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SUB1997-00007 SUB97 - 00007 MYERS ESTATES SUBDIVISION . 120 DAYS = 1/3/98 .�i1 CITY OF TIGARD Community'Development Shaping.t'Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER NO. 97-04 PC a BY THE PLANNING COMMISSION Case Number(s): SUBDIVISION(SUM 97-0001/PLANNED DEVELOPMENT REVIEW MDR)91-0005 ZONE CHANGE LZONI 97-0004 Case Name(s): MYERS ESTATES SUBDIVISION Name of Owner: Mary Myers Name of Applicant: HMP Enterprises Attention: Brad Pihas Address of Applicant: 22151 SW 55th Avenue City: Tualatin State: Oregon Zip: 97062 Address of Property: 10860 SW Hall Boulevard City: Tigard State: Oregon Zip: 97223 Tax Map(s)/Lot No(s).: WCTM 1S135AD, Tax Lot 03000. Request > Approval of the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2. Planned Development Review to allow lot sizes less than the minimum required by the zone; and 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. Zone: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. Action: :- ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:% THE DECISION SHALL BE FINAL ON WEDNESDAY NOVEMBER 19,1991 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 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 P.M.ON NOVEMBER 19,1997 Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SUB 97-07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION NOTICE OF FINAL ORDER NO.97-04PC BY THE PLANNING COMMISSION CITY OF TIGARD PLANNING COMMISSION ` '"� CITY OF TIGARD FINAL ORDER NO.: 97-04PC Community Development Shaping A Better Community A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS APPROVING AN APPLICATION FOR A SUBDIVISION, PLANNED DEVELOPMENT AND ZONE CHANGE. SECTION I. APPLICATION SUMMARY CASES: FILE NAME: MYERS ESTATES SUBDIVISION Subdivision SUB 97-0007 Planned Development Review PDR 97-0005 Zone Change ZON 97-0004 PROPOSAL: The applicant requests the following development applications: 1 . Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2. Planned Development Review to allow lot sizes less than the minimum required by the zone; and 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. OWNER: Mary Myers APPLICANT: Brad Pihas 3406 NW Thatcher Road HMP Enterprises Forest Grove, OR 97116 22151 SW 55th Avenue Tualatin, OR 97062 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential; 8-12 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 12 Units Per Acre; R-12. LOCATION: 10860 SW Hall Boulevard; WCTM 1S135AD, Tax Lot 03000. The site is located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. SECTION II. DECISION Notice is hereby given that the Planning Commission has APPROVED the proposal subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. '; MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 1 OF 17 • CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE STAFF CONTACT FOR ALL CONDITIONS IS BRIAN RACER WITH THE ENGINEERING DEPARTMENT, (503) 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. The applicant shall construct half-street improvements along the frontage of SW Hall Boulevard to meet the Oregon Department of Transportation (ODOT) standards. The improvements adjacent to this site shall include: A. ODOT standard pavement section from curb to centerline equal to 25 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 and gutter; D. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; E. eight (8)-foot concrete sidewalk, per City standard; 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); street signs; J. driveway apron for private street; and K. adjustments in vertical and/or horizontal alignment to construct SW Hall Boulevard in a safe manner, as approved by ODOT. 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way (ROW). A copy of the permit shall be provided to the City Engineering Department prior to issuance of a public improvement permit. Agency Contact: Jane Estes, District 2A Permit Specialist at (503) 229-5002. 5. Additional right-of-way (ROW) shall be conveyed to the State of Oregon, by and through its Department of Transportation Highway Division along the frontage of SW Hall Boulevard to increase the ROW to 45 feet from centerline. The description shall be tied to the existing ROW centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. For additional information, contact Myron Melick at: Oregon Department of Transportation Right-of-Way Section, 7165 SW Fir Loop, Tigard, OR 97223. Phone: (503) 684-1510. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 2 OF 17 • . 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposeu 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 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. 9. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's public improvement permit. 10. The applicant shall submit a drainage basin map with the sanitary sewer plan to ensure that all adjacent upstream properties can be served from the public sanitary sewer system. 11 . The applicant shall obtain approval from ODOT with regard to the proposed storm drainage connection in SW Hall Boulevard. 12. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing an on-site w. :r quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square foot of hard surface is assessed to each individual lot. Payment of the fee can be split into two parts: 1) the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat; and 2) the portion assessed to each lot ($210/lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalks in order for the fee under No. 1 above to be calculated. 13. 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." 14. The applicant shall either place the existing overhead utility lines along SW Hall Boulevard 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. 15. Revised site and landscaping plans shall be submitted for review by the Planning Division. Staff Contact: Will D'Andrea, Planning Division (639-4171). The revised plans shall include the following: A. impervious surface/landscaping calculations that demonstrate a minimum of 20% of the site is landscaped; B. 23-foot "Tract A" with an adjoining two (2)-foot access easement; MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 3 OF 17 C. minim ?5-foot frontage required for lot 5; D. tree mitigation of 30 caliper inches in accordance with Community Development Section 18.150.070.D. This mitigation is in addition to the required street trees. A re plan that more clearly identifies the large cluster of trees along the north property in well as, adjacent to the concrete slab, and their potential impact on the mitigation plar PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION SHALL BE SATISFIED: Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639-4171. 16. Prior to issuance of building permits, the applicant shall provide the Engineering Departr with a recorded mylar copy of the subdivision plat. 17. Prior to issuance of any building permits within the subdivision, the public improvements sha deemed substantially complete by the City Engineer. Substantial completion shall be wher all utilities are installed and inspected for compliance, including franchise utilities; 2) all I residential streets have at least one lift of asphalt; 3) any off-site street and/or L improvements are completely finished; and 4) all street lights are installed and ready tc energized. 18. Prior to issuance of building permits, the applicant shall provide the City with as-built drawinc the public improvements as follows: 1) mylars; and 2) a diskette of the as-builts in "DI, format, if available, otherwise "DXF" will be acceptable. Note: if the public improven drawings were hand-drawn, then a diskette is not required. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITION SHALL SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE WILLIAM ()ANDREA WITH THE CITY OF TIGARD PLANNING DIVISION AT (503) 639-4171. 19. All site improvements installed per the approved plans. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF TI- 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 the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the per specified, the City may complete the work and recover the full cost and expenses from Subdivider. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04F SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 4 OF 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. 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 oy 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). MYERS ESTATES SUBDIVISION PLANNING COMMISSION FIN AL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 5 OF 17 All centerline monuments shall ue 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS ° 114"!` FROM THE EFFECTIVE DATE OF THIS DECISION. �� MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 6 OF 17 • SECTION III. BACKGROUND INFORMATION Site History: No development applications were found to have been filed with the City. Vicinity Information: Adjoining properties are zoned R-12 (Residential, 12 units per acre) and are developed with single- family residential structures and a church. Site Information and Proposal Description: The .46 acre property is currently vacant and is overgrown with grasses and assorted tree clusters. There is a concrete pad approximately in the middle of the property (the remains of a single-family residence) and a small wooden shed on the property. The property slopes southwesterly from an elevation of approximately 184, to an elevation of approximately 179. The applicant is proposing the following land use development applications: 1 . Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2. Planned Development Review to allow lot sizes less than the minimum required by the zone; and 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant's narrative states that the applicant will provide a half-street improvement along SW Hall Boulevard and that the design of the subdivision concurs with the requirement for dedication of public right-of-way (ROW) and depicts a 25-foot wide half-street improvement. 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 recapture 32% of the traffic impact of MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 7 OF 17 new development on the ColleLaor 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 has proposed to construct half-street improvements on SW Hall Boulevard. The Engineering Department has estimated the cost of half-street improvements to be approximately $200 per lineal foot. This conservative estimate was determined from current bid tabulations. Assuming a cost of $200 per lineal foot, it is estimated that the total cost of the half-street improvements to SW Hall Boulevard is $22,000 (110 feet x $200). Based on past City purchases of residential property for street ROW, residential property is assessed at $2 per square foot. The applicant is being required to dedicate an additional 2,038 square feet of ROW along SW Hall Boulevard. Assuming a cost of $2 per square foot, it is estimated that the total cost of the dedication is $4,076 (2,038 square feet x $2). The total cost for dedication and improvements is a total of $26,076. 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 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 $27,968 ($8,950 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF of $8,950 is paid, the unmitigated impact can be valued at $19,018. The total estimated cost of the dedication and half-street improvements is approximately $26,076. Given the estimated unmitigated impact of approximately $19,018, the difference in the conditioned items and the unmitigated impact is approximately $7,058. The rough proportionality test means that the conditions imposed must be "roughly proportional" to the impacts associated with a development. The test does not require a precise mathematical calculation. The test does not require a "dollar-for- dollar" exchange of conditions for impacts, nor does it require that the impacts outweigh or have a higher estimated value than the conditions imposed. The estimated costs (in this case, the street dedication and improvements) required of the applicant may be greater in estimated value than the value of the unmitigated impact. The rough proportionality test decided by the Supreme Court related to the cost of dedications, not improvements. Although the requirements imposed have a slightly higher estimated value than the unmitigated impact, the City finds that the conditions meet the rough proportionality test. For safety considerations improvements should match those on adjacent properties, for instance, the applicant's having a narrower improved ROW would create a potential traffic hazard. In addition, as a State Highway, ODOT requires the improvement as a condition of its access permit. Dimensional Requirements: Section 18.54 states that the minimum lot area for each single- family lot in the R-12 zoning district is 3,050 square feet and there is no minimum lot width requirement. The maximum lot coverage shall be 80% including all buildings an impervious surfaces and the minimum landscape requirement shall be 20%. Although the applicant is proposing lots ranging between 2,696 and 3,719 square feet, this section is satisfied as the applicant is creating this subdivision through a Planned Development. The provisions of the Planned Development Section 18.80, allows the creation of lots which are less than the minimum required by the underlying zone provided that the density provisions are not exceeded. The applicant has not provided impervious surface/landscape calculations. A revised plan shall be submitted that provides the impervious surface/landscape area to be in compliance with this standard. Development Standards: Section 18.54.050 contains standards for the R-12 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 8 OF 17 Minimum lot size 3,050 Square Feet* Average lot width No Minimum Front setback 15 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 10 Feet Rear setback 15 Feet Maximum building height 35 Feet 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. * Because the project is being reviewed under Planned Development standards, the minimum lot size, average lot width and lot depth standards do not apply to this development. Section 18.88.010 (Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the protected solar building line option if: 1) a protected solar building line is designated on the plat or in documents recorded with the plat; 2) the protected solar building line is oriented within 30 degrees of a true east-west axis; 3) there is at least 70 feet between the protected solar building line and the middle of the north-south dimension of the lot tot he south, measured along a line perpendicular to the protected solar building line; and 4) there is at least 45 feet between the protected solar building line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least 80% of their ground floor wall will not be shaded by structures or non-exempt vegetation. The applicant is proposing to provide the protected solar building line. As indicated on the plans, the lots comply with the criteria, thereby, satisfying this requirement. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area of the site is approximately 20,284 square feet. The net developable area of the site (after deduction of 2,955 square feet for a private street and 2,038 square feet for public ROW) is approximately 15,291 square feet. With a minimum of 3,050 square feet per lot, this site yields an opportunity for up to five (5) lots under the R-12 zoning designation. The applicant is proposing five (5) lots. The proposal is, therefore, in compliance with density calculations. Planned Development: Section 18.80 encourages development that recognizes the relationship between buildings, their use, open space, and accessways and thereby maximizes the opportunities for innovative and diversified living environments, while implementing the density range provided through the Comprehensive Plan. Section 18.80.080 states that the minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.92. Section 18.80.120(A) (Planned Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of other Community Development Code Chapters. The applicable criteria in this case are Chapters 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.160, 18.150, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 9 OF 17 The proposal contains no elk..,ents related to the provisions of `.de Chapters 18.96 (Additional Yard Setback Requirements), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.80.120.A.2. These Chapters are therefore found to be inapplicable as approval standards. Code section 18.80.120.A.3 provides other Planned Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.80.120.A.3.e (Shared Outdoor Recreation Areas: Residential Use), 18.80.120.A.3.c (Privacy and Noise), or 18.80.120.A.3.d (Private Outdoor Area) and are, therefore, found to be inapplicable as approval standards as these criteria have been applied only to multi-family development. Relationship to the natural and physical environment: Section 18.80.120.A.3.(a) states that the streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible and that trees with a six inch caliper measured at four feet in height from ground level shall be saved where possible. The proposed lots and private streets will require minimal grading, thereby, preserving the existing topography and natural drainage. Given the size of the property and proposed improvements, all of the existing trees will be removed. In accordance with Section 18.150, trees greater than 12-inch caliper will be mitigated. The proposed plan also includes new landscaping and street trees, in compliance with this criteria. Buffering, screening, and compatibility between adjoining uses: Section 18.80.120.A.3.b states that buffering shall be provided between different types of land uses. It also states that in addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.100: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. The proposed single-family residential lots are compatible with adjoining properties and uses. A buffer area is not required by the Buffer Matrix Section 18.100.130, as a use that requires buffering and screening. Since the use is compatible, this requirement is satisfied and no buffering shall be required. Access and circulation: Section 18.80.120.A.3.f states that the number of allowed access points for a development shall be provided in Chapter 18.108, all circulation patterns within a development must be designed to accommodate emergency vehicles, and provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. As discussed in Section 18.108.070.A (Access), the proposed private street will satisfy the access standards. The proposed design and length of the private street meets recommended emergency vehicle standards. 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: MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 10 OF 17 .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 preliminary plan shows the provision of trees along SW Hall Boulevard, spaced approximately 20 feet apart, satisfying 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. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway and then connecting these two 30-foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. As indicated on the site plan, this criteria is satisfied. Parking: Section 18.106.030.(A ) states that each lot is required to provide 2 off-street parking spaces. Each parcel provides 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. As indicated on the site plan, each lot will provide a minimum 10-foot wide driveway. The plan shows that a 20-foot "Tract A" has been provided to serve as a private street. The 20-foot width is adequate to provide the minimum 20-foot pavement requirement, however, the 25-foot access width has not been provided. The proposed "Tract A" is 23 feet in width. A revised site plan shall be submitted that provides the 25-foot access width required to accommodate a 20-foot paved driveway, thereby, satisfying this requirement. The 25-foot access width may be provided by the 23-foot "Tract A" with an adjoining two (2)-foot access easement. Emergency vehicle turnaround: Section 18.108.070.C. states that access drives in excess of 15(1 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 and length 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 MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 11 OF 17 • 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 plan indicates that there are a total of two (2) trees greater than 12-inch caliper on the site. The proposed plan will be removing both of the trees that are greater than 12-inch caliper, for a total of 30 caliper inches. The applicant is retaining less than 25% of existing trees over 12 inches in caliper and, is thus, required to provide a mitigation program of no net loss of trees according to Section 18.150.025.B.2.a and Section 18.150.070.D. The applicant shall, therefore, prepare a plan detailing the mitigation of 30 caliper inches. This mitigation is in addition to the required street trees. Upon a site visit, it appeared that the existing conditions plan did not identify all the trees on the site. There appears to be a large cluster of trees along the north property line, as well as, adjacent to the concrete slab. It is not clear whether these trees will impact the required mitigation calculation. A revised plan shall be submitted that more clearly identifies these clusters of trees and their potential impact on the mitigation plan. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. The proposed subdivision complies with the Comprehensive Plan Map's Medium Density Residential opportunity for the site, as well as, with the applicable policies and regulations of the R-12 zone and other applicable ordinances and regulations. 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The proposed name of the subdivision "Myers Estates" is not duplicative of any other plat recorded in Washington County, in compliance with this criteria. 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. The site does not abut properties with approved plats that would require conformity or connectivity. Therefore, this criteria is not applicable. 4. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements, including the provision for public services such as sewer, water, drainage and street improvements. 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 Hall Boulevard is classified as an Arterial. The applicant has been conditioned to construct half-street improvements to Arterial standards. The proposed private street will be designed in accordance with City 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 that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-000520N 97-0004 PAGE 12 OF 17 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. Given the existing development pattern of surrounding properties, it is not necessary, nor possible, to extend the proposed 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 street that abuts the property which would require extending to provide through circulation. Cul-de-sacs: Section 18.164.030(K) requires that a cul-de-sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. The proposed private driveway is approximately 150 feet in length, well under the maximum cul-de-sac length requirement. The proposed private street will accommodate five (5) dwelling units, well under the maximum 20 dwelling units allowed. The private street, therefore, complies with this standard. 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 private street design satisfies City standards. 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. Therefore, the proposed private street satisfies this section. The applicant has also been conditioned to provide for a bonded maintenance agreement or a homeowners' association for maintenance of the street. 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. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 13 OF 17 This criteria is not applicable, one site is constrained from meeting ,.,e specified block perimeter due to existing development patterns. 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. Given the existing development pattern of surrounding properties, it is not necessary nor possible, to provide for pedestrian connections. 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. This criteria is satisfied as Section 18.80.080 states that the minimum lot size, lot depth and lot width standards shall not apply, except as related to the density computation under Chapter 18.92 and the proposed lots are less the 1.5 times the minimum lot size of the zone. 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 1-4 comply with this standard. The plan shows that lot 5 has 23 feet of frontage on the private street. A condition has been imposed requiring the provision of a 25-foot access easement. The provision of this 25-foot easement will provide the minimum 25-foot frontage required, and thus, comply with this standard. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. As indicated on the site plan, a sidewalk is being provided along SW Hall Boulevard, thereby, satisfying this standard. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW Hall Boulevard, which is classified as an Arterial street and is under ODOT jurisdiction. The current right-of-way (ROW) width is approximately 30 feet from centerline. The ultimate ROW required on this roadway is 45 feet from centerline. The applicant has agreed to dedicate additional ROW to provide 45 feet from centerline. Hall Boulevard is not fully improved adjacent to this site. ODOT comments received indicate that they will require the applicant to construct a half-street improvement in order to mitigate the additional traffic impact from this development. The required pavement widening will provide a total of 25 feet from curb to centerline. The applicant will need to obtain ODOT's approval and permit prior to issuance of the City construction permit for the public improvements. In addition, ODOT will require the applicant to apply for an access permit. This also shall be completed prior to issuance of the City construction permit for the public improvements. The plan proposes that all of the lots within this subdivision will be served from a private street. Tigard Municipal Code (TMC) 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Since this development will only contain five (5) lots, the TMC provision is met. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 14 OF 17 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. WATER: This site is within the Tualatin Valley Water District (TVWD) service area. Any connections to, or extensions of, the public water line shall be reviewed and permitted by TVWD. SANITARY SEWER: There is an existing eight (8)-inch public sanitary sewer line in SW Hall Boulevard that can adequately serve this site. The applicant will construct a new public sanitary sewer line within the new private street to serve the new lots. The applicant will need to assess the need for this new sewer line to be extended to the east boundary of the site to provide service to the adjacent property. A drainage basin study shall be provided with the sanitary sewer plan to ensure that upstream properties are served from the public sanitary sewer system. STORM DRAINAGE: The topography of this site falls to the west toward SW Hall Boulevard. The applicant proposes to collect the storm water from the project and discharge into the storm system in SW Hall Boulevard. The applicant's engineer has determined that the additional storm water runoff from this project will only be 0.18 cfs, which apparently, is within an acceptable range according to ODOT standards, and can be discharged into their ROW without detention. The applicant will need to obtain an approval for their storm system connection prior to issuance of the City public improvement construction permit. 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. However, the USA standards include provisions in Section 3.11 .5 (d), which allow for the payment of a fee in-lieu of constructing a facility. One of the provisions relates to sites that are small and the location of a facility would preclude effective development of the site. In this situation, the site is very small and will only yield five (5) lots. In order to accommodate a water quality facility, the applicant would likely lose one (1) of the lots, which would severely impact the project. In cases like these, the City has recommended the fee in-lieu. The fee in-lieu, is therefore, recommended for this project. 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. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97.04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 15 OF 17 EXISTING OVERHEAD UTILI LINES: There are existing overhead utility lines on SW Hall Boulevard. 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. SECTION V. OTHER STAFF COMMENTS The City of Tigard Police Department has reviewed this proposal and has offered the following comments: Although not a requirement for "private streets" in Tigard, the need for security lighting is essential. Lighting standards typical of other public streets is recommended. Decorative lighting from individual residences often do not provide adequate illumination. House numbers need to be clearly identified, preferable illuminated. Second choice is high contrast, to be easily identifiable. The City of Tigard Building Division and the City of Tigard Maintenance Services Division have had the opportunity to review this application and have offered no comments or objections. SECTION VI. AGENCY COMMENTS The Oregon Department of Transportation has reviewed this proposal and has offered the following comments: ODOT requires the applicant to apply for an access permit to SW Hall Boulevard. As a condition of the permit, the applicant will be required to construct half-street improvements for a typical three (3) lane section on SW Hall Boulevard, including: seven (7) feet for a half left-turn median, 12 foot through lane, six (6)-foot bike lane, six (6)-foot sidewalk to ADA standards, and a six (6)-inch curb. A permit is required by ODOT to hook-up to the State drainage system. A permit is required by ODOT for all work in the ODOT right-of-way. For permit applications and information contact: Jane Estes, District 2A Permit Specialist at (503) 229-5002. 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. 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. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 16 OF 17 ODOT: An ODOT permit will be required for any work in SW Hall Boulevard. 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. SECTION VI. CONCLUSION The City of Tigard Planning Commission has APPROVED, subject to the conditions of approval contained within the staff report, SUB 97-0007/PDR 97-0005/ZON 97-0004. • IT IS FURTHER ORDERED THAT THE APPLICANT AND ALL PARTIES TO THESE . PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER. PASSED: This day of October, 1997 by the City of Tigard Planning Commission. (Signature box below) ›yl Nick Wilson, Planning Commission President I:\CURPLN\WILL\SUB_7-07.DFO MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 17 OF 17 I S. 11.. SPIN 1 rC'I, STII EJ T } 4 1 2900 l I t Z 0 1 I V) I\ . \ \\ \ . I I a I 0 PROPOSED B'CONCRETE WALK Z i /—1^1./CONCRETE CURB ANC' GUTTER Z MEE W W: Z J _ C'EC'IGATION TO 45.0' 1 FROM HALL BLVD. s c� 15'REAR YARp � Protected SETBACK rSo/Gr B/C9. Llne _ 184.42' _ N89'11'13'W . 3.62 44.86' 31.00' 31.00' i 31.00' 32.94' a/ 7 a ti I -, -I I I 1 ;, Q .� I fit 1 1 2 1 I 1 --_ - -- ---- _ _J x,485 S. "6a6 S.F. 6 S.F. "'6A6 5- .F. 1 �-- /9 S.F U 11 (L l` p /!, 1 J-- - O I NI 1 -- ► --- -- 1 i W IP mum ---25 - ''� ,� r� -1 I° V \I it w TRA12C9.1T2. rn ! ,a Private Street C 1 ri P ca _ � z 0 r 184.4 — 6 N89'11'19"W - 4.8•' i vi . r I SITE PLAN N CASE N( . SUB 911 MEYERS ESTATES PDR 97-5 EXHIBIT MAP SUBDIVISION ZON 97-4 ■ III 111 111- IIIM � Mt MAPLELEAF ST_ I [ m � li c � All■nag, ST OAK C T I a) / ---- -- 06K T r E -t _rr _ I I_ ai PINE ST _PINE ST - • - - - - ' _ _ -. 0 1 ----------------r_-_ -_a_____- - \ _ 1 II 03, _ I 1 - .IlET SR RUCE C gB 7� ST ._ - . __ VICAR -- > BIMA c w l mom 4,'.w Q i_ Ii j 0 r u .2 1 , A,,,, Q„ b. ______ .. , LJ. .0 i F- . iiii, 1----co 0 1 I as> 7, 9 1445 Ilk limmw I ` - - FLE •• I V PI - I N SUB 97-1/PDR 91-5/10H 97-4 ; - Vicinity Map 1 Note Map D&pale MEYERS ESTATES SUBDIVISION 1 • • • Agenda Item: 5.1 • Hearing Date: October 20, 1997 Time: 7:30 PM i .e k r. 3„ r � 1r"4C' ��` � ` 3. c '�"� '�' 44— f* r _;C�OF TIOARD s't lx¢ '4 4 �I 2�,�.F ,y� �4 p � � �- R 1111� 'ty Derx(apment , .�«" ' , . ,,� fir ! :� [Better Connnunity SECTION I: APPLICATION SUMMARY CASES: FILE NAME: MYERS ESTATES SUBDIVISION Subdivision SUB 97-0007 Planned Development PDR 97-0005 Zone Change ZON 97-0004 PROPOSAL: The Applicant Has Requested The Following Development Applications: 1 . Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2. Planned Development Review to allow lot sizes less than the minimum required by the zone; and 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. OWNER: Mary Myers APPLICANT: Brad Pihas 3406 NW Thatcher Road HMP Enterprises Forest Grove, OR 97116 22151 SW 55th Ave. Tualatin, OR 97062 COMP. PLAN DESIGNATION: Medium Density Residential; 8-12 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 12 Units Per Acre; R-12. LOCATION: 10860 SW Hall Boulevard; WCTM 1S135AD, Tax Lot 03000. The site is located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. APPLICABLE REVIEW Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, CRITERIA: 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. SECTION II: STAFF RECOMMENDATION The PlanningDirector's-Designee recommends that the Planning Commission find that the proposed SubSdivisionLwll not adversely affect the health, safety and welfare of the City. Therefore, sfaffrecommends;.APPROVAL, subject to the following recommended conditions of approval: STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97--0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 1 OF 18 ADITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. (Unless otherwise specified, the staff contact for all conditions is Brian Rager with the Engineering Department at 503-639-4171.) 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. The applicant shall construct half-street improvements along the frontage of SW Hall Boulevard to meet the Oregon Department of Transportation (ODOT) standards. The improvements adjacent to this site shall include: A. ODOT standard pavement section from curb to centerline equal to 25 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 and gutter; D. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; E. eight (8)-foot concrete sidewalk, per City standard; 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); street signs; J. driveway apron for private street; and K. adjustments in vertical and/or horizontal alignment to construct SW Hall Boulevard in a safe manner, as approved by ODOT. 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way (ROW). A copy of the permit shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. Agency Contact: Jane Estes, District 2A Permit Specialist at 503-229-5002. 5. Additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation Highway Division along the frontage of SW Hall Boulevard to increase the right-of-way to 45 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97--0007/POR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 2 OF 18 ' has been submitte. the State shall be provided the City Engineering • Department. (For additional information, contact Myron Melick: Oregon Department of Transportation Right-of-Way Section, 7165 SW Fir Loop, Tigard, Oregon 97223. Phone: 503-684-1510). 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 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. 9. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's public improvement permit. 10. The applicant shall submit a drainage basin map with the sanitary sewer plan to ensure that all adjacent upstream properties can be served from the public sanitary sewer system. 11 . The applicant shall obtain approval from ODOT with regard to the proposed storm drainage connection in SW Hall Boulevard. 12. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square foot of hard surface is assessed to each individual lot. Payment of the fee can be split into two parts: 1) the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat, 2) the portion assessed to each lot ($210/lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalks in order for the fee under "1)" above to be calculated. 13. 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." 14. The applicant shall either place the existing overhead utility lines along SW Hall Boulevard 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. STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97--0007113DR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 3 OF 18 . • 15. Revised site and lat gaping plans shall be submitted ft. eview by the Planning Division. Staff Contact: Will D'Andrea. The revised plans shall include the following: A. impervious surface/landscaping calculations that demonstrate that a minimum of 20% of the site is landscaped; B. 25-foot access width required to accommodate a 20-foot paved driveway; C. minimum 25-foot frontage required for lot 5; and D. tree mitigation of 30 caliper inches in accordance with Community Development Code Section 18.150.070.D. This mitigation is in addition to the required street trees. A revised plan that more clearly identifies the large cluster of trees along the north property line, as well as adjacent to the concrete slab, and their potential impact on the mitigation plan. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED`' (Unless otherwise noted, the staff contact shall be Brian Rager with the Engineering Department at 503-639-4171.) 16. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision plat. 17. 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. 18. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) mylars, and 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable. Note: if the public improvement drawings were hand-drawn, then a diskette is not required. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITION SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be William D'Andrea with the Planning Division at 503-639-4171.) 19. All site improvements installed per the approved plans. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: STAFF REPORT TO THE PLANNING COMMISSION 10/20197 PUBLIC HEARING SUB 97--0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 4 OF 18 ' 18.160.170 Improvement .!ement: 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. 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. STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97-0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 5 OF 18 18.162.080 Final Plat Appl ion 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. 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. STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97-0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 6 OF 18 Such guarantee shall be sec. ..d by cash deposit or bond in the unt 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: No development applications were found to have been filed with the City. Vicinity Information: Adjoining properties are zoned R-12 (Residential, 12 units per acre) and are developed with single-family residential structures and a church. Site Information and Proposal Description: The .46 acre property is currently vacant and is overgrown with grasses and assorted tree clusters. There is a concrete pad approximately in the middle of the property (the remains of a single-family residence) and a small wooden shed on the property. The property slopes southwesterly from an elevation of approximately 184, to an elevation of approximately 179. STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97--0007/PDR 97-00052ON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 7 OF 18 The applicant is proposing 1. following land use development al .rations: 1 . Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2. Planned Development Review to allow lot sizes less than the minimum required by the zone; and 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant's narrative states that the applicant will provide a half street improvement along SW Hall Boulevard and that the design of the subdivision concurs with the requirement for dedication of public right-of-way and depicts a 25-foot-wide half street improvement. 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 $179.00. The total TIF for an attached, single-family dwelling is $1 ,790. The applicant has proposed to construct half street improvements on SW Hall Boulevard. The Engineering Department has estimated the cost of half street improvements to be approximately $200.00 per lineal foot. This conservative estimate was determined from current bid tabulations. Assuming a cost of $200.00 per lineal foot, it is estimated that the total cost of the half street improvements to SW Hall Boulevard is $22,000.00 (110 ft. x $200). Based on past City purchases of residential property for street ROW, residential property is assessed at $2.00 per square foot. The applicant is being required to dedicate an additional 2,038 square feet of right-of-way along SW Hall Boulevard. Assuming a cost of $2.00 per square foot, it is estimated that the total cost of the dedication is $4,076.00 (2,038 sq.ft. x $2). The total cost for dedication and improvements is a total of $26,076. STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97-0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 8 OF 18 • Upon completion of this de.. pment, the future builders of the r Aences will be required to pay TIF's of approximately $8,950.00 ($1 ,790 x 5 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 $27,968.00 ($8,950 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $8,950.00, the unmitigated impact can be valued at $19,018. The total estimated cost of the dedication and half street improvements is approximately $26,076. Given the estimated unmitigated impact of approximately $19,018.00, the difference in the conditioned items and the unmitigated impact is approximately $7,058. The rough proportionality test means that the conditions imposed must be "roughly proportional" to the impacts associated with a development. The test does not require a precise mathematical calculation. The test does not require a "dollar for dollar" exchange of conditions for impacts, nor does it require that the impacts outweigh or have a higher estimated value than the conditions imposed. The estimated costs (in this case, the street dedication and improvements) required of the applicant may be greater in estimated value than the value of the unmitigated impact. The rough proportionality test decided by the Supreme Court related to the cost of dedications, not improvements. Although the requirements imposed have a slightly higher estimated value than the unmitigated impact, the City finds that the conditions meet the rough proportionality test. For safety considerations improvements should match those on adjacent properties, for instance, the applicant's having a narrower improved right-of-way would create a potential traffic hazard. In addition, as a State Highway, ODOT requires the improvement as a condition of its access permit. Dimensional Requirements: Section 18.54 states that the minimum lot area for each single-family lot in the R-12 zoning district is 3,050 square feet and there is no minimum lot width requirement. The maximum lot coverage shall be 80% including all buildings an impervious surfaces and the minimum landscape requirement shall be 20%. Although the applicant is proposing lots ranging between 2,696 and 3,719 square feet, this section is satisfied as the applicant is creating this subdivision through a Planned Development. The provisions of the Planned Development Section 18.80, allows the creation of lots which are less than the minimum required by the underlying zone provided that the density provisions are not exceeded. The applicant has not provided impervious surface/landscape calculations. A revised plan shall be submitted that provides the impervious surface/landscape area to be in compliance with this standard. Development Standards: Section 18.54.050 contains standards for the R-12 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 3,050 Square Feet* Average lot width No Minimum Front setback 15 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 10 Feet Rear setback 15 Feet Maximum building height 35 Feet STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97-0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 9 OF 18 Compliance with setbacks be reviewed during the building rmit review process. However, as indicated on the site plan, these lots can accommodate the required setbacks. * Because the project is being reviewed under Planned Development standards, the minimum lot size, average lot width, and lot depth standards do not apply to this development. Section 18.88.010 (Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the protected solar building line option if: 1) a protected solar building line is designated on the plat or in documents recorded with the plat; 2) the protected solar building line is oriented within 30 degrees of a true east-west axis; 3) there is at least 70 feet between the protected solar building line and the middle of the north-south dimension of the lot tot he south, measured along a line perpendicular to the protected solar building line; and 4) there is at least 45 feet between the protected solar building line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least 80% of their ground floor wall will not be shaded by structures or non- exempt vegetation. The applicant is proposing to provide the protected solar building line. As indicated on the plans, the lots comply with the criteria, thereby, satisfying this requirement. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area of the site is approximately 20,284 square feet. The net developable area of the site (after deduction of 2,955 square feet for a private street and 2,038 square feet for public right-of-way) is approximately 15,291 square feet. With a minimum of 3,050 square feet per lot, this site yields an opportunity for up to five (5) lots under the R-12 zoning designation. The applicant is proposing five (5) lots. The proposal is, therefore, in compliance with density calculations. Planned Development: Section 18.80 encourages development that recognizes the relationship between buildings, their use, open space, and accessways and thereby maximizes the opportunities for innovative and diversified living environments, while implementing the density range provided through the Comprehensive Plan. Section 18.80.080 states that the minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.92. Section 18.80.120(A) (Planned Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of other Community Development Code Chapters. The applicable criteria in this case are Chapters 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.160, 18.150, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.96 (Additional Yard Setback Requirements), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.80.120.A.2. These Chapters are therefore found to be inapplicable as STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBUC HEARING SUB 97--0007/PDR 97-000520N 97-0004 - MYERS ESTATES SUBDIVISION PAGE 10 OF 18 approval standards. Code ction 18.80.120.A.3 provides oth, Tanned Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.80.120.A.3.e (Shared Outdoor Recreation Areas: Residential Use), 18.80.120.A.3.c (Privacy and noise), or 18.80.120.A.3.d (Private Outdoor Area) and are, therefore, found to be inapplicable as approval standards as these criteria have been applied only to multi-family development. Relationship to the natural and physical environment: Section 18.80.120.A.3.(a) states that the streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible and that trees with a six inch caliper measured at four feet in height from ground level shall be saved where possible. The proposed lots and private streets will require minimal grading thereby, preserving the existing topography and natural drainage. Given the size of the property and proposed improvements, all of the existing trees will be removed. In accordance with Section 18.150, trees greater than 12-inch caliper will be mitigated. The proposed plan also includes new landscaping and street trees, in compliance with this criteria. Buffering, screening, and compatibility between adjoining uses: Section 18.80.120.A.3.b states that buffering shall be provided between different types of land uses. It also states that in addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.100: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. The proposed single-family residential lots are compatible with adjoining properties and uses. A buffer area is not required by the Buffer Matrix Section 18.100.130, as a use that requires buffering and screening. Since the use is compatible, this requirement is satisified and no buffering shall be required. Access and circulation: Section 18.80.120.A.3.f states that the number of allowed access points for a development shall be provided in Chapter 18.108, all circulation patterns within a development must be designed to accommodate emergency vehicles, and provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. As discussed in Section 18.108.070.A (Access), the proposed private street will satisfy the access standards. The proposed design and length of the private street meets recommended emergency vehicle standards. 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; STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97-0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 11 OF 18 • 2. ' Medium sized trees ., feet to 40 feet tall, 16 feet to eet 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 preliminary plan shows the provision of trees along SW Hall Boulevard, spaced approximately 20 feet apart, satisfying 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. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway and then connecting these two 30-foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. As indicated on the site plan, this criteria is satisfied. Parking: Section 18.106.030.(A ) states that each lot is required to provide 2 off-street parking spaces. Each parcel provides 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. As indicated on the site plan, each lot will provide a minimum 10-foot-wide driveway. The plan shows that a 20-foot "Tract A" has been provided to serve as a private street. The 20-foot width is adequate to provide the minimum 20-foot pavement requirement, however, the 25-foot access width has not been provided. A revised site plan shall be submitted that provides the 25-foot access width required to accommodate a 20-foot paved driveway, thereby, satisfying this requirement. Emergency vehicle turnaround: Section 18.108.O70.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 and length 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 sh, II be provided with a subdivision application. The tree plan shall include identification of all existing trees, STAFF REPORT TO THE PLANNING C )MMISSION 10/20/97 PUBLIC HEARING SUB 97-0007/PDR 97-0005/ZON 97-000.4 • MYERS ESTATES SUBDIVISION PAGE 12 OF 18 ' identification of a prograt . save existing trees or mitigat •ee 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 plan indicates that there are a total of two (2) trees greater than 12-inch caliper on the site. The proposed plan will be removing both of the trees that are greater than 12-inch caliper, for a total of 30 caliper inches. The applicant is retaining less than 25% of existing trees over 12 inches in caliper and, is thus, required to provide a mitigation program of no net loss of trees according to Section 18.150.025.B.2.a and Section 18.150.070.D. The applicant shall, therefore, prepare a plan detailing the mitigation of 30 caliper inches. This mitigation is in addition to the required street trees. Upon a site visit, it appeared that the existing conditions plan did not identify all the trees on the site. There appears to be a large cluster of trees along the north property line, as well as, adjacent to the concrete slab. It is not clear whether these trees will impact the required mitigation calculation. A revised plan shall be submitted that more clearly identifies these clusters of trees and their potential impact on the mitigation plan. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. The proposed subdivision complies with the Comprehensive Plan Map's Medium Density Residential opportunity for th• site, as well as with the applicable policies and regulations of the R-12 zone and other applicable ordinances and regulations. 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The proposed name of the subdivision "Myers Estates" is not duplicative of any other plat recorded in Washington County, in compliance with this criteria. 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. The site does not abut properties with approved plats that would require conformity or connectivity. Therefore, this criteria is not applicable. 4. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements including the provision for public services such as sewer, water, drainage, and street improvements. 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 Hall Boulevard is classified as an Arterial. The applicant has been conditioned to STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97-0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 13OF 18 construct half street improve its to Arterial standards. The prop d private street will be designed in accordance with City 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 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. Given the existing development pattern of surrounding properties, it is not necessary, nor possible, to extend the proposed 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 street that abuts the property which would require extending to provide through circulation. Cul-de-sacs: Section 18.164.030(K) requires that a cul-de-sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. The proposed private driveway is approximately 150 feet in length, well under the maximum cul-de-sac length requirement. The proposed private street will accommodate five (5) dwelling units, well under the maximum 20 dwelling units allowed. The private street, therefore, complies with this standard. 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 private street design satisfies City standards. The proposed lots will be served by a 20-foot-wide paved accessway, in accordance with access standards in Section 18.1O8.O70.A. The accessway will allow for a 20-foot unobstructed driving surface, consistent with Fire District requirements. Therefore, the proposed private street satisfies this section. The applicant has also been conditioned to provide for a bonded maintenance agreement or a homeowners' association for maintenance of the street. 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. STAFF REPORT TO THE PLAN.NING COMMISSION 10/20/97 PUBLIC HEARING SUB 97--0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 14 OF 18 Block Sizes: Section 18.', .040(B)(1) states that the perime 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. This criteria is not applicable as the site is constrained from meeting the specified block perimeter due to existing development patterns. 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. Given the existing development pattern of surrounding properties, it is not necessary nor possible, to provide for pedestrian connections. 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. This criteria is satisfied as Section 18.80.080 states that the minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.92 and the proposed lots are less the 1 .5 times the minimum lot size of the zone. 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 1-4 comply with this standard. The plan shows that lot 5 has 23 feet of frontage on the private street. A condition has been imposed requiring the provision of a 25-foot access easement. The provision of this 25-foot easement will provide the minimum 25-foot frontage required, and thus, comply with this standard. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. As indicated on the site plan, a sidewalk is being provided along SW Hall Boulevard, thereby, satisfying this standard. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW Hall Boulevard, which is classified as an arterial street and is under ODOT jurisdiction. The current right-of-way (ROW) width is approximately 30 feet from centerline. The ultimate ROW required on this roadway is 45 feet from centerline. The applicant has agreed to dedicate additional ROW to provide 45 feet from centerline. Hall Boulevard is not fully improved adjacent to this site. ODOT comments received indicate that they will require the applicant to construct a half-street improvement in order STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97-0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 15 OF 18 ' to mitigate the additional tr. .,c impact from this development. .ie required pavement • widening will provide a total of 25 feet from curb to centerline. The applicant will need to obtain ODOT's approval and permit prior to issuance of the City construction permit for the public improvements. In addition, ODOT will require the applicant to apply for an access permit. This also shall be completed prior to issuance of the City construction permit for the public improvements. The plan proposes that all of the lots within this subdivision will be served from a private street. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Since this development will only contain five lots, the TMC provision 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. WATER: This site is within the Tualatin Valley Water District (TVWD) service area. Any connections to, or extensions of, the public water line shall be reviewed and permitted by TVWD. SANITARY SEWER: There is an existing 8-inch public sanitary sewer line in SW Hall Boulevard that can adequately serve this site. The applicant will construct a new public sanitary sewer line within the new private street to serve the new lots. The applicant will need to assess the need for this new sewer line to be extended to the east boundary of the site to provide service to the adjacent property. A drainage basin study shall be provided with the sanitary sewer plan to ensure that upstream properties are served from the public sanitary sewer system. STORM DRAINAGE: The topography of this site falls to the west toward SW Hall Boulevard. The applicant proposes to collect the storm water from the project and discharge into the storm system in SW Hall Boulevard. The applicant's engineer has determined that the additional storm water runoff from this project will only be 0.18 cfs, which apparently is within an acceptable range according to ODOT standards, and can be discharged into their ROW without detention. The applicant will need to obtain an approval for their storm system connection prior to issuance of the City public improvement construction permit. 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. However, the USA standards include provisions in Section 3.11 .5 (d), which allow for the payment of a fee in-lieu of constructing a facility. One of the STAFF REPORT TO THE PLANNING COMMISSION 10/2G97 PUBLIC HEARING SUB 97-0007/PDR 97-0005/ZON 97.0004 - MYERS ESTATES SUBDIVISION PAGE 16 OF 18 provisions relates to sites at are small and the location of .acility would preclude effective development of the site. In this situation, the site is very small and will only yield five lots. In order to accommodate a water quality facility, the applicant would likely lose one of the lots, which would severely impact the project. In cases like these, the City has recommended the fee in-lieu. The fee in-lieu is therefore recommended for this project. 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. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines on SW Hall Boulevard. 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. SECTION V: OTHER STAFF COMMENTS The City of Tigard Police Department has reviewed this proposal and has offered the following comments: Although not a requirement for "private streets" in Tigard, the need for security lighting is essential. Lighting standards typical of other public streets is recommended. Decorative lighting from individual residences often do not provide adequate illumination. House numbers need to be clearly identified - preferable illuminated. Second choice is high contrast, in to be easily identifiable. The City of Tigard Building Division and the City of Tigard Maintenance Services Division have had the opportunity to review this application and have offered no comments or objections. SECTION VI AGENCY COMMENTS The Oregon Department of Transportation has reviewed this proposal and has offered the following comments: ODOT requires the applicant to apply for an access permit to SW Hall Boulevard. As a condition of the permit, the applicant will be required to construct half street improvements for a typical 3 lane section on SW Hall Boulevard, including: 7 feet for a half left turn median, 12 foot through lane, 6 foot bike lane, 6 foot sidewalk to ADA standards, and a 6-inch curb. A permit is required by ODOT to hook up to the State drainage system. A permit is required by ODOT for all work in the ODOT right-of-way. For permit applications and information contact: Jane Estes, District 2A Permit Specialist at 503-229-5002. STAFF REPORT TO THE PLANNING COMMISSION 10120/97 PUBLIC HEARING SUB 97--0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 17 OF 18 The Unified Sewerage Ac,_.icy has reviewed this proposa_ _,nd 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. 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. ODOT: An ODOT permit will be required for any work in SW Hall Boulevard. 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. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED TO THE CITY OF TIGARD WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. �E'<<.z-, October 8, 1997 PREPARED BY: William D'Andrea DATE Associate Planner/AICP i/77 �( I�e October 8, 1997 APPROVED BY: Richard Bewersdorff DATE Planning Manager is\curpin\wil I\sub97-07.dec STAFF REPORT TO THE PLANNING COMMISSION 10/20/97 PUBLIC HEARING SUB 97--0007/PDR 97-0005/ZON 97-0004 - MYERS ESTATES SUBDIVISION PAGE 18 OF 18 \---. - lirS. W. SPR[( '1; STREET 1 . _ . . . .... . . _.. 7 Z I O l' `\.. Q I — I `� I I CD Z FQCPOSED 8'CONCRETE WALK W/CONCRETE GC RB AND G-J'TER Z z l i I DEDICATION TO 45.0' I Z J J � -FROM HALL. BLVD. ¢ 15' REAR YARD Q Protected sETBACIG I J ►l / — [Protected Bldg. 184.42' — N89'1 1'13-W a. ' Llne •i . :3.62 44.85' 31.00' 31.00' 31.00' 32.94' ❑ cc i .1 ` I I I i Q I C4 -1 r 0 2 3 4 I 5 � -` fil I I I 't � � 3,485 5.- 66 5.F. .EAE 4.r ..,6Q6 3.r _ 7r4 .F h LL. , 3 . f 1 v1 I �' 1� r ?' IO I a t i • r., I D I 0 O L25 . AMR , . x 1 129.12 / ``� TRACT 'A" o P �" Pr/vcte Street ca 1 _ _ _t2�. z' _ _ 34.6 1 O 184.42' N8911'19'W 1 o in 1 ! 1 CASE NQ SUB 97-7 A SITE PLAN N pDR 97-5 1 1 EXHIBIT MAP MEYERS ESTATES ZON 97-4 SUBDIVISION 1 . !; 1 /_ I I II 11 ((ArELEAF ST ) _ ii m N - 4Ej ST I/ _ I OAK 9. oAK sr a) 1 E W _i_1 - I --r- , I (Lel PINE ST _PINE 1 , ST _ (1) --___.__---1— \ --\. — - C ST I 0) —____ .IF li B 71a SPRUCE ST C l w�AR – > gar _____ al i , . —glib. , co , au IC . 't' ithil■ fl- i co ! TFVE h 1 1, 11111E11111.61 ai MO ilk I k —____--- 1111 l U - il 7 .. lk -—______——— I CC 9 4-C-5 Ill " -j 711 IlkibfrAn [ , .: LE -• , 1 ma IIII 1111101111111 NEIL Vicinity Map N SUB 97-7/POR 97-5/ION 97-4 Note Map m not to ccale MEYERS ESTATES SUBDIVISION 0, '-\\ CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes October 20, 1997 1. CALL TO ORDER President Wilson called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present President Wilson; Commissioners Anderson, Collson, DeFrang, Griffith, and Scolar Commissioners Absent: Commissioners Holland, Neff, and Padgett Staff Present: Jim Hendryx, Director of Community Development; Dick Bewersdorff, Planning Manager; Will D'Andrea, Associate Planner; Laurie Nicholson, Associate Planner; Brian Rager, Development Review Engineer; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS The Commissioners were informed of the death of Doug Saxton, former Planning Commissioner. 4. APPROVE MEETING MINUTES Commissioner Griffith moved and Commissioner DeFrang seconded a motion to approve the August 25, 1997, meeting minutes as submitted. A voice vote was taken and the motion passed by a 5-0 vote. Commissioner Collson abstained. Commissioner Griffith moved and Commissioner Scolar seconded a motion to approve the September 15, 1997, meeting minutes as submitted. A voice vote was taken and the motion passed by a 4-0 vote. Commissioners DeFrang and Wilson abstained. Commissioner Scolar moved and Commissioner DeFrang seconded a motion to approve the September 22, 1997, meeting minutes as submitted. A voice vote was taken and the motion passed by a 3-0 vote. Commissioners Anderson, Collson, and Griffith abstained. 5. PUBLIC HEARINGS PLANNING COMMISSION MEETING MINUTES- October 20, 1997-Page 1 5.1 COMPREHENSIVE PLAN AMENDMENT (CPA) 97-0001/ZONE ORDINANCE AMENDMENT (ZOA) 97-0004 QUASI-JUDICIAL COMPREHENSIVE PLAN MAP AMENDMENT REVIEW CRITERIA CONTINUED FROM SEPTEMBER 22, 1997 Associate Planner Laurie Nicholson advised that she had revised the language as the Planning Commission had requested at the September 22nd meeting. She reviewed the new language with the Commissioners. Commissioner Griffith asked about the term "community need" and who defines it. Nicholson answered that the City defines community need; basically, the change would have to benefit more than just one person. She said the applicant would have to demonstrate the need and City Council would make the final decision. The Commissioners thought the term "community need" was a broad term and may be difficult to determine. Planning Manager Dick Bewersdorff advised that the Commissioners could add or subtract items in their recommendation to Council. Commissioner Griffith moved to forward a recommendation of approval to City Council for CPA 97-00012OA 97-0004. Commissioner Collson seconded the motion. A voice vote was taken and the motion passed unanimously. 5.2 APPEAL OF A DIRECTOR'S INTERPRETATION DEFINING LOGGING AS DEVELOPMENT STAFF REPORT rsrfdeerii f fi g�• Director of Community Development Jim Hendryx reviewed the staff report on behalf of the City. He noted that section 18.120.020 of the Development Code states that site development review is applicable for all new development and major modifications to existing developments. He said the Code also lists certain uses which are exempt from site development review and logging is not one of the listed exemptions. Hendryx said it is his interpretation that logging would result in a material change in the land and would, therefore, be subject to site development review. He noted that this does not preclude them from logging, it just tells them what process they have to go through in order to remove the trees. He said the lot is a registered wood lot and is exempt from the tree mitigation provisions of the Development Code. He advised that there about 3000 trees on the site. Commissioners DeFrang and Anderson said they interpreted the words "making a material change in the land" as modifying the previous words "a building or PLANNING COMMISSION MEETING MINUTES- October 20, 1997-Page 2 mining operation" in the definition of development. They believe that, because there is not an "or" after the word "operation", the rest of sentence modifies the beginning of the sentence. President Wilson asked that if the end result will be the same, why is the process a major issue. Hendryx answered that the site development review process sets up procedures for administrative review of drainage and erosion issues, as well as access for equipment. Commissioner Griffith asked if this process would include Christmas tree farms - do they have to go through SDR every year. He believes that cutting trees is like harvesting a crop. Hendryx answered that it would be a judgement call if it materially changed the appearance of the land. Dick Bewersdorff advised that there will be a subdivision on this site later, but they are not required to go through mitigation ahead of time because it is a registered wood lot. President Wilson asked about regulations in other jurisdictions. Hendryx answered that in one jurisdiction to the north of us, a similar procedure is required for review. Wilson wondered if we have the expertise in the City to deal with the impacts of a logging operation. Hendryx said that if the logging did not require a site development review, the City could only deal with water quality. APPELLANT'S PRESENTATION Verlene Erickson, 1230 N. Grant, Canby, OR 97013, testified that she is an owner of the property. She gave a history of the farm and said the delay in being able to log was hurting them. Becklyn Conry, 528 N. Locust, Canby, OR 97013, testified that she was the daughter of the owners. She said her parents had always properly harvested crops from the Christmas tree farm. She advised that they had cut trees in the past and had never been hindered until now. She said the delay is causing added stress and a financial hardship to her parents. Janna Yoder, 399 NE 3rd, Canby, OR 97013, testified that she is the granddaughter of the owners. She urged the Commission to let her grandparents log their property. Dan Green, Woodland Management, 5285 SW Meadows #468, Lake Oswego, OR 97035 provided the Commission with a letter (Exhibit "A"). He talked about the issues listed in the letter. He advised that this property has been logged in the past and argued that logging was the same as altering vegetation, which is not development. PLANNING COMMISSION MEETING MINUTES- October 20, 1997-Page 3 Green advised that he has submitted an erosion plan to the city; they have a drainage plan and a traffic control plan. Using an aerial view of the property, he showed the Commissioners what portions of the property are native growth and what portions are the old Christmas tree farm. Commissioner Collson asked what we gain by going through the SDR process as opposed to just logging the property. Hendryx answered that the City cannot review the erosion control plan unless the SDR is required. Hendryx advised that Unified Sewerage Agency reviews the water quality plan. President Wilson asked if roads would be constructed for the logging and, if so, does road construction require site development review. Green answered that there were options to access city roads and that there was an existing road through the property. He said they might build a new entry road if they go through site development review. Commissioner Anderson asked if the erosion plan that had been submitted included graveling of the roads. Green answered that he did not believe so. President Wilson asked when the last time the property was logged. Green answered that it was approximately 5 - 6 years ago. Wilson asked if the code language was the same back then. Dick Bewersdorff answered yes. Hendryx clarified that if only a site permit was issued by the City, excluding SDR review, we would only look at water quality. He said that if there was an SDR review, the City would look at erosion and drainage. Erosion would be issued by the City in coordination with USA. He said a temporary road would not be an issue for us, because it is temporary in nature. They would still need an access permit from Engineering. Dick Bewersdorff read from the code regarding temporary uses. He noted that logging does not apply. Darren Mahr, Woodland Management, 5285 SW Meadow, Suite 468, Lake Oswego, OR 97035 echoed Mr. Green's testimony. He remarked that removal of Christmas trees and lawn mowing also make material changes in the appearance of the land, but these items do not qualify as development. Commissioner Anderson noted that one of the biggest problems in a project like this is road traffic, which causes some of the greatest run-off. Commissioner Collson asked if the erosion control plan and the water quality process would differ regardless of going through a site development review. PLANNING COMMISSION MEETING MINUTES- October 20, 1997-Page 4 Keith Jehnke, AKS Engineering, 18961 SW 84th Ave., Tualatin, OR 97062, reported that he is a registered civil engineer and has put together an erosion control report, according to USA standards. He advised that in the City, an erosion control report is more similar to that of a development and requires a storm water report. He said storm water would be an issue due to downhill development. He said he submitted an analysis to the Engineering Department and will do whatever the City requests. PUBLIC TESTIMONY - IN FAVOR None PUBLIC TESTIMONY - IN OPPOSITION Duane Procrot (sp?), 15396 SW Mazama PI., Tigard, OR 97224, expressed concerns about run-off from the property. He favors the SDR process because it addresses both erosion and water quality. Nikki Malnati, 10529 SW Naeve St., Tigard, OR 97224, also expressed concerns about erosion. She supported the SDR process. PUBLIC HEARING CLOSED Commissioner Anderson said she interprets the code as listing building and mining as development and the rest of the sentence modifying the first part. She said she would not classify this type of activity as development, but did have concerns about erosion. Commissioner Scolar said he believes that logging would make a material change in the appearance of land and should go through site development review. Commissioner Griffith said he believes the definition lists 6 different items, but he was in a quandary. He said he appreciated the erosion issue and wanted to make sure control is adequate, but did not want to set a precedence that anything changing the appearance of the land would require a site development review. President Wilson said he also believes the definition is 6 different items and believes that logging will make a significant change in the appearance of the land. He remarked that this is a registered wood lot, which makes it agricultural land and farmers do not have to go thru SDR every time they harvest crops. He said he was persuaded by Mr. Green's argument and noted that this land has been logged in the past with a different interpretation of the code. He said run- off should be addressed. PLANNING COMMISSION MEETING MINUTES- October 20, 1997-Page 5 Commissioner DeFrang said she didn't like the way the code was written. She said the intent was not clear. She believes that "making a material change in the appearance of the land" modifies the two things that come before it (building or mining operation). She doesn't think there's anything in the City code that specifically addresses logging. She does not believe that logging qualifies as development. Commissioner Collson said he did not believe that logging on a registered wood lot is development and does not want to drag out the process any further. Based on testimony heard that logging does not meet the definition of "development" and discussion amongst the Commissioners that logging is not "a building or mining operation", Commissioner Collson moved to repeal the Director's interpretation and find in favor of appellant. Commissioner DeFrang seconded the motion. A voice vote was taken and the motion passed by a vote of 5-0. Commissioner Scolar abstained. After a break, the Commission reconvened and decided to take Agenda Item #5.4 out of order. 5.4 SUBDIVISION (SUB) 97-0005/PLANNED DEVELOPMENT (PDR) 97-0004/ ZONE CHANGE (ZON) 97-0003/ VARIANCE (VAR) 97-0008/ LOT LINE ADJUSTMENT (MIS) 97-0010/ SENSITIVE LANDS REVIEW (SLR) 97-0004 OLSON HEIGHTS SUBDIVISION Associate Planner Will D'Andrea advised that the applicant had requested a continuance to November 17, 1997. Dick Bewersdorff said he did not recommend extending the case without the applicant agreeing to a waiver of the 120 day rule. Bewersdorff said the application would be processed as quickly as possible, but he did not want to preclude the opportunity for an appeal. He noted that by asking for an extension, the applicant automatically extends the timeline for the continuance period. He was still concerned about having enough time to review changes and felt the City needed additional time. He said the Commission could put a limit on the extension. Dave Deharrport, 14985 SW Ruby St., Beaverton, OR 97007, testified that he was requesting more time to address City concerns about his application. He said he was aware of the additional time for the continuance, but he was not expecting the City to ask him to waive the 120 day rule. He disagreed with the request for extra time. After further discussion, Commissioner Griffith moved to continue the hearing to November 17th, with the premise that the applicant agree to an additional 30 days to the 120 day rule. Commissioner Collson seconded the motion. A voice PLANNING COMMISSION MEETING MINUTES- October 20, 1997-Page 6 vote was taken and the motion passed unanimously. Mr. Deharrport agreed (under duress) to the additional time requirement. 5.3 SUBDIVISION (SUB) 97-0007/PLANNED DEVELOPMENT REVIEW (PDR) 97- 0005/ ZONE CHANGE (ZON) 97-0004 MYERS ESTATES SUBDIVISION STAFF REPORT Associate Planner Will D'Andrea presented the staff report on behalf of the City. He advised that this was a 5 lot subdivision with a private street . He said the lot sizes would be less than the 3,050 square feet required by the R-12 zoning. He said that staff recommended approval based on the findings in the staff report. APPLICANTS PRESENTATION Vic Accomando, 523 NE 41st Ave., Hillsboro, OR 97124 asked for clarification on some of the items listed in the staff report. He asked about the off-site water main. He also noted that staff is requiring a 25' access width. He said this requirement would jeopardize his density - he may only be able to put in 4 lots. Dick Bewersdorff advised that the Planned Development allows for varied lot sizes, but the tract for access is not variable. He said an easement across the private lots may be adequate to gain the 25' total needed for access width. Accomando asked about the existing overhead utility lines. He said the existing lines were across the street from his development and were overhead lines. He said he did not believe it is the responsibility of a developer to underground or pay a fee for powerlines that are across the street from his development. Accomando had questions about off-site street lighting. He noted that his development would have 110' frontage on Hall Blvd. and lights tend to be spaced every 100 feet. He wondered if he would be required to put in a street light across the street from his development. Brian Rager pointed out that there was a condition for street lighting in the staff report. He said it was a standard policy to look at street lighting whenever half street improvements are required. He said the City looks at the entire street and where other street lights are located. Regarding the required 25' access width, Dick Bewersdorff advised that the applicant could either apply for a variance or have a 23' access plus a 2' easement. President Wilson suggested amending the condition to reflect the easement language. PUBLIC TESTIMONY No one signed up to testify on this proposal. PLANNING COMMISSION MEETING MINUTES- October 20, 1997-Page 7 PUBLIC HEARING CLOSED President Wilson asked about the undergrounding fees for utilities. Brian Rager advised that the fee in lieu was a tool used when lines are not going to be undergrounded. He said the policy does not differentiate on which side of the street the lines have to be located. He said the fee was established as a way to get an equitable payment from both sides of the street. He said the fee is applied to any development abutting a street where there are overhead lines, regardless of which side they are on. He advised that there is an account where the fees are collected and they can be used by the City in doing large undergrounding projects. He said all new lines installed as part of the development will go underground. Regarding street lights, President Wilson said it was unfortunate that all costs of a development can't be spelled out in advance, but as a practical matter, there are going to be some costs that can't be resolved at this level. He agreed that for a small development, the addition of a street light can have a significant impact. Commissioner Collson moved to approve SUB 97-0007/PDR 97-0005/ZON 97- 0004, subject to the conditions of approval, with the exception of changing condition #15B to a 23' tract with an additional 2' access easement. Commissioner Scolar seconded the motion. A voice vote was taken and the motion passed unanimously. 6. OTHER BUSINESS None 7. ADJOURNMENT The meeting adjourned at adjourned at 10:30 p.m. J2/ ti ,,-t - J-rree Gaynor, Planning Commission Secretary .0-4/1// ATTEST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES- October 20, 1997-Page 8 • - 414,- 40- 4Iik CITY OF TIGARD Community Development Shaping A Better Communiti{ PUBLIC HEARING NOTICE NOTICE IS HEREB\' GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY, OCTOBER 20. 1997 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 V HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): SUBDIVISION [SUB) 91-0001 PLANNED DEVELOPMENT REVIEW [PDRI 91-0005 ZONE CHANGE [10NI 97-0004 FILE TITLE: MYERS ESTATES SUBDIVISION APPLICANT: Mary Myers OWNER: HMP Enterprises (Brad Pihas) 3406 NW Thatcher Road 22151 SW 55th Avenue Forest Grove. OR 97116 Tualatin, OR 97062 REQUEST A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single-family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, 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 97.07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION NOTICE OF 10/20/97 PLANNING COMMISSION PUBLIC HEARING ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER SEPTEMBER 29. 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA, ASSOCIATE PLANNER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. NAPLELEA, iJ1ri _ .j• j1 111 MIME IN Li ■ . r1H11 .1■ PANE 7+ L!I 101 _ill: l r■� sPR ICE Sj RR{LCE s, AR 1B Eno M7RN S[ MHO a 7- • Ui •Unn• Im Min P2L MO PFAF!LE 77 SUB 97-07/POR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION NOTICE OF 10/20/97 PLANNING COMMISSION PUBLIC HEARING REQUEST FOR COMMENTS MEMORANDUM CITY OF TIGARD, OREGON DATE: October 6, 1997 TO: Will D'Andrea, Planning Division FROM: Brian Rager, Development Review Engineer RE: SUB 97-0007, Myers Estates Subdivision Description: This approval will allow the division of a 20,240 square foot parcel into five lots. The site is located at 10860 SW Hall Boulevard, which is on the east side of SW Hall Boulevard, north of SW Lucille Court, and south of SW Spruce Street (WCTM 1S1 35AD, Tax Lot 3000). Findings: 1. Streets: This site lies adjacent to SW Hall Boulevard, which is classified as an arterial street and is under ODOT jurisdiction. The current right-of-way (ROW) width is approximately 30 feet from centerline. The ultimate ROW required on this roadway is 45 feet from centerline. The applicant has agreed to dedicate additional ROW to provide 45 feet from centerline. Hall Boulevard is not fully improved adjacent to this site. ODOT comments received indicate that they will require the applicant to construct a half-street improvement in order to mitigate the additional traffic impact from this development. The required pavement widening will provide a total of 25 feet from curb to centerline. The applicant will need to obtain ODOT's approval and permit prior to issuance of the City construction permit for the public improvements. In addition, ODOT will require the applicant to apply for an access permit. This also shall be completed prior to issuance of the City construction permit for the public improvements. The plan proposes that all of the lots within this subdivision will be served from a private street. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Since this development will only contain five lots, the TMC provision is met. ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 1 18.164.030(S) also indicates that the applicant shall ensure the continued maintenance of private streets by establishing a homeowners association. It is recommended that the applicant place a statement on the face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street. These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. 2. Water: This site is within the Tualatin Valley Water District (TVWD) service area. Any connections to, or extensions of, the public water line shall be reviewed and permitted by TVWD. 3. Sanitary Sewer: There is an existing 8-inch public sanitary sewer line in SW Hall Boulevard that can adequately serve this site. The applicant will construct a new public sanitary sewer line within the new private street to serve the new lots. The applicant will need to assess the need for this new sewer line to be extended to the east boundary of the site to provide service to the adjacent property. A drainage basin study shall be provided with the sanitary sewer plan to ensure that upstream properties are served from the public sanitary sewer system. 4. Storm Drainage: The topography of this site falls to the west toward SW Hall Boulevard. The applicant proposes to collect the storm water from the project and discharge into the storm system in SW Hall Boulevard. The applicant's engineer has determined that the additional storm water runoff from this project will only be 0.18 cfs, which apparently is within an acceptable range according to ODOT standards, and can be discharged into their ROW without detention. The applicant will need to obtain an approval for their storm system connection prior to issuance of the City public improvement construction permit. ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 2 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. However, the USA standards include provisions in Section 3.11.5 (d), which allow for the payment of a fee in-lieu of constructing a facility. One of the provisions relates to sites that are small and the location of a facility would preclude effective development of the site. In this situation, the site is very small and will only yield five lots. In order to accommodate a water quality facility, the applicant would likely lose one of the lots, which would severely impact the project. In cases like these, the City has recommended the fee in-lieu. The fee in-lieu is therefore recommended for this project. 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. 7. Existing Overhead Utility Lines: There are existing overhead utility lines on SW Hall Boulevard. 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. ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 3 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. The applicant shall construct half-street improvements along the frontage of SW Hall Boulevard to meet ODOT standards. The improvements adjacent to this site shall include: a. ODOT standard pavement section from curb to centerline equal to 25 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 and gutter d. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff e. 8 foot concrete sidewalk, per City standard 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) street signs j. driveway apron for private street ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 4 k. adjustments in vertical and/or horizontal alignment to construct SW Hall Boulevard in a safe manner, as approved by ODOT. 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of . A copy of the permit shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. Contact Jane Estes, District 2A Permit Specialist, at 229-5002. 5. Additional right-of-way shall be conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, along the frontage of SW Hall Boulevard to increase the right-of-way to 45 feet from centerline. The description shall be tied to the existing right-of-way centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. (For additional information, contact Myron Melick; Oregon Department of Transportation, Right-of-Way Section, 7165 SW Fir Loop, Tigard, Oregon 97223, 684- 1510). 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 7. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street. The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 8. The pavement and rock section of the proposed private street shall meet the City's public street standard for a local residential street. 9. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's public improvement permit. 10. The applicant shall submit a drainage basin map with the sanitary sewer plan to ensure that all adjacent upstream properties can be served from the public sanitary sewer system. ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 5 11. The applicant shall obtain approval from ODOT with regard to the proposed storm drainage connection in SW Hall Boulevard. 12. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 sf of hard surface is assessed to each individual lot. Payment of the fee can be split into two parts: 1) the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat, 2) the portion assessed to each lot ($210/lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department (Brian Rager) with surface area calculations for the streets and sidewalk in order for the fee under "1)" above to be calculated. 13. 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. 14. The applicant shall either place the existing overhead utility lines along SW Hall Boulevard 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. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 15. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision plat. 16. 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. 17. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) mylars, and 2) a ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 6 diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable. Note: if the public improvement drawings were hand- drawn, then a diskette is not required. 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: 1. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: A. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and B. 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. 2. 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: 1. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: A. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; B. 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 C. Cash. 2. 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. ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 7 3. 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: 1. 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. 2. 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: 1. Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 2. 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. 3. Street centerline monumentation shall be provided as follows: A. Centerline Monumentation 1. 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. 2. The following centerline monuments shall be set: a. All centerline-centerline intersection points. b. All cul-de-sac center points. c. Curve points, beginning and ending points (PC's and PT's). 3. All centerline monuments shall be set during the first lift of pavement. B. Monument Boxes Required 1. Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 8 2. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street & Utility Improvement Standards: 1. 18.164.120 Utilities A. 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. 2. 18.164.130 Cash or Bond Required A. 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. B. 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. C. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 3. 18.164.150 Installation: Prerequisite/Permit Fee A. 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. 4. 18.164.180 Notice to City Required A. Work shall not begin until the City has been notified in advance. B. If work is discontinued for any reason, it shall not be resumed until the City is notified. ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 9 5. 18.164.200 Engineer's Certification Required A. 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. is\eng\brianr\comments\sub97-07.bdr ENGINEERING COMMENTS SUB 97-0007 Myers Estates Subdivision PAGE 10 Oregon September 23, 1997 DEPARTMENT OF City of Tigard TRANSPORTATION Planning Department 13125 SW Hall Boulevard Region 1 Tigard, OR 97223 Att: William D'Andrea FILE CODE: Re: SUB 97-0007 Myers Estates Subdivision PLA9-2A-TIG-141 Thank you for providing ODOT the opportunity to comment on the above referenced proposed development. The subject property is adjacent to Hall Boulevard. According to the Oregon Highway Plan, Hall Boulevard has a District level of importance and we have an interest in ensuring that land uses do not negatively impact the safe and efficient use of this facility. We have reviewed the information provided with the application and have the following comments: • ODOT requires the Applicant to apply for an access permit to Hall Blvd. As a condition of the permit, the Applicant will be required to construct half street improvements for a typical 3 lane section on Hall Blvd. including: 7' for a half left turn median, 12' through lane, 6' bike lane, 6' sidewalk to ADA standards, and a 6" curb. • A permit is required by ODOT to hook up to the State drainage system. • A permit is required by ODOT for all work in the ODOT right of way. • For permit applications and information contact Jane Estes, District 2A Permit Specialist, at 229-5002. If you have any questions regarding the above comments, I can be reached at 731-8258. Please forward a copy of the Decision and Conditions of Approval for this case. — b14L iF I I Marah Danielson, Planner Development Review cc: Martin Jensvold, Sonya Kazen, ODOT Region 1 of Jane Estes, Bob Schmidt, ODOT District 2A : �. ►`. 123 NW Flanders Portland,OR 97209-4037 (503) 731-8200 Form 734-1850(11/94) FAX (503) 731-8259 REQUEST FOR COMMENTS C.OF 1GARD RECEIVED PLANNING Community Development Shaping A Better Community DATE: September 12,1997 SEP 2 6 1997 CPOFTIGARD j SEP 15 199/ TO: Julia Huffman,USA/SWM Program FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea text 315 Phone:(5031639-4171 Fax:(5031684-7297 RE: SUBDIVISION [SUB)91-0007/PLANNED DEVELOPMENT REVIEW[PDRI 91-0005/ZONE CHANGE[ZONI 97-0004 MYERS ESTATES SUBDIVISION A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,240 square foot parcel into five (5) lots ranging between 2,700 square feet to 4,180 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. APPLICABLE REVIEW CRITERIA: ORS 197; and Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 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, September 22,1991 You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. /-< Please refer to the enclosed letter. Written comments provided below: V \ l (Please provide the following information)Name of Person(sl Commenting: Phone Numberts): - SUB 97-07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION PROPOSAUREQUEST FOR COMMENTS UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM DATE: September 24, 1997 TO: William D'Andrea, City of Tigard FROM: Julia Huffman, USA -. ..,),.... SUBJECT: Myers Estates Subdivision, SUB 97-0007,PDR 97-0005,ZON 97-0004 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. ODOT An ODOT permit will be required for any work in Hall Blvd. 155 North First Avenue,Suite 270,MS 10 ✓ Phone:503/648-8621 Hillsboro,Oregon 97124 FAX:503/640-3525 REQUEST FOR COMMENTS CITY OF TIGARD Community'Development RECEIVED PLANNING Shaping Better Community DATE: September 12,1997 S E P 2 6 1997 TO: lane Estes,ODOT/Region 1-District 2A Permit SpectsIISCF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea text 315 Phone:[5031639-4171 Fax:15031684-1297 RE SUBDIVISION (SUB)97-0007/PLANNED DEVELOPMENT REVIEW[PORI 91-0005/ZONE CHANGE IZON)91-0004 r MYERS ESTATES SUBDIVISION A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,240 square foot parcel into five (5) lots ranging between 2,700 square feet to 4,180 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Charge to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. APPLICABLE REVIEW CRITERIA: ORS 197; and Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 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, September 22,1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. }4. Written comments provided below: r - • arc - _.6z77 i 4 A A . se, ��� (Please provide the folfinving information)Name of Personfsl Commenting: Ate ?.‘i, t I Phone Number(s): 9 -.c j SUB 97-07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION PROPOSAUREQUEST FOR COMMENTS 09/23/97 17:00 $5037318259 ODOT - REGION 1 001.001 aegon September 23, 1997 DEPARTMENT OF City of Tigard TRANSPORTATION Planning Department 13125 SW Hall Boulevard Region 1 Tigard, OR 97223 Att. William D'Andrea FILE CODE: Re: SUB 97-0007 Myers Estates Subdivision PLA9-2A-TIG-141 Thank you for providing ODOT the opportunity to comment on the above referenced proposed development. The subject property is adjacent to Hall Boulevard. According to the Oregon Highway Plan, Hall Boulevard has a District level of importance and we have an interest in ensuring that land uses do not negatively impact the safe and efficient use of this facility_ We have reviewed the information provided with the application and have the following comments: • ODOT requires the Applicant to apply for an access permit to Hall Blvd. As a condition of the permit, the Applicant will be required to construct half street improvements for a typical 3 lane section on Hall Blvd. including: 7' for a half left turn median, 12' through lane, 6' bike lane, 6' sidewalk to ADA standards, and a 6" curb- • A permit is required by ODOT to hook up to the State drainage system. • A permit is required by ODOT for all work in the ODOT right of way. • For permit applications and information contact Jane Estes, District 2A Permit Specialist, at 229-5002. if you have any questions regarding the above comments, I can be reached at 731-8258, Please forward a copy of the Decision and Conditions of Approval for this case. at/0k- I/f. , 1 - Marah Danielson, Planner Development Review cc: Martin Jensvold, Sonya Kazen, ODOT Region 1 .y Jane Estes, Bob Schmidt, ODOT District 2A \ _1 123 NW Flanders Portland, OR 97209-4037 (503) 731-8200 Form 734-1850(11/9,0 FAX (503) 731-8259 4+, REQUEST FOR COMMENTS C.OF TIGARD RECEIVED PLANNING Community Development Shaping A Better Community SEP 1 9 1997 DATE: September 12,1991 CITY OF TIGARD TO: Tigard Police Department Interim Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea(ext.315) Phone:15031639-4171 Fax:[5031684-7297 RE: SUBDIVISION (SUB)97-0007/PLANNED DEVELOPMENT REVIEW(PDR)97-0005/IONE CHANGE(IONI 91-0004 MYERS ESTATES SUBDIVISION �( A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,240 square foot parcel into five (5) lots ranging between 2,700 square feet to 4,180 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. APPLICABLE REVIEW CRITERIA: ORS 197; and Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 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,September 22,1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. .% Written comments provided below: Al 4\o a 4ec0(ev14N' c �� " P(`NIAe- \r ` 100) -140. 'eJ sec,iAky \;�� w i5 1,%el, �^4 YWA)Avd5 A co.1 of a1�w Qith �11tit N\ ��o�ad4 lc) d eco14\e.A.l rot Vt.Col M"JQ.. 1 ,5`6‘1' �(o�U A040∎6 0A 4tcv.kiionce 5 o rek w• cXo hat p(W.AS- 04(00 \Q i11‘)mvon.�kol1 . N/0■Si1- hWvA\QA" c U& \ak c.QGCy AAtAAN\c∎ec - 1e.fe4 ab Al\vrnivv eA SRCandi Ganack 19 (Please provide the following information)Name of Permits]Commenting: d t►r, Wmg fr-a & (Qi.J c,0--\A 1-T,t0 961,a t�. Phone Number's]: \p'2\ \\■ % x 210 I SUB 97-07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS C.OFTIiGARD Community Development RECEIVED PLANNING Shaping A Better Community DATE: September 12,1991 SEP 18 1997 TO: Brian Moore,PGE CITY OFTIGAR© FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea text 3.15 Phone:15031639-4171 Fax:[5031684-7297 RE: SUBDIVISION [SUB)91-0001/PLANNED DEVELOPMENT REVIEW[PDRI 91-0005/ZONE CHANGE[ION)91-0004 ➢ MYERS ESTATES SUBDIVISION < A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,240 square foot parcel into five (5) lots ranging between 2,700 square feet to 4,180 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. APPLICABLE REVIEW CRITERIA: ORS 197; and Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 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, September 22,1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V (Please provide the following information)Name of Person(s)Commenting: Q $ PhoneNumber[s): - SUB 97-07/PDR 97-05/ZON 97-04 MYERS ESTATErS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS 4610 REQUEST FOR COMMENTS C.OF TIICiARD Community Development Shaping 91 Better Community DATE: September 12,1991 RE:\tpE:P16:1197 TO: John Roy,Property Manager FROM: City of Tigard Planning Divisi �bNTACT: William D'Andrea text 315) Phone:(5031639-4171 Fax:(503)684-1297 RE: SUBDIVISION [SUM 97-0001/PLANNED DEVELOPMENT REVIEW[PDRI 91-0005/ZONE CHANGE[ZONI 91-0004 MYERS ESTATES SUBDIVISION A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,240 square foot parcel into five (5) lots ranging between 2,700 square feet to 4,180 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. APPLICABLE REVIEW CRITERIA: ORS 197; and Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 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,September 22,1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: U We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V (Please provide the fodowing information)Name of Person(s)Commenting: Phone Number(s): SUB 97-07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION PROPOSAUREOUEST FOR COMMENTS t* w�I REQUEST FOR COMMENTS Can F I'GARD Community Development Shaping Better Community DATE: September 12,1991 RECEIVED PLANNING TO: David Scott,Building Official SEP 16 1997 GAR FROM: City of Tigard Planning Division ctU OF SI STAD FF CONTACT: William D'Andrea text.3151 Phone:[503)639-4171 Fax:[5031 684-7297 RE: SUBDIVISION [SUM 91-0007/PLANNED DEVELOPMENT REVIEW IPDRI 97-0005/ZONE CHANGE(ZON]97-0004 ➢ MYERS ESTATES SUBDIVISION Q A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,240 square foot parcel into five (5) lots ranging between 2,700 square feet to 4,180 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. APPLICABLE REVIEW CRITERIA: ORS 197; and Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 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,September 22,1991. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: i We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V (Please provide the fo llowing information)Name of Personts)Commenting: S I Phone Number(s): x 31) SUB 97-07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION PROPOSAUREOUEST FOR COMMENTS ■ 09/22/97 MON 12: 15 FAX 503 591 0986 MID ENGINEERING 0 001 REQUEST FOR COMMENTS CITY OF TIOARD 6t/TA- 059 Community Deve(vpment Shaping A Better Community DATE: r 111 Se tem I 21997 RECD, r� V 199 TO: alatin Valley Water District FROM: City of Tigard Planning Division ST: CONTACT: William O'Andrea(ext.315 Ilfone:15031 639-4171 Fax:[5031 684-7297 RE: SUBDIVISION [SUM 97-0007/PLANNED DEVELOPMENT REVIE PDRI 97-0005/IONE CHANGE[ION - 004 MYERS ESTATES SUBDI N < A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,240 square foot parcel into five (5) lots ranging between 2,700 square feet to 4,180 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. APPLICABLE REVIEW CRITERIA: ORS 197; and Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 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 - - sq to o staff, a report and recommendation will be prepared and a decision will be rendered on the pr%itlisal in the near future. you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MO' i ay,September 22,1991. Yo may use the space provided below or attach a separate letter to return your commen s. If you are unable to re •.nd by the above date, please phone the staff contact noted above with your comments a •• • • ••- -nts 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: A 4/14(Please prazn1e the fo(Iowinginformation)Name of Person's'Commenting Phone Number's': SUB 97-07'PDR 97-052ON 97-04 MYERS ESTATES SUBDIVISION \ I PROPOSAL/REQUEST FOR COMMFNTc 44; REQUEST FOR COMMENTS CI OF IIGARD Community'Development Shaping 1I Better Community DATE: September 12,1991 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea text 3151 Phone:[5031 639-4171 Fax:[5031684-7291 RE: SUBDIVISION [SUM 97-0007/PLANNED DEVELOPMENT REVIEW[PM 97-0005/ZONE CHANGE[ION]97-0004 y MYERS ESTATES SUBDIVISION A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,240 square foot parcel into five (5) lots ranging between 2,700 square feet to 4,180 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. APPLICABLE REVIEW CRITERIA: ORS 197; and Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 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, September 22,1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V (Please provide the following information)Name of Person's)Commenting: I Phone Number's): I SUB 97-07/PDR 97.05/ZON 97-04 MYERS ESTATES SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS NUrfHC*TIIN UST HS MS ISSAIIFIELSPILUIT l?PUClfUNS FCIT kw(C m (3J Mn C11111 INVOLVEMENT TEAMS m Flea ht mliv IN tam Cff UMW FILE NO[S] aV B cri-o' 1 RLE MEM Nwig es /k(M? Er-) - ePet58- L-- CITY OFFICES l _ADVANCED PLANNING/Nadine Smith,r....,,a.....—COMMUNITY DVLMINT•DEPTJawm.4..r.+•■+ a—DUCE DEPTJc ...+..+..a.. —BUILDING DIVJDavid Scott s■••4o.r.. ENGINEERING DEPT/Brian Raper,o.a..a a....a..... _WATER DEPTJMIchael Miller.op. ..••..... CITY ADMINISTRAT1ON/Cathy Wheatley.avaes . OPERATIONS DEPT/John Roy..•...•s, _OTHER SPECIAL AISTRICTS r ‘ 1TUALATIN VALLEY FIRE&RESCUE --TUALATIN VALLEY WATER DISTRICT ---_UuNIIFIEED SEWERAGE Program AGENCY Fire Marshal Adm nistrative ° Washington County Fire District PO Box 745 155 N.First Street (place In pick-up box) Beaverton.OR 97075 Hillsboro.OR 97124 I LOCAL ANO STATE l68ISOICTIONS _.42 -.• - . CITY OF BEAVERTON _CITY OF TUALATIN _OR DEPT.OF FISH&WILDLIFE —OR.DIV.OF STATE LANDS PO Box 4755 Planning Director 2501 SW First Avenue 775 Summer Street NE Beaverton,OR 97076 PO Box 389 PO Box 59 Salem.OR 97310-1337 Tualatin,OR 97062 Portland,OR 97207 OR.PUB.UTILITIES COMM. Larry Conrad.sr...r...... Mike Matteucd,rwrr.r.a Cora METRO —OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE 600 NE Grand Avenue 800 NE Oregon Street Suite 5 Salem.OR 97310-1380 CITY OF DURHAM Portland,OR 97232-2738 Portland,OR 97232 US CORPS.OF ENG. City Manager PO Box 23483 _Paulette Alen,a....r.q.r.+C.rs.w —OR.DEPT.OF LAND C.DNSERV.b OVLP 333 SW First Avenue Durham,OR 97281-3483 Mei Huie.o...w.v.C.rr(C?A w 1175 Cowl Street NE PO Box 2948 Salem,OR 97310-0590 Portland.OR 97208-2948 CITY OF KING CITY _METRO AREA BOUNDARY COMMISSION City WASHINGTON COUNTY y Manager 800 NE Oregon Street —OREGON DEPT.OF TRANS.(000T) 15300 SW 116th Avenue Buil ding#16.Suite 540 Aeronautics Division Dept.of Land Use&Trans. Kug City,OR 97224 Portland,OR 97232-2109 AV= Tom Highland.-w., 155 N.First Avenue 3040 25th Street.SE Suite 350.MS 13 _CJTY OF LAKE OSWEGO _OR DEPT.OF ENERGY Salem,OR 97310 Hiisboro.OR 97124 Planning Director Bonneville Power Administration PO Box 369 PO Box 3621 DOT,REGION 1 —Brent Curtis(CPA') Lake Oswego,OR 97034 Routing TTRC-At it: Rena*Ferrera Sonya Kazen.ore.4 Ara.c...a —Scott long(OAyl Portland.OR 97208-3821 123 NW Flanders —Mike Borreson mtg.) _CITY OF PORTLAND Portland,OR 97209-4037 —Jim Tice or..ii David Knowles..r.o a..of _OREGON,DEPT.OF ENVIRON.QUALJT7 —Tom Harry to.......Ama) Portland Building 106.Rim 1002 811 SW Sixth Avenue DOT,REGION 1-DISTRICT 2A —Phil Healy cc....Pt 44444 1120 SW Fifth Avenue Portland.OR 97204 Jane Estes.P..+sw.art Portland,OR 97204 PO Box 25412 Portland.OR 97298-0412 UTILITY PROVIDERS AND SPECIAL AGENCIES BURLINGTON NORTHERN FUR METRO AREA COMMUNICATIONS —SOUTHERN PACIFIC TRANS.CO.(RIR) —TM-MET TRANSIT DVLPMT. Administrative Office Jason Hewitt Clifford C.Cabe.Construction Engineer Michael Kser,Proiect Planner 1313 W. 11th Street Twin Oaks Technology Center 5424 SE McLoughfut Boulevard 710 NE Holladay Street Vancouver.WA 98660-3000 1815 NW 169th Place,5-6020 Portland.OR 97232 Portland.OR 97232 Beaverton.OR 97006-4888 _COLUMBIA CABLE COMPANY —TCI CABLEVISION OF OREGON —US WEST COMMUNICATIONS Craig Eyestone NW NATURAL GAS COMPANY Linda Peterson Pete Nelson 14200 SW Bhgadoon Court Scott Palmer 3500 SW Bond Street 421 SW Oak Street Beaverton.CR 97005 220 SW Second Avenue Portland.OR 97201 Portland.OR 97204 Portland.OR 97209-3991 L GENERAL TELEPHONE . Paul Koft Engineenng .-PORTLAND GENERAL ELECTRIC COMPANY MC: CR030546 - Brian Moore Tigard.OR 97281-3416 14655 SW Old Scholls Ferry Road Beaverton,OR 97007 R\pattyvr, syy�y�pp�a mst 2-May-47 MAILING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING A CITY OF TIGARD Ci+Umumty'Devabpment S(utptnq,I,Better Community • snz xE OF O4aCON ) County of'Washington )ss. City of Tigard ) I, Patric a L Willard, being first duly sworn/affirrn, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon. E That I served NOTICE OF (AMENDED 0) PUBLIC NEARING FOd memo rm. ammo SW Mee Wray letal (wet assn.rt is la } ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council That I served NOTICE OF (AMENDED 0) DECISION FOR: aim!ar.ar•) ❑ City of Tigard Planning Director i That I served NOTICE OF (AMENDED 0) FINAL ORDER FOR: (var rt rRfaaasearq {wetlats la Nile} ❑ City of Tigard Planning Director ❑ : Tigard Hearings Officer ���^� �,n C7 Tigard Planning Commission AJO1 . C/4R ❑ Tigard City Council That I served OTHER NOTICE OF FOB: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISIOIUNOTICE OF FINAL ORDER/OTHER NOT10EIS] of which is attached, marked -hibit "A", was mailed to ea,4 in- :• person(s) at the address(s) shown on the attached list(s), maned Exhibit :", on he d-y of _�,= ' I f 1997, and deposited in the United States Mail on the 5-r day of ( j /l g1��'! 1997. postage prepaid. MOW tPersan tha •moored 'tic-1 Subscribed and sworn/affirmed before me on the day of (Z0-0 , 191 �� OFFICIAL SEAL 2' . DIANE M JELDERKS p�� NOTARY PUBLIC-OREGON�;';;� COMMISSION NO MBER 046142 NOTARY PUBLIC OF OR MY COMMISSION EXPIRES SEPTEMBER 07. Iggg My Commission Bull FILE INFO_ - SuB q3--G7/PD 6/7--tf ZDl 91--O f UM=En ii/i/ Ek5 55-0+753- .`)a& I V 1sa `r 'HIBIT A 120 DAYS = 1/3/98 CI AO-TY OF TI TIGARD Community'Development Shaping Better Community CITY OF TIGARD `Washington County, Oregon NOTICE OF FINAL ORDER NO. 91-04 PC a BY THE PLANNING COMMISSION Case Number(s): SUBDIVISION(SUB)91-0001/PLANNED DEVELOPMENT REVIEW MR)91-0005 ZONE CHANGE[ZON)91-0004 Case Name(s): MYERS ESTATES SUBDIVISION Name of Owner: Mary Myers Name of Applicant: HMP Enterprises Attention: Brad Pihas Address of Applicant: 22151 SW 55th Avenue City: Tualatin State: Oregon Zip: 97062 Address of Property: 10860 SW Hall Boulevard City: Tigard State: Oregon Zip: 97223 Tax Map(s)/Lot No(s).: WCTM 1 S 135AD, Tax Lot 03000. Request > Approval of the following development applications: 1. Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2. Planned Development Review to allow lot sizes less than the minimum required by the zone; and 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. Zone: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. Action: > ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:9 THE DECISION SHALL BE FINAL ON WEDNESDAY NOVEMBER 19,1991 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 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 P.M.ON NOVEMBER 19,1997 Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SUB 97-07/PDR 97-052ON 97-04 MYERS ESTATES SUBDIVISION NOTICE OF FINAL ORDER NO.97-04PC BY THE PLANNING COMMISSION CITY OF TIGARD .V P . PLANNING COMMISSION CITY OF TIOARD FINAL ORDER NO.: 91-04PC Community Development Shaping A Better Community A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS APPROVING AN APPLICATION FOR A SUBDIVISION, PLANNED DEVELOPMENT AND ZONE CHANGE. SECTION I. APPLICATION SUMMARY CASES: FILE NAME: MYERS ESTATES SUBDIVISION Subdivision SUB 97-0007 Planned Development Review PDR 97-0005 Zone Change ZON 97-0004 PROPOSAL: The applicant requests the following development applications: 1 . Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2. Planned Development Review to allow lot sizes less than the minimum required by the zone; and 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. OWNER: Mary Myers APPLICANT: Brad Pihas 3406 NW Thatcher Road HMP Enterprises Forest Grove, OR 97116 22151 SW 55th Avenue Tualatin, OR 97062 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential; 8-12 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 12 Units Per Acre; R-12. LOCATION: 10860 SW Hall Boulevard; WCTM 1S135AD, Tax Lot 03000. The site is located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. SECTION II. DECISION Notice is hereby given that the Planning Commission has APPROVED the proposal E w=•' . , subject to certain conditions of approval. The findings and conclusions j ''" on which the decision is based are noted in Section IV. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97.0007/PDR 97-00052ON 97-0004 PAGE 1 OF 17 CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE STAFF CONTACT FOR ALL • CONDITIONS IS BRIAN RAGER WITH THE ENGINEERING DEPARTMENT, (503) 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. The applicant shall construct half-street improvements along the frontage of SW Hall Boulevard to meet the Oregon Department of Transportation (ODOT) standards. The improvements adjacent to this site shall include: A. ODOT standard pavement section from curb to centerline equal to 25 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 and gutter; D. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; E. eight (8)-foot concrete sidewalk, per City standard; 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); street signs; J. driveway apron for private street; and K. adjustments in vertical and/or horizontal alignment to construct SW Hall Boulevard in a safe manner, as approved by ODOT. 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way (ROW). A copy of the permit shall be provided to the City Engineering Department prior to issuance of a public improvement permit. Agency Contact: Jane Estes, District 2A Permit Specialist at (503) 229-5002. 5. Additional right-of-way (ROW) shall be conveyed to the State of Oregon, by and through its Department of Transportation Highway Division along the frontage of SW Hall Boulevard to increase the ROW to 45 feet from centerline. The description shall be tied to the existing ROW centerline. Verification that the conveyance has been submitted to the State shall be provided to the City Engineering Department. For additional information, contact Myron Melick at: Oregon Department of Transportation Right-of-Way Section, 7165 SW Fir Loop, Tigard, OR 97223. Phone: (503) 684-1510. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 2 OF 17 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 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. 9. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's public improvement permit. 10. The applicant shall submit a drainage basin map with the sanitary sewer plan to ensure that all adjacent upstream properties can be served from the public sanitary sewer system. 11. The applicant shall obtain approval from ODOT with regard to the proposed storm drainage connection in SW Hall Boulevard. 12. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square foot of hard surface is assessed to each individual lot. Payment of the fee can be split into two parts: 1) the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat; and 2) the portion assessed to each lot ($210/lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalks in order for the fee under No. 1 above to be calculated. 13. 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." 14. The applicant shall either place the existing overhead utility lines along SW Hall Boulevard 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. 15. Revised site and landscaping plans shall be submitted for review by the Planning Division. Staff Contact: Will D'Andrea, Planning Division (639-4171). The revised plans shall include the following: A. impervious surface/landscaping calculations that demonstrate a minimum of 20% of the site is landscaped; B. 23-foot "Tract A" with an adjoining two (2)-foot access easement; MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 3 OF 17 C. minimum 25-foo. Jntage required for lot 5; and D. tree mitigation of 30 caliper inches in accordance with Community Development Code Section 18.150.070.D. This mitigation is in addition to the required street trees. A revised plan that more clearly identifies the large cluster of trees along the north property line, as. well as, adjacent to the concrete slab, and their potential impact on the mitigation plan. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION SHALL BE SATISFIED: Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639-4171. 16. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision plat. 17. 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. 18. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) mylars; and 2) a diskette of the as-builts in "DWG" format, if available, otherwise "DXF" will be acceptable. Note: if the public improvement drawings were hand-drawn, then a diskette is not required. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE WILLIAM D'ANDREA WITH THE CITY OF TIGARD PLANNING DIVISION AT (503) 639-4171. 19. All site improvements installed per the approved plans. 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. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 4 OF 17 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 ft-evocable letter of credit executed by a financial institution authorized to transact business in the E -ate 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 narr, tive. 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). MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 5 OF 17 All centerline monuments shah _ 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. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 6 OF 17 • SECTION III. BACKGROUND INFORMATION Site History: No development applications were found to have been filed with the City. Vicinity Information: Adjoining properties are zoned R-12 (Residential, 12 units per acre) and are developed with single- family residential structures and a church. Site Information and Proposal Description: The .46 acre property is currently vacant and is overgrown with grasses and assorted tree clusters. There is a concrete pad approximately in the middle of the property (the remains of a single-family residence) and a small wooden shed on the property. The property slopes southwesterly from an elevation of approximately 184, to an elevation of approximately 179. The applicant is proposing the following land use development applications: 1 . Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2. Planned Development Review to allow lot sizes less than the minimum required by the zone; and 3. Zone Change to record a Planned Development Overlay Zone on the Zoning Map. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant's narrative states that the applicant will provide a half-street improvement along SW Hall Boulevard and that the design of the subdivision concurs with the requirement for dedication of public right-of-way (ROW) and depicts a 25-foot wide half-street improvement. 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 recapture 32% of the traffic impact of MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 7 OF 17 new development on the Colle,.Jr and Arterial Street system. Press.Itly, the TIF for each trip that is generated is $179. The total TIF for an attached, single-family dwelling is $1,790. The applicant has proposed to construct half-street improvements on SW Hall Boulevard. The Engineering Department has estimated the cost of half-street improvements to be approximately $200 per lineal foot. This conservative estimate was determined from current bid tabulations. Assuming a cost of $200 per lineal foot, it is estimated that the total cost of the half-street improvements to SW Hall Boulevard is $22,000 (110 feet x $200). Based on past City purchases of residential property for street ROW, residential property is assessed at $2 per square foot. The applicant is being required to dedicate an additional 2,038 square feet of ROW along SW Hall Boulevard. Assuming a cost of $2 per square foot, it is estimated that the total cost of the dedication is $4,076 (2,038 square feet x $2). The total cost for dedication and improvements is a total of $26,076. 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 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 $27,968 ($8,950 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF of $8,950 is paid, the unmitigated impact can be valued at $19,018. The total estimated cost of the dedication and half-street improvements is approximately $26,076. Given the estimated unmitigated impact of approximately $19,018, the difference in the conditioned items and the unmitigated impact is approximately $7,058. The rough proportionality test means that the conditions imposed must be "roughly proportional" to the impacts associated with a development. The test does not require a precise mathematical calculation. The test does not require a "dollar-for- dollar" exchange of conditions for impacts, nor does it require that the impacts outweigh or have a higher estimated value than the conditions imposed. The estimated costs (in this case, the street dedication and improvements) required of the applicant may be greater in estimated value than the value of the unmitigated impact. The rough proportionality test decided by the Supreme Court related to the cost of dedications, not improvements. Although the requirements imposed have a slightly higher estimated value than the unmitigated impact, the City finds that the conditions meet the rough proportionality test. For safety considerations improvements should match those on adjacent properties, for instance, the applicant's having a narrower improved ROW would create a potential traffic hazard. In addition, as a State Highway, ODOT requires the improvement as a condition of its access permit. Dimensional Requirements: Section 18.54 states that the minimum lot area for each single- family lot in the R-12 zoning district is 3,050 square feet and there is no minimum lot width requirement. The maximum lot coverage shall be 80% including all buildings an impervious surfaces and the minimum landscape requirement shall be 20%. Although the applicant is proposing lots ranging between 2,696 and 3,719 square feet, this section is satisfied as the applicant is creating this subdivision through a Planned Development. The provisions of the Planned Development Section 18.80, allows the creation of lots which are less than the minimum required by the underlying zone provided that the density provisions are not exceeded. The applicant has not provided impervious surface/landscape calculations. A revised plan shall be submitted that provides the impervious surface/landscape area to be in compliance with this standard. Development Standards: Section 18.54.050 contains standards for the R-12 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 8 OF 17 Minimum lot size 3,050 Square Feet* Average lot width No Minimum Front setback 15 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 10 Feet Rear setback 15 Feet Maximum building height 35 Feet 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. * Because the project is being reviewed under Planned Development standards, the minimum lot size, average lot width and lot depth standards do not apply to this development. Section 18.88.010 (Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the protected solar building line option if: 1) a protected solar building line is designated on the plat or in documents recorded with the plat; 2) the protected solar building line is oriented within 30 degrees of a true east-west axis; 3) there is at least 70 feet between the protected solar building line and the middle of the north-south dimension of the lot tot he south, measured along a line perpendicular to the protected solar building line; and 4) there is at least 45 feet between the protected solar building line and the northern edge of the buildable area of the lot, or habitable structures are situated so that at least 80% of their ground floor wall will not be shaded by structures or non-exempt vegetation. The applicant is proposing to provide the protected solar building line. As indicated on the plans, the lots comply with the criteria, thereby, satisfying this requirement. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area of the site is approximately 20,284 square feet. The net developable area of the site (after deduction of 2,955 square feet for a private street and 2,038 square feet for public ROW) is approximately 15,291 square feet. With a minimum of 3,050 square feet per lot, this site yields an opportunity for up to five (5) lots under the R-12 zoning designation. The applicant is proposing five (5) lots. The proposal is, therefore, in compliance with density calculations. Planned Development: Section 18.80 encourages development that recognizes the relationship between buildings, their use, open space, and accessways and thereby maximizes the opportunities for innovative and diversified living environments, while implementing the density range provided through the Comprehensive Plan. Section 18.80.080 states that the minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.92. Section 18.80.120(A) (Planned Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of other Community Development Code Chapters. The applicable criteria in this case are Chapters 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.160, 18.150, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 9 OF 17 The proposal contains no el.. -Ints related to the provisions of . Je Chapters 18.96 (Additional- Yard Setback Requirements), 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.80.120.A.2. These Chapters are therefore found to be inapplicable as approval standards. Code section 18.80.120.A.3 provides other Planned Development Review approval standards not necessarily • covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.80.120.A.3.e (Shared Outdoor Recreation Areas: Residential Use), 18.80.120.A.3.c (Privacy and Noise), or 18.80.120.A.3.d (Private Outdoor Area) and are, therefore, found to be inapplicable as approval standards as these criteria have been applied only to multi-family development. Relationship to the natural and physical environment: Section 18.80.120.A.3.(a) states that the streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible and that trees with a six inch caliper measured at four feet in height from ground level shall be saved where possible. The proposed lots and private streets will require minimal grading, thereby, preserving the existing topography and natural drainage. Given the size of the property and proposed improvements, all of the existing trees will be removed. In accordance with Section 18.150, trees greater than 12-inch caliper will be mitigated. The proposed plan also includes new landscaping and street trees, in compliance with this criteria. Buffering, screening, and compatibility between adjoining uses: Section 18.80.120.A.3.b states that buffering shall be provided between different types of land uses. It also states that in addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.100: (a) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the purpose; (c) The direction(s) from which buffering is needed; (d) The required density of the buffering; and (e) Whether the viewer is stationary or mobile. The proposed single-family residential lots are compatible with adjoining properties and uses. A buffer area is not required by the Buffer Matrix Section 18.100.130, as a use that requires buffering and screening. Since the use is compatible, this requirement is satisfied and no buffering shall be required. Access and circulation: Section 18.80.120.A.3.f states that the number of allowed access points for a development shall be provided in Chapter 18.108, all circulation patterns within a development must be designed to accommodate emergency vehicles, and provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. As discussed in Section 18.108.070.A (Access), the proposed private street will satisfy the access standards. The proposed design and length of the private street meets recommended emergency vehicle standards. 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: MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 10 OF 17 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 preliminary plan shows the provision of trees along SW Hall Boulevard, spaced approximately 20 feet apart, satisfying 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. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway and then connecting these two 30-foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. As indicated on the site plan, this criteria is satisfied. Parking: Section 18.106.030.(A ) states that each lot is required to provide 2 off-street parking spaces. Each parcel provides 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. As indicated on the site plan, each lot will provide a minimum 10-foot wide driveway. The plan shows that a 20-foot "Tract A" has been provided to serve as a private street. The 20-foot width is adequate to provide the minimum 20-foot pavement requirement, however, the 25-foot access width has not been provided. The proposed "Tract A" is 23 feet in width. A revised site plan shall be submitted that provides the 25-foot access width required to accommodate a 20-foot paved driveway, thereby, satisfying this requirement. The 25-foot access width may be provided by the 23-foot "Tract A" with an adjoining two (2)-foot access easement. 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 and length 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 MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 11 OF 17 program to save existing trees or mitigate tree removal over 12 inenes 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 plan indicates that there . are a total of two (2) trees greater than 12-inch caliper on the site. The proposed plan will be removing both of the trees that are greater than 12-inch caliper, for a total of 30 caliper inches. The applicant is retaining less than 25% of existing trees over 12 inches in caliper and, is thus, required to provide a mitigation program of no net loss of trees according to Section 18.150.025.B.2.a and Section 18.150.070.D. The applicant shall, therefore, prepare a plan detailing the mitigation of 30 caliper inches. This mitigation is in addition to the required street trees. Upon a site visit, it appeared that the existing conditions plan did not identify all the trees on the site. There appears to be a large cluster of trees along the north property line, as well as, adjacent to the concrete slab. It is not clear whether these trees will impact the required mitigation calculation. A revised plan shall be submitted that more clearly identifies these clusters of trees and their potential impact on the mitigation plan. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. The proposed subdivision complies with the Comprehensive Plan Map's Medium Density Residential opportunity for the site, as well as, with the applicable policies and regulations of the R-12 zone and other applicable ordinances and regulations. 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The proposed name of the subdivision "Myers Estates" is not duplicative of any other plat recorded in Washington County, in compliance with this criteria. 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. The site does not abut properties with approved plats that would require conformity or connectivity. Therefore, this criteria is not applicable. 4. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements, including the provision for public services such as sewer, water, drainage and street improvements. 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 Hall Boulevard is classified as an Arterial. The applicant has been conditioned to construct half-street improvements to Arterial standards. The proposed private street will be designed in accordance with City 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 that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 12 OF 17 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. Given the existing development pattern of surrounding properties, it is not necessary, nor possible, to extend the proposed 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 street that abuts the property which would require extending to provide through circulation. Cul-de-sacs: Section 18.164.030(K) requires that a cul-de-sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. The proposed private driveway is approximately 150 feet in length, well under the maximum cul-de-sac length requirement. The proposed private street will accommodate five (5) dwelling units, well under the maximum 20 dwelling units allowed. The private street, therefore, complies with this standard. 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 private street design satisfies City standards. 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. Therefore, the proposed private street satisfies this section. The applicant has also been conditioned to provide for a bonded maintenance agreement or a homeowners' association for maintenance of the street. 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. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-00052ON 97-0004 PAGE 13 OF 17 This criteria is not applicable, a- ,ne site is constrained from meeting L.le specified block perimeter due- to existing development patterns. • 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. Given the existing development pattern of surrounding properties, it is not necessary nor possible, to provide for pedestrian connections. 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. This criteria is satisfied as Section 18.80.080 states that the minimum lot size, lot depth and lot width standards shall not apply, except as related to the density computation under Chapter 18.92 and the proposed lots are less the 1.5 times the minimum lot size of the zone. 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 1-4 comply with this standard. The plan shows that lot 5 has 23 feet of frontage on the private street. A condition has been imposed requiring the provision of a 25-foot access easement. The provision of this 25-foot easement will provide the minimum 25-foot frontage required, and thus, comply with this standard. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. As indicated on the site plan, a sidewalk is being provided along SW Hall Boulevard, thereby, satisfying this standard. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW Hall Boulevard, which is classified as an Arterial street and is under ODOT jurisdiction. The current right-of-way (ROW) width is approximately 30 feet from centerline. The ultimate ROW required on this roadway is 45 feet from centerline. The applicant has agreed to dedicate additional ROW to provide 45 feet from centerline. Hall Boulevard is not fully improved adjacent to this site. ODOT comments received indicate that they will require the applicant to construct a half-street improvement in order to mitigate the additional traffic impact from this development. The required pavement widening will provide a total of 25 feet from curb to centerline. The applicant will need to obtain ODOT's approval and permit prior to issuance of the City construction permit for the public improvements. In addition, ODOT will require the applicant to apply for an access permit. This also shall be completed prior to issuance of the City construction permit for the public improvements. The plan proposes that all of the lots within this subdivision will be served from a private street. Tigard Municipal Code (TMC) 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). Since this development will only contain five (5) lots, the TMC provision is met. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 14 OF 17 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. WATER: This site is within the Tualatin Valley Water District (TVWD) service area. Any connections to, or extensions of, the public water line shall be reviewed and permitted by TVWD. SANITARY SEWER: There is an existing eight (8)-inch public sanitary sewer line in SW Hall Boulevard that can adequately serve this site. The applicant will construct a new public sanitary sewer line within the new private street to serve the new lots. The applicant will need to assess the need for this new sewer line to be extended to the east boundary of the site to provide service to the adjacent property. A drainage basin study shall be provided with the sanitary sewer plan to ensure that upstream properties are served from the public sanitary sewer system. STORM DRAINAGE: The topography of this site falls to the west toward SW Hall Boulevard. The applicant proposes to collect the storm water from the project and discharge into the storm system in SW Hall Boulevard. The applicant's engineer has determined that the additional storm water runoff from this project will only be 0.18 cfs, which apparently, is within an acceptable range according to ODOT standards, and can be discharged into their ROW without detention. The applicant will need to obtain an approval for their storm system connection prior to issuance of the City public improvement construction permit. 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. However, the USA standards include provisions in Section 3.11 .5 (d), which allow for the payment of a fee in-lieu of constructing a facility. One of the provisions relates to sites that are small and the location of a facility would preclude effective development of the site. In this situation, the site is very small and will only yield five (5) lots. In order to accommodate a water quality facility, the applicant would likely lose one (1) of the lots, which would severely impact the project. In cases like these, the City has recommended the fee in-lieu. The fee in-lieu, is therefore, recommended for this project. 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. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 15 OF 17 EXISTING OVERHEAD UTILI.. _INES: There are existing overhead utility lines on SW Hall Boulevard. 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. SECTION V. OTHER STAFF COMMENTS The City of Tigard Police Department has reviewed this proposal and has offered the following comments: Although not a requirement for "private streets" in Tigard, the need for security lighting is essential. Lighting standards typical of other public streets is recommended. Decorative lighting from individual residences often do not provide adequate illumination. House numbers need to be clearly identified, preferable illuminated. Second choice is high contrast, to be easily identifiable. The City of Tigard Building Division and the City of Tigard Maintenance Services Division have had the opportunity to review this application and have offered no comments or objections. SECTION VI. AGENCY COMMENTS The Oregon Department of Transportation has reviewed this proposal and has offered the following comments: ODOT requires the applicant to apply for an access permit to SW Hall Boulevard. As a condition of the permit, the applicant will be required to construct half-street improvements for a typical three (3) lane section on SW Hall Boulevard, including: seven (7) feet for a half left-turn median, 12 foot through lane, six (6)-foot bike lane, six (6)-foot sidewalk to ADA standards, and a six (6)-inch curb. A permit is required by ODOT to hook-up to the State drainage system. A permit is required by ODOT for all work in the ODOT right-of-way. For permit applications and information contact: Jane Estes, District 2A Permit Specialist at (503) 229-5002. 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. 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. MYERS ESTATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0007/PDR 97-0005/ZON 97-0004 PAGE 16 OF 17 ODOT: An ODOT permit will be required for any work in SW Hall Boulevard. 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. SECTION VI. CONCLUSION The City of Tigard Planning Commission has APPROVED, subject to the conditions of approval contained within the staff report, SUB 97-0007/PDR 97-0005/ZON 97-0004. IT IS FURTHER ORDERED THAT THE APPLICANT AND ALL PARTIES TO THESE PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER. PASSED: This �Q day of October, 1997 by the City of Tigard Planning Commission. (Signature box below) i Nick Wilson, Planning Commission President I:\C U R P L N\WILL\SUB 97-07.D F O MYERS ES`ATES SUBDIVISION PLANNING COMMISSION FINAL ORDER NO 97-04PC SUB 97-0CC PDR 97-0005/ZON 97-0004 PAGE 17 OF 17 I ♦ 1 .S. It'. SPRt'f'l: STREET .1 .. 2900 ' I I 1 Z i O II I I p FROPOSED g'CONCRETE WALK Z i /—1.1./CONCRETE CC RB AND G /TTEq Z' Il W Z Z z J 1 _ DEDICATION TO 45.0' I I FROM HALL BL VD. 15' REAR YARD Q 0 1 0 5o�ar Bra. SETBACK J / L/rtC 9 2'3.62 4486' i _ _ N$9'1I'13"W �.i Q 31.00' 7184341 00' 31.00' 0 32.9x' Imo , -I I 1 ' f i I 1 2 I I o C7 1 4 I 5 1= I \ J //' 7.485 5. ^6q6 5.F. .6A6 5.F. 76,7E S.F. ( .-rr9 5.F NI LL ti rt 3 1-1 r — I ____ I ______ I __ ._ ' • __ i 'cow t� D iJJJJ1111 C/5 r4I I 10.1' �>7 ' r 1(_l _ O 25 _ I _ . _1 I° V 129.12'o •°° TRAC T "A" J c 1 ID Private -Street c-, p.,-;C.1 U - � — 184.42. — — N89'11'1�9"W — 4.6 1 I I 1 SITE PLAN N CASE NCB. SUB 91-1 EXHIBIT MAP MEYERS ESTATES POR 91-5 SUBDIVISION ZON 91-4 , . Q1. I I I I I I I I- I " M MAPLELEAF ST OAK ..101 , 1 i I I - _ 7 A 1. im•FE- 1 • _ FL:,- . , . OAK I� ST ST I/ - 1 I E -t i- 1 I 1 C, PINE ST PIKE I 5 t --\. 1 - - I -1 0 [— \ I • ST SRRUCE C LOB rim ST ... VI/1'AR --- PIP �1� Q co J �S T 1 ..... p. 2 Ali, �, i` '"m t3 11 > . P 1 1— , c (-3 11 11E5 1 of 1 m 1 m�� .• : -J 1. . I 4 LE .. I .6 _IR 1111111111111 i IMO. I N SUB 97-7/PDR 97-5/10N 97-4 Vicinity Map %ate.Mao is not to uaie MEYERS ESTATES SUBDIVISION WILL CALL/PICK UP <VV V Fill out this form completely and attach it . ,;1 ely to the document(s). Bring it to LL CALL/PICK UP area at the Front Co Ai and file in the appropriate alphabetical =`. by last name4 pany. 1 \ TO: a 4/II / A . :I n fir COMPANY NAME: rjJ 1 11 DOC I AME: P .f,/A l /J.- U FROM: e, , Or , I WAWA Ad— DEPARTMENT: / / /, L/ DATE TO WILL CALL: /b v 97 If the document is not picked up within 5 working days of the "DATE TO WILL CALL", the document will be returned to the originator. RETURNED TO ORIGINATOR DATE: RECEIVED OCT 31 1997 COMMUNITY DEVELOPMENT NOTICE OF FINAL ORDER NO.91-04PC EXHIBIT B Vic Accomando BY THE PLANNING COMMISSION 523 NE 41st Avenue SUB 91-0001/PDR 91-0005/ZON 91-0004 Hillsboro OR 97124 MYERS ESTATES SUBDIVISION Mary Myers h:\patty\dots\sub97-07.Ibs 3406 NW Thatcher Road Forest Grove OR 97116 Brad Pihas HMP Enterprises 22151 SW 55th Avenue Tualatin OR 97062 A • AFFIDAVIT OF MAILING CITY OF TIGARD Commuroty Development S(utptng,-i BetterCummuntty STATE OAF OgON ) County of Washington )ss. City of Tigard ) I, Patricia L lunstord, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon. V That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: 1a BF' tos.....w.r•.n...q ales wre tnra MN (clack_uLaa to INw) o City of Tigard Planning Director ❑ Tigard Hearings Officer ci Tigard Planning Commission O Tigard City Council ❑ That I served NOTICE OF (AMENDED ❑) DECISION FOR: 02................0 ❑ City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (0......�.......v.li.► (Met awmafata ra Wow) D City of Tigard Planning Director O Tigard Hearings Officer O Tigard Planning Commission O Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE'S] of which is attached, marked Ex ibit "A", was mailed to each a ed p= on(s) at the address(s) shown on the attached list(s), marked ExIiiInt" the "i day of �� �_i� 1997, and deposited in the United States Mail on the day of � /, 1997,postage prepaid. [Person that Prepared Node•r c Subscribed and sworn/affirmed before me on the Say of 0 . , 19 o•;`, OFFICIAL SEAL ) // er.- =, DIANE M JELDERKS ... NOTARY PUBLIC-OREGON / � ;;0 COMMISSION NO.046142 /iL ,■ MY COMMISSION EXPIRES SEPTEMBER 07,1999 N I ARY PUBLIC OF 0'EC I My Commission Exp ;� HIE tMFA_ I7 CASE YAM yeks —Z.S'A -l/I) CASE MU 51#15°T-4""--71Ppe 97-7..5-MN 97-4 EXHIBIT A ��'►� CITY OF TIGARD Community Development Shaping A Better Community • PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY, OCTOBER 20, 1997 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): SUBDIVISION (SUM 97-0001 PLANNED DEVELOPMENT REVIEW IPDRI 91-0005 ZONE CHANGE OM 91-0004 FILE TITLE: MYERS ESTATES SUBDIVISION APPLICANT: Mary Myers OWNER: HMP Enterprises (Brad Pihas) 3406 NW Thatcher Road 22151 SW 55th Avenue Forest Grove, OR 97116 Tualatin, OR 97062 REQUEST :- A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,284 square foot parcel into five (5) lots ranging between 2,696 square feet to 3,719 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single-family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, 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 97-07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION NOTICE OF 10/20/97 PLANNING COMMISSION PUBLIC HEARING ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER SEPTEMBER 29, 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA, ASSOCIATE PLANNER AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. MAPLELEAF INE pawl E. - , I:II A i1 um PINE iT o,yE I 1 !'111 TEI I I^ � T BRUCE ST PAR is>\! .► rou am I iii Ar. in mime Uu!T ET- -1.17 • PFAFFLE SUB 97-07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION NOTICE OF 10/20/97 PLANNING COMMISSION PUBLIC HEARING 506 1--Oc 5 V1 ftt6/2IN q7-©0_91 f14r 3 eS41 3 Sub BIT B 1 S135AD-02700 1 S135AD-03900 ANDEREGG,MARY D TRUST BAYH,THOMAS D& 8512 SW SPRUCE ST SHEN,NAN PORTLAND,OR 97223 8010 SW 48TH AVE PORTLAND,OR 97219 1S135AD-02900 1S135A0-04300 BURGHARDT,THOMAS J&AMY K CERASIN,C MICHAEL&CAROL M 8570 SW SPRUCE ST#B 6537 SW WEXFORD PL TIGARD,OR 97223 PORTLAND,OR 97223 1 S 136CB-00500 1 S 135AD-02800 CRAMER,ROSE MARY TRUSTEE HARDING,MAURICE R do DAVENPORT,DOUGLAS&ROBER NEMA M 8418 SW SPRUCE ST 8540 SW SPRUCE TIGARD,OR 97223 PORTLAND,OR 97223 1S135AD-00500 1S136CB-04400 HIRNING,DOROTHY AND JAPANESE INTERNATIONAL BAPTIST SARGEANT,SHARON CHURCH INC 6325 SW 90TH 5656 SW HUMPHREY BLVD PORTLAND,OR 97223 PORTLAND,OR 97221 1S135AD-02300 1S135AD-04200 LEE,VANCE R LINEHAN,FRANK M&LINDA L 10915 SW HALL BLVD 3021 SHAWNEE DR NW TIGARD,OR 97223 GIG HARBOR,WA 98335 13135AD-03000 1S135AD-04400 MYERS,MARY M NATHAN,ERWIN J 3406 NW THATCHER RD 8516 SW LUCILLE CT FOREST GROVE,OR 97116 TIGARD,OR 97223 1S135AD-04100 1 S 135AD-04000 OLIVER,J SCOTT&MOLLY MCMANU OLIVER,J SCOTT&M ANU 10600 SW CITATION DR 10600 SW N DR BEAVERTON,OR 97008 RTON,OR 97008 1St 35AD-04700 1 S 135AD-04600 POLLOCK,DONALD E POLLOCK,DONALD E 1834 SW 58TH do MUNOZ,LARRY AVALOS& PORTLAND,OR 97221 BARBARA ANN 1834 SW 58TH SUITE 202 PORTLAND,OR 97221 1S1 35AD-03500 1S1 35AD-03700 RAYBORN,HOWARD L AND KATHY L REDFORD,DELPHIA E 17645 SW JURGENS RD HAEFFELE,LOWELL E&JAMES F TUALATIN,OR 97062 15216 NE 144TH PL WOODINVILLE,WA 98072 546 q 3---o©o7/ 9- -0C.'5/ZON g7-19o9/f f t rs /iil-e s (5ub_ (j'. d f?) 1 £XHI S 1 1 S 135AD-05000 BJT B REED,LYDIA LUNDBERG REED,LYDIA LUNDBERG 10355 5W PORTER 10355 SW P PORTLAND,OR 97225 P AND,OR 97225 1S135AD-04800 1S136CB-00504 REED,LYDIA LUNDBER REYNOLDS,ROBERT E 10355 S E9 8380 SW SPRUCE LAND,OR 97225 TIGARD,OR 97223 1 S 135AD-02101 1 S 136C B-00501 SCHWARZ,G ROBERT&LORETTA J SHUMAKER,MERLE LEEROY AND 1395 SKYE PARKWAY BARBARA WEST LINN,OR 97068 8460 SW SPRUCE ST PORTLAND,OR 97223 1S 1 35AD-04500 1S135AD-02500 SWALL,DALE L THOMAS,LARRY&EMMA 8542 SW LUCILLE CT 12694 SE 125TH TIGARD,OR 97223 CLACKAMAS,OR 97015 1S135AD-00600 1S135AD-02100 TREAT,MICHAEL J&SHIRLEY L WEISS,HENRY K&BONNIE L 8515 SW SPRUCE 7505 SW CRESTVIEW ST TIGARD,OR 97223 TIGARD,OR 97223 BRAD PIHAS HMP ENTERPRISES 22151 SW 55TH AVENUE TUALATIN OR 97062 I l 1S135AD00500 1S135AD0350: 15135A000600 a) SRRUCE E 15135A002101 15135ADD21D0 1S135ADD280D lt 15136C 800501 C13 1 'S135Ab028DO 1E.135ADD5DDU 1>135AD04B00 a 15136C B00500 15135 AD 0480) 5135Ab02711 15135ADD3000 CI 1S136C 800504 15135ADD3400 15'35ADD4100 ( 0 IS'35ADD4DOD 15135AD0A20D 16135A002300 SADO 30D / 16135A004700 `-II 15135ADD 4D0 C-...._______. r c 1 ca _.. ._ . ., 1 S135AD04500 16135ADD45J0 ____ 1 w 15135AD02500 r 15136C 80440D �', 15135A00370D ma ___________ ca cn .. , .. 1. ti. O >, ___________________ i •l■ 4_1 ■ Vicinity Ma SUB 97-7/PDR 01-5/iON 97-4 MEYERS ESTA' 'ES S B I V SIGN SUBDIVISION APPLICATION .r,. a 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 CITY OF TIGARD PRE-APP. HELD WITH:`)"l�"0,«174 ' GENERAL INFORMATION DATE OF PRE-APP.: iO 13//4L- Property Address/Location(s): /0540 Sid, f Ari-1-- i. FOR STAFF USE ONLY !S/ 3� ,4c7 Case No.(s): �t(P-) 9 i ' D`7 . Tax Map & Tax Lot#(s): Other Case No.(s): LoT # 3000 Receipt No.: ---,?-9 Site Size: 49/ 4-4S ac.-e4 ( o)o, a 4 S•F. Application Accepted By: (k/ist V MareY ,c./ Date: Property Owner/Deed Holders)*: ycRs Address: is/c14 A' ' ' �'hrr At-Phone: 3S7-01973 Date Detemlined o Be Complete: City: hireSJ Grove Zip: 1'7 //lam I ..'qq Applicant`: /4"P Caler pns- s Comp Plan/Zone Designation: Address: zis/ .S`w' t'5 AYC- Phone: (03g---0?)147 City: /1.4.J.06 n Zip. 9 7 ok 3- 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) Rev.8131/96 ocurp+n\masters■subapp.doc must sign this application in the space provided on the back of this � form or submit a written authorization with this application. V ,�� . 1/KV h PROPOSAL SUMMARY I REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property request Subdivision approval to divide a: ✓ Application Elements Submitted: 1"nq/G . ag'S-r:parcel into Fi vC• lots between Application Form (2---Owner's Signature/Written Authorization A 7e° S-F; and 1 &0 square feet in size. Er Title Transfer Instrument or Deed i ❑ WA. CO. Subdivision Name Approval ThvS app1,e6J o•7 /t 6e./b Pr,i od ,h Site/Plot Plan (provide any additional information here) (#of copies based on pre-app check list) cse--C e O rd'a 4C_P W 14 (jc ' SeedmrI Site/Plot Plan (reduced 8'/7"x 111 I S. 50 a PI0.41r ecl _.47e190 men II- " p- Applicant's Statement (#of copies based on pre-app check list) 44d e,o"no/i e6 w1i-y A4/ aplrc04/P I I 2--"Filing Fee (Preliminary Plat)....$2,125.00 igi.J!/'emeej -Or II..11 d 50bdl v Is)e r (+ $10 Per Lot) (Final Plat) $ 295.00 Aix /P- Q -Zane// el i--vi 1 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: v L-r �✓r c-e- S 0--+'--e. re q 0 e$ S. APPLICANTS: I 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 property, • 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 /0�� day of , 19 J i ' - Owner's Si�ri t ,o , 9 Owner's Signature Owner's Signature Owner's Signature RECEIVED JUL 11 1997 2 COMMUNITY DEVELOPMENT CASEFILE# (SUB)97-0007 REVISED APPLICATION FOR SITE DEVELOPMENT REVIEW SUBDIVISION PLANNED DEVELOPMENT 5 LOT SUBDIVISION WASHINGTON COUNTY TAX MAP 1S135 AD, LOT 3000 MYERS ESTATES Submitted July 11, 1997 Revised September 2, 1997 TABLE OF CONTENTS FACT SHEET Page 3 GENERAL INFORMATION Page 4 PROCEDURES Page 5 ZONE CLASSIFICATIONS & REQUIREMENTS Page 5 OVERLAY DISTRICTS Page 6 CODE CRITERIA Page 7 PRELIMINARY PLAT MAP Page 9 (2) FACT SHEET Applicant: Brad and Heidi Pihas Dba: HMP Enterprises 22151 S.W. 55th Avenue Tualatin, Oregon 97062 (503) 638-2447 Owner: Mary Myers 3406 N.W. Thatcher Road Forest Grove, Oregon 97116 (503) 357-2978 Development Consultant: Vic Accomando, P.E. 523 N.E. 41st Avenue Hillsboro, Oregon 97124 (503) 844-9013 Site Location: 10860 S.W. Hall Boulevard Approx. 130' South of S.W. Spruce Street Tax Lot 3000 Tax Map 1S 1 35 AD Applicable Code Criteria: Community Code Chapters 18.54, 18.80, 18.88, 18.92 18.100, 18.102, 18.106 18.108, 18.150, 18.160 18.164 (3) Proposal N& rrV2, I. GENERAL INFORMATION A development review is requested for Site Development Review and Planned development approval to allow the construction of a five (5) lot subdivision as a Planned Development in this R-12 zoned district. The project is located on the East side of S.W. Hall Boulevard, approximately 130' South of the intersection of Hall Blvd. And S.W. Spruce Street, or particularly described as Washington County tax map 1S1 35 AD. lot 3000. The existing site is overgrown with grasses and briars with a general abandoned appearance as a result of a former single family residence with detached garage. All structures, excepting a small wooden shed, were razed several years ago. The site contains 0.466 acres with 110 feet of frontage along Hall Blvd. and 184 feet of lot depth. The natural terrain slopes gently to the Southwest falling at 3%. The land uses surrounding the site are comprised of single family residences to the North and East with a relatively new R-12 subdivision called "Lucille Court" adjacent to the South property line. Relatively older single level apartments are located directly West of the proposed site. The proposed development would redevelop the site with five single family residences in character with the neighborhood. The physical characteristics of the site, its location and the underlying density lead to the submittal of this application as a Planned Development. Upon approval of the preliminary plat and subsequent permits, it is the intent of the applicant to proceed immediately with the build-out of the underground utilities and site work including required landscaping to finalize construction and build five two story frame construction homes with double car garages. (4) II. PROCEDURES The applicant is submitting a proposal in accordance with all relevant code and Comprehensive Plan requirements. Included in the application is all information requested on the application form, the following narrative addressing the appropriate criteria, the required fees, maps depicting current conditions, a proposed site plan, a landscape plan, site and grading plan, and a list of all recorded property owners within 250' of the site accompanied with a formal affidavit of mailing. The Planned Development is consistent with the underlying zoning requirements and all relevant City ordinances and standards. The applicant requests that all proceedings be combined in a single action in accordance with Section 18.32.100. III. ZONE CLASSIFICATIONS & REQUIREMENTS 18.54 R-12 Multiple Family Residential (12 units per acre) The site is fully within the R-12 residential zone as established by the City of Tigard. The proposed use is a permitted use as defined in Section 18.54.030 Permited Uses A. 1. "Single-family detached residential units;".... 18.54.050 Dimension Requirements The proposed development will comply with the dimension requirements as defined in Section 18.54.050, specifically: Setbacks Other Requirements Front Yard 15 feet Min. Lot Size 3,050 S.F.* Side Yard 5 feet Lot Frontage 25 feet Street Side 10 feet Max. Height 35 feet Rear Yard 15 feet Garage 20 feet Max. Lot Coverage 80% Min. Landscape Requirement 20% * As permitted by Section 18.80.080 A. 1., which applies to Planned Developments, "the mininman lot size, lot depth, and width shall not apply except as related to the density computation.... ". (5) IV. OVERLAY DISTRICTS 18.80 Planned Development The applicant is proposing to develop this project as a Planned Development. The intent of the Planned Development is to provide the means for creating a modified site through application of flexible standards which result in enhanced residential developments. In order to enable the efficient use of land and to promote an economic arrangement of land use, special provisions are made for buildings, circulation, and open spaces that maximize the site's development potential. The applicant's intent of providing home ownership on this site is most suited through the use of single family residences, with each unit on its own lot. A Planned Development provides the applicant with the flexibility to create individual lots that are smaller than the minimum lot size as long as the provisions for density calculations are met. 18.84 Sensitive Lands No portion of this site has been designated with a Sensitive Lands overlay. There are no wetlands or flood plains either on or directly adjacent to the site. 18.88 Solar Access The proposed site plan maximizes the solar access of the proposed dwellings and minimizes shading of adjoining properties by orienting the long dimensions of the buildings in a North-South direction. The project complies with the design standards as established in Section 18.88.040 as all lots lie within 30° of true East-West axis and the project meets the following required provision of Option 2 (Protected solar building line option): 1. The protected solar building line is shown on the plat. 2. The protected solar building line is oriented within 30° of a true East-West axis. 3. There is at least 70 feet between the protected solar building line and the South property line. 18.90 Environmental Performance Standards The applicant understands that compliance with state, federal and local environmental regulations is the continuing obligation of the property owner and will abide by the applicable standards. (6) 18.92 Density Computations According to 18.92.02, Density Calculation, the number of dwelling units permitted can be calculated by the net area of the lot size by the minimum lot size. The net area is derived by subtracting any sensitive lands, public right- of-way and private streets from the gross acreage. The density calculations for this project is: Gross area square 20,284 Sq. Ft. minus sensitive land - 0 Sq. Ft. minus public right-of-way - 2,038 Sq. Ft. minus private street - 2,955 Sq. Ft. Net Area 15,291 Sq. Ft. 15,291 Sq. Ft. (net area) divided by 3,050 (minimum lot size) = 5.01 maximum number of units allowed 18.96 Additional Yard Setbacks and Requirements An additional setback from centerline is required of projects along an arterial and specifically S.W. Hall Blvd. Per Section 18.96.020. The setback distance of 45 feet from centerline is recognized in this application as delineated in the public right-of-way computation above. 18.100 Landscaping and Screening The public street frontage is more than 100' in length, therefore the developer will be required to plant street trees in accordance with this section. The specific standards listed in Section 18.100.35 shall dictate the spacing, size and other specifications regarding street trees. A landscape plan has been furnished to delineate those areas affected by grading and show replanting of all exposed areas, in conformance to Section 18.100.120. 18.102 Visual Clearance Areas Any landscaping will be consistant with the requirements of this section, ensuring the preservation of vision clearance triangles at the entrance of the private street. 18.106 Off Street Parking There will be no parking permitted on the private street. The site conforms to Section 18.106.030 by providing two off street spaces for each unit with the application of double car garages. 18.108 Access, Egress and Circulation As required under this Section, all proposed lots have direct access to the proposed private street which is accessed from Hall Blvd. No flag lots are proposed. Section 18.108.070 allows a pavement width of 20' to provide access for single family residentials uses. (7) 18.150 Tree Removal The existing trees will be removed in conformance with 18.150.030 A. 2., to construct proposed improvements. The tree removal will be mitigated by the installation of street trees along Hall Blvd. 18.160 Land Division: Subdivision The applicant will be subdividing the site into five lots. However, the proposed subdivision is submitted as a Planned Development and will conform to the requirements of Section 18.80. 18.164 Street and Utility Improvement Standards The applicant will provide a half-street improvement along the frontage of S.W. Hall Blvd. with additional pavement 25' from centerline complete with concrete curb and gutter. No new public street development will occur with this application. Sanitary sewer service is available to this site from an existing 8" line in the West right-of-way of S.W. Hall Blvd. The applicant will construct a single 8" line in the private road portion of the site and provide a public utility easement to serve the five lots. Surface water runoff will be collected and diverted to an existing storm drainage system in S.W. Hall Blvd. The proposed storm drainage will be constructed in compliance with Resolution 91-47 of the Unified Sewereage Agency. Domestic water and fireflow is provided by the Tualatin Valley Water District with a main located directly in front of the site. An existing fire hydrant is located at the Northwest corner of the project. END OF REPORT (8) IMPACT STUDY An evaluation was conducted to determine the effect of the proposed subdivision on the community and related public facilities and services. The site is situated in the Pfaff le sub area of the Metzger- Progress Community Plan and this report shall address the transportation system, the Ash Creek drainage basin (pertinent to this project), the sewer system, and the water system. TRANSPORTATION SYSTEM The proposed 5 lot single family residential subdivision will generate approximately 58 average daily vehicle trips based on ITE Code 210 & 220. The subdivision will access S.W. Hall Bouvelard, a major arterial, approximately 250' south of the intersection of S.W. Spruce Street, a local residential street. More than half a dozen bus lines provide transit service in the area. Hall Blvd. and Pacific Highway, '/z mile to the south, are designated Regional Transit Trunk Routes. Hall Blvd. is not presently designated as a bikeway. The design of the subdivision concurs with the requirement for dedication of public right-of-way on Hall Blvd. and depicts a 25' wide '/2 half street improvement along the lot frontage in concert with the pre-application notes of 10/31/96. DRAINAGE SYSTEM The proposed subdivision will develop a peak runoff of 0.24 cubic feet per second of storm water based on a(10) ten year storm event. In accordance with the Oregon Department of Transportation's DETENTION BASIN DESIGN CRITERIA AND GUIDELINES FOR DEVELOPERS, 1994, item 7. "A detention system will not be required when the design discharge from the development is less than 0.5 cfs.", the roof drainage and street/sidewalk drainage will pass directly through a private catch basin (with oil-water separator) to an existing storm drainage line in front of the project. The predeveloped runoff for the site, utilizing the "Rational Method" is 0.06 cfs. The subsequent runoff increase of 0.18 cfs will have no significant impact on the twin 18" culverts crossing Hall Blvd. 250' downstream and no measurable effect on the Ash Creek drainage basin. SANITARY SEWER SYSTEM The finished project is calculated to manifest a peak discharge of 0.04 cfs and will drain directly to an existing 8" sanitary sewer line at the front of the project via the installation of an 8" public sewer main with 4" laterals to each residential unit. The site lies within 250'of a crest to the north and subsequently will connect to the existing sewer line near it's uphill terminus causing no impact on the capacity of the 8" line. WATER SYSTEM The Tualatin Valley Water District presently maintains an 8" water main along the front of the site. In accordance with the policies of the TVWD, water meters will be provided for each unit tapped directly from the main rather than the installation of a public line on- site to service the units. V && M Engineering VJA 09:35 04-Sep-97 Project #16204 MYERS ESTATES RUNOFF by the RATIONAL METHOD DEVELOPED RUNOFF 2-year, 24-hour rainfall = 1.20" flow type description coeff. distance fall slope t/c 1 overland sheet short grass, lawns n=0.15 95.0' 2.5' 2.63% 13.8" 2 shallow concentrated paved, gravel K=27 130.0' 1.0' 0.77% 0.9" 3 pipe concrete pipe n=0.013 25.0' 1.0' 4.00% 0.0" total Time of Concentration = 14.7" data source: ODOT ZONE 8 RAIN-INT-DURATION CURVE return period = 10 yr. land surface: suburban residential runoff coefficient = 0.35% storm intensity = 1.5 in. basin area = .466 Acres peak runoff = 0.24 cfs V && M Engineering VJA 09:24 04-Sep-97 Project #16204 MYERS ESTATES TIME OF CONCENTRATION DEVELOPED RUNOFF 2-year, 24-hour rainfall = 1.20" flow type description coeff. distance fall slope t/c 1 overland sheet short grass,lawns n=O. 15 95.0' 2.5' 2.63% 13. 8" 2 shallow concentrated paved, gravel K=27 130.0' 1.0' 0.77% 0. 9" 3 pipe concrete pipe n=0.013 25.0' 1.0' 4.00% 0.0" total Time of Concentration = 14.7" July 28, 1997 Will D'Andrea City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Will: This letter will serve as my written authorization for Brad Pihas t o submit a subdivision application on my behalf, for my property located a t 10860 SW Hall Blvd. The tax map and tax lot numbers for my property are 151 35 AD. Please deal with Mr. Pihas on all issues regarding this property and i t' s development. Sincerely, Mary M. Myers FROM :503 795 7677 503 795 7677 1997 ^`8-05 13:06 #000 P.03/03 t 'Darttr.m-aiaasWnrowe__e.�._elt.•__ _�...�.xT7.1e3",. �.. ,°s_r1:tiau.acu_.,r�.,w.ar,•.__ ' .of'r•'JS 1 • --— watatattr SM. • 8 2 0 I 0 5 2 1 ►- • .;�`� . • • KNOW ALL MEN BY THESE PRESENTS.T:rat �1,na._.9.rwui.aid.... - • hereinafter called the jrardor,for the c nucloretiatt hereinafter stated.fo&onto!paid by_. • • - • r_ _ _ l ar .Y.. me_:..... _ ' _.._ ..,........ _.__................ het�efnelfar called .- • real grant,. w tenements,hhereditamerita aM appurtenances there orbel gi lA- _ - -•the'jtantee,dace join. alt -I.• • '�Mailro4 that certain With the � I ••' J t.. a7tirftted tar the:GSOttt!tr ol:• _ .,'...;:. 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And acid granter hereby covenants to end With said irantee and!renter's heirs,auccessars and"Signs;tlrit'•� itf" • - jMMQe id lawfully seized in lea aatp/o of the above gtartfad premises,fret from all ernannbrar,aes ••"'fella: ; • � a Y y grantor trill warrant and forever defend the said Premises and every pert and parcel ebereoi yairwt the iar{ul..._. t • Ire -pi 1,'4 and deruerds of alt-poisons whomsoever,'except those claiming under the above described enxrmbranom::' .-:.:..:14.1.:"...7.;:;. y Y vll�+ • TM free and actual consideration paid for this transfer,;tared ati sauna oaf dotlari;la.l.:. .D0:. _°::t= F'•KA3. am"�� .r:_ ....:.J ....a...d+.;tie... e...•.ui= .,l ,. !ar•rrtdt...'ndrr X4,7 ". ,v�.•` - fn cvnstroiryt this dead and wham the context i o requiree,the singular includes the'pasha!anJ di graafasefiC�L:'; changes shall he implied to make the pro'leions hereof epp1Y oquaWWy to cotpp�O►►atidno and tolrtdlrfdtiahs. .•.i"r• ▪ i',.1- i "•Ira Witnma Whereof,the grantor has executed this inetertmart this '�,9:_day o1.-,-4 Pd).::-:: == ▪::,1 `-t: S.lt • .• ,, 4F' it a aotpbrete'grantor,it has caused ifs name to*signed and seal affixed by its officer!,duty.euthodaed fhtirsIo B7: ' _ ' ..7.7.:. • I ar_ order of fts hoard of directors. e % .:T. :itre.ur�.wrt►`•„`"'"' X.-ea/ ••G...-._ Sim x:......�..; . .-, _ Oiuriit `:. •• �� 7_Y.' a. _M .f• ram° '� •STATE or on N, S•IATE'OF_ORSQON—Ctuar!'t- ' . . ,..•.r•._) ;:7: .: Pai.otadly.OFF.aret__ ....,...c,1 ,';---,. 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Ulu'aft•tr•:' ...4...-`47.V:;e:LT.:Zi;t:f ..it•la:Z■L+4..•14ZI.'4't•'`,•7.4.- -• .•'- •-s•.-'` -'r FROM :503 795 7577 503 795 7577 1997 '18-06 13:06 #B00 P.02/03 * THANK YOU FOR USING FIRST AMERICAN TITLE * Washington County *****, ************************************, ************************************* * * OWNERSHIP INFORMATION * * * Reference Parcel #:15135AD 03000 * * • Parcel Number :80272822 * . * Owner :MYERS MARY M * * CoOwner * * Site Address :10860 SW HALL BLVD TIGARD 97223 * * Mail Address : 3406 NW THATCHER RD FOREST GROVE OR 97116 * * Telephone : 503-357-2978 * * * * • * SALES AND LOAN INFORMATION * * asa * .A. * Transferred: _ Loan Amount: * * Document # :82010521 Lender • * * Sale Price : $32 , 000 • Loan Type . : * * Deed Type * * * * * * • ASSESSMENT AND TAX INFORMATION * * * * * * Land :$44,460 Exempt Amount : * * Structure: Exempt Type _ * * Other Levy Code :02381 * * Total :$44, 460 96-97 Taxes :$620 . 01 * *Improved: * * * * =a»axe. .basaaavaa'a * * PROPERTY DESCRIPTION * * * * * Map Grid: 655 F2 * * Census :Tract 306 . 00 Block 1 * * MillRate: 13 . 8436 * * Sub/Plat :METZGER ACRES * * Land Use:1004 VACANT,RESIDENTIAL * * Legal :METZGER ACRE TRACTS, BLOCK 0, LOT * :PT 1 * . * * * • * * PROPERTY CHARACTERISTICS * * * * * * Bedrooms Lot Acres : Year Built: * * • Lot SqFt : Bldg SqFt : * The Information Provided Is Deemed Reliable, But Is Not Guaranteed. FROM :503 795 7677 503 795 7677 1997 - 3-06 13 06 #600 P.02iO3 * THANK YOU FOR USING FIRST AMERICAN TITLE * Washington County ******************************************************************************** * * * OWNERSHIP INFORMATION * * * * Reference Parcel #:1S135AD 03000 * Parcel Number ;R0272822 * * Owner :MYERS MARY M * * CoOwner * * Site Address :10860 SW HALL BLVD TIGARD 97223 * * Mail Address :3406 NW THATCHER RD FOREST GROVE OR 97116 * * Telephone :503-357-2978 * * * * * * SALES AND LOAN INFORMATION * * a.. * * * * Transferred: Loan Amount: * * Document # :82010521 Lender • * Sale Price ; $32 , 000 Loan Type * * Deed Type * * * * * * ASSESSMENT AND TAX INFORMATION * * * * * * Land :$44,460 Exempt Amount: * * Structure: Exempt Type * * Other Levy Code :02381 * * Total :$44,460 96-97 Taxes :$620 , 01 * * tImproved: * * * * _= .QOM== * * PROPERTY DESCRIPTION * * * * * * Map Grid: 555 F2 * * Census ;Tract 306 .00 Block 1 * * MillRate : 13 . 8436 * * Sub/Plat :METZGER ACRES * * Land Use: 1004 VACANT,RESIDENTIAL * * Legal :METZGER ACRE TRACTS, BLOCK 0, LOT * * :PT 1 * * * * * * * PROPERTY CHARACTERISTICS * * s.= * * * * Bedrooms Lot Acres : Year Built : * * Lot SgFt Bldg SqFt : * :Fie****************************************************************************** The Information Provided Is Deemed Reliable, But Is Not Guaranteed. MEETING NOTICE Mr. and Mrs. Brad Pihas are proposing a subdivision and planned development for site development review of Tax Lot 3000 MAP No. 1S1 1W 35 AD, a 0.45 acre parcel located at 10860 S.W. Hall Boulevard in Tigard, OR. ( See sketch below.) The applicants propose to develop this site in conformance with the Community Development Code of The City of Tigard (Title 18). The project lies within a R-12 zoning district and the proposed five lot single family detached units are a permitted use. Prior to applying to The City of Tigard for the necessary permits, the applicants would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: THURSDAY, DECEMBER 26, 1996 RED ROCK CREEK ROOM 13125 S.W. HALL BLVD. TIGARD,OR, 07223 7:00 p.m. PROJECT DEVELOPER CONTACT: V&M CONSULTING ENGINEERS PHONE NUMBER: 503-639-3956 Please note: This is an informal meeting on the preliminary plans. These plans may be altered prior to the submittal of the appliication to the City. • Name of applicant M' 1' ‘,64-841944.512.(- Subjec Property: Tax Map and Lct # 1 5 1 3 S 3ock. Address or General Location 1 0 SO 5 J 11 I vr+ • AFFIDAVIT OF POSTING NOTICE I. G A-.3 MAK►da do affirm that I am (represent) the party initiating interest In a proposed 44_.Ab 13%10 I 1 a n affecting the land located at I ogee(' ' (-43 - CL Q 131 and did on the oI day of tD e eery' 19e--4( , 19 personally post notice indicating tha: the site may be proposed fora I a-''■d d I V i 5j;a ri application. and the time, date and place of neighborhood meeting to discuss the proposal. The sign was posted at 1t) S w +A cue i l vci (stare location on property) This 13 ' day of D e cett.►bmr. 19 q° Signature �yh Subsibed and sworn to. affirmed. before me this ,day of-----/;06 Fy t,'by , 19 _(n (—% .f7L 1%l ( 1�= Notary Public for the Sate o on r f,!. OFFICIAL VAC My Ccmmission Expires: / " 7/ ffl "! "-,�' NODTON P UCB LSGOWO N COMMISSION NO-.046312 (�l J i MY COMMISSION EXPIRES AUG.16,1999(i WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: City of Tigard Planning Division 13125 SW Hail Blvd. Tigard. OR 97223 login\1°\PcstIcr--~t AFFIDAVIT OF MAILING STATE OF OREGON SS CITY OF TIGARD ) 1, Vr tceltC1NOO , being duly sworn, depose and say that on IN 6W'e'"^L'Q-g-- 3° , 19 /4 . I caused to have mailed to each of the persons on the attached list a notice of a meeting to discuss a proposed development at 10 8'6 O s w fM Ji &i I. , a copy of which notice so mailed is attached hereto and made a part of hereof. 1 further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office at !I4tt►d; Cr gvtt , with postage prepaid thereon. Signature Subscribed and sworn to before me this day of , 19 = (-7-zz,t ._ a • OFFICIAL SEAL DONNA C.SEDGWICK �) otary Public f; " "'" ` NOTARY PUBLIC-OREGON O My Commission Expires: l� /((i �Y COMMISSION OEXPIRES O AUG.12 1 6, 999 h:\Icc,in\jo\aifrnaii.c t 4ST AMEBIC First American Title Insurance Company of Oregon An assumed business name of TITLE INSURANCE COMPANY OF OREGON BRAD PIHF July 10, 1997 ATTN: BRAD 15455 HALLMARK DR. SUITE 100 LAKE OSWEGO, OR 97035 We appreciate this opportunity to be of 1 '111:1111 service to you. If you have any questions `l regarding this report, please call: • SCOTT 790-7874 re- First American Title Insurance Company of Oregon 1700 SW Fourth Avenue, Suite 102 Portland, OR 97201-5512 Phone: (503) 222-3651 Fax: (503) 790-7872 This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds;indiscriminate use only benefitting intermediaries will not be permitted. Said services may be discountinued. No liability is assumed for any errors in this report. = M E T R O S C A N P R O P E R T Y R E P O R T = Washington (OR) County ***************************************** * Date : 07/10/97 * Time : 8 : 09 : 49 * Report Type : User Format * Sort Type : Parcel Number * Target Properties Selected: 11 ***************************************** ********************* * SEARCH PARAMETERS * ********************* ********************************************************************* * ITEMS SELECTED INDEX USED ********************************************************************* * * 1S135AA 03200 Reference Parcel * 1S135AA 03201 * 1S135AA 03300 * * 1S135AA 03400 * * 1S135AA 03500 * 1S135AD 00700 * * 1S135AD 00500 * * 1S135AD 00400 * * 1S135AD 00200 * 1S135AD 00100 * 1S135AD 00301 ********************************************************************* Page 1 * 1 * First American/Washington Owner : KINDRICK ALFRED R;HATTIE M Parcel : R0271280 Site : 8509 SW PINE ST PORTLAND 97223 Xferd: 06/01/92 Mail : 10565 SW 85TH AVE PORTLAND OR 97223 Price : $59 , 900 Use : 1014 RES, IMPROVED Land: $47 , 500 Telephone : 503-244-4001 Thomas Bros : 655 F2 Imp : $49 , 320 Map and Tax Lot : 1S135AA 03200 96-97 Tax: $1 , 190 . 09 Bedrm: 2 Bth: 1 . 00 YB: 1950 Lot Sqft : Bldg Sf : 881 Ac : * 2 * First American/Washington Owner : DAVIS MICHAEL A Parcel : R0271299 Site : 8535 SW PINE ST PORTLAND 97223 Xferd: Mail : 8535 SW PINE ST PORTLAND OR 97223 Price : $68 , 500 Use : 1014 RES, IMPROVED Land: $47 , 500 Telephone : 503 -245-3978 Thomas Bros : 655 F2 Imp : $76 , 640 Map and Tax Lot : 1S135AA 03201 96-97 Tax: $1, 525 . 92 Bedrm: 3 Bth: 2 . 00 YB : 1967 Lot Sqft : Bldg Sf : 1 , 228 Ac : * 3 * First American/Washington Owner: WHEELHOUSE DAVID M Parcel : R0271306 Site : 8609 SW PINE ST PORTLAND 97223 Xferd: Mail : 7929 SW 40TH AVE #N PORTLAND OR 97219 Price : Use : 1012 RES, IMPROVED Land: $47, 030 Telephone : Thomas Bros : 655 F2 Imp : $83 , 760 Map and Tax Lot : 1S135AA 03300 96-97 Tax: $1, 607 . 65 Bedrm: 4 Bth: 2 . 00 YB : 1950 Lot Sqft : Bldg Sf : 1 , 560 Ac : * 4 * First American/Washington Owner : DORTLAND SHERRY A Parcel : R0271315 Site : 10580 SW HALL BLVD TIGARD 97223 Xferd: Mail : 10580 SW HALL BLVD TIGARD OR 97223 Price : Use : 1014 RES, IMPROVED Land: $42 , 750 Telephone : 503-245-7127 Thomas Bros : 655 F2 Imp : $56, 410 Map and Tax Lot : 1S135AA 03400 96-97 Tax: $1, 218 . 85 Bedrm: 2 Bth: 1 . 00 YB: 1950 Lot Sqft : Bldg Sf : 1 , 000 Ac : * 5 * First American/Washington Owner: HILL RONALD A Parcel : R0271324 Site : 10550 SW HALL BLVD TIGARD 97223 Xferd: 06/05/89 Mail : 10550 SW HALL BLVD TIGARD OR 97223 Price : $49 , 500 Use : 1014 RES, IMPROVED Land: $42 , 750 Telephone : 503-245-3728 Thomas Bros : 655 F2 Imp : $51 , 150 Map and Tax Lot : 1S135AA 03500 96-97 Tax: $1 , 154 . 21 Bedrm: 2 Bth: 1 . 00 YB : 1950 Lot Sqft : Bldg Sf : 848 Ac : * 6 * First American/Washington Owner: MANOVILL CAROLYN Parcel : R0272289 Site : 8504 SW PINE ST TIGARD 97223 Xferd: 06/25/96 Mail : 8504 SW PINE ST TIGARD OR 97223 Price : $134 , 250 Use : 1014 RES, IMPROVED Land: $47 , 500 Telephone : Thomas Bros : 655 F2 Imp: $87 , 190 Map and Tax Lot : 1S135AD 00100 96-97 Tax: $1 , 655 . 59 Bedrm: 3 Bth: 2 . 00 YB: 1952 Lot Sqft : 11 , 761 Bldg Sf : 1 , 622 Ac : . 27 * 7 * First American/Washington Owner : FARANCE MARGARET D TR Parcel : R0272298 Site : 8510 SW PINE ST PORTLAND 97223 Xferd: 01/04/96 Mail : 1222 SW MAPLECREST DR PORTLAND OR 97219 Price : Use : 1014 RES, IMPROVED Land: $47 , 500 Telephone : 503-244-5048 Thomas Bros : 655 F2 Imp : $47 , 980 Map and Tax Lot : 1S135AD 00200 96-97 Tax: $1 , 173 . 63 Bedrm: 2 Bth: 1 . 00 YB : 1952 Lot Sqft : 11 , 325 Bldg Sf : 737 Ac : . 26 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. * 8 * First American/Washington * .Owner: HOGREFE OWEN;MARILYN Parcel : R0272314 Site : 10670 SW HALL BLVD PORTLAND 97223 Xferd: Mail : 13045 SW HEATHER CT BEAVERTON OR 97008 Price : Use : 1014 RES, IMPROVED Land: $55 , 580 Telephone : 503-526-8825 Thomas Bros : 655 F2 Imp : $25 , 270 Map and Tax Lot : 1S135AD 00400 96-97 Tax: $993 . 82 Bedrm: 2 Bth: 1 . 00 YB : 1947 Lot Sqft : Bldg Sf : 904 Ac : * 9 * First American/Washington * Owner : HIRNING DOROTHY Parcel : R0272323 Site : *NO SITE ADDRESS* Xferd: Mail : 6325 SW 90TH AVE PORTLAND OR 97223 Price : Use : 1004 VACANT, RESIDENTIAL Land : $64 , 980 Telephone : 503-292-4757 Thomas Bros : Imp : Map and Tax Lot : 1S135AD 00500 96-97 Tax: $906 . 16 Bedrm: Bth: YB : Lot Sqft : 33 , 541 Bldg Sf : Ac : . 77 * 10 * First American/Washington * Owner : LEU GAYLE TRUSTEE Parcel : R0272341 Site : 10725 SW 85TH AVE PORTLAND 97223 Xferd: 10/13/94 Mail : 9980 SW BONNIE BRAE DR BEAVERTON OR 97008 Price : Use : 1014 RES, IMPROVED Land: $47, 500 Telephone : 503 -626-0481 Thomas Bros : 655 F2 Imp : $64 , 640 Map and Tax Lot : 1S135AD 00700 96-97 Tax: $1, 378 .41 Bedrm: 3 Bth: 2 . 00 YB : 1934 Lot Sqft : Bldg Sf : 1 , 828 Ac : * 11 * First American/Washington * Owner: FRALEY DONALD L; SHIRLEY M Parcel : R1026865 Site : 8612 SW PINE ST PORTLAND 97223 Xferd: 11/04/93 Mail : 549 NW QUEENS CT HILLSBORO OR 97124 Price : $57, 600 Use : 1014 RES, IMPROVED Land: $47, 500 Telephone : 503 -640-9517 Thomas Bros : 655 F2 Imp : $74 , 800 Map and Tax Lot : 1S135AD 00301 96-97 Tax: $1, 503 . 30 Bedrm: 3 Bth: 1 . 00 YB : 1980 Lot Sqft : 6 , 969 Bldg Sf : 1 , 247 Ac : . 16 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. • ********************* * CURRENT * * SALE STATISTICS * ********************************************************************* * Average Sale Price * * Average Loan Amount : * * * * Number of sales in last year * * Number of sales in last 6 months : * * * * Note : Average Sale Price and Loan Amounts are calculated on * * sales within the last year. * ********************************************************************* ******************* * Farm Statistics * ******************* ****************************************** * * * Owner Occupied : 4 * * Absent Owner : 7 * * * * Average square footage : 1 , 185 * * Average # of bedrooms : 3 * * Average # of bathrooms : 1 . 00 * * Average year built : 1953 * * * ****************************************** WASHINGTON COUNTY LAND USE AND TRANSPORTATION SURVEYOR'S OFFICE SZTg ,wISION PLAT NAMING I request that the Washington County Surveyor's Office reserve the following subdivision name: PROPOSED NAME OF SUBDIVISION: f"1yerMAP AND TAX LOT NUMBER: /5y 3; lI D Z ci .3000 CITY JURISDICTION (Which City?) 7730-rd�i D z7 OR COUNTY JURISDICTION: �� II /� SURVEYOR'S NAME: g/,d /c d- !(/lu„It OWNER'S NAME: ra d f,4ac I understand that if the name is not used within two years, it will be automatically canceled. Name of person reserving name: Address: 623 .5W 1//. Telephone number: 94'4 90/3 Fax number: 64'6 36,9 Signature: 6111.44x- P�— Date: 'J 7 Name approved Washington County Surveyor's Office 155 North First Avenue, Suite 350-15 Hillsboro, OR 97123 Fax: 681-2909 F:\SHARED\SURVEY\WPSHARE\SUBNAME.DOC After Recording Return To: HMP Enterprises, Inc. 16869 S.W. 65th Avenue, Suite 228 Lake Oswego, OR 97035-7865 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR Myers Estates Table of Contents ARTICLE I DEFINITIONS 1 - 2 ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 3 2.1 Entire Development 3 2.2 Consolidation of Lots 3 ARTICLE III PROPERTY RIGHTS IN LOTS 3 3.1 Use and Occupancy 3 3.2 Easements Reserved 3 (a) Right of Entry 3 ( b ) Utility Easements 3 (c) Common Area 3 3.3 Conveyance of Common Areas 3 ARTICLE IV USE AND ARCHITECTURAL RESTRICTIONS 3 4.1 Structures Permitted 3 4.2 Residential Use 3 4.3 Offensive or Unlawful Activities 4 4.4 Maintenance of Improvements 4 4.5 Parking 4 4.6 Vehicles in Disrepair 4 4.7 Rubbish and Trash 4 4.8 Construction of Improvements 4 4.9 Temporary Structures 4 4.10 Setback, Maximum Height and Minimum Yard Requirements 5 4.11 Animals 5 4.1 2 Street Trees 5 ARTICLE V OWNERS'COMMITTEE 5 5.1 Address 5 5.2 Composition 5 5.3 Maintenance of Common Area 6 5.4 Assessments 6 5.5 Insurance 6 5.6 Covenant to Pay 6 ARTICLE VI ENFORCEMENT 7 6.1 Use of Common Area 7 6.2 Nonqualifying Improvements and Violation of General Protective Covenants 7 (a) Remove Cause of Violation 7 ( b ) Suit or Action 7 6.3 Default in Payment of Assessments; Enforcement of Lien 7 (a) Suspension of Rights; Acceleration 7 ( b ) Lien 8 (c) Suit or Action 8 (d) Other Remedies 8 6.4 Notification of First Mortgage 8 6.5 Subordination of Lien to Mortgages 8 6.6 Interest, Expenses and Attorneys' Fees 8 6.7 Nonexclusiveness and Accumulation of Remedies 8 ARTICLE VII MISCELLANEOUS PROVISIONS 9 7.1 Amendment and Repeal 9 7.2 Regulatory Amendments 9 7.3 Duration 9 7.4 Joint Owners 9 7.5 Lessees and Other Invitees 1 0 7.6 Nonwaiver 10 7.7 Severability 10 7.8 Number 10 7.9 Captions 10 7.1 0 Notices and Other Documents 1 0 (a) Addresses 1 0 ( b ) Change of Address 1 0 7.11 Mortgage of Common Area 1 0 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MYERS ESTATES THIS DECLARATION is made this day of , 1997, by ("Declarant") Recitals: A. Concurrently with the recordation of this Declaration, Declarant has recorded the plat of (the "Plat") in the plat records of Washington County, Oregon in connection with the development of a planned community to be known as "Myers Estates". Declarant hopes to create in Myers Estates a community which will provide an attractive place to live. B. Declarant desires to subject the property described in the Plat to the easements, covenants, conditions, restrictions and charges set forth in this Declaration for the benefit of such property and its present and subsequent owners. Declaration: NOW, THEREFORE, Declarant hereby declares that the property described in the Plat shall be held, sold and conveyed subject to the following easements, convenants, conditions, restrictions and changes, which shall run with such property and shall be binding upon all parties having or acquiring any right, title or interest in such property or any part thereof and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS As used in this Declaration, the terms set forth below shall have the following meanings: 1 .1 "City" means the City of Tigard, Oregon. 1 .2 "Common Area" means the driveway established for ingress and egress which includes the curbs and no parking signs. 1 .3 "County" means Washington County, Oregon. 1 .4 "Declarant" means HMP Enterprises, Inc., and its successors and assigns of such successor or assignee should acquire (i) Declarant's interest in the Property or (ii) all of Declarant's rights under this Declaration pursuant to a recorded instrument executed by Declarant. 1 .5 "Improvement" means every structure or improvement of any kind, including but not limited to landscaping and any residence, fence, driveway, antenna, satellite dish, storage shelter or other product of construction efforts on or in respect to the Property. 1 .6 "Living Unit" means a building located upon a Lot and designated for separate residential occupancy. 1 .7 "Lot" means a platted or partitioned lot or tract within the Property. 1 .8 "Manufactured Dwelling" has the meaning given at ORS 446.003 (26) (a), as amended from time to time. Without limiting the generality of the foregoing, Manufactured Dwelling includes a residential trailer, a mobile home, and a manufactured home that is designed for travei on public highways and used for residential purposes. 1 .9 "Mortgage" means a mortgage or a trust deed; "mortgagee" means a morgagee or a beneficiary of a trust deed' and "mortgagor" means a mortgagor or a grantor of a trust deed. 1 .10 "Owner" means the person or persons, including Declarant, owning any Lot (including the holder of a vendee's interest under a land sale contract), but does not include a tenant or holder of a leasehold interest or a person holding only a security interest in a Lot (including the holder of a vendor's interest under a land sale contract). The rights, obligations and other entitlements granted to or imposed upon an Owner commence upon acquisition of the ownership of a Lot and terminate upon disposition of such ownership, but termination of ownership shall not discharge an Owner from obligations incurred prior to termination. 1 .11 "Owners' Committee" or "Committee" means the committee formed or to be formed to serve as provided in this Declaration and such committee's successors or assigns. 1 .1 2 "Plat" shall have the meaning given in Recital A to this Declaration. 1 .1 3 "Property" means the property legally described on the attached Exhibit A. 1 .14 This Declaration" means all of the easements, covenants, conditions, restrictions and charges set forth herein, as the same may be amended from time to time in accordance with the provisions hereof. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 2.1 Entire Development. Declarant hereby declares that all of the real property described below is owned and shall be owned, conveyed, hypothecated, encumbered, used, occupied and improved subject to this Declaration: All of that certain real property located in the City of Tigard, Washington County, Oregon, legally described on the attached Exhibit A. ARTICLE III PROPERTY RIGHTS IN LOTS 3.1 Use and Occupancy. Except as otherwise expressly provided in this Declaration or in the Plat, the Owner of a Lot shall be entitled to the exclusive use and benefit of such Lot. 3.2 Easement Reserved. In addition to any utility and drainage easements shown on the Plat, Declarant hereby reserves the following easements for the benefit of Declarant and the Committee: (a) Right of Entry. Declarant, the Committee, and their respective representatives may at any reasonable time, and from time to time at reasonable intervals, enter upon any Lot for the purpose of determining whether or not the use of and/or Improvements on such Lot are then in compliance with this declaration. No such entry shall be deemed to constitute a trespass or conversion or otherwise create any right of action in the Owner of such Lot. ( b ) Utility Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved, as shown on the Plat. The easement area of each Lot and all Improvements therein shall be maintained continuously by the Owner of the Lot, except for those Improvements for which a public authority or utility company is responsible. (c ) Common Area. Every Owner has a right and easement of enjoyment to the Common Area, which is appurtenant to the title of each Lot. 3.3 Conveyance of Common Areas. Concurrently with the first conveyance of a Lot to a person other than Declarant, Declarant shall convey an equal undivided common ownership interest in the Common Area to each of the Owners. ARTICLE IV USE AND ARCHITECTURAL RESTRICTIONS 4.1 Structures Permitted. Except to the extent expressly provided in this Declaration, no Improvements shall be erected or permitted to remain on any Lot except Improvements containing Living Units and Improvements normally accessory thereto, and only one Living Unit shall be permitted on any Lot. The foregoing provision shall not preclude construction of a private greenhouse, storage unit, private swimming pool, structure for the storage of a boat and/or camping trailer for personal use, or other outbuilding, provided the Improvement is in conformance with the other provisions of this Declaration and applicable City and County regulation agreement's, or land use approvals and is compatible in design and decoration with the Living Unit constructed on such Lot and has been approved by the Committee. Notwithstanding any other provision in the Declaration, no Manufactured Dwelling shall be erected or permitted to remain on any Lot. If any Manufactured Dwelling, the Committee shall have all rights and remedies set for the in Section 6.2, as well as all rights and remedies available elsewhere in this Declaration and at law and in equity. 4.2 Residential Use. Lots shall be used only for residential purposes in accordance with, and subject to, the other provisions of this Declaration. Except with the consent of the Committee, and as allowed by applicable City and County ordinances, agreements, or land use approvals, no trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any Lot, nor shall any goods, equipment, vehicles, material or supplies used in connection with any trade, service, or business be kept or stored on any Lot. Nothing in this Section 4.2 shall be deemed to prohibit (a) activities relating to the rental or sale of Living Units, (b) the right of Declarant or any contractor or home builder to construct Living Units on any Lot and to store construction materials and equipment on such Lots in the normal course of construction in accordance with the other provisions of this Declaration, and (c) the right of an Owner to maintain his professional personal library, keep his personal business or professional records or accounts, handle his personal business or professional telephone calls or confer with business or professional associates, clients or customers, in his Living Unit. 4.3 Offensive or Unlawful Activities. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done or placed on any Lot which interferes with or jeopardizes the enjoyment of other Lots, or which is a source of annoyance to residents of the Property. Without limitation of the foregoing, no noxious or offensive odors shall be permitted to emanate form a Lot to other Lots. No unlawful use shall be made of a Lot or any part thereof, and all laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction over the Property shall be observed. Without limiting the generality of the foregoing, no heat pump or other heating, ventilating, or air conditioning equipment, the operation of which produces noise at a level higher than 80 decibels, shall be allowed on or in any Lot or Living Unit. 4.4 Maintenance of Improvements. Each Owner shall maintain the improvements located on the Owner's Lot in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Such maintenance shall include, without limitation, painting (which shall be limited to earth tones only), repair, replacement and care for roofs, gutters, downspouts, exterior improvements and glass surfaces. Damage caused by fire, flood, storm, earthquake, riot, vandalism, or other causes shall likewise be the responsibility of each Owner and shall be restored within a reasonable period of time. 4.5 Parking. Subject to Section 4.1, parking of boats, trailers, trucks, truck campers, recreational vehicles or equipment, or similar vehicles or equipment is permitted only upon a Lot in a covered enclosed permanent structure. The no parking area so designated in the covenants for approval shall be strictly adhered to for public safety. 4.6 Vehicles in Disrepair. No Owner shall permit any vehicle which is in an extreme state of disrepair to be abandoned or to remain parked upon any Lot for a period in excess of 48 hours. A vehicle shall be deemed in an "extreme state of despair" when the Committee reasonably determines that its presence offends the occupants of adjoining Lots. Should any Owner fail to remove such vehicle within five days following the date on which notice is mailed to such Owner by the Committee, the Committee may have the vehicle removed from the Property and charge the expense of such removal to the Owner. 4.7 Rubbish and Trash. No Lot shall be used as a dumping ground for trash or rubbish of any kind. All garbage and other debris and waste shall be kept in appropriate sanitary containers for proper disposal and out of public view. If any default under this section 4.7 exists for a period longer that ten days after written notice of such default is mailed to the responsible Owner by the Committee, the Committee shall have in addition to any other rights under this Declaration, or at law or in equity, the remedies specified in Section 6.2. 4.8 Construction of Improvements. The construction of an Owner's Living Unit or any other building, including painting and all exterior finish, shall be completed within one year from the beginning of construction so as to present a finished appearance when viewed from any angle. In the event of undue hardship due to weather conditions, these periods may be extended for a reasonable length of time upon written approval from the Committee. The building area shall be kept reasonably clean and in workmanlike order during the construction period. All construction activities shall be in conformance with construction rules that may be adopted from time to time by the Committee. 4.9 Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently. 4.10 Setback, Maximum Height and Minimum Yard Requirement. Each Lot shall be subject to (a) the setback, maximum height and minimum yard requirements shown on the Plat or which are established by the County, City or other governmental entity with jurisdiction over each such Lot and (b) any land use review procedure established by the City or other governmental entity with jurisdiction over such Lot for review and approval of variance form such requirements. 4.11 Animals. No animals of any kind shall be raised, bred or kept or permitted within any Lot other than a reasonable number of household pets which are reasonably controlled so as not to be a nuisance and are kept subject to the provisions of Section 4.3. Any inconvenience, damage or unpleasantness caused by such animals shall be the responsibility of the retrospective owners thereof. ARTICLE V OWNERS'COMMITTEE 5.1 Address. The initial address of the Committee shall be: Owners' Committee for Myers Estates c/o HMP Enterprises, Inc. 16869 SW 65th Ave., Suite 228 Lake Oswego, OR 97035-7865 The committee may change its address from time to time by notifying each Owner. 5.2 Composition. The Committee initially shall be comprised of HMP Enterprises, Inc. and/or such other persons appointed from time to time by Declarant, and such persons shall remain in office until the earlier of (i) five years from the date of recording of this Declaration; (ii) the date on which eighty percent (80%) of the Lots have been conveyed by Declarant to Owners; or (iii) resignation of HMP Enterprises, Inc. or Declarant's appointee(s) and appointment of their successors. Form and after relinquishment of Declarant control, the Committee shall be comprised of one or more Owners appointed by the majority of the Owners responding to Declarant's written notice requesting appointment of members to the Committee. At three-year intervals commencing upon appointment of Owner(s) other than Declarant to the Committee, the then members of the Committee shall circulate to all Owners a written notice requesting appointment of members to the Committee, and the Committee shall be comprised of one or more of the Owners appointed by the majority of the Owners responding to such notice. Declarant shall have no responsibility or liability for maintaining the active status of the Committee. In the event of the death or resignation of any member of the Committee prior to the time when Owners other than Declarant are vested with the authority to appoint such member's successor. In the event of the death or resignation of any member of the Committee after the date on which Owners other than Declarant are vested with the authority to appoint committee members, a new representative may be appointed by the majority of the Owners. The term of office of Committee members shall run no more than three (3) years, but may be repeated indefinitely if an incumbent member is appointed as provided in this Section 5.2. 5.3 Maintenance of Common Area. The Committee, in addition to its other responsibilities under this Declaration, shall be responsible for the maintenance, repair, and replacement of the Common Area. Maintenance of the Common Area shall include maintaining, repairing, and replacing trees and bushes in a neat, clean, and attractive condition. The streets and curbs shall be kept in good condition and repair pursuant to city standards. Neither the Committee nor its members or representatives shall be liable to any Owner for any damage, loss, or prejudice suffered or claimed on account of any action or failure to act by the Committee and its members or representatives have acted in good faith and in accordance with the actual knowledge possessed by it or them. 5.4 Assessments. Not less often than annually, the Committee shall inventory all items within the Common Area of Myers Estates which require repair, maintenance, or replacement, if any, and shall prepare an annual operating budget setting forth the estimated expense for such repair, maintenance, and replacement and the expense of the insurance set forth in Section 5.5, as well as appropriate reserves for future requirements. The Committee shall access each Owner in an equal amount determined by dividing the aggregate amount of the annual operating budget by the number of Lots. In the event that actual expense incurred in repairing, maintaining, and replacing or otherwise in connection with the ownership of the Common Area exceeds the amount of the annual operating budget, the Committee shall have the authority to levy one or more additional assessments in the manner set forth in this Section 5.4 to cover such additional expense. Notwithstanding any provision to the contrary in this Section 5.4, the Committee may assess a Lot for the full amount of any common expense, the incurring of which is unquestionably attributable to the negligence or willful misconduct of an Owner or his family members or invitees. The Committee shall, not less than annually, provide written notice to each Owner of the amount of the assessment(s) for such Lot calculated in accordance with this Section 5.4. Assessments shall be due and payable to the Committee on or before the date set forth in the notice which shall be not less than 30 days after the notice is mailed. 5.5 Insurance. The Committee shall obtain and maintain public liability insurance with minimum limits of no less than $300,000.00 with respect to the Common Area. Each Owner shall contribute to the expense of such insurance in the manner set forth in Section 5.4 and such expense shall constitute a portion of the assessments. 5.6 Covenant to Pay. Declarant, for each Lot owned by it, does hereby covenant, and each Owner by acceptance of a conveyance thereof, whether or not so expressed in any such conveyance, shall be deemed to covenant, to pay to the Committee all assessments or other charges as may be fixed, established, and collected from time to time in the manner provided in this Declaration. Such assessments and charges shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment or charge is made. If an assessment or other charge levied under this Declaration is not paid within 30 days after its due date, the Committee shall have a lien against each Lot for any such assessment or other charge levied against such Lot from the date on which the assessment or other charge is due. The lien shall be foreclosed in the manner provided in Chapter 88 of the Oregon Revised Statutes for the foreclosure of liens generally; provided, however, that any such lien shall be subordinate to any first mortgage or deed of trust financing on such Lot. The unpaid amount of any assessment or other charge shall bear interest at the rate set forth in Section 6.6 from the date of written demand for payment. ARTICLE VI ENFORCEMENT 6.1 Use of Common Area. In the event any Owner shall violate any provision of this Declaration, the Committee may notify the Owner in writing that the violations exist and that such Owner is responsible for them, and may, after affording the Owner reasonable notice and opportunity to be heard, do any or all of the following: (a) Suspend the Owner's voting rights for the period that the violations remain unabated, (b) impose reasonable fines upon the Owner, in the manner and amount the Committee deems appropriate in relation to the violation, which fines shall be paid into an account for the expenses of the Committee, or (c) bring suit or action against such Owner to enforce this Declaration. Nothing in this Section 6.1, however, shall give the Committee the right to deprive any Owner of access to and from such Owner's Lot. 6.2 Nonqualifying Improvements and Violation of General Protective Covenants. In the event any Owner constructs or permits to be constructed on such Owner's Lot an Improvement contrary to the provisions of this Declaration, or causes or permits any Improvement, activity, condition or nuisance contrary to the provisions of this Declaration to remain uncorrected or unabated on such Owner's Lot, then the Committee, acting through its members, may notify the Owner in writing of any such specific violations of this Declaration and may require the Owner to remedy or abate the same in order to bring the Owner's Lot, the Improvements thereon and the Owner's use thereof into conformance with this Declaration. If the Owner is unable or unwilling to comply with the Committee's specific directives for remedy or abatement, or the Owner and the Committee cannot agree on a mutually acceptable solution within the framework and intent of this Declaration, after the Owner has been afforded notice and opportunity to be heard, within 60 days after such notice, then the Committee shall have, in addition to any other rights or remedies provided in this Declaration, at law or in equity, the right to do any or all of the following: (a) Remove Cause of Violation. Enter the offending Lot (which entry shall not subject the members of the Committee or any agent or representative thereof to liability for trespass, conversion or any other claim for damages) and remove the cause of such violation, or alter, repair or change the item which is in violation of the Declaration in such a manner as to make it conform thereto, in which case the Committee may assess such Owner for the entire cost of the work done, which amount shall be applied to defray the cost of such work, provided that no items of construction shall be altered or demolished in the absence of judicial proceedings; and/or ( b ) Suit or Action. Bring suit or action against the Owner to enforce this Declaration. 6.3 Default in Payment of Assessments; Enforcement of Lien. If an assessment or other charge imposed under this Declaration is not paid within 30 days after the date of the assessment or charge, such assessment or charge shall become delinquent and shall bear interest from the date of the assessment or charge until paid at the rate set forth in Section 6.6 and, in addition, the Committee may exercise any or all of the following remedies: (a) Suspension of Rights; Acceleration. The Committee may suspend such Owner's voting rights until such amounts, plus other charges under this Declaration,are paid in full and may declare all remaining periodic installments of any assessment or any other amounts owed by such Owner to the Committee immediately due and payable. In no event, however, shall the Committee deprive any Owner of access to and from such Owner's Lot. ( b ) Lien. The Committee shall have a lien against each Lot for any assessment levied against such Lot and any other charges imposed under this Declaration against the Owner of the Lot as provided in Section 5.5. (c) Suit or Action. The Committee may bring an action to recover a money judgment for unpaid assessments and charges under this Declaration without foreclosing or waiving the lien described in Section 6.3 (b). Recovery on any such action, however, shall operate to satisfy the lien, or the portion thereof, for which recovery is made. (d) Other Remedies. The Committee shall have any other remedy available to it by law or in equity. 6.4 Notification of First Mortgagee. The Committee shall notify any first mortgagee of any individual Lot of any default in performance of the terms of this Declaration by the Owner of such Lot which is not cured within 60 days. 6.5 Subordination of Lien to Mortgages. The lien for the assessments or charges provided for in this Declaration shall be subordinate to the lien of any first Mortgage on such Lot which was made in good faith and for value. Sale or transfer of any Lot shall not affect the assessment lien, provided that the sale or transfer of any Lot which is subject to a mortgage pursuant to a decree of foreclosure thereunder or pursuant to a proceeding, deed or assignment in lieu of foreclosure shall extinguish the lien of an assessment. Any such sale or transfer, however, shall not release the Lot from liability for any assessments of charges thereafter becoming due or from the lien of such subsequent assessments or charges. 6.6 Interest, Expenses and Attorneys' Fees. Any amount not paid to the Committee when due in accordance with this Declaration shall bear interest from the due date until paid at a rate three percentage points per annum above the prime rate offered by Wells Fargo Bank of Oregon as of the due date therefor, or at such other rate as may be established by the Committee, but not to exceed the lawful rate of interest under the laws of the State of Oregon. A late charge may be charged for each delinquent assessment in an amount established from time to time by resolution of the Committee not to exceed 30% of such assessment. In the event the Committee shall file a notice of lien, the lien amount shall also include the recording fees associated with filing the notice, and a fee for preparing the notice of lien established from time to time by resolution of the Committee. in the event the Committee shall bring any suit or action to enforce this Declaration, or to collect any money due hereunder or to foreclose a lien, the Owner- defendant shall pay to the Committee all costs and expenses incurred by the Committee in connection with such suit or action, including a foreclosure title report, and the prevailing party in such suit or action shall recover such amount as the court may determine to be reasonable as attorneys' fees and expenses of litigation at trial and upon an appeal or petition for review thereof. 6.7 Nonexclusiveness and Accumulation of Remedies. An election by the Committee to pursue any remedy provided for violation of this Declaration shall not prevent concurrent or subsequent exercise of any other remedy permitted hereunder. The remedies provided in this Declaration are not exclusive, but shall be in addition to all other remedies, including actions for damages and suits for injunctions and specific performance, available under applicable law to the Committee. In addition, any aggrieved Owner may bring an action against another Owner or the Committee to recover damages or to enjoin, abate, or remedy any violation of this Declaration by appropriate legal proceedings. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 Amendment and Repeal. (a) This Declaration, or any provision hereof, as from time to time in effect with respect to all or any part of the Property, may be amended or repealed (i) by Declarant for as long as Declarant owns at least 25% of the total number of lots or (ii) by the vote or written consent of not less than 75% of the Owners, as well as of Declarant until the end of the sixth month following the conveyance of the last Lot owned by Declarant to a third party. ( b ) Any such amendment or repeal shall become effective only upon recordation in the deed records of the County of a certificate of the Committee setting forth in full the amendment, amendments or repeal so approved and certifying that said amendment, amendments or repeal have been approved in the manner required by this Declaration. 7.2 Regulatory Amendments. Notwithstanding the provisions of Section 7.1, until the conveyance of the last Lot owned by Declarant to a third party, Declarant shall have the right to amend this Declaration in order to comply with the requirements relating to the development of single-family structures of any applicable statute, ordinance, regulation or guideline of the Federal Housing Administration, the Veterans Administration, the Farmers Home Administration of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon which insures, guarantees or provides financing for a single-family residential development or lots in a single-family residential development. 7.3 Duration. This Declaration shall run with the land and shall be and remain in full force and effect at all times with respect to all property included within the Property and the Owners thereof for an initial period of 30 years commencing with the date on which this document is recorded. Thereafter, this Declaration shall continue to run with the land and be and remain in full force and effect at all times with respect to all property within the Property and to the Owners thereof for successive additional periods of ten years each. The continuation from the initial or any additional period into the next following period shall be automatic and shall not require any notice, consent or other action whatsoever; provided, however, that this Declaration may be terminated at the end of the initial or any additional period by resolution approved not less that six months prior to the intended termination date by the vote or written consent of not less than 75% of all Owners, as well as of Declarant until the end of the sixth month following the conveyance of the last Lot owned by Declarant to a third party. This abandonment of the declaration shall be conditioned upon the approval of the city. Any such termination shall become effective only if a certificate of the Committee, certifying that termination as of a specified termination date has been approved in the manner required herein, is duly acknowledged and recorded in the deed records of the County. Such termination shall not have the effect of denying any Owner access to such Owner's Lot unless such Owner and any mortgagee of such Lot have consented in writing to the termination. 7.4 Joint Owners. In any case in which two or more persons share the ownership of any Lot, regardless of the form of ownership, the responsibility of such persons to comply with this Declaration shall be a joint and several responsibilities and the act or consent of any one or more of such persons shall constitute the act or consent of the entire ownership interest; provided, however, that in the event such persons disagree among themselves as to the manner in which any vote or right of consent held by them shall be exercised with respect to a pending matter, any such person may deliver written notice of such disagreement to the Committee, and the vote or right of consent involved shall then be disregarded completely in determining the proportion of votes or consents given with respect to such matter. 7.5 Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering the Property under rights derived from an Owner shall comply with all of the provisions of this Declaration restricting or regulating the Owner's use, improvements or enjoyment of such Owner's Lot and other areas within the Property. The Owner shall be responsible for obtaining such compliance and shall be liable for any failure of compliance by such persons in the same manner and to the same extent as if the failure had been committed by the Owner. 7.6 Nonwaiver. Failure by Declarant, the Committee, or any Owner to enforce any covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right to do so thereafter. 7.7 Severability. Each provision of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision shall not affect the validity or enforceability of the remaining part of that or any other provision. 7.8 Number. As used herein, the singular shall include the plural and the plural the singular, and the masculine and neuter shall each include the masculine, feminine and neuter, as the context requires. 7.9 Captions. All captions used in this Declaration are intended solely for convenience of reference and shall in no way limit any of the provisions of this Declaration. 7.1 0 Notices and Other Documents. All notices and other communications under this Declaration shall be in writing and shall be deemed to have been given on the date of delivery when delivered by personal service, or three business days after delivery to the United States mails, certified or registered mail, return receipt requested, addressed to the party to which such notice is directed at its address determined as provided in this Section 7.10: (a) Addresses. All notices and other communications under this Declaration shall be given to the parties hereto at the following addresses: ( i ) If to an Owner, then to the last address for such Owner shown in the Committee's records. ( b ) Change of Address. Any party hereto may change the address to which notices shall be directed by giving ten days' written notice of such change delivered as provided herein. IN WITNESS WHEREOF, Declarant has executed this declaration this day of , 1997. Myers Estates By J. Bradley Pihas STATE OF OREGON )ss. County of The foregoing instrument was acknowledged before me on this day of 1997, by , who are the developers of Heidi Estates. Notary Public for Oregon My Commission Expires: CITY OF TIGARD Community'Development Shaping A Better Community PROPOSAL DESCRIPTION 120 DAYS=1/3/98 FILE NO(S): SUBDIVISION (SUM 91-0007 PLANNED DEVELOPMENT REVIEW [PDRI 97-0005 ZONE CHANGE [ION]91-0004 FILE TITLE: MYERS ESTATES SUBDIVISION OWNER: Mary Myers APPLICANT: HMP Enterprises (Brad Pihas) 3406 NW Thatcher Road 22151 SW 55th Avenue Forest Grove, OR 97116 Tualatin, OR 97062 (503) 357-2978 REQUEST: A request for the following development applications: 1) Subdivision preliminary plat approval to divide an approximately 20,240 square foot parcel into five (5) lots ranging between 2,700 square feet to 4,180 square feet; 2) Planned Development Review to allow lot sizes less than the minimum 3,050 square feet required by the zone; and 3) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: 10860 SW Hall Boulevard (WCTM 1S135AD, Tax Lot 03000). Located south of SW Spruce Street and north of the "Lucille Estates" Subdivision. ZONE: Residential, 12 Units Per Acre; R-12. The R-12 zone allows single family attached/detached residential units, multiple-family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. APPLICABLE REVIEW CRITERIA: ORS 197; and Community Development Code Chapters 18.32, 18.54, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. CIT: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY DATE COMMENTS DUE: MONDAY - SEPTEMBER 22,1997 STAFF DECISION DATE OF DECISION: X PLANNING COMMISSION DATE OF HEARING: 10/20/97 TIME: 7:30 p.m. HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 p.m. CITY COUNCIL DATE OF HEARING: TIME: 7:30 p.m. PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN X NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER Traffic Impact Study STAFF CONTACT: William D'Andrea, Associate Planner (503) 639-4171, ext. 315. SUB 97-07/PDR 97-05/ZON 97-04 MYERS ESTATES SUBDIVISION PROPOSAUREQUEST FOR COMMENTS July 25, 1997 AIX CITY OF TIGARD Mr. Brad Pihas HMP Enterprises OREGON 22151 SW 55th Avenue Tualatin, OR 97062 Re: Notice of Incomplete Submittal Dear Mr. Pihas: The Planning Division has conducted a preliminary review of Subdivision (SUB) 97-0007, an application for a five (5) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing the application pending submission of the following items and plan notes: 1) Impact Study: An impact study is required per Code Section 18.32.050(51 Application Submittal Requirements: Refusal of an Application. 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; 2) additional application fee of $735.00 for the Planned Development and Zone Change request; 3) a copy of the deed or title transfer instrument for owner verification, including the legal description; 4) affidavits of mailing and posting as outlined in accordance with the neighborhood meeting process handouts you received at the pre-application conference; caliper sizes of existing trees; (F ' subdivision plat name reservation. Applicants 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; and 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Page 1 of 2 7) Section 18.80.080.4.c(ii) allows garage setbacks for single-family attached dwellings. The proposed subdivision provides for detached dwellings. Section 18.80.080.A.4.a states that front yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone. The proposed lots are on the perimeter and would therefore require 15-foot setbacks (the preliminary plans show 8-foot setbacks). If you have any questions, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea, Associate Planner, AICP i:turVnr viUlsub97-07Jtr c: SUB 97-0007 land use file Mr. Pihas 7/25/97 Page 2 of 2 July 25, 1997 CITY OF TIGARD Mr. Brad Pihas HMP Enterprises OREGON 22151 SW 55th Avenue Tualatin, OR 97062 Re: Notice of Incomplete Submittal Dear Mr. Pihas: The Planning Division has conducted a preliminary review of Subdivision (SUB) 97-0007, an application for a five (5) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing the application pending submission of the following items and plan notes: 1) Impact Study: An impact study is required per Code Section 18.32.050(51 Application Submittal Requirements: Refusal of an Application. 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; 2) additional application fee of $735.00 for the Planned Development and Zone Change request; 3) a copy of the deed or title transfer instrument for owner verification, including the legal description; 4) affidavits of mailing and posting as outlined in accordance with the neighborhood meeting process handouts you received at the pre-application conference; 5) caliper sizes of existing trees; 6) subdivision plat name reservation. Applicants 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; and 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Page 1 of 2 7) Section 18.80.080.4.c(ii) allows garage setbacks for single-family attached dwellings. The proposed subdivision provides for detached dwellings. Section 18.80.080.A.4.a states that front yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone. The proposed lots are on the perimeter and would therefore require 15-foot setbacks (the preliminary plans show 8-foot setbacks). If you have any questions, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea, Associate Planner, AICP • c: SUB 97-0007 land use file Mr. Pihas 7/25/97 Page 2 of 2 _ 09/03/97 11:19 `$503 684 7297 CITY OF TIGARD 12001 :i::1:$:$::i::i:$::i:$$::1:$:$::i::i::i:$$:i::c:$:$:i::E::E::E::E: s:i:s ACTIVITY REPORT :i::i::i: s************************** TRANSMISSION OK TX/RX NO. 3439 CONNECTION TEL 503 639 4098 CONNECTION ID START TIME 09/03 11:18 USAGE TIME 01'23 PAGES 2 RESULT OK — 915 / 617-- post-It-brand fax transmittal me 9 • 2ofpages ■ • July 25, 1997 rvi COf ', wow Aw ssam Fax ;ITV OF TIGARD Mr, grad Pihas HMP Enterprises OREGON 22151 SW 55th Avenue Tualatin, OR 97062 Re: Notice of Incom late Submittal Dear Mr. Pihas: The Planning Division has conducted a preliminary review of Subdivision (SUB) 97-0007, an application for a five (5) lot subdivision, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing the application pending submission of tile following items and plan notes: 1) Impact Study. An impact study is required per Code Section 18.32.050(5) Application Submittal Requirements: Refusal of an Application. 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; 2) additional application fee of $735.00 for the Planned Development and Zone 7000 S.W. Hampton Suite 123 Portland, OR 97224 LETTER OF TRANSMITTAL (503) 639-3956 FAX (503) 639-4098 DATE: 9-4-97 JOB NO: 16204 TO City of TiDarc-i ATT ENTION: Will D'Andrea RE: Myers Estates 13125 SW Hall Blvd. Tigarri, OR 97723 RECEIVED 1'JE ARE SENDING YOU: SEP 0 4 1997 ®ATTACHED fl PRINTS ❑PLANS SHOP DRAWINGS CHANGE ORDER E SAMPLES COMMUNITY DEVELOPMENT COPY OF LETTER fl SPECIFICATIONS COPIES DATE NO. DESCRIPTION 24 2 1.8" x 24" maps 1 impact study report preliminary storm drain calculations additional application fee (rherk 7 for $73C 00) 1 copy of dePri 1 ( affidavits of mailing and posting with mailing list 1 copy subdivision plat name reservation THESE ARE TRANSMITTED: (as checked below) FOR YOUR USE APPR.AS SUBMITTED ri REVIEW/COMMENT FOR YOUR APPR. D AFPR.AS NOTED RESUBMITTAL Ei AS REQUESTED E]RETURNED FOR CORRECTIONS REMARKS SIGNED: -,g,4 CITY OF TIGARD September 8, 1997 OREGON Mr. Brad Pihas HMP Enterprises 22151 SW 55th Avenue Tualatin, OR 97062 Re: Notice of Complete Application Submittal Dear Mr. Pihas: This letter is to inform you that your application for Subdivision Review (SUB 97-0007) is considered complete as of 9/5/97 and has been accepted by the Planning Division. If you have any questions, please feel free to contact me at (503) 639-4171. Sincerely, William D'Andrea Associate Planner, AICP i:\curpin\will\sub97-07.1t2 c: SUB 97-0007 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 PRE - APPLICATION CONFERENCE NOTES • an OF TIGARD PRE-APPLICATION CONFERENCE NOTES .414- City of Tigard,Oregon RESIDENTIAL CAM /0/3//q(00 1 STAFF: kA1/ DAV016 4 APPLICANT: /14,412y /Vl y62-5 AGENT: Phone:L• ) 35 /- 2"??' Phone: ( ) PROPERTY LOCATION: ADDRESS: /d 8( fr4// TAX MAPITAX LOT: / 5/ 35 - 30 0 O NECESSARY APPLICATION(S): S U Rt)NISI OK/ 721 1A/E DEVV ?A4,6 A/7 PROPOSAL DESCRIPTION: f 1C)-C- SV$-blvLSl Ot-.) COMPREHENSIVE �,/ PLAN DESIGNATION: /�(ED/(f 1 ZONING DESIGNATION: CITIZEN INVOLVEMENT 0,1577 FACILITATOR: TEAM AREA: PHONE: (503) ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: 305Qq. ft. Average lot width: . ft. Maximum building height: ft. Setbacks: front 15 ft. side rj ft. rear /S ft. corner /C., ft. from street. Maximum site coverage: q0 % Minimum landscaped or natural vegetation area: 7-0 (Refer to Code Section 18. 51-i ) (o-,¢,rZIe 2a 1 ADDITIONAL LOT DIMENSIONAL REQUIREMENTS Minimum lot frontage: .2j_fget, unless lot is created through the Minor Land Partition process. Lets RFeate&aspart-o _ •- • _ , - . • • • +5-feet-a#-#stage-or-ha - e -aeeess-easetlternt. a►` /5- , if TmG/`/f0 5 F The depth of all lots shall not exceed 21/2 times the average width, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. (Refer to Code Section 18.164.060 Lots) CITY OF TIGARD Pre-Application Conference Notes Page 1 of 10 Residential ApplicationlPlanning Department Section SPECIAL SETBACKS • Streets: L-1�J feet from the centerline of M•411 • • Established areas: feet from • Lower intensity zones: feet, along the site's boundary. • Flag lot: 10 foot side yard setback. • Zero lot line lots: minimum 10 foot separation between buildings. • Multi-family residential building separation: (Refer 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 - 5 foot minimum setback from side and rear lot lines. Accessory structure up to 1000 square feet on parcels of at least 2.5 acres in size (See applicable zoning district setbacks for primary structures.) BUILDING HEIGHT PROVISIONS • Maximum height of 30 feet in R-1, R-2, R-3.5 and R-4.5 zones. • Maximum height of 35 feet in R-7 and R-12 zones. • Maximum height of 45 feet in the R-25 zone. • Maximum height of 60 feet in the R-40 zone. FLAG LOT BUILDING HEI ROVISIONS Maximum heigh 1'/z stories or 25 feet, whichever is less in most zones; 21/2 stories, or 35 feet in R-7, R-12, R-25 -40 zones provided that the standards of Code Section 18.98.030(B) are met. SIDENTIAL DES. _ • ► ••ee example below) The Net Residential Units allowed on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following 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%. c. Drainageways. 2. Public right-of-way dedication. a. Single-family allocate 20% of gross acres for public facilities. b. Multi-family allocate 15% of gross acres for public facilities. (Refer to Code Section 18.92) EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: J EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8.712 sq. ft. (20%) for public right-of-way 6,534 sq. 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) = 11.4 Units Per Acre = 12.1 Units Per Acre * The Development Code requires that the net site area exist for the next whole dwelling unit. NO ROUNDING UP IS PERMITTED. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 10 Residential ApplicationiPlanning Department Section BLOCKS • The perimeter of blocks formed by stets shall not exceed 1,800 feet measured along the right-of-way line except where street location 4 frtecluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block length rester than 600 feet are permitted, pedestrian/bikeways shall be provided through the block. (Refer to de Section 18.164.040) RESIDENTIAL DENSITY TRANSF The City of Tigard allows - Residential Density Transfer of up to 25% of the units that could otherwise have been developed • sensitive lands areas listed in the density calculations that may be applied to the developable portion if the site. (Refer to Code =ection 18.92.030). I i h- .r .•n i•iii 1 if - - ..li .n for a residential development application to provide a detailed calcul. ion for both the permitted residential density and the requested density transfer. RESIDENTIAL DENSITY TRSITION Regardless of the lowed housing density in a zoning district, any property within 100 feet of a designated esta• (shed area shall not be developed at a density greater than 125 percent of the maximum Co. prehensive Plan designation (not zoning) of the adjacent parcel. Transition area applies to any pr..erty which is a designated established area. The subject property is designated as an area. The subject property is adjoined by established/developing/areas to the north outh, east and west. FUTURE STREET PLAN AND EXTENSIO OF STREETS 1. A future street plan shall: a. Be filed by the plicant in conjunction with an application for a subdivision or partition. The plan sh show the pattern of existing and proposed future streets from the boundaries if the proposed land division and shall include boundaries of the proposed land divi in and shall include other parcels within 200 feet surrounding and adjacent to the pro.osed land division. b. lden existing or proposed bus routes, pullouts or other transit facilities, bicycle routes an• pedestrian facilities on or within 500 feet of the site. 2. Wher: necessary to give access or permit a satisfactory future division of adjoining land, streets sha be extended to the boundary lines of the tract to be developed. ( -fer to Code Section 18.164.030) EStDENTIALEDELOPMENT SOLAR ACCESS REQUIREMENT All subdivisions an• minor pa I ions are su•jec o soar 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 TIGARD Pre-Application Conference Notes Page 3 of 10 Residential Application/Planning Oepartment Section The total or partial exemption or a site from the solar access requirement may be approved for the following reasons: 1. East, west or north slopes steeper than 20%. 2. Off-site shade sources (structures, vegetation, topography). 3. On-site shade sources (vegetation). Adjustments allowing a reduction of the 80% solar lot design requirement may be made for the following reasons: 1. Reduced density or an increased cost of at least five percent due to either: a. East, west or north slope greater than 10%. b. Significant natural feature. c. Existing road or lotting pattern. d. Public easement or right-of-way. 2. Reduction in important development amenities. 3. Pre-existing shade (vegetation). PLEASE NOTE: Maps and text are required which are sufficient to show that the development complies with the solar design standards, or that specific lots should be exempted or adjusted out. The following items shall be 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 OF TIGARD Pre-Application Conference Notes Page 4 of 10 Residential Application/Planning Department Section PLEASE NOTE: Regardless of the option(s) used through the design of the Subdivision or Minor Land Partition. all one and two family, single-family residences are reviewed through the building permit process for compliance with Solar Balance Point standards, Please contact the Building Division for further information regarding the Solar Balance Point standards and the options that are available related to building height and construction. PARKING AND ACCESS All parking areas and driveways must be paved. • Single family: Requires 2 off-street parking spaces per dwelling unit. • Multiple family: Requires 1.5 parking spaces per unit for 1 bedroom. Requires 2 parking spaces per unit for 1+ bedrooms. Multi-family dwelling u • It more than 10 required spaces shall provide parking for the use of guests and shall con ' 15% of the total required parking. (Refer to Code Section 18.106.030) No more than 40% of requir aces may be designated and/or dimensioned as compact spaces. Parking stalls shall be • nsioned as follows: • Standard parking space dimensi s: 8 ft. 8 inches X 18 ft. • Compact parking space dim ions: 8 ft. X 15 ft. • Handicapped parking: , I 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 ith Disabilities Act (ADA). A handout is available upon request. A handicappe arking space symbol shall be painted on the parking space surface and an appropri sign shall be posted. BICYCLE RACKS Bicycle racks are required for multi-family, commercial and industrial developments. Bicycle racks shall be located in areas protected,from automobile traffic and in convenient locations. Bicycle parking spaces shall be provided on the,lsis of one space for every fifteen (15) required vehicular parking spaces. �R\■ [ 14't`A Minimum number of accesses: Minimum access width:- Z..Th Maximum access width: Minimum pavement width: �o / . REQUIRED WALKWAY L TION Within all attac housing (except two-family dwellings) and multi-family developments, each residential dwellings be connected by walkway to the vehicular parking area, common open space and recrea • n facilities. CLEAR VISION AREA The Z`ity requires that clear vision areas be maintained between three and eight feet in height at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) 4_ {1� 30 CITY OF TIGARD Pre-Application Conference Notes Page 5 of 10 Residential Application/Planning Department Section BUFFERING 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 only 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 18.100) 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 STREET TREES) Street trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two inches when 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, 18.106 and 18.108) r • • _ ► REQUIREMENTS A tree pan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use 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: > 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; 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-Application Conference Notes Page 6 of 10 Residential AppiicationiPlanning Department Section Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section • 18.150.070.D; Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; • b 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. (Refer to Code Section 18.150.025) MITIGATION Replacement of a tree shall take place according to the following guidelines: A replacement tree shall be a substantially similar species considering site characteristics. 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 18.150.070 (D) SIGNS Sign permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 10 Residential ApplicationrPlammng Department Section SENSITIVE . • NDS The C•se provides regulations for lands which are potentially unsuitable for development due to areas within th- 100-year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or on u .table ground. Staff will attempt to preliminarily identify sensitive lands areas at the pre- applicatio conference based on available information. HOWEVER, the responsibility to precisely identify . -nsi ive la d ar-. an. h-ir ..undari-s i h- r- ..n i.ili .f h- ...li an . A -a m-- i • h- definitions .- sensitive lands mu be clearl indi a -d on .I.n bmii-. i h h- .-v-I..men application. (Refer to Cod: Chapter 18.84) Chapter 18.84 a o provides regulations for the use, protection, or modification of sensitive lands areas. Residential devel ment is prohibited within floodplains. In most cases, dedication of 100-year floodplain areas to the City park and open space areas is required as a condition of the approval of a development applic tion. N RRATIVE� The 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. CODE SECTIONS 18.80 18.98 18.114 18.150 18.84 X18.100 18.116 18.160 18.88 r 18.102 _ 18.120 _ 18.162 ./18.92 7-18.106 _ 18.130 / 18.164 18.96 /18.108 18.134 IMPACT STSUD7 As a part of the application submittal requirements, applicants are required to include impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the_applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. (Refer to Code Chapter 18.32 Section .050) When a condition of approval requires transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. (Refer to Code Chapter 18.32 Section .250) EIGHBORHOOD MEETING The applicant shal 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) CITY OF TIGARD Pre-Application Conference Notes Page 8 of 10 Residential ApplicationlPlanning Department Section RECYCLING - 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 18.116) ADDITIONAL CONCERNS OR COMMENTS: EMF E N-1 CL 1 ) • • ; 1` PG' V 1 p . 1.07W 7714/47/4) U4// y ict .e / 65C()_1. 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. CITY OF TIGARD Pre-Application Conference Notes Page 9 of 10 Residential ApplicationiPlanning Department Section Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8,5 inch by 11 inch map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and . will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10, to 20 day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard crryi CwAJC, / . A basic flow chart which illustrates the review process is available from the Planning Division upon request. This pre-application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre-application conference(s) is/are required if an application(s) is/are to be submitted more than six months following this pre-application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: W/,l/ D4,/V0 '9 PLANNING DIVISION Phone: (503) 639-4171 Fax: (503) 684-7297 h:Uogm\patty\preapp-r mst (Engineering section:preapp eng) July is 1996 CITY OF TIGARO Pre-Application Conference Notes Page 10 of 10 Residential ApplicationlPlanninq Department Section IS I 35 Al • # 2,000 City of Tigard, Oregon PRE-APPLICATION CONFERENCE NOTES • ENGINEERING SECTION PUBLIC FACILITIES The purpose of the pre-application conference is to: (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of- way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: (1.) to �G feet from centerline. (2.) to feet from centerline. (3.) to feet from centerline. Street improvements: 11 (1.) 1(Z street improvements will be necessary along 't-AL1/4--- (2.) street improvements will be necessary along (3.) Street improvements shall include feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five-foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or in the Central Business District), necessary street signs, streetlights, and a two year streetlighting fee. G GMT- -- Tbr 1 APfw✓k'— CITY OF TIGARD Pre-Application Conference Notes Page 1 of 3 Engineering Department Section In some cases, where street improvements or other necessary public improvements are not currently . practical, the street 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 formed to improve: (1.) (2.) - - Pedestrianways/bikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located in . The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to C —r tJrc,,A) t-ats -Go �p l �c A L—/°—T `- . 1E c ,Ate . ^- 11 .S' ' . Water Supply: The�A nrr�� \fAL--t Water District - Phone:(503) � S ' 332' I 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. Other Agency Permits: cgtrC '• ttAW`ts 1.4 ) givJ c) APpiwt,t_ fLoc.A-c(e3.1 CITY OF TIGARD Pre-Application Conference Notes Page 2 of 3 Engineering Department Section Storm sewer improvements: ■ tfe tkw-1 S7R6 e-A At.D A14-> SAL. 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 65 percent of the phosphorus contained in 100 percent of the storm 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 $180.00. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. • TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. Pp„4 STREET OPENING PERMIT No work shall be performed within a public right-of-way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. PREPARED BY: 3+(l ENGINEERING DEPARTMENT Phone: (503) 639-4171 Fax: (503) 684-7297 h Vogin\pattytpreapp.eng (Master section preapp-r mst) April 23, 1996 CITY OF TIGARD Pre•Application Conference Notes Page 3 of 3 Engineering Department Section OWNER: 1 5 1 35 4 3000 Mary Myers 10860 5.W. HALL BLVD. 3406 NW Thatcher Road - Forest Grove, OR 86116 503/357-2978 F>CNIBIT 1 20,240 SQ FT ZONING: R-12 184.00' 3147 SQ FT 4-5.00' \ 121 .00' 1500' 3050 n � o 33.58' 36.31 ' 36.31 ' SQ FT o co m O O a O 2803 3050 3050 SQ FT SQ FTao SQ FT 3159 SQ FT 18' 60.00' N 0 20 40 I INCH = 40 FEET OCTOBER 4, 1996 PINE • � i rc.c1 s 1.1.111 ' 110' Iw. • b 2,$.'• 100 I30' �1.J 300 .16 W ... y�r PD A c. 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" '_1 J 1 2000 T s r .4, ,�" 113 �I 2300 6o=� = c °1.�y O a SEE MAP 1 r- - Ira --1 r 71 -..' ` 7. • - 0 tS I 'EC8 • • ._ _ _� 1702 ,-� r -I I _ SEE DETAIL-- — a i_ 110 L _ M? c t\ MAP 11 cla. .. - �. .} o IZ I1 o, Z • • - ^�_ 7 o 1111 I :.(t_s.'40.11,4 D • • �, r +if • 5a170 T W.O. 1{ . 2;°°d• I S I 35 A D - ldJ W CHICAGO c . o _ ! _ • QM . stn "U) i W 'This plat is for your aid in am- F w locating your land with reference to streets and other parcels. While this plat is believed to be correct.the company assumes 'i"" v" no liability for any loss occurring 3200 8 by reason of reliance thereon . • -r No. l AD r 1` `-� 5 CHICAco TITLE..ISu CE CCMPA.N• I r r •0 loco+S E SuNNYSI0E 17OA0 --c T:L..,.KAMAS 1.),I=C,(::. 970'5 T A 1 \ D iG •••• 9 11.• I 0 •I z' 4 :ALOE ST ! 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( ,:1 sch` L./ ),.. \\ 7 .• .: 5 _ .� _ .boo_ •�•1 �x' .-• , ,-.„--) • ,,\.-._ .----.--, -.. • r - ) . (.0(1, - N • • • 1 ' —' -- • ` 1 •f—: r .1: , .) ...„. _ • , . n II t\ • [....._ •„,'"' /: — ,i•-• a-' 1.-''''....' • n • ' i \B 41 07 • -�- ji .Inv...: • • 1 .�1 ,1, • O_ I,roe • .��1: ( 1 . •■ •. • . ' 11. \• • ..' - . . FAF 'E• • . 1�T'' • "� - (/)• .II. • .. • . i �4 IJ_. : .• - _ ....1 .i .r • goo • •• • ' Y•.3...../ /... 1 . . 9, : : - ... .k: ...„ ; -*.: l a==" .-. i//%�� -ill • •• • ..• rte•••• .•,�•,; i`�.- l V ---1 �....1 l - -f/Fi .•.\° • •• \�•• •••�.• •j` I 1' �/ f , , ( x3 J��41°f 1.toiler. ( • 111 lT• Pre Apps (CID Me n 1 October 1996 tili T W T F S 1 2 3 4 5•' 3 14 6 8 9 10 11 12 1 7 15 16 17 18 19 7 28 29 30 31 25 2 20 21 22 23 24 26 ....':,;.::::..... 2 1. Thursday, October 31, 99C 8:00 8:30 &1V1, S't E #' PRE APP:? w/bony Sedges ck 9:00 E :::>:: X39 3956» ::::::::::::::: 9:30 ' :::::::::r :;:: : ; ? `>F'f??'? ?' `' :;....:.y::...`'.:;.:`:::::.. :' .::....'.:.' .,: 10:00 10:30 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 9:35AM Thursday, October 24, 1996 ADDITIONAL DOCUMENTS Customer Receipt CITY OF TIGARD Printed:07/21/2000 12:05 User: FRONT Station: 02 Operator: KJP Rcpt No: 0003868 Date: 07/21/2000 Customer No:000000 Amount Due: 370.00 Name: HMP ENTERPRISES INC Cash: 0.00 Address: 300 OSWEGO POINTE DR Check: 370.00 STE 200 N/A 0.00 LAKE OSWEGO, OR 97034 Change: 0.00 Type Description Amount LANDUS Land Use Applications 370.00 Oki t'4 / 3f4 / yLv5 esZA-r4 I p V- ' J TT INVOICE NO.a ND 0088 IPLE T NURSERY, INC. / ? /(��� DATE SHIPPED 26801 S.W. Stafford Road • Wilsonville, Oregon 97070 ‘,.141/1111e3(503) 682-5959 • Fax(503) 682-4546 PO./JOB # SOLD TO r,/',P‘21441111, �� C - TERMS: STRICTLY 30 DAYS NET, FROM DATE OF f 7 �`' INVOICE. ADDRESS �� i S1 3141 �c A#L ALL CLAIMS MUST BE MADE WITHIN 10 DAYS wry(') f�,�///� OF RECEIPT OF MATERIAL. CITY :-" I^ i '� STATE 0' 2— h • -6i_- INTEREST CHARGED AT EIGHTEEN PERCENT PER ANNUM ON PAST DUE ACCOUNTS. WE RESERVE THE RIGHT TO LIEN UNPAID SHIP VIA INVOICES AFTER 30 DAYS QUANTITY VARIETY GRADE PRICE AMOUNT 10 jv; 4€ C c Jc r-s 3 ' (,,I.' ,..i Q.00 2.a4O0 (r) ! r c4 C;_J` (t.- -k-rc:,r--7 'e- 4) Y TOTAL 223,06 !sly 370.-