- 'tea"F'~.•~.~tt3.~,..,r a •t:S uyT. mfr •r'c 3e z~. w _ }-t2 "^~.r Y.: 4r`'Y z''~-.},`'~+"'aa=,i-y`>•~~-r? r".h : x•-••a. ~•-yc~~'"f--~-~. .r-F":~z~'3"..--~`T~R--- . Y ,max. 'y-. "3} r'enSu~...~x~'~Qar~*~r tr kz~- r :ic.~ ~t z ~'><.,a»"tasz rxr.'~ ~.~u'_-~"~ a. etc-_-< ' ^r1~ { "-7'•a- -°r. .z r . 7.. ~c'•Y•isY'« ~r a r Y- n' 'Y-s •~Tk-~ '`cei ae i : j,rn : s..,z-, - e 1t~".r;Y.. +J+'-,.~•+r7'. r 'Sr'F'=tza +rP~y„'°C+ i'a w.s~N.}" riw'bat r w•.. - -ri'y'-tom.". F'~c-,Y t. ~ -i~i-v,'r a 4Y!r-+~++Y^^ ~",*T' 4Er~~~ max, 'r' - ~;+~l'~{ = aac+'~y"~w~'z"'?.rt`'r g•t ,~,."."a.4.~.t'£`~y``` a 'v ~ ~ qpL 'R•r'TS~r".~ < C $ c~+{- . t~',y4.a~ < ate' x.+.~'.~-". ~ 5~,+ ~ z¢` p,~~.~xC~c r .p~ - -s36. 1~.. •.~it 's .rte; ~-~,i, ~;3';~c.r F F,~ -,r- ~.~F f.{ s''"''`7~ a~ ~ s'• ~~.r{ € ''t .4._ s .R. ,t-...r "'a.-. ",.tlx 'tie' .~d. ~Z'.if.~,.~~,-i `~1`~y,, e~`-`~~,. z n~,r x-:~_s~ nT a ~nSS dr x . * *f i kq y s at s F ~ss+nasEA. rze v, 01 a~.,~~' -t x~ 3 gat v"'t 1 ' -~sa r •y<r :fah. NY 7Y-,i-tr` JS"]'d, y fMAN f MADE CHANNELS, ar s ~'w« s~-3t _ 34 . ta.~aty+t wX x a et5"` r c n~i s~ r s ~z?;$NxA~"tri x............ -y::,---..b~, aw~''-e: ~...f ~-~e' ..•_,i„etd-4 s.kT§ni,~ «'-~*r.e`c=ca ~r..r t.r' ¢.s Lr+- -.-mo t .s •s Rya 3 s .as -t' y r^a'.•ri.~.w ~ti „L r4-c~^• z r-C. 7 2 'a"".a..r°r'+3 'i 4'~ +f 3 VARIABLES LIST f F-iC `Yr-FLOW DEPTH fi Y B CHANNEL BOTTOM WIDTHS CHANNEL SLOPE Q= FLOWRATE { M rCHANNEL SIDE SLOPE~~ N CHANNEL ROUGHNES~ ~~«2 .nc = Y ~i Y 'Ty rye.. za i ~1~? ' y.k u - r : r r •c ~E, 1~- sk ~ - .z,.-. ,z x t. _ - M VARIABLE TO=BE SOLVED (Y._,Q ,B,M,S OzR N J .F -.w.~4 _ F•."t1'° ' R - ~-e Pte" - ';C' - - Q (zCFS , r? 19 < RESULTS 8 1 FT) 4 M ( FT/FT-)-= ? 25 S--t.'F F, ?1-.015 A= 0:80 SF - - N .`r FT -1 l6 } ? 25 _ P= 4 41 _FT V= 0.24 -FPS - - - --F= :0:09 7-----7--SUB-CRITICAL- FLOW--' .<Shift>_„CPr_t .Sc>..print <Return>. repeat _.:....r....<Space Bar Y- back,to mem - ...~~%~a'zaA. t "S =TD.`S+ ~ . ' - > 4r !~~F+zf~ s} _ . }}''lr'~ 1 c,.Y. . 's. i•, S ; y~3Fvcz,va.v} %ta._r-F x`78~~ z t-s F Z r ?.~-1r ~ J`.J.'tr ^~,i-,SY z 'k. ~}R 1~ Y .y,h. ~'r- S#zr3 t n. t' t t y z {ts.y rrs1~~ -vf r Sr a- - ~ cz-% t ~(~'~l-•k K i~9•,., °=s ~5 a t ~ } 7 n.n s•C• xy~.i`.fit.•✓~t'- 1+. rte. fi.~#...f~, s c f_". ,q "'N xr 'ri. - . %r~Fiy''. '•t- w a' ~ t `.)I a F - ° "?+s~r~u~" ".`l y.-, ~sw_ .'i.-M i...'_"t.•AS, rte'..."'..i:ix- :«J ?r z.. ..a;~`ue_ .=~'4eEfs. ......e _ . a!. ..ec4y: za, -7 r- DRAFT COPY DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR THIS DECLARATION is made on this._ , day of , by Riverside Homes Inc., an Oregon corporation ("Declarant"). RECITALS A. Declarant is the owner of that certain real property located in the County of Washington, Oregon, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof and to provide for the subjecting of other real property to the provisions of this Declaration in phases. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration (unless the content shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean the Homeowners Association, a Oregon nonprofit corporation, its successors and assigns. 1.1.2 "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Oregon law. 1 h DRAFT 1. 1.3 "Bylaws" shall refer to the Bylaws of the Orchard Pointe Homeowners Association. 1. 1.4 "Conn-non Areas" shall mean any and all real and personal property and easements and other interests therein, if any, together with the facilities and improvements located thereon, now or hereafter owned by the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real pioperty and interest therein described in Article 2 herein. 1.1.6 "Community-Wide Standard" shall _mean the standard o 'conduct, maintenance, or other activity generally prevailing in the Community. Such st uldard may be more specifically determined by the Board of Directors of the Association. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1. 1.7 "Declarant" shall mean and refer to Riverside Homes Inc. , an Oregon Corporation, and its successors-in-title and assigns, provided any such successor- in-title or assign shall acquire for the purpose of development or sale of all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2 herein, and provided further, in the instrument of conveyance to any such successor-in- title or assign, such successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Article 2 herein which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of Washington County and ending on the earliest to occur of (i) five (5) years from the date of recording of this Declaration; or (ii) the date Declarant elects to terminate the Development period following at least sixty (60) days written notice from the Declarant to the Association, or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the subdivision. For the purpose of determining when 75% of the Lots have been transferred, transfer of title to a Lot by the Declarant to any Participating Builder shall be disregarded, until that title is further transferred to a purchaser who is not a Participating Builder or Declarant. 1. 1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 2 3 DRAFT 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of Washington County. 1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Single Family" shall mean a single housekeeping unit for single family residential use as defined in the municipal code of the jurisdiction in which the property is located. 1.1.17 "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 Property Hereby Subjected To This Declaration. The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described: Lots through , and Tracts as recorded in plat Book Page S , Washington County, Oregon. Tracts A, B & C are Common Areas to be owned and maintained by the Orchard Pointe Homeowners Association. Tracts A and C are Pedestrian/Bicycle Access Tracts and are subject to a Public Access Easement. Tract B is a storm sewer detention pond. It shall be 3 DRAFT considered a sensitive area and notwithstanding any other provision to the contrary, its use shall be limited pursuant to Section 5.6 below. Notwithstanding Section 10.1.1.4 below, Declarant shall have the unilateral right to transfer ownership of Tract B to the Unified Sewerage Agency at any time. ARTICLE 3 THE HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Oregon. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents: provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Vlembersliip. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (1) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 4 DRAFT 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or as is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the Architectural Control Committee to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The Architectural Control Committee shall consist of not less than one (1) nor more than three (3) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the Architectural Control Committee. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the Architectural Control Committee. The Declarant has named Todd Boyce, whose address is 15455 NW Greenbrier Way, 4140, Beaverton OR 97006 as the sole member of the Architectural Control Committee. At the termination of the Development Period the Declarant's appointee to the Architectural Control Committee shall be deemed to have automatically resigned, and the Board shall appoint new members. 3.5.2 Members of the Architectural Control Committee shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the Architectural Control Committee harmless for any liability incurred while serving as a member of the Architectural Control Committee. 3.5.3 Members of the Architectural Control Committee shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each member harmless for any liability incurred while serving as a member of the Architectural Control Committee. 3.5.4 The Architectural Control Committee shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 5 DRAFT 3.5.5 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ARCHITECTURAL CONTROL COMMITTEE, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ARCHITECTURAL CONTROL COMMITTEE, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY" PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OW' ER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANT Y ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ARCHITECTURAL CONTROL COMMITTEE, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE. OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF A- NY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bvlaws. Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and reaulations. 6 DRAFT ARTICLE 4 ASSESSMENTS 4.1 Purpose of Assessment. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of the Common Areas, if any, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 7 DRAFT 4.3 Adoption of Budget. If the Association owns any Common Areas, it shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets, if any, and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least fifty-one percent (51%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of Washington County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments, Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days 8 DRAFT shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association orits agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and 9 DRAFT conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. ARTICLE 5 t MAINTENANCE, CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. This maintenance shall include, without limitation, maintenance, repair, and replacement of any landscaping and improvements located thereon that benefit the Community. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to. and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3 above, all maintenance of any Lot and all structures; parking areas, landscaping, and other improvements thereon together with the landscaping on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community-Wide Standard and this Declaration. The Declarant will construct a fence in the rear portion of Lots 1 through 19, inclusive. The Owners of Lots 1 through 19 shall be responsible to maintain the portion of the fence on their Lot in uniform appearance and consistent with the Community-Wide Standard and this Declaration. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's 10 ®RAFT obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and-become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.5 Convevance of Common Areas by Declarant to Association. During the Development Period, the Declarant may transfer or convey the Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas shall be subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas shall be appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 Sensitive Areas. If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article 5, the provisions in Section 10. below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. I1 0 DRAFT ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they- are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design guidelines which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Such design guidelines shall be established by the Architectural Control Committee for the purpose of establishing a Community of harmonious design. Without restricting or limiting the authority of the Architectural Control Committee pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two stor-.,, or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and aara?es. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from 12 13 DRAFT the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the Architectural Control Committee. 6.33' Setback requirements for all Lots shall be as provided in applicable ordinances of the County of Washington or other applicable jurisdiction or agency. 6.3.4 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the Architectural Control Committee, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the Architectural Control Committee will consider functional necessity and architectural desirability. 6.3.5 All driveways and parking areas shall be surfaced with material approved by the Architectural Control Committee. 6.3.6 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the Architectural Control Committee. All fences shall be constructed of cedar wood or brick, or both, unless approved by the Architectural Control Committee. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by-the Architectural Control Committee, which standards may provide for limited acceptable styles and/or specifications. 6.3.7 Each home constructed on a Lot shall be built of new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the Architectural Control Committee. 6.3.8 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.4 Existing Home/s.The existing residence/s which were constructed before the Declarant bought the Subdivision, if any, located in the plat, shall be exempt from the provisions of Section 6.3 above and Subsection 6.6.5 of this Article 6 unless it or they are remodeled; demolished, or substantially damaged by catastrophe, in which case any new construction placed on such lots shall conform to the provisions of these subsections. 6.5 ins. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the Architectural Control 13 DRAFT Committee. Notwithstanding the foregoing, the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition. "For Sale" and "For Lease" signs and security signs consistent with the Communit,--Wide Standard and any signs required by legal proceedings may be erected upon any Lot. The Declarant or Declarant's successor may place a permanent entry monument on the northeast corner of Lot 8 displaying for public view the subdivision name "Orchard Pointe" on it. The Owner of Lot 8 shall maintain any landscaping in front of the monument so that it is visible to the public view at all times. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway- areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except that boats on licensed boat trailers, and camping trailers, and other recreational vehicles may be parked in areas screened by a six foot high sight-obstructing fence. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion 5 14 J DRAFT of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Parking. Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the Architectural Control Committee. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.9 Occupants Bound. All provisions of the Declaration. Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate cleanup and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity 15 rDR shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the Architectural Control Committee. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt colwitions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, constructions supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior antenna of any- kind shall be placed, allowed, or maintained upon any Lot or any portion of the Community, unless it is screened from view from the street. The Architectural Control Committee may grant exceptions to this restriction. Each Owner and Occupant acknowledges that this provision benefits all Owners and Occupants and each Owner and Occupant agrees to comply with this provision despite the fact that the erection of an outdoor antenna or similar device would be the most cost-effective way to transmit or receive the signals sought to be transmitted or received. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm se\- ers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the Architectural Control Committee in its sole discretion. 16 17 DRAFT 6.17 Garbage Cans. Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Revie"y Committee. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the Architectural Control Committee, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 Lighting. Except as may be permitted by the Architectural Control Committee, exterior lighting shall not be permitted except for (i) two (2) decorative post lights, (ii) street lights in conformity with an established street lighting program for the Community; (iii) seasonal decorative lights; or (iv) front house illumination of model homes. Other decorative yard lighting shall be permissible subject to prior approval of the Architectural Control Committee. 6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the Architectural Control Committee. 6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the Architectural Control Committee. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 17 DRAFT 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to obtain or-effuse to be obtained insurance on any Common Areas owned by the Association or any Common Areas acquired in the future by the Association as follows: 7.1.1 The Board shall have the authority to obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, an d the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall have the authority to obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability- policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7. 13 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 18 DRAFT 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance authorized by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Oregon. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mort gagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the County of Washington. 7.3 Other Insurance. In addition to the other insurance authorized by this Article 7, the Board is authorized to obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 19 o AFT 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction - Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the propervy to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in Section 7.2 of this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof. the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or 20 a DRAFT reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction - Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. ARTICLE 8 CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 21 ~C~o )"R AFB' 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder; 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration. Bylaws or Articles of Incorporation. 9.5 Applicability of Article 10. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration. Bylaws, or Oregon law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners; may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Casements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: - C23 22 DRAFT 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 10. 1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, 23 DRAFT repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 103 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such-maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. There is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street-scapes for the Community, as more fully described on the recorded subdivision plats for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described Article 2 of this Declaration including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use 24 as ®T residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Oregon law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to 25 a ~ DRAFT this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 113. This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if suc-hamendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materiall-- adversely affect the substantive rights of any Lot Owners hereunder. nor shall it adversely- affect title to any Lot without the consent of the affected Lot Owner. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant (so lone as the Declarant owns any property for development and/or sale -in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.E Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held 26 o DRAFT invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 11.7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or-voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Oregon law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the-discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 27 02 E a DRAFT 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale. Lease or Acquisition. In the event an Owner sells or leases such O,,vner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Ligation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, 28 RAFT and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED the day and year first above written. DECLARANT: RIVERSIDE HOMES INC., AN OREGON CORPORATION 'odd Boyce, Regional Manager State of Oregon ) SS. County of Washington ) I certify that I know or have satisfactory evidence Todd Boyce is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Regional Manager of Riverside Homes Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: (Signature) My appointment expires D 29 120 DAYS 8/21/98 CITY OF TIGARD Community Development ,Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SUBDIVISION (SUB) 98-0001NARIANCE (VAR) 98-0002 Case Name(s): WALNUT GLEN SUBDIVISION Names of Owners: Eva Sweeney, Wayne Thompson, Kent & Brenda Wizer, Ken Kvarnstrom and Dianne Kvarnstrom (Specific owners for each tax lot are available upon request) Name of Applicant: Bill Waqoner, Riverside Homes/Applicant's Rep.: Ken Sandblast Compass Corp Address of Rep.: 6564 SE Lake Road City: Milwaukie State: Oregon Zip: 97222 Address of Property: The subject properties are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace. City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: 2S103AB, Tax Lots 00600, 00700, 02000, 02100 and 02200. Request The applicant is requesting preliminary plat approval to subdivide approximately 5.06 acres for the creation of a twenty-three (22) lot Subdivision. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards. Existing development constraints, surrounding pattern, topography, existing configuration of the subject site boundaries and the lack of existing and future street connections combine to create an extra ordinary hardship for this application which necessitates this cul-de-sac variance. ` lone: Single-Family Residential - 7,500 Square Feet or 5,000 Square Feet Per Unit, 4.5 Units Per Acre; R-4.5. The purpose of the R-4.5 Zoning District is to establish standard urban low density residential sites. The R-4.5 zone allows, among other uses, single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.40, 18.50, 18.84, 18.88, 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. Action: ❑ Approval as Requested 19 Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: 17 Owners of record within the required distance O Affected governmental agencies 19 The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: % DATE OF FILING: JULY 2, 1998 THE DECISION SHAH BE,FINAL ON WEDNESDAY: 10LY 15,11998 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 $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30.1W. ONJULY 15,19`98: Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION NOTICE OF FINAL ORDER BY THE HEARING'S OFFICER BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Riverside Homes for approval of ) FINAL ORDER a preliminary plan to divide 5.06 acres into 22 lots and variances ) to the maximum cul-de-sac length and to the maximum number ) SUB 98-0001 of lots with access to a cul-de-sac for land north of Walnut ) VAR 98-0002 Street at SW 114th Terrace in the City of Tigard, Oregon ) (Walnut Glen) 1. SUMMARY A. This final order concerns an application by Riverside Homes (the "applicant") to subdivide property located on the north side of Walnut Street at the intersection with SW 114th Terrace (the "site"). The applicant proposes to divide the 5.06-acre site into 22 lots. All of the proposed lots comply with dimensional requirements of the R-4.5 zone. A single family detached dwelling will be built on all but one of the proposed lots. An 4existing residence is proposed to be retained on proposed Lot 6. A second existing residence will be removed. B. The applicant will extend public sewer and water service to each lot. The applicant will dedicate right of way and construct half width improvements along the site's Walnut Street frontage. The applicant proposes to dedicate and improve SW 114th Place (designated 114th Court on the preliminary plat) as a roughly 500-foot long cul-de-sac street north of Walnut Street. The CDC prohibits a cul-de-sac street from being more than 400 feet long or serving more than 20 lots. The applicant requests variances to those standards. The applicant proposed to construct two private streets extending from the cul-de-sac street. All proposed lots will be served by the proposed cul-de-sac or private streets. A homeowners association will be created to own and maintain the tracts containing the private streets. C. 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 north end of the site for treatment. . Treated stormwater will be discharged to Summer Creek northeast of the site. The applicant will dedicate to the City the tract containing the stormwater facilities. D. At the public hearing in this matter, City staff recommended approval, subject to conditions. See the Staff Report dated May 28, 1998 (the Staff Report). The applicant accepted the staff recommendations with exceptions. Three neighbors testified orally and in writing with objections and concerns. The hearings officer held the record open for one week to allow the public to review and comment on the evidence submitted at the hearing. The hearings officer held the record open for an additional week to allow the applicant to submit a closing statement. The principal issues in this case include: • If the applicant must provide a public street stub to the east edge of the site; • If the whole pole portion of the proposed flag lots must be at least 25 feet wide; • If the applicant must provide access to the stormwater and sewer facilities in proposed Tract A separate from the driveway serving the adjoining lot; • The adequacy of the proposed stormwater plan; • The traffic impacts of the proposed development; 0 The potential impacts of clearing on this site; and • The compatibility of the proposal with the surrounding area generally. E. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the subdivision 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 June 8, 1998 to receive and consider public testimony in this matter. The following testimony was offered at the hearing. 1. City planner Julia Hajduk summarized the Staff Report and proposed development. She testified that the applicant must modify the plat to provide at least 25 feet of frontage for each lot, and that flaring the flag poles for lots 4, 8 and 13 to achieve 25 feet of frontage at the street is not adequate to comply. This may reduce the total number of lots which can be developed on this site. The applicant also is required to extend a public street to the east boundary of the site to allow for future extension when the abutting property is further developed. She argued that the adjoining property could be developed with more than 6 lots pursuant to the density transfer provisions of the Code. The Code prohibits private streets serving more than 6 lots. In addition, providing private street access to abutting properties can create problems with maintenance requirements and access rights. 2. City engineer Brian Rager testified in support of the condition requiring the applicant to extend a public street stub to the east edge of the site. He also testified the applicant should be required to provide access to the stormwater facilities and sewer manhole in Tract A separate from the driveway for proposed lot 13. Separate access is necessary to ensure parking on lot 13 does not obstruct access for City maintenance vehicles. If joint access is permitted, restrictions should be noted on the face of the final plat. Parking, fences, structures or other activities which obstruct access to the sewer and stormwater facilities must be prohibited. If a manhole is provided between proposed lots 14 and 15, it must be located in a tract. He opined that the applicant's preliminary drainage plan adequately addresses drainage on the site. He testified that the City is unlikely to install a stop sign on Walnut Street, a major collector. He testified that Washington County plans to provide a traffic signal at the intersection of Walnut Street and 121st Avenue. The City plans to extend SW Gaarde Street to intersect Walnut Street. These improvements will reduce traffic volumes on Walnut Street. fi 3. Ken Sandblast appeared as the representative for the applicant. He introduced a revised preliminary plat and topography map of the site and surrounding area. a. He argued that the proposed variances are necessary, because the surrounding land use pattern makes it impracticable to comply with the Code. b. He argued that shared access to the stormwater facilities and lot 13 can be provided. A provision could be included in the CC&Rs prohibiting parking or other uses which interfere with access to the tract. He opined that Tract A may be too small to accommodate separate access. In the alternative, a sewer manhole could be provided within an easement between proposed lots 14 and 15, west of Tract B. c. He argued that the revised preliminary plan shows that all lots have at least 25 feet of frontage on a street. He argued flaring the flag pole for lots 4, 8 and 13 Hearings Oricer Final Order SUB 98-OWIIVAR 98-0002 (Walnut Glen) Page 2 where they abut the street is consistent with the plain meaning of the words in the code. The applicant could essentially avoid compliance with this standard by combining. proposed lots 7 and 8 for purposes of the subdivision. The applicant could then file a partition to i create two lots without compliance with the 25-foot frontage requirement. d. He argued that a public street stub to the east is not warranted. The existing residence on the abutting property would prohibit further extension of a public street. In addition, development on the abutting property is limited by the accessibility of sanitary sewer service. Only those portions of the abutting site above elevation 180 feet above mean sea level ("msl") could be served by gravity flow sewers. e. He testified that the owner of the "Cloud" property east of the site would like to connect the existing residence to public sewers. The applicant is willing to provide this connection if reasonably practicable. 3. John Fulton testified that he has a 100-foot tall radio tower on his property, located west of proposed Lot 16. He testified that the existing trees on lots 14 through 16 screen the tower from view and from wind. He expressed concern that clearing on this site will expose the trees on his property to greater wind velocities and may cause them to fall onto the guy wires for the tower, potentially causing the tower to fail. He also expressed concerns about stormwater runoff from this site. He currently has problems year-round with standing water on his property. 4. Jerry Bennett testified that he owns the triangular shaped parcel abutting the southeast portion of the site. He argued that the applicant should be required to extend a public street to the east boundary of the site, rather than the proposed private street. He objected to the proposed density of development. He requested the hearings officer hold the record open to allow an opportunity to review the new information submitted by the applicant at the hearing. 5. Claudia Cloud, the owner of the property east of proposed Tract C, also requested the hearings officer hold the record open. 6. In rebuttal, Robert Mazany appeared as the arborist for the applicant. He testified that there is a potential for high winds to cause trees to fall. However proper pruning can reduce the risk. Trees in the adjacent Leron Heights development have had little maintenance. These trees need crown pruning to reduce the potential for failure to an acceptable level. 7. Also in rebuttal, Mr. Sandblast testified that the applicant is aware of the stormwater issue on adjacent properties. The applicant will prepare a final stormwater plan consistent with the requirements of the Code. He noted that the applicant proposed to develop the site with less than the maximum density allowed under the Code. He offered to submit a copy of the tree mitigation plans to Mr. Bennett. He opined that the proposed private street can be extended to serve the adjacent property east of the site. There is no need for a public street. If a public street is required, the applicant should be allowed to modify the plat to provide a private street in the event the adjoining property is developed with 6 or fewer lots. B. The hearings officer held the record open for 7 days to allow interested parties an opportunity to submit additional written testimony in response to the new evidence presented at the hearing. The hearings officer held the record open for an additional week to allow the applicant an opportunity to submit a closing statement. Hearings Officer Final Order SUB 98-OOOIIVAR 98-0002 (Walnut Glen) Page 3 r M. 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 with exceptions. 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 provides for the extension of a private street rather than public street to the east of the site. The hearings officer finds that a public street is required in this case. 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. a. The hearings officer finds that the proposed private street limits potential development of the abutting property. The abutting property, tax lot 403, contains roughly 2.41 acres which could be developed with a maximum of l l lots. CDC 18.164.030(S)(3) prohibits private streets serving more than 6 lots, except in planned developments. Therefore the hearings officer finds that the proposed private street limits future development TL 403 and a public street is necessary. (1) The hearings officer concedes that development of the abutting property is limited by topography. Development on the northern portion of the site is further constrained by steep slopes and wetlands near Summer Creek. In addition, the applicant ` testified that only the southern portion of the site can reasonably be served by existing gravity flow sewers. However these development constraints could be partially avoided through the residential density transfer provision. CDC 18.92.030. (2) The hearings officer finds that a reasonably prudent developer will develop property to the maximum extent feasible. It is not reasonable to assume the abutting property will be developed with only 6 lots. In addition, more than one of the abutting properties could be combined and developed as a single parcel. That is how this site was created; therefore it is- reasonable to assume the abutting properties could be developed in a similar manner. Also, as occurred on this site, existing structures could be removed to enhance the development potential of the abutting property. (3) Therefore the hearings officer finds the applicant mutt construct a public street stub to the east edge of the site to serve future development on adjoining lots. C. There is a dispute about the density of the proposed development. It was argued that the density should be reduced. City staff and the applicant point out that the proposed density is within the range permitted by the R-4.5 zone, and the proposed lots comply with the dimensional minimums in that zone. Because the proposed plat complies with the comprehensive plan map designation and zoning of the property, it must be approved. The Code does not authorize the City to require larger lots. Although the proposed lots are smaller than adjacent lots, they contain compatible uses (single family detached dwellings). D. It was alleged that clearing on this site will expose trees on adjacent sites to greater wind impacts, increasing the possibility that trees will be blown down during storms. The F hearings officer acknowledges that the existing vegetation on this site may serve to buffer adjacent properties from strong winds. Clearing on this site will eliminate that buffer effect. However the Code does not prohibit such impacts. Hearings Officer Final Order SUB 98-OOOIIVAR 98-0002 (Walnut Glen) Page 4 a. The applicant offered to prune the trees on Mr. Fulton's property to reduce their "sail" and failure potential. The hearings officer finds that a condition of approval is warranted to this effect consistent with the offer the applicant made at the hearing. However such a condition should reflect that Mr. Fulton must allow the applicant to enter his property to fulfill the condition. If he declines such consent subject to reasonable constraints, further compliance with such a condition should be waived. b. The applicant also offered to plant additional trees on parcels adjacent to the site and to work with Ms. Cloud to plant trees along their common boundary to mitigate the loss of trees on this site. If these off-site trees are to be counted towards the applicant's required mitigation, the applicant must record deed restrictions or similar limitations on removal pursuant to CDC 18.150.045. E. 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, p. 24. The hearings officer accepts the testimony of Mr. Fulton regarding storm water ponding on his property. However there is no evidence that the proposed development will exacerbate this existing condition. The applicant is not required by law to remedy that condition. F. There is a dispute about the required lot width. Staff argue that the entire flag pole portion of the proposed flag lots must be at least 25 feet wide. a. CDC 18.164.060(B) provides: Each lot [in a subdivision] shall abut upon a public or private street, other than an alley, for a width of at least 25 feet...unless the lot is for an attached single-family dwelling unit in which case the frontage shall be at least 15 feet." (Emphasis added). b. Construing this section as a whole, the hearings officer concludes that CDC 18.164.060(B) requires 25 feet of frontage for single family detached lots. CDC 18.26.030 defines "frontage" as "the portion of a lot which abuts a road." The hearings officer finds that the Code does not require this "frontage" to continue the entire length of the flag pole portion of a flag lot; only that portion of the lot which "abuts" the street c. In this case, all proposed lots have a minimum 25 feet of frontage on a public or private street. The 15-foot wide flag pole portion of the proposed flag lots is sufficient to accommodate a 15-foot wide access and a 10-foot wide paved driveway as required by CDC 18.108.070(A). Therefore the hearings officer finds that the preliminary plat complies with the access and frontage requirements of the Code. Condition of approval 7 as proposed by City staff should be deleted. (1) The City may have required a 25-foot flag pole for flag lots in prior cases. However the hearings officer finds, based on the above analysis, that the prior conditions were not supported by the Code. Conditions of approval imposed in prior cases have no value as precedent, because they are not land use regulations. G. The hearings officer finds, based on the traffic study, that area roads can accommodate _ the additional traffic generated by this development The traffic study was prepared by a licensed professional engineer based on actual traffic volumes. Future traffic volumes were Hearings Ofj'icer Final Order SUB 98-0001NAR 98-0002 (Walnut Glen) Page 5 estimated using accepted methods of calculation based on the type and amount of development proposed. The unsubstantiated opinions of local residents about what the traffic effects will be is not sufficient to overcome the expert testimony in the traffic study. H. The hearings officer finds that separate access to Tract A is not necessarily warranted. The Code does not require separate access. Restrictions can be imposed to ensure reasonable access is available to the City facilities in Tract A via a single, shared accessway. Construction of a separate accessway would likely reduce the number of lots which can be developed on the site. The applicant should be required to grant an access easement to the City allowing access to Tract A over lot 13. The easement should prohibit parking, fences, gates or other structures, conditions or uses of lot 13 which restrict the City's use of the easement for access to the tract. The easement and its restrictions should be shown on the face of the plat to notify future owners of them. A condition of approval is warranted to this effect. IV. CONCLUSION 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. V. DECISION ' f. Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby approves SUB 98-0001/VAR 98-0002 (Walnut Glen) subject to the conditions of approval in the Staff Report with the following changes: A. Condition of approval 5 is hereby amended to read as follows: 4.D. Prior to clearing on the site, the applicant shall submit to Mr. Fulton a written offer to prune the trees on his property by an arborist or similar landscape professional to reduce their potential exposure to high winds. The written offer shall summarize the proposed pruning, i.e. when the trees will be pruned and the scope of pruning proposed. The offer shall provide Mr. Fulton a reasonable opportunity (no more than 30 days) to accept or reject the offer in writing. Mr. Fulton's failure to respond within the designated time frame will be construed as a rejection of the offer. Mr. Fulton may accept the offer subject to reasonable restrictions on when the work may be performed and subject to a requirement that the applicant hold the owner of the property harmless for any damage resulting directly from the pruning activities. B. Condition of approval 7 is hereby deleted. C. Condition of approval 26 is hereby amended to read as follows: 26. The applicant shall grant to the City an access easement over lot 13 allowing City vehicles, personnel and equipment access to the sewer and stormwater facilities within or abutting Tract A. The easement shall expressly prohibit any development or use on lot 13 which could interfere with the City's use of the easement, including fences, gates or structures of any kind, and shall Hearings OJ'wer Final Order SUB 98-"INAR 98-0002 (Walnut Glen) Page 6 expressly require the owner of lot 13 to pave and maintain a driveway in the access easement in a good and workmanlike manner so that it is contin- uously accessible to and safe for access by the City and its employees and agents. The easement shall be approved by the City attorney. TE s 29th d e, 1998. Larry E stein, City of ar ngs Officer 4 Hearings Offi erFinalOrder SUB. 98-"INAR 98-0002 (Walnut Glen) Page 7 Agenda Item: 2.1 Hearing Date: June 8.1998 Time: 7:00 PM ' STAFF REPORT TO THE HEARINGS OFFICER CITY OFnGARo F0.11 THE CITY OF TIGARO ON t unity ,«~t SECTION I. APPLICATION SUMMARY CASES: FILE NAME: WALNUT GLEN SUBDIVISION Subdivision SUB 98-0001 Variance VAR 98-0002 PROPOSAL: The applicant has requested the following development applications: 1. Subdivision preliminary plat approval to divide an area consisting of five (5) lots totaling approximately 220,413 square feet (5.06 acres) into 22 lots ranging between 7,507 square feet to 8,347 square feet; 2. A Variance request to allow an approximately 500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and 3. A second Variance request to allow 22 lots to have access via a cul-de-sac, whereas, the Code states that no more than 20 lots can have access off of a cul-de-sac. APPLICANT: Bill Wagoner APPLICANT'S Ken Sandblast Riverside Homes REP.: Compass Corporation 16666 Greenbrier Pkwy, S-140 6564 SE Lake Road Beaverton, OR 97006 Milwaukie, OR 97222 OWNERS: Eva Sweeney, Wayne Thompson, Kent and Brenda Wizer, Ken Kvamstrom, and Diane Kvamstrom (Specific site ownership information and addresses available upon request). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 4.5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. " s LOCATION: The subject properties are located on the north side of SW Walnut Street at its intersection with SW 114th Terrace; WCTM 2S103AB, Tax lots 00600, 00700, 02000, 02100 and 02200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.40, 18.50, 18.84, 18.88 18.92, 18.96, 18.98, 18.100, 18.102, 18.106, 18.134, 18.150, 18.160 and 18.164. SECTION II. STAFF RECOMMENDATION Staff recommends that""the Hearings Officer fintl;that the proposed Subdivision will not adversely, affect the health, safety Arid welfare of the City : Therefore;':staffrecommends: PPROVAL, subject to the following recommended; conditions of approval ' f STAFF REPORT TO THE HEARINGS OFFICER 64M PUBLIC HEARING SUB 98-0OOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE I OF 24 CONDITIONS OF APPROVAL BALLCONDITIONS SHALLLBE,SATISFIED PRIOR TO RECORDING ~'-THE FIN AL`PLATAWITH WASHINGTON COUNTY .`(Unless otherwise specified, the staff contact for all conditions is r,r Brian Rages with`the Engineering Department at 503-639=4171 1. Provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement, exclusive of access drives. Staff contact, Julia Hajduk (639-4171 x407) 2. Submit a revised plan that shows the proposed setbacks for the existing structure on lot six (6) are met. Staff contact, Julia Hajduk (639-4171 x407) 3. Modify the street tree plan to show the following: A. Spacing of trees along SW 114th Court will be in accordance with the Tigard Development Code based on the mature size of the tree; and B. Submit a plan that shows that no trees are proposed in the vision clearance triangle. Staff contact, Julia Hajduk (639-4171 x407) 4. TREE REMOVAL - The applicant shall: A. Provide the total number of caliper inches removed; B. Mitigate for 75% of the caliper inches removed. If the final number of trees removed exceeds 75% of the existing trees, the applicant must mitigate for 100% of the total caliper inches removed; and C. Record a deed restriction for those trees that are to be preserved. Staff contact, Julia Hajduk (639-4171 x407) 5. Provide a deed restriction for either lot 16 or lot 10 to prohibit access onto the private drive identified as Tract "B". Staff contact, Julia Hajduk (639-4171 x407) 6. Record a deed restriction for lots fronting SW Walnut Street prohibiting direct access onto that street. Staff contact, Julia Hajduk (639-4171 x407) c 7. Revise the plan to provide all lots with a minimum of 25 feet of frontage. This includes lots 4, 8 and 13, identified as panhandle lots. Staff contact, Julia Hajduk (639-4171 x407) 8. Obtain a public improvement permit and compliance agreement 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. STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 2 OF 24 9. Provide the Engineering Department 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. 10. Provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or. buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 11. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to construction of the public improvements. 12. The final plat shall indicate that additional right-of-way will be dedicated for SW Walnut Street to provide 33 feet from centerline. 13. Construct standard half-street improvements along the frontage of SW Walnut Street. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 22 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. curb or curb and gutter, D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6-foot concrete sidewalk; F. street striping'; G. streetlights as determined by the City Engineer, H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); 1. street signs; and J. adjustments in vertical and/or horizontal alignment to construct SW Walnut Street in a safe manner, as approved by the Engineern9 Department. 14. The final plat shall indicate that the new public street name will be "SW 114th Place". 15. Prior to construction of the public improvements, the applicant shall submit, for City Engineer and Planning Director review, a Future Streets Plan to show how a public street stub can be provided to Tax Lot 403 (WCTM 2S1 03AB). The plan shall show plan and profile of the street stub and how it can tie in with a realistic future lot pattern on Tax Lot 403. Topography of the subject site and Tax Lot 403 will need to be taken into consideration in order to ensure that the street stub is placed in an appropriate location. Final street stub location will be approved by the City Engineer. 16. The right-of-way and pavement widths of the street stub to Tax Lot 403 shall be 46 feet and 28 feet respectively. .STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 3 OF 24 17. The right-of-way and pavement widths of SW 114th Place shall be 46 feet and 28 feet respectively. 18. Both SW 114th Place and the street stub to Tax Lot 403 shall be signed "No Parking" on one side of the street. The applicant will be responsible for the costs of these signs and shall delineate on the construction plans which side of the streets will contain the signs. Final sign location and type shall be approved by the City. 19. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the public streets in the subdivision. Improvements shall be designed and constructed to local street standards. 20. A profile of SW Walnut Street shall- be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 21. Lots 1, 3, 4 and 22 shall not be permitted to access directly onto SW Walnut Street. 22. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private streets will be jointly owned and maintained by the private property owners who abut and take access from them. 23. 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 streets. 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 streets. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 24. The pavement and rock section of the proposed private streets shall meet the City's public street standard for a local residential streets. 25. 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. 26. A maintenance access roadway, built to City standards, shall be provided to serve the downstream sanitary sewer manhole adjacent to the northeast comer of Lot 13 and the proposed water quality facility in Tract A. This maintenance roadway shall be physically separate from the driveway serving Lot 13 and shall be contained within the confines of Tract A. The access roadway shall be a minimum of 15 feet wide. 27. Final design plans and calculations for the proposed public 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 to be approved by the City Engineer. The proposed facility shall be dedicated in a tract STAFF REPORT TO THE HEARINGS OFFICER 6/898 PUBLIC HEARING SUB 98-"INAR 98-0002 WALNUT GLEN SUBDNISION PAGE 4 OF 24 to the City of Tigara on the final plat. As a part of the improvement plans submittal, the applicant shall submit an Operations and Maintenance Manual for the proposed facility for approval by the Maintenance Services Director. The facilities shall be maintained by the developer for a three-year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. 28. 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." 29. 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). 30. 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. 31. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 32. 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. 33. The applicant shall either place the existing overhead utility lines along SW Walnut Street 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 $ 10,312.50 and it shall be paid prior to approval'of the final plat. 34. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The partition 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; and C. Once the City and County have reviewed the plat, submit two mylar copies of the partition plat for City Engineer's signature. STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBLIC HEARING SUB 98-OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 5 OF 24 1\ \ J -PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING l . SHALL e'st ffBon#atl sFIED ( y hall be Bri Rager Uhless otherwise DnotedNtfi f.. . with the En@nee rng `Departmenf at 503-39-4171.) 35. Prior to issuance of building permits, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Staff contact. Julia Hajduk (639-4171 x 407) 36. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 37. 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 improvements are completely finished, and 4) all street lights are installed and ready to be energized. PRIOR TO'THE ISSUANCE=OF OCCUPANCY PERMITS, THE' Q ; FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwisenoted, the staff contact shall be JULIA POWELL HAJDUK.. with the Planning Division at 503639-m.41fi71.) 38. All site improvements installed as per the. approved plans. 39. Plant a minimum of two (2) trees on each parcel as proposed as part of tree mitigation plan. IN ADDITION, THE'APPLlCANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT 'CODE- THIS IS NOT AN EXCLUSIVE LIST: ~ r 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. STAFF REPORT TO THE HEARINGS OFFICER 618198 PUBLIC HEARING SUB 98-"INAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 6 OF 24 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. 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: s 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and STAFF REPORT TO THE HEARINGS OFFICER 6MM PUBLIC HEARING SUB 98-MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 7 OF 24 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. 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. 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. STAFF REPORT TO THE HEARINGS OFFICER GMW PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 8 OF 24 THIS APPROVAL SHALL.BE VALID FOR ,1:8 MONTHS FROM THE EFFECTIVE DATE OF-THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: Tax lots 02000, 02100 and 02200 were partitioned in 1990 (MLP 90-0004NAR 90-0010) to create the current lots. Tax lot 00600 was annexed in 1992 (ZCA 92-0003). The remaining tax lots were annexed in January of 1983 (staff could not determine the ZCA number associated with that annexation). No other development applications were found to previously have been filed with the City. Vicinity Information: Adjoining properties to the north, south, east and west are zoned R-4.5 (Residential, 4.5 units per acre) and developed with single-family residential uses and vacant lots. The property is bordered on the south by SW Walnut Street. The property to the east is inside the City's Urban Services Area, but outside of city limits. Site Information and Proposal Description: The subject site includes.five (5) lots consisting of approximately 5.06 acres of property. The site is relatively flat in slope except along a portion of the east boundary and at the north end where the slope is between 10% and 20%. There are two (2) residential dwellings in the area to be developed, one of which is proposed to remain on lot six (6). The proposal is to create a total of 22 lots. The proposal also involves a variance request - to allow an approximately .500-foot long cul-de-sac, whereas, the Tigard Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and a second variance request to allow 22 lots to take access from a cul-de-sac, whereas, the Code states that the maximum number of lots permitted to take access from a cul-de-sac shall be 20. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Impact Study: Section 18.32.050 states that the applicant stlau 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 r 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. STAFF REPORT TO THE HEARINGS OFFICER 6AM PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 9 OF 24 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 TIF fee will be increasing to 1,899 on July 1, 1998). The applicant is being required to dedicate an additional 13 feet (4862 square feet) of right-of-way along SW Walnut Street and make improvements. 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 per square foot, it is estimated that the total cost of the dedication is $9724 (4862 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 $37,590 ($1,790 x 21 dwelling units). Based on the estimate that total TIF fees cover 32% of the impact on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is. $117,469 ($37,590 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $37,590, the unmitigated impact can be valued at $79,879. Given these estimates ($9,724 dedication), the conditions of approval are more than roughly proportional to the impacts. In addition, the applicant has concurred with the improvements and dedication on SW Walnut Street and the construction of SW 114th Court. PRELIMINARY SUBDIVISION PLAT APPROVAL STANDARDS 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. As will be discussed further in this decision under APPLICABLE CODE SECTIONS, the proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as, with the applicable policies and regulations of the R-4.5 zone and other applicable ordinances and regulations of the Tigard Development Code. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant provided evidence of the subdivision name reservation from Washington County. The proposed name of the subdivision, "Walnut Glen", is not duplicative of any other plat recorded in Washington County. 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. STAFF REPORT TO THE HEARINGS OFFICER 6/8198 PUBLIC HEARING SUB 98=000/NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 10 OF 24 The site does not abut properties with approved plats that would require conformity or connectivity. Therefore, this criteria is not applicable. Street and connectivity standards are discussed in more detail further in this decision. 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. The improvements are discussed in detail and conditions applied, if necessary, further in this decision. FINDING: Based on the above analysis, staff finds that the subdivision plat approval standards have either been met outright, do not apply or are discussed and conditioned in further sections of this decision. APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS Dimensional Requirements (Section 18.50): Section 18.50 states that the minimum lot area for each single-family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet. The proposed lots range between 7,507 and 8,347 square feet. Three of the lots are panhandle lots and staff can not confirm that the square footage indicated is exclusive of the access drive. As will be discussed further in this decision, the access width for the panhandle lots are not adequate and will need to be enlarged to 25 feet. This will most likely reduce the square footages to such an extent that at least one lot could be lost. The applicant must provide verification that all lots meet or exceed the required 7,500 square foot lot area requirement exclusive of access drives. As indicated on the site plan, all proposed lots exceed the 50-foot minimum lot width requirement. Development Standards: Section 18.50.050 contains standards for the R-4.5 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 Feet Front setback 20 Feet Garage setback 20 Feet Interior side yard setback 5 Feet Corner side yard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks for homes on lots 1-5 and 7-22 will be reviewed during the building permit review process. It appears that the setbacks for the house to remain on lot six (6) do not meet the front and rear yard setback requirements. The applicant must submit a revised plan (after all required adjustments are made)-that shows the proposed setbacks for the existing structure to remain on proposed lot six (6). Applicable Comprehensive Plan Policies STAFF REPORT TO THE HEARINGS OFFICER 6AM PUBLIC HEARING SUB 98-MlNAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 11 OF 24 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 December 18, 1997 and February 11, 1998. 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 it continues to allow for low density residential development. By providing close to the maximum density, the development is better meeting the City's density needs, and thus contributing to the diversity of housing. Sensitive Lands: Section 18.84 defines sensitive lands and provides standards for review of properties with sensitive lands The are no sensitive lands identified on the site, however, there is a wetland area off site in the direction of Summer Creek. The required wetland buffer is 25 feet. This buffer applies even if the wetland is off-site. The wetland buffer is discussed under Public Facility Concerns in relation to the water quality facility. Solar Access - Section 18.88.040 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. As depicted on the plan, six (6) of the 22 lots (27%) satisfy the basic criteria. Section 18.88.040(E) provides for adjustments to the 80% design standard if compliance would, among other factors cause adverse impacts on density or increases in development costs. The applicant contends that both of these factors are applicable to"the subject site due to the fact that compliance would cause a reduction in the proposed lots causing a loss of density and a corresponding increase in development costs. As per the provisions of Section 18.88.040 (E)(1)(a), connection into the existing roadway patter is required by this application which does not allow compliance with the 80% design standard. In any case, all future single-family detached residences constructed on the subject site will be reviewed for solar balance point standards through the building permit process. Densi : Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public.roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB %-00011VAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 12 OF 24 The gross area of the site is 5.06 acres (220,413 square feet). The net developable area of the site, after deduction of .68 acres (29,620 square feet) for public right-of-way and .30 acres (13,068 square feet) for private streets, is 177,725 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to 23 lots under the R-4.5 zoning designation. The applicant is proposing 22 lots including the lot for the existing residence. The proposal is, therefore, in compliance with density calculations. Please note, however, that due to how lot sizes are calculated, it is not always possible to fit the maximum number of units permitted. As will be discussed further in this decision, the applicant may end up losing at least one lot in order to provide the required lot area for all lots. Landscaping and screening (Section 18.100) 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. Street trees are shown to be planted along the newly constructed public street (SW 114th Court) and SW Walnut Street. The trees along SW Walnut Street are spaced approximately every 30 feet. The trees shown along SW 114th Court range in spacing between 50 and 80 feet. This proposed spacing does not meet the standards. The applicant will need to modify the street tree plan along SW 114th Court to provide the required spacing based on the size of the tree at maturity. Buffer Matrix (Section 18.100.130): 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 development abuts single-family residential development. Visual Clearance Areas (Section 18.106): 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 304oot 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 STAFF REPORT TO THE HEARINGS OFFICER 618/98 PUBLIC HEARING SUB 98-MlNAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 13 OF 24 • where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. This standard will be reviewed at time of development for individual lots. A required street tree at the SW Walnut Street/114th Court intersection appears to be in the vision clearance triangle. A revised plan must be submitted that shows the vision clearance triangle will be in compliance with the standards of the Tigard Development Code. Off Street Parking (Section 18.106): 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 for the individual lots. Access, Egress and Circulation (Section 18.108.070.A): This Section states that 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. Based on the lot frontages, however, each lot has the ability to provide a minimum 10-foot-wide driveway. The plan shows the private drives (Tract "D"; "B" and "C") will provide the required'25-foot access width. 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): 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 144 trees, 12-inch caliper or greater on the site and 32 of those are considered hazardous. The revised narrative states that the proposal will be retaining 33 of the remaining 112 trees. According to these figures, the applicant is retaining 29% of existing, non-hazardous trees 12 inches in caliper or greater and, is thus, required to provide 75% mitigation for those caliper inches removed. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-MINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 14 OF 24 The applicant has indicated they will mitigate these trees by a combination of oversizing the required 2-inch caliper trees with 3-inch caliper trees, planting a minimum of two (2) trees on each lot and fee mitigation payment to the City. Prior to final subdivision plat the applicant must provide the exact number of caliper inches removed and complete the mitigation by planting or bonding for the required trees and/or paying into the tree mitigation fund. If the final number of trees removed is greater than 75%, the applicant must comply with the full 100% mitigation. Section 18.150.045.6 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 18.130.6., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree(s) may be removed only if the tree dies or is hazardous according to a certified arborist. The applicant has not proposed a deed restriction for trees to be retained. In order to comply with these standards, prior to the recording of the final plat, the applicant shall record a deed restriction for those trees that are to be preserved. Prior to issuance of building permits on individual lots, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Improvements: Section 18.164.030(A) states that no development shall occur unless the development has frontage or approved access on a public street and requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. Southwest Walnut Street is classified as a major collector and SW 114th Court will be a local street. The dedication and improvement standards are discussed and conditioned further in this decision under PUBLIC FACILITY CONCERNS. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be filed which shows the pattern of existing -and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. 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 which shows Tract "C" extended to serve as a hammerhead providing access to a large undeveloped lot to the east (Tax lot 00403): Initially, it was expected that a public street could be extended through this property and loop . back to SW Walnut Street. It is staff's understanding that this is not feasible due to the topography on the adjacent lot, however, this is not confirmed. The property to the east is 2.41 acres and could get 11 lots based on density alone (the actual number of lots possible may be much less due to topography and/or sensitive lands). If Tract "C", a private drive, STAFF REPORT TO THE HEARINGS OFFICER 60% PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 15 OF 24 were permitted as the only access to this lot, it would limit development to six (6) lots or a planned development. Any development on this lot would further increase the number of lots accessing off of a cul-de-sac. The issue of Tract "C„ providing access to the east is discussed in more detail further in this decision. The property to the west is developed as a single-family subdivision and is not expected to re-develop. The property to the north is wetland area and Summer Creek, therefore, it is not likely for a street to be extended to the north. 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. The criterion is satisfied because SW 114th aligns directly across from the existing street, extending to serve the site. Existing Rights-of-way: Whenever existing right-of-way adjacent to or within a tract are of less than standard width, additional right-of-way shall be provided at the time of subdivision or development. ' Right-of-way dedication for SW Walnut Street is discussed in more detail further in this decision under PUBLIC FACILITY CONCERNS. Cul-de-sacs: Section 18.164.030(1) 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 500 feet and to allow more than 20 lots to access a cul-de-sac. Staff is recommending approval of the variance requests based upon the findings as contained in Section 18.160.120 of this report. 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 only 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 to take access from the private drive identified as Tract "D". The private drive identified as Tract "B".could potentially provide access to seven (7). lots, however, two (2) of those lots have access on SW 114th Court. The applicant must provide a deed restriction for either lot 10 or 16 prohibiting access from the private drive to insure that no more than six (6) lots take access from the private drive. Since no maintenance agreement has been proposed, the applicant shall be conditioned to provide for a bonded maintenance agreement or a homeowner's association for future maintenance of the street. The issue of Tract C being a public street versus a private street is discussed under PUBLIC FACILITY CONCERNS. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98.0001NAR 98.0002 WALNUT GLEN SUBDIVISION PAGE 16 OF 24 Block Design: Section 18.164.040(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. 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 cul-de-sac does not and can not form a perimeter block or decrease the block length. However, this development is exempt, because a street could not be extended to the west due to existing development, to the north due to wetlands and Summer Creek or to the east due to existing topography. A cul-de-sac, therefore, is the only option given the natural topography, wetlands and pre-existing development. 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. A pedestrian access will be available upon the construction of a public street to stub at the eastern lot as discussed in more detail under PUBLIC FACILITY CONCERNS.. 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 or 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 1-3, 5-7 and 9-12 comply with this standard. Lots 4, 8 and 13 provide only 15 feet of frontage. A revised site plan must be submitted that provides all lots with 25 feet of frontage onto a public or private street. Because the lot sizes are so close to the minimum and the access is excluded from the lot area square footage, an increase in the area reserved for a panhandle drive may result in the loss of at least one lot. A final plat with less than 22 lots, however, will be in substantial conformity with this proposal and can still be approved. STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDNISION PAGE 17 OF 24 Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. The applicant must install half-street improvements along SW Walnut Street and will be required to construct full street improvements for the new street. Standard street improvements include sidewalks. City standards do not require sidewalks on private streets. Subdivision Variance - Maximum length and number of lots served by a Cul-de-sac: Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. The 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 can not be extended to adjacent lots with the exception of the lot to the east. In this case, the street would still need to terminate in a cul-de-sac due to the topography on that site. Because of the special circumstances, the applicant has no choice but to provide a cul-de-sac. 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 street extensions limit the proposal to a cul-de-sac. The density permitted for this combination of lots is 23 lots. If the cul-de-sac were permitted to be no greater than 400 feet, it would limit the number of lots able to be developed. In addition, the variance to the maximum number of lots permitted to access a cul-de-sac is needed to provide more closely, the density permitted in this zone. 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 500-foot cul-de-sac and allow two (2) additional lots to have access from the cul-de-sac, will not be detrimental to the public or injurious to the rights of other properties. Granting the variance for the length of the cul-de-sac would allow the length to be 100 feet longer than permitted. The applicant is providirg,adequate tum-around on the cul-de-sac bulb and the width of the street is sufficient to allow emergency vehicles to pass with parking on both sides. 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. If the regulations were strictly enforced, the property would have to develop fewer lots which would not allow for the most economic and efficient use of the STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-OOOINAR 98-OOM WALNUT GLEN SUBDIVISION PAGE 18 OF 24 land. The variance requested is the minimum necessary to preserve the full development potential of the site and allow the development of the property to a density close to the maximum permitted in the code. PUBLIC FACILITY CONCERNS: Streets: This site lies adjacent to SW Walnut Street, which is classified as a major collector street on the City's Transportation Plan map. Although Walnut Street is still under Washington County jurisdiction, the City entered into an intergovernmental agreement with the County to provide planning and engineering services within the Tigard area. The agreement places the City responsible for planning and engineering decisions related to SW Walnut Street. The roadway is currently paved, within a right-of-way (ROW) measuring approximately 20 feet north of the centerline. The ROW requirement for Walnut Street is 66 feet overall (33 feet from centerline). The ultimate paved width of this roadway will be 44 feet overall. The existing paved improvement is not built to current City standards for width and structural. section, so in order to mitigate the additional traffic that will be generated from the project, the applicant will be required to construct a half-street improvement along the frontage of the site. The applicant's plans indicate that they will provide the half-street improvement. Construction plan review and improvement inspection will be coordinated by the City. The applicant also indicates that they will dedicate additional ROW on the final subdivision plat to provide 33 feet from centerline to meet City standards. The applicant submitted a traffic analysis by Lancaster Engineering, dated February 17, 1998, indicating that this project will generate approximately 191 new vehicle trips during an average weekday. Of these new trips, approximately 15 trips will be added to the AM peak hour (an increase of approximately 1.4 percent) and 20 trips added to the PM peak hour (an increase of approximately 1.7 percent). The small increase in traffic resulting from this project is insignificant and does not warrant additional off-site transportation improvements. Proposed Street Layout The applicant's plan indicates that a new local residential street; SW 114th Court, will extend northerly from Walnut Street at the intersection of SW 114th Terrace. Staff approves of the location of the new street because it aligns with the existing centerline of SW 114th Terrace. The proposed street name, however, will need to be modified to comply with City and Washington County addressing policies. The new street name will need to be "SW 114th Place", not "Court". This change can be made on the final plat and the construction drawings for the public improvements. The new public street is proposed to be built within a 46-foot ROW and have a paved width of 28 feet. These widths are allowable by the Community Development Code (CDC), but the narrower width necessitates a no parking restriction on one side. The f applicant will need to provide "No Parking" signs along one side of the new street. STAFF REPORT TO THE HEARINGS OFFICER 618198 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 19 OF 24 The applicant provided a `Future Streets Plan" to show how the street layout in this project may serve future development, particularly to the east. However, the plan is not very detailed regarding future development of the property immediately east of the private street labeled as Tract C (Tax Lot 403, WCTM 2S1 03AB). Any future development of the adjacent property would necessitate that access be taken from the private street (Tract C). Engineering and Planning staff discussed this issue and believe that a public street stub should be extended to the adjacent undeveloped property to assure adequate public street access for future lots. This would also prevent future disputes regarding access rights to a private street and limitations as to the number of lots that can be served from a private street (the CDC allows only six lots to be served from a private street). The topography on Tax Lot 403 may limit where a public street can be built, so the applicant will need provide a plan and profile of the future street stub to show how it can be constructed on the adjacent property. The "Future Streets Plan" should also be revised to show a realistic lotting pattern for Tax Lot 403 to ensure that the street stub is placed in an appropriate location. This additional information will need to be reviewed by the Planning and Engineering departments prior to construction of the public improvements. The street stub shall be of the same pavement and ROW width as SW 114th Place. Proposed Private Streets The plan proposes a total of three private streets (Tracts B, C and D). Previously, the replacement of Tract C with a public street stub was discussed. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Both Tracts B and D would serve five and three lots respectively, which would comply with the TMC. 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 on the private streets. 4'a Water: This subdivision will be served from the City's public water system. There is an existing main water line in SW Walnut Street that can be connected to for the new water line in SW 114th Place. The Public Works Department submitted comments regarding this application indicating that they will need to review a detailed plan of the proposed water system for this project. The detailed review would take place as a part of the overall plan review for the public improvements. Public Works indicates that the minimum water line size to the first fire hydrant will be 8 inches. A second hydrant will likely be required at the end of the cul-de-sac to provide fire protection to Lot 13. A 4-inch line will be required to be extended to north end of Tract B. Line size in Tract C will be dependent upon potential lotting patterns for Tax Lot 403 (NOTE: this is another reason why the applicant must submit a revised "Future Streets Plan" for review). STAFF REPORT TO THE HEARINGS OFFICER 6/8/98 PUBLIC HEARING SUB 98-OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 20 OF 24 1 Regarding main line locations, the City requires them to be placed on the east or south side of public streets and 6 feet from the face of curb. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line located adjacent to the west boundary of this site and an 8-inch line in Walnut Street partly fronting the site. The applicant's plan indicates that they will connect to the existing 8-inch line adjacent to the western boundary near the north end of the site and extend a new main line inside of the project within the public and private street system. A public sewer line will also be extended to Tax Lot 403 for future extension. In general, Staff approves of the preliminary sewer layout, but has a concern about access to the downstream manhole at the very north end of the site at the northeast comer of Lot 13. It appears that the applicant is proposing to provide access to the water quality facility in Tract A and the downstream manhole via the new driveway for Lot 13. The plan shows Lot 13 as a flag lot with only 15 feet of street frontage. Planning will comment elsewhere in this report about the minimum lot frontage required in a subdivision. Staff is concerned that if access to City facilities is combined with a private driveway, there will be conflicts between parked vehicles and City maintenance equipment attempting to reach the City facilities. Staff recommends the applicant be required to provide one access to the downstream sanitary sewer manhole and Tract A, and a separate access to Lot 13. The access to the manhole and Tract A could be placed within Tract A; the size of Tract A may need to be enlarged to accommodate the access. Storm Drainage: The topography of this site falls primarily to the northeast toward Summer Creek. Summer Creek is located near the northeast comer of the site. The applicant submitted a downstream analysis in accordance with Unified Sewerage Agency standards indicating the additional storm water runoff from this site will not have an adverse impact on the downstream system. Storm water from the site is proposed to be directed to the northeast corner of the site into an on-site water quality facility (Tract A). From there, the storm water will be conveyed across Tax Lot 4200 (WCTM 2S1 03AB), which is an open space tract owned by the City of .Tigard, into Summer Creek. The plan indicates that the applicant will request two easements from the City to allow construction of two outfalls from Tract A. Any off-site easements needed shall be obtained by the applicant prior to construction. 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. STAFF REPORT TO THE HEARINGS OFFICER 6098 PUBLIC HEARING SUB 98.OOOINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 21 OF 24 As was discussed above, the applicant proposes to construct an on-site water quality facility in Tract A. Since this facility will be treating storm water runoff from a public street, it will need to be constructed to meet public standards and will. eventually be maintained by the City. The applicant will be required to maintain the facility for a period of three years after the conditional acceptance date of the public improvements. The facility will need to be placed within a tract, as shown on the preliminary plan, and conveyed to the City on the final subdivision plat. As was stated previously, access to this facility by City maintenance vehicles is required. The construction plans shall indicate a paved maintenance roadway to City standards that will enable vehicles to access the control structure(s) of the facility. This maintenance roadway would also be used to access the downstream sanitary sewer manhole at the northeast comer of Lot 13. 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 Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. 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 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. Adiacent Wetland Area The preliminary plan and project narrative indicate that wetland areas on the City-owned open space (Tax Lot 4200) adjacent to Summer Creek come within 15 feet of the northeast comer of this site. The water quality facility in Tract A will potentially encroach into the USA- required 25-foot buffer adjacent to the wetland. However, the USA standards indicate that a water quality facility can encroach up to 10 feet inside of a wetland buffer provided a wider buffer is provided elsewhere along the wetland. Staff is of the opinion that the minor STAFF REPORT TO THE HEARINGS OFFICER 6/8198 PUBLIC HEARING SUB 98.0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 22 OF 24 encroachment from Tract A will fall within the acceptable limits of the USA criteria and there is additional land area on Tax Lot 4200 that provide a much wider buffer than 25 feet. Therefore, Staff does not oppose the location of the project with respect to the adjacent wetland. Existing Overhead Utility Lines: There are existing overhead utility lines along SW Walnut Street. 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 375 lineal feet; therefore the fee would be $ 10,312.50. FINDING: Based on the analysis above, the APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS have not been met. The standards can be met, however, if the applicant complies with the conditions of approval summarized at the beginning of this decision. If the conditions are met, staff can determine that the standards have been met and approval can be granted. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: The cul-de-sac shall have an outside turning radius of 45 feet. The storm drain lateral must be extended to lots 4,5,8,9,7,10,12,13,14 and others having foundation drainage below street level. The water plan is not complete: Provide fire hydrant at entrance to subdivision at SW Walnut Street and a .fire hydrant within the cul- de-sac. No portion of a house shall be more than 500 feet from a fire hydrant. Private streets less than 28 feet wide shall have "no parking signs" and curb markings as required by UFC 902.24 and 901.4-5.2. Provide proper turning radius into Track C drive. Installation of private storm drainage system per Oregon Plumbing Specialty Code (OPSC): The City of Tigard Police Department has reviewed this proposal and has offered no comments or objections. The City of Tigard Water Department has reviewed this proposal and has offered the following comments: The developers engineer must provide detailed plans on sizing/location of water facilities. The minimum line size to the first fire hydrant is 8 inches and a second fire hydrant will be required at the cul-de-sac to provide fire protection to lot 13. Also, we will require that a 4-inch water main be extended to the north end of Track B. Line size in Track C is dependent upon future layout of the parcel owned by Cloud. Water main placement is east and south of the street - six feet from face of curb (in front) STAFF REPORT TO THE HEARINGS OFFICER W98 PUBLIC HEARING SUB 98-0001NAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 23 OF 24 SECTION VI. AGENCY COMMENTS The Unified Sewerage Agency has reviewed this proposal and has offered comments that have been incorporated into this decision under PUBLIC FACILITY CONCERNS. Tualatin Valley Water District, Washington County, US West, Portland General Electric (PGE), TCI cable, General Telephone, and NW Natural gas have also had the opportunity to review this application and have offered no comments or objections. SUBDIVISION APPROVAL'SHALL BE VALID ONLY IF THE FINAL PLAT Y IS SUBMITTED TO THE CITY OF TIGARD WITHIN 18 MONTHS OF, THE EFFECTIVE DATE OF THIS DECISION. May 28, 1998 PREPA BY: Julia Ha' k DATE Associate Planner ~4 May 28, 1998 APPROVED BY: Richard Be dorff DATE Planning nager iAcurplnvu1ialsub98-01.doc STAFF REPORT TO THE HEARINGS OFFICER 68198 PUBLIC HEARING SUB 98-OWINAR 98-0002 WALNUT GLEN SUBDIVISION PAGE 24 OF 24 ..rte ~ ~ .n+•' r w No. 2 ~ERpN H CA v woo "rte k n~ avz± ° \ N ~ ;w ;w ~ a4 1!' ~ v Yn' , ` v it rr - s---- _ &W.114TH COURT .~~~y? Ot 4A ~c lk le A A.. CA N ao INS DNIS'O a 1 T1C ARp PLO OF A GEOGRAPHIC INFORMATION 9Ya TEM z Z 3 VICINITY MAP F G U M CT x SUB 98-0001 RINE S WALNUT GLEN SUBDIVISION s~ a 3 N N aw &"I LN ai A OWE L T 1- N 1:~1111L ST to I J-L. 0 400 800 Fast sowswil TIPPM P V- 528 feet 77~ RMEN ST d 2 r J QA~NF~N 0~` City of Tigard Infomlallon on this map Is for general location only and should be verified with the Development Services Division. B 13125 SW Hall Blvd Wq Tigard, OR 87223 (503) 5384171 httpJ/www.cl.tigard.Gr. us Community Development Plot date: Mar 9,1998; cAmagiclmagic01,apr I. • RIVERSIDE HOMES Fax :5036902942 Jun 30 '99 1551 P.02 ►<YLE NURSERIES INC a 101 85/30/ 1999 15:05 _ 5032637936 T r ax ~u.SbytJl'~t+1 ~Jun 3C _'99 Id "41 P• 02 Kyle Nurseries 5995 S. Anderson Rd. Aurora, OR 97002 .Ph# (503) 263-7937 Fax# (503) 2637936 Email Address: goonsys@,web-ster.COM Kyle oumnex can deliver and plant Pseudo meiWesii "Douglas Fir" et S25.50 per caliper inch. r KYLE NURSERIES 6886 S. Anderson Rd Aurora, OR 97002 Wa)-283.7937 RIVERSIDE HOMES Fax :5036902942 Jun 30 '99 1551 P.01 Riverside Homes incorporated 15455 N.W. Greenbrier Parkway, Suite 1401 Beaverton, Oregon 97006 (503) 645-0986 (503) 690-2942 FAX' FAX COVER SHEET DATE: 3 0 9' °1 TO: ATTENTION: JLt ~ 1'a /q. FROM: 71 NUMBER OF PAGES TO FOLLOW: SPECIAL INSTRUCTIONS: ~e r Lf r r t ;es s T Gar1 ~i'~ v+~ a ~1"oK f fi 42 laol 5 l l ( o_o d 7eor~ f 6e /'ce s (.tea 1f~ I P/ elv'r sP write ~erY,a o-PDWeS Ai-0) 5 ~ 7 )160 f or k" C, L-f GjGI ~ D ~l If all pages indicated are not received, please call us at: (503) 645-0986. THANK YOUS ~ 'i~Nh ~~t+~n5~~';~, A K 4PW^ u ~ ~4i~ ~ ~'Aw~~,pp~! t ~ta~~ ~ti, ~ a ~~~~tii'1 .~i w., ~ * ~ 'e'~~iay% ,~~L' a,~'a, t41' :~[WYV ~r~,~ r f 166eeq~ N ',"p~, 1•I, 4y~ , ~ { ~ t~~,N~,, ~V 1, 'Nnw . ~ ~ ,~~,~'~y„~ ( to •"'t .+~.nw 1 ,tt 4 t ~~'4 ,t ~q'r'~ n~' n1' "t1 a t ~a_ ° ~ r+.i.V. •t' 1iF eiA~t r' 1{~i' ak',~JrM .r~~'^I 4i` ti> yia't."~i'~;'t ~ e1.`~ K 'k f ~ ~ ,Er .~h ,.t t~M i}~, ~ y i{r 1iir~i 4 ,1~, ~ r ~1 ry~ 1 "hta .Yh ~'ry 4i ,r+~ J'Pt r'~. ~ p., r rl 6~ ~~r ~ r, r~ 1 ~~a , ,Yk ,n., ,tee r ~,.i'+°'~,it r+~ ~.u,~ 'bra IS \4 e ir~',t ' i„Qf '~',~h,~, ~+r:~, '~l~,tjl.,~ °r'e", t' V rt~t 1! i M f,. '~e 'y ~ t j I , ~ ,,~w +l"u vn ~ '.t ~i~ 9 t , y ,na ~ A ~ ~ y ' ~ ~y^ ~ ,"K~t, d• ~ .,f° :°+.,r,, a i t w t..n'• ;w"'"° p„~a i~t~ a `I'~:a¢.'~ .i~' k aN t tl k i i.l `iry, ,y ~,,,}q'~~ 'N". q' .:~"'I,.A4 " ,hv,~ , ~ a" r A Y ~ M: 1t Df {Y~,Gi,'~ la~i'.`k , ~'#`,rd.~~ • ° ` } S , f•,' ~t~a t`; ~ < M ~ r ' ~ 1 ~ y yldt* ~14~r~S~,.S'~Y~ ' o~ r t 1 ~ ~ J• r'F~u,1t• ~x •~Y' y~+l A'~r r i ' i" W ,y A 1 ',ry•• ~ i r~tY= r~' NtY w.'I' 45} , ~ '+t tialt.~.t ~ ~k~i ~'`ir'r;p Wr ~ +ir,vrJ~. ~ ~r ^+•m ~~nra ~.v t. . , i ~ ~1 ~d~ 1 1 + j ~ J t r1,t a a~ v,~~ r ~ r'~ iii Ka ,9 1 ' ~ v', ,i ~ ~ ' ~ ~ ~ d; i ~ r ~ rs a - 1 ~p ~ } to ,i i ~ r.! ' ,tn a; 'ne1~ s ~ >~,1 a ti~ Y° ♦r °V G 1 i ~ i1 ~ M ~ ~ ~ ~ ~ '1• rii` S 1. a Aif P~~. i .~~~~V" '.~1 , A '"5^l, ,r h.~ . r t yyy, Y t G Y M ..k ~ Y, r' a k 'k r 1 l b+ ~ i y i i '4 i i. A ~ t! ~ ir+.. ~ ,n ,f,~l,)1'~' ~ ti~~ `t, t 1 r ir~ ~ v r, ~ ' ~ t• 'n i . t+ I a ~ 1.Y. ~s .N ,,~i 1 x~'yy ~ t ~e ~ ,1'd' 1 i a a SS t ,Qi 1r i !i r .i 1 1 Ti' a ~t ,kv y. r t, ~ 1 1 r aN 1. iJ' { ¢_e ' , 1 t ~ Yt ~ * ''.t, ' , +~a"~~t fit ,elf,, k1 2' ;r j §y { ~ •t'ar, w ~yi, ...5. ("~r ~ i~ i1y~~ R .t,~'~.a w ~.~'r t';~r i~ ~ ~ ,fir i~,!• +'<t,a 'r~'m1•!,~"~~MY. ) ~iro~. A~' ~ f W' ~72, At ~'~a lk ~ { y,~•~' ~ • ~ ~ ~ , 1` ~ ~ 7, y iP' 1 a t , , f. ~S ~ ,~n a ~e~!', " r ~ . t ! 'Y' a ~1l ti, r p ~ ~ 1 1" t.N' ~ ~ y~~y' i ~ „M Q+A y~ ~ ,i . ~ ~ y~'' ty1•i , A ' i'' ' t~<'f ,k 'd" r~ I~~yr r ~"i ri "~"rW5 t its, ~ ./.f 5~' ~ ~ ~ .T•'",' 1l t r1 . A , ~ 'lr i rtt a°yb Iw ' r +.7~,'%+ „ 1 r 'lit" 1 ~ ♦ PP !r ~ s ' r [ti<r~ ~ ti~'r i i " • t, " r+ ~ ~ I ~ !F ~ 0 1 ~t r )fie [v; 7 ~ 1 ~ n'~ (e,~ r'l 4.` ,(Y7~ yf + f~) r +r1 t•"~'at ~~'1 r'i W r~~R ~1~~•Yfa~i t . 1 , ' ! i ~r ~i '+~1f ~ +r. ' ~~ti't~r ~ `,ya~'~ wry ~~ty' ;,"h 1 ,t• i Y (.'r 1 ~ ~Fr ~N t V" 1,. '.~;r.Y rW r~ 1 P~If~ Y. ' W,+~ *'tl,t ~ ,F t` M t ~ , at, ~ . ~y{G ,.w~ti~ e ilti r, t .t'/'~ .F }w 11Y n,y' ~ ~ 't~,~, '1 h r~' !•'9L 1 t~lyl. 1 .1, 1 k~ 1~rva tt'~hr~ "1 .a .p '~i '7 ~ .??Hy i„5~1'r,3t~, `r' tr. r~ ~ is ~ ,:14 , t S tit. ' ~ r1'F' ~ ~1 . a i '.r',~~ yl.,~ A"'r•''r~'' , 1•~~,# ~ 'Y tK~~ ,kr,'~j "'>fi t ~ ~ i,' ~ ! rta'1":rj'" ,~ag W{~►'. •P.. ~ f'r ti ~ °ur tir , .q a ~ v i pw,d,' y! e + ~ a1 ~ ~ ~ n - + ~ i/ " ~ yi." r' ' ~ '61 a+ r F t'~ir.Y,,~ ~ , t' •'y a :-~~~e, ~ t'~a h , ~,4 ~t ~ ` r ,7 s'~ r~r, 4 8 r ~ t` ~ , y.' 1 t ~ rr°.#{Y j 'ti ~ 1` ~n M1, t~ '~~r~; ! rd. ,f'r ay' .~l~f~t7~^ r' 'i{t i+~'Y' f a a 1' ~ Te1t~ ati 1 r,~ f'rfi" f.. a,1' Y ~ yCR ~ ~ 1 t, , t ~ A` 5 y 4 fr~,i ~ ,eta ! ~ ~ ~.r t~ d, D,:°r.,i ~t , a~ ~ iY ~ y i ` t; S'~t n' $ ~ ~i~ ~ t, ~ • ~ , ,~W{~ Y~~ A , k rt v lv~'~l1 ~~A7 `Y„i,M' ~ ~ ~ .M'~ „4 ' ,i ~ ~ ~ ~ i '~+Y'~ ',~r~ +Y 'r.i rr 'd r 1 W r ~tr' ~ r Mt'r ~ i. ~ +M v+~ ',y ~ a4 . w , y i C ~ ~ Ir 1'''t.t';lk,.+~ yy, l: rhwtl r ~ ~ f d . t'~~, f ~ d+ ~j" a ~ ' t Mn~}++ t,, ~yA,~'i' {fa~~¢k`',+~. + , aqq' ~ ~~lS Y; M.- ~ ° i i,,. ' . h 1"~ " t,,~i ..i .«~,vt,u ..A~i~, ,1'Y',k ~r auk :M' "i ~,w, ~ ii .e: 1 ( ,p a, ~ ~tl ~.M. ~a ~ ~ L S l~ ~ ~ ~ 1"' i • M4 ,b"'7 ~ t,. Jr't r.~~ r, t~ rn i i ° ) r ~r yY' , u., ~ a-F'' ,k 4 i, .{.n'~ Aaiq ~ ii{n'l' ,~M I.1', n r, ~.'~r ~ t • +C + f ~ r ~"i w' i t k i .r 1. _ 1 { i•, fr.. y`~ ,i + ~ i4~" a ~ `tti'4 1, ~d`t ~t^~>~'., r " v1• d , a(~Y eN,e~ i'i♦~~ t " ♦ I fi ~ ~ ~ Pr ~a~., iY,nr ~~`~n f r~~ ~rl 'y , , r Yu tw r •'f ' ~'i. ~ ''r rla, a ~ f' ~ ~ . , L i ~ " . r k t, M ~k ~ i +a,.' ' , ' . y:~ 'Y } ' .L ~ • ♦a~r ,,~;,r' 1 ' tiz° 'i1 r "w I. i~~i, ~ li ~ 'h y, "1, (t ;rr ~ {a,i ,r~iJw r is ~ ~ ~ ~ ,~t 1 r i •y'~r, i, .~~ti. ~r~;r +~r4~i•~+ r"' ~~d ~t1 f 7~ ~.C,'t~~~ ~ 1Y ~r 1ra ~"Mw t{ ~ i yl,v>, ',w'~r •i~` ~ ' , 'A,t h~1 ~t~ a r yy Y ~t• t~ ~ d dot ~'~1~.Y1.c ~,1 a' tit " ~,Y i,t "~~a 1 °rY'+~d'i ~/'{~J . t 4 .'w '.t i'r ' gyp/, y, t r y" '~~I' ~a~,r „yr. " * ~,7~~°q 1~ ;5 ";,v, ;J" tr ~ .N i B' k,~t i J' ,1'P' ~~{r r~•i~~ r~ k ~ r,,f ,~Y i '~0~~ J '1, 'yr 1\I!•`~K^Y. fr ,i "~11 ti * v~ 1,~~ f' aIa t112 ~1'+,r. 1~T pT`' y~ ~r'V ' ~ ~ ' 1~~ 'tr` ~ i~"\'Y44 1~ rr ~~1 " dM / ,r`~~ t r ! ~4• j ~ 1 t .~y ~1~. 1 ' , ~ 1 ~ yV~ f1~ 'P nilr M. ".a 1 l,' ~ :.r ia~y YJ ~ it t~ ~i .5 ~1 M ,vw~ wY~, .i ~ ~ X415 y . Y : :,r ~ i {nh , e~. ~ ul i a :~'4~ r ~ s~ ° ~ J ' a ' t , h F' ~ ~ ~~r ~ , '1' ~~A t R,"~,'hk,, 1 ~ ~ gyp.' 'r N r~ ~ ~ 7w e~ ~ ~n '+r'yvrt ~„~"1~' X i 'da x . t i' + ~ i ~ c .V ~i~4 v. .f,~ a t! ! t ,r ,i'1, i ,.r 1 r i` ,t ~ ~ f .Y ' ~ ^ t d y 'tit t . ,rt~ . a ~ ~ ~ ,7IM i ,±'t r ; } ,.'~'~lrf i i, r r a y c` `a ` 1 Y i t of ♦ ~ ~ I ~ ~ t ~ M ~v .M' i" ; ti, , ~:at,~,~. t ' r fir ~d' wt i ^~i' 1 tr' ~r~ ~ ~ y~. ~~ir Ji,~ a: ,p ,pF d, lh ~P K' ' I + 'N { P i W'' y 3 '~~"J•f fl;~ ~ ~ +l ~ r~tit .i yr a it ~ .t w'~` i ,A~+ ~ ° " e:v r:~~; ~ ,i' .,yvi~tww'K~ ~ ',~,r err'' 'u~ ~ wx, r ' 4'• " ~y,1~r`x a i+i{1 ,},R'f br v ~ ~',X r ~ jaa~*~..~ .`f ',Y T ~ 'T. 1 ~ t + a " ;'r ali' ,,,,x i wt •r r + t'~ ~ ~ isq ~N ,drfi t Fr ~ ~ „ ` le+ , "15 " 8. y r M"`E QJ '+i✓,y~'r: J.~ S+n . ~A ;f^ ,lt ~ ar y r't e,t fey ..'~'3' ? ~ ~ D A . !'~y" ~~°"Y,~ "'N ti '~+'°id., ` ~ •~'r1r, 5 w Y ` .L' ~ 1~ + ~r. ~ #,+f, ?~':~5~'Y` ~ { ,ty~ ~ a '.i rrY1M~w•, ~ r~1'fi"lt. iai ~ `~i,jr7 ~f ~ ,.t. {I~,M~~~~F r,,. ~l w' 1 ~~'r~~ 2 'I~t ^~'i ~ .,~r'~If,, ~F J 1, i„ k`r k p ;,d .a, v;: 'r ka~nir,iy f. ''r ~h . p'.~a; ,r~ t ,i.- ,r;' 'r .A, y ~ ~f~~~„'u ,W ih~,, 1~d~ ~ ~t~ .J q 5 o''~# Fo. w'~1tr'~; r. n r i '.v ,i t~. .rwi i.r. 1, J x ai awl f ' ,.L` ° t, '~,•!v A~,~~ ~ r' ~ Y i a , t t ~ .v ~ f~ ~ ,fi 1 ';r r r E , E:~ Y~ ~ ,L A'. +F 1 ' ~ ~ ~ t '~'s11 qA ~ ,~,,'~i~3'~ ~T, r i TF ~ r , ~ tP ~ h ~ ~ t~r, t " °'E ~ /'d ~i i ~ ~ ,i a , ~ r~~ +''~1~', ~j f t ,+r.~ ~ ~ w~t~' ~ ~ ~N.. W r i ~A, f 4 ~ +M + r 0'{ n'+ , ~ i ~ t~ rY 7,fYd .t~ i ~ r ~ ~5,•, i a~Y1 .i A~ tiP}'v ''.y' . t k c~ ~t ,1 t . ~ i Y ~ `i l V , a ~ .,v. r, • t , . r ' v' ia'+l~ ' ~ ~ 'a , r i , Y +,,F~'~i aX v "s, ',a.rALd't r~' ti r ~~l ~ .i Yf~,..# ~ ii ! '»~1 i a • A ' ` i , { ~ ~ I ti .,y. ~f . ~ ~r ~ ~ ,4, a~ y r5~,~ R r ey d } 1 1 J i ~ i' ~y ` / !r ~ ~ 1' ' t 1" a i f~ , 1~"~tr ,yL ij ' r_ ` f I i 1 yy ~1 .W+ .,p t,~'. A ~ .ta y arl j` '"9FQ' r r~ 'r l r+k r ~ J}'~rM!' q~'! i'. t R a ( .+~t .,+x~ +ha,' S 11~' i. i~ art ` ~ d. a. 1„t 'fin r~ 1,?•~r ~ r 't a V '~/ar, r J.N,f r~ ~i ~,~~J,k i,~ •7 ,r~'Y ~ "Ii~' ~h ~a!( , ~ t µ fib ~ t t ~ { t T,u y, ~ Cpl / NT,~ t ~ r Y r iri' .t~r"'~ 'r J,1 ,`v 1' ,fit ~ ~ , Y ~1~~,' ~ ♦ °t r' . +i _+ai ~ • w, j ~ r'""'Y i . ii. ^ . ~ w Y, . k•~, a ti r~'~ t , ~t ,yy f., ~ ~ ~ tl~ / ; ~ ~ ~ ' A ,>x ~y* r rt M ~ a i r t d"~ ~ r f r k ~ r.~~ M 1 y~' ,1~ " t~ V, i I I ~t1 'n'.1. `A ~ ~ ~r'1~. N'a ~j tK7i~ Id~R~ ~ 'k"'. ~0 J w .t a~ li;. i ' r. . e fir, , r• ~ r„ ~ ~ ~ ~ is t.1'' ~r S. a, MY .1 '1' ie r Mr a v, .y ,r ~ ~ ~ 1 l f 1 W l M J~ , y{~r~ L'~ ~ a~ '~r ~ ,r '~'~j ~ ~ r ".,a~"i ~jy ~i ,k. ~ ~'r{'d wt i f, f i, ~ .i~~ 1 " k w t . ~ l ~ 1 Y h,~ b ~ q ~ , 4 p~p ' f ~r.at ~~n,,~ t' t d(t~i~i F,T - a '^r~. ! ~'a~~ ;1,~Y:yt~ r~~(+ t t ,i,'H.~'+iA, 1.fr~L~i +~',i~'~<i i~. ' W r P r A `rR G F ?V 1. Y~ ~ t ~~r ~ ~ ~ ' ,~,d yam' i`~ ~ r • a '1l^ ~1' ~t J ~.r ~ i { ~1 Y r ty t ~ n; ? ~r 1 ~~M yr ~ ,1 ~ p r•',i i ~E h i ~ ~ p i r ~t .t ~~'r ~ r'~ 'f' y~ / t i 1 +i.. 1 , t ,j ,yrr' ~ N r • a ~ L t~' i ~ ~ ~ 4~, a 'i~' `f"' 4F ~,~r3 GMs ry~ai J~ r ~ ~ 4k4 '~N 1r ~~i~r • ,iw 1. , Ir ~ 1 . p .l",~,' .15jr~ ~J "apt / ~"..iClr''tk 6.,. r~'~ / 1 ~l:r ,r. .,tw', ~?l?x 4b 'r''d~~Ya.ilvk.A1 • Re~' err "a ;1 aT `~S~ d l 1~1~ d') .t'n~ ~ll.tlwg Tue Mar 30 11:06.04 7999 SHELLY Y L i. ~ P ~ j ~ ~ ~ Y~,^ -~,~,,,,...~.N,~>.~ s . ~n~~dnn Y___.. _ - y 13315 ~ ~ _ - - _ - " i ~..'~e~.~i i _ ~,c~N91~ ~ „~c ay„~1 $ 9S Z b~2~ 7~1~,~, ~ p~+~ I ~ „ra 65 z 33 1 133~J1S X91 S/X3 03ilOlN~L/ 38 Ol r - '~i~,v ~~oZ~ mid^SO~Z,'""" ' ~ 3~N30/S32/ 1S1K3 ~a""dX~"~ 1. ' ~ + h ~ZI'±~ 1 - ' + ~i9 ~ ' I 1 ,u ~d,~880 ~ ' ~ rti~ 71~,:~ `cam ~ ' I 60 LZ i ~OIZ ~ ~7~ ~.a1 o ~ ~z~ ~.m ~ ~ozz L zo ~z ' 1 i ('dcl> 3311 133~11S i -~y~ N/d1N32! Ol ~ ~ ~Z+ 3321!' 3,~N~0/S~2/ 1S1X3 ~ ~ J I i . ~ ;n~ ZLIZ ~y~\ ~iri ~~~~,ui i i t M~~ ~~~z~l ~lll1 _ ss~a r i 's ~y, ~n~''W';~h1 ` ~~N~n~ItiSIZ -F _ J~_~~ 332li i N~~Q~~~ ~Wo~'~i9 e~ f ~d ~i~rl 0912 OZZ s 1 , Ate' I ~ ~broW,(U~ OZZ~.~aQc, . q9~ S lZZ Z~ ~Z + " °O+~ w3~li ~ °~~q b ° 3~~,,~1~ , 'l L .ttf f~l N~L`~~ L8lZ g 6812 I ~~r~~o ~a~ +Z 9lZZ ~ i \ ~nuln~G + ~ ~s 6 yy~, ~yu91 { I I ~ + 99ZZ R I 4 7'~l11 _ ~l. S~' ~wi ~ e~vul i _ _ Bbl I I I SLZZ ~ 8612 ZZ ~ 3Ci~LL Oszz f ~ v £6ZZ L8ZZ ~ enid 8 ,8 + I ~ 33211 ~y~z~ 33ii1 ~ ~ ~ ~~z ,w ~ + mss, ~ ~~z~ ?a ~;c`33~lt I L!' 9a~ ° ~ 4 y¢vW ppl ~0~~ ~1 i ~ "i ~ a~8u~u„a~ ~ ~ tl~lt I £ ~ ,hf ~ ° ~ ! 150 L l£~ h1 ~ ~ 99~Z~ \'3321!' ~+~w~81 ~ ~~87~ I, ~Z~Z Z ~~'Z O ,~1 ~`Z a~"°tt' v~3 r I e ,9 ~~rou144~ ro r~~YA l~~J~' y 6ti4~~~ LZ£Z~i~~~Z~Z~ Z a ~A~ ay~~ ~ ~~9~Z~ i iAl 8Z~Z 1~ q~fiYu9~ .~~uftZ~ 1 I ~aI 6£'~Z 8S~Z I f w ti~ ~Z~ • ~ ~ a199~ + A~~ I p s~,a'~A 33x1 ~9sZ,~ „zI x ~1a : ~y~~o2~ £9£Z~ j -I- t W L9~Z ~ -i~t A`4mu~~~~j i Z6~Z . a~ I 01 n1 i ~ LIZ ~~.L ~ + ;~~nz~}'~ € ry c.' 98£Z `T_ ~ ~ s ~~~1~~' ~~I 98~Z ~ ~ zid~"~ Cfa bm„m ~ i + 08~Z 18E ~ 7 ~ a~ i q e LL~Z ~ : ~y ~ ~ 9L' J ~ . t~ ~ ' g 4 1 f ~I SHE1-LY ~ 06' 04 1999 t ~ 1 r ~ ~ ~ f' I tt ~ ~ "''~f ~i i ~ I~ I i i ~ ~A ~ f r r - j ~ ~ i ~v:~ ~ ('dtl) ~~'0 ,,~d 03 •~SIX3 '1SIX3 . d~~~2'g Z 33~J11332i1S ,,9~ c~, 3~N3aIS3~J ~ _ i ~ ~ 'I ,~'~~#~v ~~oz ~ ~ ~Zf ~ I ~~9 ~ I ~ j ~,d„880 tZ I 00~ ~ ~ 'I 1 1,~ ~ IOZZ~ ~r ~~1.,~~ 601Z o i I o ~ tz Zo tz ti ~ _ ~ ~ 33~J1 133~1S ~ ~ r ~ ~ ~ ~ ~ ~ NIVW3~ 41 ~~h~' 3~N301S3~1 '1SIX3 00+~ ~ Z}L~ ~ tiZZ I I ~ l T 3~ 99l$ 6612 _ OZZ ; ~yl~r~,, -t- 1" i µ21.,.,y ~ „~d~J)~~1~`ws ~ ~ , + OZZ~ s Q-,' y~~,7 r°~ ~~~Z ~ ~ ~ ~ ~ S~ZZ ~l ~ p~ + lZ ! ~ ~'Z ~1~3,u~U~ I y,79~r £61~il LZZ ~yn91~ } ~'aJ~''P ¢i/L~ ~ a-L$ lZ g~~~~ 681Z~,,f J~ 6 + - ~i . ~ LZZ ~ ' 3 \ ~ 881Z ZZ G 6 rill • ~ ~t r SLZZ \ ~ , z ~ ~osZZ i ~ ~k ~ e~>~ f ~v tiN,/~D ~v.4lJ ld3H"9`I ~Z/S~ s~y~ , • ~i ' ~ l n y L '~P(~u`~ + 064 ,,8 ~ 3~7~d,,7~ ~ ~£6ZZ LSZZ + rn ~,~'k- ~ + ~~l~Z ,E~~Q LSD 9 ~ I 86Z Z~ Z ,~tf i ~ e 9 iKt¢ y41. t A ~ i~ S 'f,~~.~b ~ tai---___-' ~1 3 9 ~,,,t~~nl:,~a~ ~ 0~~ ~ -b`~£~4~ n~: 9S~Z ~ a~"' rK~O~ a~i~Ulx9~~ 6 , q gZ~Z ZI~Z ~Z A~ ro, ~ a~ i {~rb~,~} a~~'~ ~q~3~~ Z -a~3`~ ~33~11 ~~~9~Z J~+~;*., ~ 5-d'S~wgk-`w3 ~Wui•ScXS a~u~~~hz~ ' j 8Z£Z L ~~£Z 8S£Z ~,~0 w,~,+ ~£~Z `aait'9~'~ Z6~Z ~ L9~Z 6 ~ar~' t ~ ~`a'" £ ~aly~ `iy~~ ~8£Z 4 ~ ~ °Y ~ a ~,~~k ~ ~ ~c ~y~ ~ti ~ ~n S - - ~ _ l r' f6 / Aj lr ~~~MERCREST ,t w ~ TfGARD ST. r~~ f, f~ i, , ~ W \ ~ 1 S o i ~a,` ~ ' s.. ` ~ , I i ~ KAlNERN ST ~ ~ ~ 60' 0' 60' 120' 180' 1 a I ` F` ~ J ~ l it ' ` `ti 1 ti ~ !1 A SCALE: 1 " = 60' S/TE TRACT A D~~ ~ M m m ~ ~ •c,. , F w.aF ~ ~ ~ , x 3874 Sf ;L M„r -~t Kf157 f~~ \ ~ , 1 ,~h . ti~ REiAINI G , ~ ~ ' ~ ~ ti c~NSr ~ y~ ~ WAIL ~ SI~~EASE ~ ~ 99' . ..111 ~ ~ r-- ~ I , I t r ~ ~ ,a~ ~ T ~ • 1 WANUT STREET • I _ 1 ~ I ~ ~ 1 1 N 1 i ~ I C I 1 1 C I 1 ~ 1 ~'"w 13 I 1 ~ I ~ + ;j ~ I 681Sf,1 1 ~ ' ~i ~ y; m 1 F~, II m, 'o I I I ~ ~ ~ NI ~1 ~ I ' 1 CARMEN ST I I ~ I ~ ` WERAND BOUNDARY 1 ~ . I 1 I I _ 1 m ~ I ~t , , m ~ I m ~ r'~a ~ I ~ w ' m ~r CC fONNER ST I , i 1 ;3 1 45 I - ~ I I ~1, \ PROPDSEfl 1 + ~ I ~ SIORMfASf ''a VICINITY MAC I \ , ~ ~ l .m..~....w.._..~.. w.... SCALE: NTS ~.w._, _._.~..~_.~_n___..~....__.~. I ~ ~ \ I~ I I 1~ I 7,543 S , , , 12 ~ ~ • N I ~j~ rrJJ , \ ~ I ~.Y 15 3 I 1 i ~ I 9 I 11~--^- I r ~ ~ - _ --T--M} I tai ! ~ TRACT 9 I~ I - I ~ f ~ • I 2 R ~ I r ti _ d E.... ~,nb~, , 7,687Sf, 7512 SF R'~ I ~y I , ~ w^~ I~, A ~s ~d~ • i , ti i ~ 100 , I - I ~ 1 N l~t~ i' ' I N ~ ° I ~`~j t , ! I a i V I i i ~ j 1~ 5 ~ ~ + I ,o a9 10 , ; r, , _ ~ . , , ; ~ , N 1,529 S f, ~ I , ~ 1 n I 7,53Q Sf, II~~ S~~` a ~ r ~ I h - H ~ ~ I ~ ~ 1 , I 'v~' \ 1 I n, 44R ~ i ~ t~ ~ , , ~ a 1, I 1 D2 5 ti » ~ I y 13' a ' I - ~ ~ TRA~i~ C ~ i .r. TRACT C I ~ ~~~r.~-~~ a5 ~ w~r~ ~ c~ . 'l I 17 I ~ - f ~o I ~ ~ • I 7520 Sf ~ 100 , ~ i , I 9 I I I 124 ~ I ` ~ NOTE; I ~ 1,513Sf . I \ ; I ! I: ~ paRrlo I 3 I ~ , . ~ 1 N I . , ~ ~ ( AEG! ~ ~ ~ ! i 1,559 SF, ~ ; , 9D _ ~ . SAN't. b _ ~ ~ ~ j,~6 I e ---I 119 _ I f ~sr~r ~ u~ I ' I l i ' r•' r ~ r r~ ~ I ~ 8 7 . I ~ ~ ~ ~ I 19 ~ ~ - I l9 , ; . I ,f~~. ~ I ~ ~I,511 SfJ~,~ 7,521 SF; ~ r • • ~ 1 7590 SF, ~ ~ ~ I ' ~).l ~ ~ ~ -°-r I , j3 ~e~ ~ I i I ..1 I `v' , 5 I ~ I S1 w c0 23 1 ~ I 101' ~ I ~ I ~ ~..,•.,,,i''" I 'rte 1E13 " ~ r ~ I ~ ~ 1 1 I I ~ I ~ L• ,1 h ~ ~ r V , I ~O~S _ I ~ ~ e~rM~.2 1,507 Sf ~ ~ I ~ ~ ~ ~ 8252 s~ I I 5 ~ ~ , , i y 7574 Sf: ~ ~ ~ s I I I 95' 28' + j~, ~ ~a ` iY I I ~ I I I° I I► A , 91 I ~ I ? 0 0 58' 61' 15' co TRAC ~ I t i i~ I e I r.. 1 _ I r 21 ~ / , ~ I 2 ~ g ~ ~ I ~ .~.6 'r~'" , I 63• 1 r ,J ` ~ I 1,559 Sf, I ~ v . . i 1 ~ I I ~ ~ ~ 7 513 S F h I i I I r i I S, . ` I 1 I ; f,S I 79 1,528 SF. ~ I ~ ~ I ~ , ~ ~ I 'i ~ ~ I ~ . ~ ~ I ~ ~ I ~ I I rv ! + ~ ~ I - 1 r1+~f I I ! ` . r I s I ~,,,w I 22 ti, ~ ~ '1. 122 2 • - ~ I o I I1 ~ i, I 1 S f. ^ ~ 7 539 S f. ~ ~ ~ ' 18,34 ' ~ ~ ~ 1 I I ..2~JU._ f~~N'S1NUC]1AYFNTRAhK~ / i i ~ I 124 / ,.~,~M,.~._.,,~ I E , r I ~•v"""s...+'' " i :v: ~ : ti's ~~r " E j a 1 i i .I / i a / ~ , ~ ~ ~ I ~ ~ i l l i b~ t 1 ~ h In ~ i ~ M rn ~N on PRELIMINARY PLAT r' WROL P_ _ ~ SCALE: 1 60' SCALE: NTS 0 w N ` RIVER' ~ DRAWN BJS DESIGNED KLS CHECKED BDG "r A COMPASS CORPORATION ° 15455 NlW GREEN ~ SCALE 1 = 60 DATE FEB. 1998 ~ E ENGINEERING * SURVEYING * PLANNING E TO 6EAV R 0 d 5564 S.E. LAKE ROAD 503 653-9093 PHONE i MILWAUKIE, OREGON 97222 503 653-9095 FAX PION 97-4072 4072EXH1 DWG u iv DATE N0. REVISION PLAN 5 r Pur srA = 5+82 r V = 185.11 ~ PV ELE A,D. _ -9.00 __~._...~.-_.~..__...n._.__~. ~ = 7 PUI STA 6+10 K 6.G N PUI ELEV = 116, 31 ~ , jj 60.00 UC ~,V = 9~QD ,NI~Iil~111011 ,W~ .,,°,9,.„. . ~ ruuw„,~~e"o~nm~w~~dwd~~ i ~~.NwdJn I~aIJ~dWbldlJlla~la iM ~AJUIP~ o ~ ~ I it iN~~r~ 1 ~ n n7~ li^ ~ ~~r°oo~~ ~,•r I i K = 6, 67 ~ ! i i 1 f f ~ W E P ~ 60.00 VC ~v ~ _i i.~_....~.._... . S ~ I ti ~ " " ~ ~ ~ ~ TRACT A ~ ~ ~ v W.Q.F. m ~ r ~r n ?t ~ ~ ~ m KEYST E RETAlNI G PROPOSED N ~ O ~ WALL ~ ASE t d ~ • • W Z ~ ~ ~ ~ r~ ~ ' ^ I I ~ 11 / ~ m I ~ ~i W -1.Oq ' N ~ ~ - I ti ' ~ I I C W I.,,, ~ l~ . iT' a 13 I ; 3. r ' ~ ~ o ~ I o i ~ ' m .tip' - I II I ' n I I , +y : i 7. S ~ ' WERAND BOUNDARY ~ -1.00 I ~ ~ m ~ ~ ~ , ~ PRELIMI~ ti m ~$I~~C `~G~~ ' i : ~ SCALE: 1 I I ~ 1 f T%. l ~ ~ _.w._.-~ I I I PROPOSED ~I 1 ~ STORM EASE. I I i I SRI ~ .._..._,_.,......_.._._...~...._._..__-...._~__k_.._._.._...._...,.._. ....................p_ r ~ _ 7+00 6+00 5+00 4+00 I 14 I J T i I ~2 I I R .r I I I R - ~ I ~„er 1} I ~ t , % f f t - i ~ I ~~-f~4 rRacr e I ~ I ~Y"~ `1~~, ~ I i I 1 " - r,... 15 ~ ` 1' iii' J . I w E I i i ,1, i I~ i ~ I I ~ , 1 ~ ~ t2.5 '°i 1 ( r i I rRACr A ~ 4ir - ~ { I 12 i i , IKa1f, y~ ~ ~ 1, i t ~ ~ i ~ ~e 1i I ~ 10 ~ ■ I e , I I iT0 I I ~ . ~ ~ 1 i ' ' I 35 R N: 'I i i I li i ~ I 44R i ~ i 'I h, I . , ~ . TRACT "C" ; I 'I ~ m wm....-._._.. I ~ e ,~~~~:M-~,` ~ I I to I 3 I I n X SAN' _ I `a~~ _._~-_m.._..._w_.__... I I ~ ~ I ~ ~ "t ~ I '~,kP .r. I I ~ I \ I ~ N i i I I 9 I i I 14 , ~ , ~ ~ i I ~ ~ 8'x4"RtDUCEn ~ ~ ~ i I 114 ~ ~ ' NEW fIRE ~IYDRANT `_m.~.,....--~.._.~._...._,. _ . u , I i : Q I 18 , i D i c I SAN 1 ~ ; TRACT re' I ' ~ t'~ .~_~~..~..._~,....~.~..._~w~ I I STM 1 y~ I Iii , 4~ ~ I I ~ I ti I I ' ~ ~ I ' I 8 I 19 ~ zi I I h , I I ~ I I ~ t0 , gg I 3 I VI l ~ i A f.. M4 ~ ~ ~ _ ~ I I \ ~ TRACT ~ ~ I ~ EXIST, RESIDENCE i i n TO REMAIN ~ I f7 .h I L ® ~ tp C , ~ 1 I I STREET TREE J ~ f ~ ~ ( # I . I (TIP) i N 1 I ~ ; i s i8 Q I ~ _ ~ I cA ~~esr ;F;q::;;:~:.,,~"ta:z%t;>::,ry,;; ~ i~ 1 I ' " A ~ I I ~ t I 1 8 I z TR~4CT D rs . 4 ~ ► I 1 I 1 21~ i ~ I ~ ~ ~ ~ ~.._._w ~ ~ ~ ~ ~ ~ 7, 1s I 2 I ~ I . 3 G ~ ._._.~.._.~w..____._._.. s I ~ ~ ~ s ~ I I EXfS>; RESIDENCE I ~ ~1 { I iEXI T CAR CE I I 1 ~ I STREET 1REES ,w~*k ~ I I e , ,a, iT0 BE RE l~E , 30' 0 C (TYP) 'q~~ ~ ~ i I I ~ ! . . - I ,~M , t I , 21 , , , • I I ! ~ w t I i..... _ , I 1 2 I • i~- i I ~ Wr••'"' ~ ~ i ! I i I I F ~M,W, I I { ~ ' I 1 I I i rE I I t 0 f , e I I 'G i ~ / w i r ~ ( ~ a w i I ,.y- 12„m WAS ~ i I EX I ~ u~~ ~ EXIST. fIRENYf1RANT ~ ~ EEt 'f iii - Yi ■t w° ~ w ~ -EXIST FIRE RANT 1 ~ ~ w» a W Sits ~ 1 X~ ~ ~ Q / n 0441"5,2.1`• ~ An ~ 6..~' m W ~ ~Z,nJ,~s N w ~ ~ s~ N ,~z ~ ~ I a y I~ a ~ i 70 1 z ~ ~ ~ -i , ~ ~ 7i E lD M+ 4 di ti 60' 0' 60' 120' 180' ine~M ?Sl~m,f ~c~' SCALE; 1" = 60' UTILITY P N PRELIMINARY STREET AND FUTURE STREET PLAN 0 SCALE. 1 - 60 „ - SCALE: 1 - 100 ti w N r DRAWN BJS DESIGNED KLS CHECKED BDG COMPASS CORPORATION ° 15455 NW RIVERSIDE HOMES WALNUT GLEN SUBDIVISION SCALE 1" = 60' DATE FEB. 1998 ENGINEERING * SURVEYING * PLANNING E VI 0 ~ 6564 S.E. LAKE ROAD 503 653-909 PHONE 55 NW GREENSRIAR PKWY, SUITE 140 TIGARD, OREGON i S MILWAUKIE, OREGON 97222 503 653-9095 FAX ~i DATE NO. REVISION PLAN 97-4072 4072EXH1 DWG BEAVERTON, OREGON 97006 PRONE: 645-0986 ...~I _ _ ~ I - r ~ ~ ~ ~ i I I ~ I j I I I ~ ! - ~ ---NA , ~ BACKf~L ~ GRANULAR BACKF7LL } ~ ~ t I I i I ~ i I ~ I ! I i ! I , I i ~ I i I ! I I ~ , ~ ~ ~ ~ I I ~ 3 I , ! I , ! ~ { i ~ ~ i } I r i I I I I ~ i ~ .___W_..__.. 20 ' i i .___W_--__.~~ _ - , , ~ ~ I i ~ ~ f i I ~ ~ ~ 6 I I ~ i ! ~ ~ ~~~5 ' i ! f i ~ r 4 !~°~o I i 1 = FINISNGRA E®STREETr~ i ( i f ~1',1~~ I ~ I ®5 r' ! i fXlSTIN~' GRADE ®STREET I } 1_......_.__.__. _ _ ~5,01~___ ..._.w M.....___.___...w...._. 1 ~ 1 ~ ..t-~~ r T~ ~S ' ~ I - i 1205 STMMH g.i1 LF ~ STA. 8+131 ~ !E. 195 50 , ®S, 5~ 12"0 STM I~ i t28.55 LF STM C9 __.....~_..w.__ a_... ..._..._.._n_...,~.._~_._._m~._.. SIA:"9+03.40. 180 __~..v_,._.._. ~._.w.~.._ _ .___..w..._..._.__.__.~.. w..___.__._w. _p___~_,___ 5,i80C J2"0 ~~.~f23~52tF12fd'STM~°S=a15 ~ S~ , lE. 199 DO ® 5=0.7 ~ ~ STA. +13 43, STM .1 STA. +OO.OD, SIM 2 { _ J 5,5,1 STb1 H !E. 18 ,5U - " 5 ~ i STA. +21.36 SiM MH 12 0 1E 18b.01 STA. 5+44.88 _ / ~ y3 ~ ~ _ _ ~ 141 SIM MH ~ If. 181.00 . _.__.....~_s - ~ "40.~ _EF._..~._~.. -p 5 ~ ~ " 1E. 119, 1 i 79J2 ~F 15 q 15 0 IM STM "H " S~3.0 ®S= ,75Y ~ , ® ~ ` 4a ~ 15 q srA. +20.03 i i ®y200 SIMMN lE.1N111.25 ! ' STM OUTFACE STM B STA. 1 +00.0 !E 0 T 111, 00 STA. 0+60 00 !E. 168.30 STA. +79.12 ! C i ~ ~ , lE 16150 fE. 17.69 I ~ DATUM ELEV 160.00 -0+00 1+00 2+00 3+00 4+00 5+00 6+00 1+00 8+00 9+00 ~ 1, P OFILE ~ STORM SEWER R SCALE: 1" = 60' HORIZONTAL ~ 1" = 10' VERTICAL t 1 f ~ J - GRANULAR BACKFlLL - ----NAIIVE BACKf1LL - --GRANULAR BACKfILL 0 , . 1.. I. .._m-._.___... _ ! ' B 1 1SH GRADE ®ST EFT EX1ST1 G GRADE STR ET ~ i I + ' ~ i I - ` - - r " r 84,41 tF 12"@ STM ~ 160, ~ 5 CF 12 0 S 1M S i.119' ®$~0.50q iF 12"0 STM ®SL125~ 159.85 ~ , s _ ~ i srM MH , ....._.____.._......-_________w__. _..___.SM_ce_.....-_-__._ 180 STA. 1#5885 ` >'A• 4+04.61 I ~ e s, . STM MN iE 188 00 STM CB if 19020 STA. 8+73.4 SIM 1 STA: 3+2b 20 3 STA. 0+00 0 STM 2 I lE 189.78 ~ IE 186.00 I 4 1 i ~ ; DATUM ELEV } i ! I 170.00 0+00 1 +DO 2+00 ,~+00 4+00 w 2 i i i i STORM SEWER PROFILE SCALE: 1" = 60' HORIZONTAL ~ 1 " = 10' VERTICAL u~___..~Ww I /r. i NAn►~EBA KFILL 200 e.~--- ._pv..~__,_.._ I ! I i I 3 i i ~ 180 _ _..__.,..._...,~_..M__._....._. I 5251tF8'0 24,39Cf$0P Lw S=050 SAN MN ` ~ STA:0+5251 1E. JN 170.0" lE. OUT 16 X81 DATUM ELEV ~ 160.00 ~ 1+00 2- a 0 00 m a m EXISTING SAN MN STA. 0+00, 00 ~ lE 169 41, EXISTING ~ lE. IN 169 61 u~ rn L 1 0~ lRf.a~ 4G~SLro1J~ca J 1 c X N RIN w DRAWN BJS DESIGNED KLS CHECKED BDG COMPASS CORPORATION Q ° 15455 NW GI C\j 1" = 60' FEB. 1998 ENGINEERING * SURVEYING * PLANNING - ~ _ r- SCALE DATE w E E E A VE PHONE ° 6564 S.E. LAKE ROAD 503 03 653653--9095 9093 FAX F _ ~ DATE N0. REVISION ]PLAN 97-4072 4072EXH 1 DWG MILWAUKIE, OREGON 97222 5 S - , s d PI~URSDAY, DECaEMBER 18, 199 7:00 ~'.ll~I. FOWLER JR. ~=~IGH SCI~~OL ROOT~I 1 10865 S.W. ~AL,NUT STREET TIG~~,D, C~R~~~l~ Prior- to applying to the Clty of T1g~rd for the necessary land rise approvals, the applicants would like to discuss their' proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting at the above stated time and place. Please note that this is an informational meeting on the preliminary Mans. These ~?lar~s may be altered prior to submittal of file ~pplicatio~l to the City cf :'~igard. ~'ippllcants Representative: Ken Sandblast Telephone Number. 653-9093 i f I I ~ ~ i~ ~4 ! ti, I ~ ~l ' ~ { i i _~1 r \ " f r - fj ~ - = TRACT A p~- ~ jRACT~ ~ 1 r,a W.Q.F. . 3,614 SF, xErsr RETAIN! G R OSED ~ ~ l,us~` WAii T EASE. 4 ._.~.V.,......,.,~.....,....~.,~.,.~.~._, _....w._ r , - ~ ~ N - I iA X i I I ~ r< ~T'JS,N~ C i I 3 I ~ I it i I 1 3~ .13 I 3 17,681 SF I , ~ 1 ~ i~ ~ N I , ~ a , 1 ~ i ~ a' I I 7~ 1 , r I I m ~ m 1 I R1 WETLAND 80UNDARY R1 I i ~ /q~;y ~ i I ~ ~ i~ i I I ~wJ41W~lrTI ~lJto I ~ 1 I ~ I I ~ 1 B4' 1 1 I PROr SfD I 1 ' . sraau EA f - I ~ ' ~ _ . 4 14 , ~ 7,543 sf 1,2 12 ' A . ~ . 1510 Sf. _ 1 ~ a I 8' 15' 3' ~ ~ 1 I ~a " I ~ I ff 4. I o0 in I , 1 h~ • - ._,i l~ ~ ~ ~ ~ 1. - _ I h I s 4..._....,,, r ~ ~ , ~ I .1 A A l"~ 1 - ~ ; \ w ~ TRACT 8 ~ CT , I 22 , t \ I 2R ' \ I ~ n • I ~ ~r,; 15 `~R - f~ ' ~ ; 7,687 Sf. ` 7,512 S,f, Y`h 1 n~ I ~ 8 ~ \ ,4 ~ ~ ~ 784 / ti. ~ I \ !1 i 99 ~ 9 ~ ~ ~ \ ~ I ~ , ~ r, _ 10D ~ _ \ I ~ , 1 I ~~u ° ' _ ~ C~ ~ . 16'~ ~ ~ i 16 ~ 9 ~ 1a ~ ~ ~ ~ as 8., ;N ~ 7,529 SF, ~ 1530 Sf, ' ~ h ~ , r ' ,y i I I f - I , ~ 44 R I ' ,1~8 r 00 'l 102 5 73' ~r A ~ c 5 ~ ~ A A 1 r~~ ' ~ TRACT C TR ~ C L I 17 ~ b 1 , ' ; 1,520 SF. !oD ~ ~ I ~ ~ ~ ' i I 124' ~ : I , ! _ Cw } . ~ S NOr~: ~ 7,513 Sf ~ I ~ ~ PORTION I I N I ,4 F GRI: ~ o ~ I i ~ p o 135 I ~ 1 N I ^ I 18 4 r `I ~ 00 h ~ I \ 1 . 18 1 ~ 90 f 1,559 Sf. ~ I !Ib I ry j ~ ' , 119' `~-1;~ f ~ ~ I I I I w~ t..., 1=s~~---w.~. I ~ , w ~ 7 fw 7 ~ I 8 ` . 1 ~ 8 ~ I i9 , ~ I 1,511 Sf. 7,521 Sf. ~ ' ~ I 7,590 Sf, ' ; ~ \ t8~ •I i ~ 23' f ~ i i 23' ~ w i•'"'I ~ ~ I 105 .t ~ ~ " t07 I ~ ~ ~ / ~ . t ~~e r~ 5 ~ , I I I { h s I I LO cn v . _.._.,_____,..._...a ...................r.._..,, N I ^ Q ~ I V V ~ I . 7,507 SF 8252 SF , I 5 ~ 4 ~ 75!'4 SF I `r I I l 95 28' , ~ ~ s ' 1 - rn'•, I f , ~ ~ ~ I A I 58 61' 15 TRACT D ~ I ~ z _ 7 ~ I oo ~y0 ~ 1 t, f ~ I 63 a~,~, 1 1 , 7,559 ,~f. ~ _._._.s___..._.. ~ : o. I I •1 I ~ I ~ ,4 6 2 ~ 3 I ~ ~ ~ 7,513 SF I I ' 1 ~ ~ 1 ; T~ 19 7,528 SF,,~ . ~ ~ ~ ~y ~ I 4 w 'ci 1 1g , 1 ~ , I 1 r ! ~ 1 ' ~ 7649 SF. ~ ~ ~ l I f I r I ~ I \ I I w , ...w I ~ 1 I I / rn I ..--~"""W i LL 1 1 I f > I 1 1 91 „r" ~ b~347 Sf. ~ ~ 7,539 SF 21 , I . ff ~ .w r 1 ~ . , . ~ / cnav~ENrRANAE ~ p~, . T o . .w.u,.,.~_ , S r r 1 L h•. ~ 160,x•./ - r 1 / < a,• r F ~ tt ~ ~ N ~ n,' t m ~ ~ ~ ~0 4 1 '~q l b ~ n~ ~ ` nrt ► PRELIMINARY PLAT TRLAN SCALE: 1 60' SCALE: NTS RIVERS r JS DESIGNED N KLS CHECKED BDG DRAWN 13 A COMPASS CORPORATION G EE E f SCALE 1" = 60' DATE FEB. 1998 ENGINEERING * SURVEYING * PLANNING 15455 NW 6564 SE. LAKE ROAD 503 653-9093 PHONE BEAVERTON, 1 MILWAUKIE, OREGON 97222 503 653-9095 FAX PHONE DATE NO. REVISION PLAN 97-4072 14072EXHl.DWG s f i i I PVi srA = r+~5 PVI STA = 5+82 PVI EIEV = 196.88 PV! ELEV = 185,11 i A. D. _ -5.00 j _._.-..m.~..___ A D. _ -9, DD ~ PVl Sl'A = 2185 X = 20,00 ' PV1 SrA = 6170 K = 6.67 P N PVI ELEV = 188 08 k PVI ELEV = 17fi 31 , A, D. = 7.00 ~--100, 00' VC ~ A.. = 9. 0 60.00 VC _ ~ _p_..._...Q _ K= 11,14 N ~ x = 6,s~ W E 1 0, OD VC m ~ ~ 60. DD' VC ~ N ~ N ~ ~ a + ~ m m ,300 .~.,.~..,~y~,_..~._..___a....~ _W___ S , _ ro _W____. _.,._.____M.. N _ 200 _,m _ m N ~ TRACT "A" ~ W w.aF p~~ XEYST E ~ of Uj m ~ m m RETAIN/ G PRDPDSED ~ ^ j 4.i w _____.......,_.~.___,_.._.,_..__~.,WACi STORM EASE O ~ l~ ~ j I ~ ~ \ ~__._,w._._~ 4,i......~, ~ ; i N m ~ ~ I tl ~ i i ~ ~ ~ - ~ - . _ = _ 3 W w 113 ~ , I I m ~ ~ f a ~ I o0 i _ I i A i ~ I n1 ~ WETtANO BDUNDARY Cri _1,00 ~ I I ~ R ' I ~ ~ ~ PRELIMINARY S ; i 1 ~ ~ ~ ~ i SCALE: 1" = 60' H( ~ ' i ' I I 1 " - 10' VE t Y_.___ ~.....M__._....-_. _~_..,_4....~_ ....__.....E.._o.._,__.e.,_..,._.....~_, ....._.___v._ _w..a.w.._.a I PRDPDSED ~ ' E ~ ~ ~ ~ ~ Y..~^, . ~1 I I i ~ STORM EASE ~ ~ t 1 ! ! i . _ ~ j ~ . i f I + ~ ~ r._. .,.~..._.~_,........~......_.......~..,,.......,_._.W_._...___.~_ 14 I t • I too 6+ao 5+0o a+oo I 12 I ~ I I 1 z ~ . ~.y~R T , TRacr I s43t S~ I x> I 15 ' ~ ,°,t,, W E / I ~ I ~ i I ~ ~I 1 I ! ~ I . `'z I ~t I 12.5 ` I ~ I ,5' ,a ` I t2 ~ ` ` TRItCT A I ~ ~ I~QJt ' I ~ 1 I ~;E 10 rr ~I , I I~' 3 " I ~ ~ I f9 ~ , 35 R N t 1 ~ ~ i I~ a, 44R ~ ~ I ~ _ I TRacT ~ c ; I ; m I 17 ` I I ° t N I I I ~ ~ ~ ~ I 'I I - ~ , rn..~._.___...._..~..._.~.._.._._..~.~,.,... I I _ I 1 + } I 1d I 1 } ~ ~ ~ 14 ~ ~ ~ .~............_._..__.,.._.__q I I tl 18 , ~ I ~ II ~ ~ 1 1 w ~ I 15 11 ~s«~~ ~ ~ , o~ i I 8 x- I 19 I p~ I I ~ , t i ~ I t. ~ I 14' f0 . ~ t;; i ~ , y I 1 - - 1 i ~ ~ ' i ~ ~ ! TR~1 CT fC' I EXIST RESIDENCE .•-~"r ' , FO REMAIN 1~ ~ I ` I ~ s I l' I I ~ h ~ .s I I ~ ~ ~ i I I ~ ~ 1 I i ~ , ` ~ I 18 .t'i~ ~3' ?.~r•Bxf+an.~,: y- xah'~~-'4cf;mshx~: ,a / I I ~'~/y I , " I ~ I 1 8 z ~ TRAC D ~ 19 ;1 t N ~ ~ I ~ 1 21 i I I ~ ~ { U i ' I I c ~ I I I ` . 2 ~ I ~ , ~ 5 I , I I ~ I t i y ~ I Exrs R si NcE I 4 ~ ro ESA D I ~n I ;EXIST. CA GE I I R~ ?TO~ERE VE i I TRACT`, I ' ~ I ~ ~ ' i b I i t l } I ~ ~ Z~ ~ I I .,..,.,..,u.,~, I -t l 1 I ...._w. ..~._..r,..._,_ry 0 1 1 I I I i • 22 i I 8 ~ 1 3 . ~ 5 •t c 11 I ; , E~....- a I I I~ I ~ i / I I G i I I 7 ~ I / W I E G ~ 1 3 t~ I I r / Y~r' ~ I ' TREE „a..~.•°-~"" ~.E s W i. w 1 - sty ~ - . ~ ~ ~ ~ I _ A W 1 s~ ,y y . ~ ~ ~ 1 ~ ~ ~ ~ ~ 1 D v ~ , r ~ I s 60' Of 60' 120' 180' lit SCALE: 1 60' PRELIMINARY STREET AND UTILITY PLAN SCALE.. 1 _ 60' FUTURE STREET PLAN . SCALE: 1 100' If I .I I c DRAWN BJS DESIGNED KLS CHECKED BDG N COMPASS CORPORATION RIVERSIDE HOMES WALNUT GLEN SUBDIVISION 15455 NW GREEN 1 GREENBRIAR PKWY, SUITE 140 TIGARD, OREGON ALE 1" = 60' FEB. 1998 ENGINEERING * SURVEYING * PLANNING S~ 10ATE ~ ~ BEAVERT4N 6564 S.E. LAKE ROAD 503 653-9093 PHONE MERTON, OREGON 97006 M2 MILWAUKIE, OREGON 97222 503 653-9095 FAX PHON PHONE: 645-4986 6~~0~ DATE NO. REVISION ]PLAN 97-4072 14072EXHl.DWG S sive vey-- ZD 0 0 f COMPASS ENGiNEERiNG ENGINEERING - SURVEYING - PLANNING f ► W Alt E 6564 S.E. Lake Road (503)653-9093 IMO Milwaukie, Oregon 97222 FAX (503)653-9095 S TO: Mr. Brian Rager Date: April 9, 1999 City of Tigard RECEIVED City of Tigard 13125 S.W. Hall Blvd. APR 12 199 Tigard, Oregon 97223 COMMUNITY DEVELOPMEIt1 JOB NO./PROJECT NAME: #4072 - Walnut Glen ENCLOSED ARE: COPIES DESCRIPTION 1 - Road Reservation Information from Washington Count442- 1 - Foundation Map -Existin House -� "� „f SH' m�t � _ Red-lines of Plat Comments ..-- THESE ARE TRANSMITTED: [J FOR YOUR APPROVAL E. AS REQUESTED FOR YOUR USE OTHER REMARKS: COPIES TO: COMPASS CORPORATION BY: Michael A. Rademacher, PLS I r 0 • / r i_ ri--- 106.76' _. . _, I, .. 1/4_.._________s 44-15.1'11 X15.1' / 4---- -----20.�I EXISTING HOUSE `� J LOT 6 1 U 8,402 S.F. 10 / N I // h. r\ a / / w I TIT i 1 1 1 1 1 0 r r I ro .c.) . moo- 96.79' "' V r PRIVATE DRIVE / r N r A W�/ 11r4 E S APRIL 8, 1999 SCALE: 1" : 20' N A COMPASS CORPORATION LOT 6 1 ir�,�.' ENGINEERING * SURVEYING * PLANNING WALNUT GLEN •4,.•s 6564 S.E. LAKE ROAD 503 653-9093 PHONE TIGARD, OREGON 1 MILWAUKIE. OREGON 97222 503; 653-9093 FAX S 4072p1pn.dwq, 11/23/98 AT 17:03