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Resolution No. 97-38 r� a CITY OF TIGARD,OREGON t RESOLUTION NO.97-37 A RESOLUTION OF THE CITY COUNCIL ADOPTING THE DIRECTOR'S FINDINGS AND a t : CONDITIONS OF APPROVAL (EXHIBFT A) Wl"IH AN ADDITIONAL CONDITION ar ESTABLISHED BY CITY COUNCIL(EXHIBIT B)CONCERNING MINOR LAND PARTITION 97- 0010 FILED BY MR.MILES DOWNING TO PARTITION ONE PARCEL INTO THREE PARCELS. I � � WHEREAS, on June 25,1997 the application Mr.Miles Downing did file an application for Minor Land Partition 97-0010 to partition an existing.60 acre parcel into three parcels of approximately 7,750,7,771 t iwt ,r and 8,040 square feet. WHEREAS, on August 7,1997 the Director issued a decision to approve Minor Land Partition 97-0010 subject to Conditions of Approval. t t WHEREAS, on August 12,1997 the City Council called up the Director's decision to approve Minor Land Partition 97-0010 for further review, a> ct WHEREAS, on September 9,1997 the City Council conducted a duly noticed Public hearing at which Public Testimony was taken and the applicable approval standards were reviewed. 4 t NOW,"THEREFORE,BE IT RESOLVED by the'l-igard City Council that: tt SECTION 1: The City of Tigard,Oregon hereby determines that Minor Land Partition 97-0010 complies with the applicable approval standards and approves the request subject to the Findings and Conditions of Approval issued bythe Director (Exhibit A r attached)and a Condition of Approval issued by the City Council(Exhibit B). a PASSED: This 11P day of-- 997. tr t e 2 J,., Ci1.1Tgani C t T ATTEST: t� k City Recorder-City of Tigard rlcityWitlel(es\CCtlOWli res RESOLUTION NO.97ZY Page I ^aa qtr ` 7 7 .. ti s - Exhibit A— Resolution NO 97—2a as. NOTICE OF DECISION "$ if ' MINOR LAND PARTITION(MLP)97-OC 310 amcfnoaxD m` DOWNING 92ND AVENUE PARTITION SECTION 1: App ICATION SUMMAR r� CASES: FILE NAME- DOWNING'Q9UD ^VCNn IE -- -- -- - '''3t Minor Land PartitionMLP 97-0Oi0 , h PROPOSAL: The applicant has requested to partition one(1)parcel of approximately .61 acres into three(3)parcels of 7,570 square feet,8,040 square feetg"gros and 7,771 square feet � APPLICANT: Miles Downing OWNER:Same P.O.Box 230972 Tigard,OR 97281-0972 4 COMPREHENSIVE " PLAN DESIGNATION: Low Density Residential; 1-;Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 4.5 Units Per Acre; R-4.5. The R-4.5 Zoning'Distrct E< Allows Low Density Detached,Single-Family Residences- LOCATION: 11000 Stock of SW 92nd Avenue; WCTM 1S135DC,Tax Lot 06701. 3 APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.92, 18.100, 1 " 18.102,18-108,18.162 and 18.164. SFQTION H: 12ECISIcN s IN [77indings ven that the City of Tigard Community Development Director's designee o! ITROVED the above request subject to conditions of approval. d conclusions on which thedecision is based are noted in Section 1V. y 4 Fifa. NOTICE OF DECISION MLP 9741010_ DOWNING MO AVENUE PARTITION PAGE i c`r CONDITIONS OF APPROVAL PRIOR TO RECORDING THE FINAL PLAT,THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted,the staff contact shall be Brian Rager in the Engineering Department(503)639-4171. 1. A Street Opening Permit will be required for this project to cover the sanitary and storm sewer lateral connections and any other work in the public right-of-way(ROW). The applicant will need to submit five(5)copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the 4 public improvements. This permit shall be obtained by the applicant prior to approval of the final plat 2. As a part of the public improvement plan submittal,the Engineering Department shalt a 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. Any necessary off-site utility easements shall be the responsibility of the applicant toqo obtain and shall be submitted to and accepted by the City prior to construction. 4. Additional right-of-way(ROW)shalt be dedicated to the Public along the frontage of SW 92nd Avenue to increase the (ROW) to 25 feet from the centerline. This dedication shall be shown on the face of the final plat. 5.- An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW 92nd Avenue. � 6. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connections prior to issuance of the City's public improvement permit 7. The applicant's proposed stone drainage design shall be reviewed and approved by 1 the City prior to construction. 8. The applicant shall either place the existing overhead utility lines along SW 92nd 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,it shall be paid prior to recording of the final plat 9. Final Plat Application Submission Requirements: ,^ r A. Three (3) mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon,and necessary data or narrative. NOTICE OF DECISION MLP 97-0010-DOWNING KNO AVENUE PARTmON PAGE 1. 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 ofTigard. C. The right-of-way(ROW)dedication for SW 92nd Avenue shall be made on the partition plat. PRIOR TO ISSUANCE OF BUILDING PERMITS,THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 4adx 10. Prior to issuance of building permits on this site,,the applicant shall obtain a Site t' Permit from the Building Department to cover all grading for the lots,all on-site private '` utility installation(water,sewer, storm,etc.)and all driveway construction. NOTE: ' § this permit is separate from any permit issued by the Engineering Department for work in the public right-of--way(ROW). 11. The applicant shall provide the Engineering Department with a recorded mylar copy s v of the partition plat. k 12 Prior to issuance of the building permits for Parcels 1,2 and 3,the applicant shall pay ' the standard water quality fee of$180.00 per lot ,� 13. The applicant is required to provide paved driveways with a minimum often(10)feet " of paved width to each new dwelling.STAFF CONTACT: Mark Roberts, Planning a ~ Division. 14. Flag lot access screening shall be provided along,the affected portions of the hLL access easement in accordance with the approved flag lot screening plan. STAFF k �k CONTACT:Mark Roberts,Planning Division. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. i SECTION III: BACKGROUND INFORMATION b Site History: The subject property is presently undeveloped. The site has approximately a five(5) percent -slope towards SW Greenburg Road. The property presently contains approximately 51 trees of varying sizes.-Many of these trees are larger fir trees of over 20 f caliper inches each. NOTICE or DEc1510N MLP 97-0010-DOWNING 92ND AVENUE PARTmON PAGE 3 ..,� _ On March 27, 1997, the City issued a decision to conditionally approve Minor Land Partition 97-0002 that included the property that is the subject of the current partition proposal. On April 4, 1997,the City issued an amended decision for MLP 97-0002. The amended decision was issued because a street was created through the previous approval. The March 27, 1997 decision should have been issued as a Major Land Partition or have required a revision for an access easement type of accessway or other acceptable method for the lots that are being created. The applicant requested that the Minor Land Partition be re-issued with revised Conditions of Approval reflecting the limitations of a Minor Land Partition. On April 23, 1997, neighboring property owners filed an appeal of this decision. At the June 2, 1997 Public Hearing,the Planning Commission continued the Public Hearing to June 16, 1997,to allow the applicant and neighboring property owners to try to resolve issues related to the appeal. The applicant withdrew Minor Land Partition 97-0002 before the continued hearing was held by the Planning Commission. i Site Information and Proposal Description, The applicant now proposes to partition a portion of the original MLP 97-0002 site. This area is a separate legal lot that was created by deed in 1945. The applicant proposes to create three(3)new sites to develop new single-family residences. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Studv: Section 18.32.050 states the applicant shall either specificallyconcur with a requirement for public right-of-way dedication, or provide evidence that f supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Alternatively,an applicant may , a: specifically concur with the requirement for dedication of right-of-way to the public and waive the impact study analysis by dedicating the right-of-way and completion ' ^f a waiver statement An impact study waiver was provided. The applicant proposes to } develop under existing required system development fees and has agreed to dedicate an additional five (5) feet of right-of-way (ROW)along the property frontage on SW 92nd Avenue._;The applicant has also agreed to provide a waiver of non-remonstrance against x any future formation of a Local Improvement District for any future street improvements that are constructed on SW 92nd Avenue. 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 David Larson for the A-Boy Expansion/Dolan II (Resolution,95-61), TIF's are expected to t recapture 32 percent of the traffic impact of new development on the Collector and Arterial ; NOTICE OF DECISION MU?97-0010-DONNING 92NO AVENUE PAATMON PAGE � t , Street system. Presently,the TIF for each trip that is generated is$169.00 The total TIF for a detached,single-family dwelling is$1,690. Upon completion of this development,the future builders of the residences will be required } to pay TIF's of approximately $5,070.00 ($1,690 x 3 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide,a fee that would cover 100 percent of the project traffic impact on major streets is $15.340.00 ($5,280 x 3 dwelling units). Because additional local street right-of-way (ROVV)width does not add to either area or regional roadway capacity,no traffic impact fee credit has been provided in the past in relationship to required(ROW)dedication. For this reason,the development of this project will result in an unmitigated traffic impact of $10.770. For this reason,the project's traffic impact and the proposed local street right-of-way (ROVE)dedication(as discussed within this report),are less than the impact and,therefore meet the rough proportionality test. F Minor Land Partition-Approval Standards: Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public faei➢ities are available to serve the proposal; �s 4. All proposed lots conform to the size and dimensional requirements of this title;and S. All proposed improvements meet City and applicable agency standards(Ord. 89-06;Ord.83.52). The proposed lot size and type of development conforms with the type of density range- allowed by the Comprehensive Plan as required by Criteria 1. The applicable development standards that implement the Comprehensive Plan designation for this property are reviewed elsewhere within this report. Each of the proposed parcels would exceed the 7,500 square foot minimum after deduction of proposed right-of-way(ROVV)and areas shown for access. The proposed parcels would also exceed the 50-foot average width requirement,as required by Section 18.50. c , sx The development,as proposed,does not exceed the maximum residential density allowed' under Chapter 18.92 for a .61 acre parcel within the R-4.5 Zoning District. The site has gross square footage of 26,850 square feet,after subtraction of areas do be dedication for r public right-of-way(ROW)purposes,a net area of 26,400 square feet remains. By dividing the net area by 7,500 square feet,this site yields the opportunity to develop up to three(3) dwelling units. The applicant has proposed to develop three dwelling units in compliance with this standard. Because the site has less than 100 feet of frontage on SW 92nd Avenue Section 18.100 does not require the planting of street trees. The applicant is encouraged to incorporate" .� TTGE 9F DEC'S!ON MLP 57-00.9 .,...:NING 92.D...ENUEPA2TMON PAGES street trees into the project along the site's SW 92nd Avenue frontage. Where possible, existing trees that are to be preserved may serve as the required street tree plantings. The applicant has not proposed to construct new property improvements within the proposed clear vision areas next to driveways in compliance with Section 18.102. Through the Conditions of Approval the applicant is required to provide paved driveways with a minimum of ten(10)feet of paved width to each new dwelling in compliance with Section 18.108. Upon completion of the appeal period,the development will have complied with the statutory requirements of the City of Tigard for development review,as required by Criteria 2. Adequate public facilities are available or have been required to be provided to serve this site, as set forth in Sections 10„164 030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100(Storm Drain),as required by Criteria 3. These requirements are reviewed by the Engineering Department in this report. Y The new parcels do not exceed a two and one-half to one,length to depth ratio. The 50-foot average width requirement is also met by these parcels. For these reasons,the proposed parcel configurations conform with size and dimensional requirements of the R-4.5 Zoning 3 District,as required by Criteria 4. As proposed,the improvements will comply with City and applicable agency standards in x satisfaction with Criteria 5,as reviewed through the Building Permit Plan Check process. As proposed, none of the three(3)parcels comply with the Basic Solar Access requirements because.than to�nn5h int.l:.........:.... c ; -north_ ._south lot dimension O. those partes would be less than 90 feet in length. The Solar Access standards allow an exemption from compliance with the Basic Standard due to loss of project density that would occur through compliance with the lot size standard. Section 18.88.040(E)provides for this type of adjustment to the solar access standards. Future development of structures on the new parcels requires compliance with Solar Balance Point Standards of the Solar Accessibility provisions. Section 18.162.050 contains the following special provisions for lots created through the Partition Process: 1. Lot Width:The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district 2. Lot Area: The lot area shall be as required by the applicable zoning district In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot F_ rootage: Each lot created through the Partition 9 p process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15- foot-wide access easement 4. S t�.cks: Setbacks shall be as required by the applicable zoning district 5. Front Yard Determiagtion for Ft-oLot:.When the partitioned lot is a flag lot,the developer may determine the location of the front yard,provided that no side yard is less than 10 feet Structures shall generally be located so as to maximize separation from existing structures. 6. ccreenino on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. NOME OF DECISION MLP 97-0010-09kVNiNG 92ND AVENUE PARTITION -PAGE 6 $ l klt Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development 7. Fire Protection: The fire district may require the installation of afire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot,a reciprocal easement that will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accesswav: Any accessway shall comply with the standards set forth in Chapter 18.108,Access,Egress,and Circulation. 10. f ioodolain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian and or bicycle pathway with the floodplain in accordance with the adopted pedestrian and or bicycle pathway plan. Criterion's 1,2,3 and 4 are satisfied. The parcels will exceed the area requirement of 7,500 square feet required for properties zoned R-4.5. The newly created parcels would have a minimum of 15 feet of direct frontage on a public street.The standards for setbacks and clear vision requirements will be reviewed for new structures prior to the issuance of Building Permits,in satisfaction with Criteria 4. mi) Criterion's 5 and 6 have been addressed. Lots 2 and 3,as proposed,meet the definition of a flag lot. Shared access has not been proposed as part of this development Because SW 92nd Avenue is a Local Street,direct individual access can occur from each new proposed development site to SW 92nd Avenue. A flag lot setback determination will be necessary for Lots 2 and 3. The driveway screening plan that was provided complies with the screening 1 standard as stated in Criteria 6. Flag lot setback standards that address necessary 'screening requirements will be applied for these sites through the Building Permit Plan Check process. Through the Building Permit review,fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Criteria 8, requiring a reciprocal accessand maintenance agreement, is not applicable to this.request because the applicant has provided direct frontage from each newly created parcel to SW 92nd Avenue. " Criteria 9 will be satisfied through the requirement for a 10-foot-wide minimum paved driveway to serve each new building site. Criteria 10 has been met because the property is not located within the 100-year flood plain or in areas with slopes exceeding 25 percent. Because the site does not adjoin the 100-year flood plain,dedication of areas for pathway purposes is not applicable. t <<0 °'.AT.^E ......._ mu-7nlpld-DOWNING 42ND AVENUE PAR?TT10N PAGE PUBLIC FACILITY CONCERNS: Section's 18.164.030(El(11(al(Streets),18.164.090(Sanitary Sewer),18.164.100(Stone Drains) shall be satisfied. Davelopment Code provisions related to Stone Water Quantity,Storm Water Quality,Existing Utility Line Undergrounding, Water Service, e<, Grading,Erosion Control and Site Permits are also addressed below: STREETS: This site lies adjacent to SW Greenburg Road and SW 92nd Avenue. SW Greenburg (( Road is classified as a major collector street and is fully improved adjacent to this site. No additional right-of-way(ROW)dedications or street improvements are necessary: SW 92nd Avenue t SW 92nd Avenue is a local residential street that is paved, but not improved to City , standards. The existing ROW width is approximately 40 feet. The applicant proposes to dedicate an additional five (5) feet to provide 25 feet from centerline. This ROW dedication will be adequate. The Tigard Municipal Code (TMC) 18.164.030(A)(1)(a) states that streets within a u development and streets adjacent shall be improved in accordance with City standards. i However, 18.164.030(A)(1)(0 States that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associated with the project does not, by itself, provide a significant improvement to the street safety or capacity. s Although this development will incrementally increase the amount of traffic on the roadway,the increase will not substantially degrade the level of service on the street. A street improvement adjacent to this site,therefore,will not significantly improve the safety or capacity of the street. Staff,therefore, recommends that the applicant be required to enter into a non-remonstrance agreement with the City,whereby,the owner agrees to participatein any future widening projects for the street carried out through a Local Improvement District. This agreement must be executed prior to approval of the final plat. WATER: w:5 This site lies within Tualatin Valley Water District's(TVWD)service area_ The applicant's plan`indicates that there is an existing public water line in SW 92nd Avenue. Any proposed connections to, or extensions of, the public water line shall be reviewed and- approved by TVWD. of SANITARY SEWER: There is an existing eight (8)-inch public sewer line in SW 92nd Avenue that can $ adequately serve this site. The location of the sewer taps shall be approved by the City prior to construction. w*+ S 4 � � 1 d NOT CE OF DECISION MW 91-0010-DOWNING 92ND AVENUE PAR=ON PAGE k 3 e r STORM DRAINAGE: There is an existing public storm drainage line in SW Greenburg Road that collects street runoff,including the catch basin at the northeast comer of the 92nd Avenue intersection. The applicant proposes to direct the storm drain lines from the three(3)lots across the adjacent � property (also owned by the applicant),directly south and tie into the existing i �t storm pipe in Greenburg Road. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency(USA)(Resolution and Order No.91-47,as amended by R&O 91-75)which require the construction of on-site water quality facilities. However, the R&O includes a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from Parcel 2. Rather,the R&O provides that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. 41 GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from a velo.....cn r•••�•••. W•z••v c •• ••� . grading, excavating, clearing and any other activity.that accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion t control plan for City review and approval prior to issuance of City permits. EXISTING OVERHEAD UTILITY LINES: ' a There are existing overhead utility lines adjacent to SW 92nd Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or,at the election of the developer,a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed,it is equal to$27.50 per lineal foot of street frontage that contains the overhead lines. SITE PERMIT REQUIRED: The applicant is required to obtain a Site Permit from the Building Division to cover all on- site private utility installations(water,sewer,storm,etc.)and driveway construction. This ` permit shall be obtained prior to issuance of any building permits on the site. z.? ori � t NOTICE OF DECISION MLP 97-MIO-DOWNUNG 9ZNr AVENUE PAMMON PAGE 1� G U SECTION V: OTHER STAFF COMMENTS t k The Building Division reviewed this application and had the following comment: Private Gstorm sewer improvements shall be constructed in the proposed utility, easement to accommodate all roof and underfloor drains for all three(3)proposed lots. A site permit shall be obtained for these improvements prior to recording. The Police Department reviewed this application and had the following comment: ,_ Addresses are needed to be madsd for each home on SW 92nd Avenue,so the homes can be located easily. No other staff comments or objections have been received. t' SECTION VI: AGENCY COMMENTS f The Unified Sewerage Agency (USA) reviewed this proposal and provided the r following comments: Sanitary S w.r. Each tot 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 c 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. 34ortn Sewer. Each lot within the development should have access to public sic,^r sewar; Engineer should verify that public storm sewer is available to up-hill adjacent properties, or extend storm service as required by R&D 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. t Water Quality: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. The Tualatin Valley Water District reviewed this proposal and provided the following A comments: Water:peters shalt be located out of traffic areas and or out of any sidewalk areas, ifa applicable_ k - No other agency comments or objections have been received. 3 7 � " NOTICE OF DECISION M1P 97-0070-DOWNING 92ND AVENUE PARTITION pgOE rp ,w SYE~����. �t � t SEC ON VII• PROCEDURE AND APPEAL INFORMATION �t Notice. Notice was posted at City Hall and mailed to: �r ° X_The applicant and owners —X Owner of record within the required distance � _2�_Affected government agencies Final Decision: ' ' < THE DECISION SHALL BE FINAL ON WEDNESDAY AUGUST 18,1997 UNLESS AN APPEAL IS FILED. g ' Appea Any party to the decision may appeal this decision in accordance with Sections 18.32.290(A) and Section 18.32.340 of the Community Development Code that provides x that a written appeal must be filed within ten(10)days after notice has been given and sent The deadline for filing an appeal is specified below. The appeal fee schedule and appeal form are available from the Community Development Department or Planning >Division at Tigard City Hall,13125 SW Hall Boulevard,Tigard,Oregon 97223 � THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.J.ON AUGUST 18,1997. �N 'Questions: If you have any questions,please call the City of Tigard Planning Division or Community r� Development Department of Tigard City Hall,13125 SW Hall Boulevard,Tigard,Oregon at (503)639-4171. _ 2 �+ s a Auquct 7 1997 ', PREPARED BY: Mark Roberts DATE Associate Planner,AICP August 7 1997 APPROVED BY: Richard Bewersdo DATE Planning Manager � s, " z-4 LICORPIN xIIVALP9T-1O DEC {+ NOTICE OF DECISION MLP 97-0010 DOWNING 92NDA a VENUE PPRTm4 �L M C Zn co LOT 1 LOT222 Lj 2 c r r, ...... = LOT I '�••�`4• _HOGS J' /::' r`O »....21 i' f y'sr/Z u r� FIRE HYDRANT 1J y i TpaH DR`IN; TO CURB sro>w—t, C-C..IA— APPLICANT/GWNER RILES DOWNING P.O. BOX 230972 T IGARD OR 97281-0972 '4 7 k LOCATION HAP IS135DC .TAX LOT 6701 I a k; Rs Y PLOT PLAN CASE NO. I ! A R A i-5 s DOWNING 92ND AVENUE PARTITION !—i P t ASLP 97-0010 t DAKOTA A 11s .......... s c CL suS LN CU o a LO MT CU rg a ctm n N MLP 97-0010 1 - •--- DOWNING 92ND AVENUE PARTITION { � Exhibit B oS Resolution No.97- �l City Council Condition of Approval for Minor Land Partition,Downing 92nd Avenue -MLP 97-0010 ` t t�� Applicant shall be required to submit to the Planning Director for approval,a t � tree plan that demonstrates how,and assures that,the trees identified for .. retention on Exhibit 1 shall be protected and retained. After the tree plan is implemented(those identified for removal are removed),should it be determined by an arborist that these specified trees must be removed,due to disease or dantage,those trees shall be replaced with fir trees of a minimum of four inches . J, "f, in caliper in a location as close as practical to location of the trees removed. This condition shall apply until occupancy of the individual dwellings. In ,; i WMd Cathy\councillccdown doc k NII i'u J� k J "i lw s' f �4 n 4.M p4`\k� " 1 �.